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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
group for development of national
standards of custody for persons
detained for administrative offences.
This group was established on the
Ombudsman’s initiative.
Pursuant to the requirements of Article 10
of ECHR the Administration of SBSU has
made a number of steps to include relevant
educational materials and information
on prohibition of torture into personnel
training programs.
Thus, 10 regional trainings held in 2012 -
2013 in cooperation with IOM and UNHCR
and with the support of the National
Academy and Training Center of the State
Border Service of Ukraine addressed the
topic of respect of detainees’ rights and, in
particular, the prohibition of torture. These
activities were attended by 250 officers, of
whom 70 became the so called knowledge
multipliers; they use the received materials
for further advanced training of personnel
engaged in border control and guarding of
detainees.
2.4. Results of monitoring of custodial settings of the State
Migration Service
The custodial settings of the State Migration
Service of Ukraine are the temporary
accommodation centers (further referred
to as TACs) for foreigners and stateless
persons illegally staying in Ukraine.
for personal use.
SMSU authorities operate two such
facilities that are designed for simultaneous
accommodation of 373 persons: Volhynia
TAC (for 165) and Chernihiv TAC (for 208).
NPM visit to this facility took place in June
2013. Upon arrival to the institution the
members of the monitoring team had
to wait at the entry checkpoint for 15-20
minutes for the TAC governor’s permission
to get in, although personnel on duty
had at its disposal the text of the rule on
unimpeded access of NPM staff.
According to DMSU data during 2013 these
TACs held 337 persons. Most of them from
Vietnam – 61, others - from Afghanistan 42, Bangladesh – 26, Somalia - 24, Georgia
- 21, China - 12, Sri Lanka - 8.
However, it should be noted that the
administration and staff of the facility did
not complicate or anyhow hinder free onsite movement of the NPM team members
or their private interviews with inmates.
NPM visited Volhynia MAC as it was the
only facility operating from June through
December 2013.
Main problems (identified in 2013)
possibly qualified as manifestations of
ill-treatment
The facility was built in 2008 with the
financial assistance of the European Union
in accordance with the best international
standards. The inmates held in the
institution enjoy decent living conditions
and can satisfy their social and other needs;
in particular, they make use of a kitchen to
cook their food, of showers and washers,
can engage in individual and collective
sports, and buy foodstuffs and other items
The visit revealed one fact of groundless
restriction of the detained foreigners’
access to contacts with the outer world
– they mobile phones were seized upon
placement to the facility, in contravention
of p. 7.1 of the Provisions on temporary
accommodation centers for foreigners
and stateless persons illegally staying in
Ukraine.
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