SECTION 2. 103 2.3. Results of monitoring of institutions of the State Border Service of Ukraine Custodial settings of the border administration agency include specially equipped facilities for individuals detained under the administrative procedure for violation of the legislation on the state borders of Ukraine – the temporary detention facilities (TDF, domestically known as PTTs) and special premises (SP). As of December 31, 2013 the agency maintained and operated 71 custodial settings with the total capacity of 463 detainees at a time (as of December 31, 2012 the agency had 85 such settings (or 17 % more) - 10 THFs and 75 SPs). Presently available facilities are: • 11 temporary holding facilities capable of holding 268 persons, and • 60 special premises for 195 detainees at a time. During the year the Border Service’s custodial settings held 1,302 persons from 45 countries (of which 897 were in custody for up to 3 days and 405 for over three days). Such number of detainees is much (23 %) lower than in the year of 2012 (1,686 detainees), which is primarily attributable to the changes in the domestic criminal procedure law. During the reporting period the employees of the NPM Department visited 8 facilities of the State Border Service of Ukraine; one of these facilities was visited for the second time (in 2012 NPM made 5 visits and 1 repeat visit). Specifically, NPM visited: • 4 THFs (of Chernihiv, Chop, Sumy and Mostyska border control units) and • 4 SPs (of the border control units of Chernihiv, Odessa (repeat visit), Sumy and Luhansk). In May 2013 NPM carried out a repeat visit to Odessa International Airport which in 2012, on demand of the Ombudsman, had closed its special premises for border legislation offenders, for the reason of incompliance with the minimum standards for treatment of detainees. According to the monitoring group the new facility that has operated since February 2013 fully meets the generally accepted standards as to the rights and freedoms of detainees. Unlike the old facility, the new one has enough natural and artificial lighting and a proper ventilation system. Interviews with the staff also revealed border guards’ better awareness of prevention of torture and illtreatment and of the activities of the NPM of Ukraine. Administrations of the visited facilities usually provided unimpeded access to the members of monitoring teams, although in some instances, e.g. during the visits to Chop, Mostyska and Sumy border units, the team had to wait for permission for 20 to 30 minutes. The commanding officers and staff of the detention facilities did not impose and obstacles and did not interfere with private interviews with detainees, and the members of the monitoring group could communicate with them in accordance with Art. 20 (d) and (e) of OPCAT and p. 3 of Art. 19-1 of the Law of Ukraine “On the Ukrainian Parliamentary Commissioner for Human Rights”. Obtained data during interviews with

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