SECTION 2.
Moreover, common areas accommodated
more individuals than prescribed by the
domestic legislation and international
standards (at least 7 sq. m of floor area per
person).
Other deficiencies identified during the
monitoring visit to the TAC were as follows:
•
certain difficulties in communication
between TAC staff and administration
and the foreigners, mostly for absence
of in-house interpreters from/ to the
languages of the Asian and African
continents the natives of which
constitute the majority of those held at
the facility;
•
despite the availability of a payphone
in the dormitory the inmates have
practically no chance to buy phone
cards, which are usually provided
by representatives of international
organizations in limited quantities;
•
procedure of providing inmates with
information about their rights (or other
knowledge that might help them in
adaptation to their custody) should be
improved;
•
insufficient number, in the TAC
library, of works of fiction and other
publications in the native languages of
inmates from South-Eastern Asia and
Africa.
One should also note the utter absence of
special training programs on prevention of
torture and ill-treatment for the guards.
The regulatory deficiencies that may cause
ill-treatment are as follows:
•
SMSU Provisions on temporary
accommodation centers for foreigners
and stateless persons illegally staying
in Ukraine do not specify the priority
of written notification of the newly
109
admitted about their rights and
freedoms and provision of other
information that might help them in
adaptation to their custody;
•
regulations do not carry any list of
items forbidden in TAC;
•
rules on health control and on
visits, especially from lawyers,
in the Provisions on temporary
accommodation centers for foreigners
and stateless persons illegally staying in
Ukraine do not meet the international
standards and require alterations;
•
p. 3.3.3 of Provisions on temporary
accommodation centers for foreigners
and stateless persons illegally staying
in Ukraine (approved by Order of MIA
of Ukraine of October 16, 2007, No. 390)
provides for the so called “localized
premises” designed to accommodate
persons who “need enhanced
surveillance for predisposition to
violence or possibility of infliction of
harm to others or to themselves, of
attack on TAC staff or of escape” for a
period from 14 to 30 days. However,
application of such disciplinary
measure as confinement in “localized
rooms” (essentially, in punishment
cells)
requires
more
detailed
regulation.
Implementation of the Ombudsman’s
recommendations given to SMSU in
2013
On the basis of monitoring visit results
to Volhynia TAC in 2013 the NPM
Department sent to the SMSU its relevant
recommendations with regard to six issues
related to ill-treatment of foreigners and
stateless persons during their custody in
the facility.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents