102
MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
report on the visit to the said institution and
recommendations on the use of the results
of the visit in its oversight of compliance of
SPSU authorities and institutions with the
effective law.
According to information from the
Prosecutor General’s Office and Ministry
of Justice of Ukraine the SPSU examined
the recommendations based on the
monitoring visit results, took a number of
practical measures to redress the violated
rights of the prisoners, in accordance with
the developed and approved action plan
for elimination of shortcomings identified
during the monitoring visit of Seleznivka
penitentiary (No. 143), and brought five
culpable officials to disciplinary liability.
In furtherance NPM Department of
recommendations as to elimination
of shortcomings identified during
monitoring visits the SPSU at its extended
working meeting of November 27, 2013
approved a plan of additional activities
for strengthening of the safeguards of
the rights and freedoms of persons held
at agency’s institutions and prevention of
torture and cruel, inhuman or degrading
treatment or punishment;
•
regarding harmonization of legal acts
that regulate the activity of authorities
and institutions of SPSU with the
requirements of the national legislation,
European practices and standards for
treatment of prisoners (of October 15,
2013)
In order to ensure legitimate interests of
persons taken into custody and convicted
prisoners it was recommended:
•
to take immediate steps for
harmonization of legal acts that
regulate the activity of the authorities
and institutions of SPSU with the
domestic and international standards
and the case law of ECtHR, with
involvement of representatives of
the Secretariat of the Ukrainian
Parliamentary
Commissioner
for
Human Rights (on their consent), of
prosecutorial and judicial authorities
(on their consent) and of researchers
and
representatives
of
nongovernmental organizations;
•
to draw the attention of the Section
of interaction with the Ministry of
Justice’s Department of interaction
with the State Services of Ukraine to
the insufficient level of coordination
of regulatory efforts in the sphere of
enforcement of criminal punishments;
•
to consider the possibility of
coordinating regulatory acts that
contain rules affecting the rights,
freedoms and lawful interests of
citizens in custodial settings with the
Parliament Commissioner for Human
Rights, prior to state registration of
such acts.
In his official reply of November 18,
2013 on measures taken the Minister of
Justice of Ukraine informed that, in order
to draft proposals for improvement of
the legal definition of the conditions of
detention of persons isolated from the
society, a Working Group was established
and composed of representatives of the
stakeholder executive authorities, with
participation of representatives of the
Secretariat of the Ombudsman. The letter
also contained information on appropriate
measures taken to bring a number of
legal and regulatory acts into conformity
with the requirements specified in the
Ombudsman’s submission and on further
continuation of such activities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents