Article 327§3 of the Code of Ukraine on Administrative Offences states that
serving administrative arrest should take place in accordance with the rules established
by the laws of Ukraine, however there are no such laws at the moment.
Persons subjected to arrest as administrative penalty serve the sentence in special
premises for persons under administrative arrest. The premises’ functioning is
regulated by the Regulations on special premises for persons under administrative
arrest at the bodies of internal affairs adopted by the MIA order #552 dated 18.09.1992.
Contrary to requirements of the CMU resolution #731 dated 28.12.1992 “On approving
of the Regulation on state registration of legal acts and regulations of ministries and
other state executive authorities”, the said order was not brought into compliance with
the Constitution and laws of Ukraine and other legislation, the 1950 Convention for the
Protection of Human Rights and Fundamental Freedoms and its Protocols, as well as
case law of the European Court of Human Rights, international agreements signed by
Ukraine recognized as binding by the Parliament of Ukraine.
The legislation of Ukraine does not set standards on protection of the rights of
convicted and detained persons during convoying by rail and road transport
Since 2000, the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT) has repeatedly provided
recommendations for the government of Ukraine for improvement of conditions of
transportation of detained and convicted persons.
According to CPT experts, the manner of transportation of detainees, particularly
rail transport, is unacceptable given material conditions and possible length of travel.
In its Report to the Ukrainian Government on the visit to Ukraine carried out
from 24 November to 6 December 2000, the CPT provided a number of
recommendations on road and rail transport of prisoners. The matter was raised again
in 2002 with the Ukrainian authorities, who stated that a working group had been set
up to transfer responsibility for escorting prisoners from the Ministry of Internal Affairs
to the Department for the Execution of Sentences. In the light of the critical findings
concerning transport vans by the delegation that carried out the 2002 visit, “the CPT
recommended that the Ukrainian authorities give a high priority to resolving the issue
of the conditions under which prisoners are transported, with due regard to the
recommendations in paragraph 131 of its report on the 2000 visit”.
At the moment, there are no unified standards on the procedure of escorting
apprehended, convicted, and detained persons by rail and road transport. There are no
unified standards that would take into account ECHR case law and recommendations
of The European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT).
100
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents