hospitalized by an ambulance. Lengthy denial of medical care posed a serious threat to the life
and health of apprehended P. who was also hospitalized upon demand of the Secretariat staff.
On 19 February 2014, there were 13 persons with bodily injuries found at Desnyanske
district directorate of the Main MIA Directorate in Kyiv, including six persons in need of
urgent qualified medical care. Following a request by the staff of the Secretariat of the
Commissioner, they were hospitalized by ambulances. During a brief conversation with T., it
turned out that he was held in an “avtozak” for several hours with bone fractures of left hand
and right foot.
On 19 February 2014, at Darnytsya district directorate of the Main MIA Directorate in
Kyiv, there were reported instances of untimely provision of medical assistance to persons
brought to the directorate with bodily injuries who allegedly had sustained them during
apprehension.
On 19 February 2014, in Obolon district directorate of the Main MIA Directorate in
Kyiv there were 12 apprehended persons found with injuries of varying gravity who did not
receive medical assistance during a long period following apprehension (over 5 hours).
Relevant acts of response by the Commissioner on violations of the right to medical care
reported by the staff of the Secretariat of the Commissioner were sent to the Office of the
Prosecutor General of Ukraine and the Ministry of Internal Affairs of Ukraine.
1.4. Violations of the right to defense
On 23 January 2014, during a visit to Obolon district directorate of the Main MIA
Directorate in Kyiv, the staff of the Secretariat of the Commissioner reported multiple
violations of the right of apprehended activists to defense. Instead of immediate notification
on apprehension to the authority (institution) providing free legal aid in accordance with the
law, such notifications took a long time, in particular:
The Center for Free Legal Aid was notified on apprehension of A.S.V. 13 hours
45 minutes following actual apprehension;
The Center for Free Legal Aid was notified on apprehension of S.V.V. 9 hours 30
minutes following actual apprehension;
The Center for Free Legal Aid was notified on apprehension of M.V.M. 9 hours
10 minutes following actual apprehension.
The time of notification of the Center for Free Legal Aid on apprehension of S.S.V. is
not indicated at all. It was only noted that the attorney arrived 10 hours 40 minutes following
actual apprehension
In the above cases, both investigators and officers on duty at Obolon district directorate
of the Main MIA Directorate in Kyiv committed violations of the right to legal assistance.
They did not follow requirements of paragraph 6.6.2 of the Instruction approved by the order
#181 of the MIA of Ukraine on 28.04.2009 whereby an investigator shall verify whether the
Center for Free Legal Aid was notified on apprehension of the person, and in case such
notification is missing, notify the Center himself.
On 28 January 2014, a visit to Pechersk district directorate of the Main MIA Directorate
in Kyiv revealed instances of systematic concealment of apprehensions and failures to notify
the Center for Free Legal Aid.
11
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