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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
According to official information received
from the State Migration Service of Ukraine
the TAC has resolved issues that did not
imply considerable financial and material
costs (e.g., fixed mechanical ventilation
in the rooms and in the medical isolation
ward, attached handles to window frames,
and placed notices with contacts of TAC
governor and his reception schedule inside
the dormitories).
In order to ensure proper quality of
communication with foreigners from
African and South Asian countries the
administration of the facility invites
interpreters from an organization that is
the local partner of the UNHCR Regional
Office for Belarus, Moldova and Ukraine.
The leadership of the migration agency
also began making an internal database
(register) of interpreters.
Information on inmates’ rights and
obligations, TAC in-house rules, contacts
of the senior officials of the facility, of the
related authorities and of legal aid providers
was also exhibited on notice boards of the
dorm hallway, in several languages.
Use of personal mobile phones still remains
unregulated. P. 4.58 of the draft of the new
MIA Order “On approval of Provisions on
custody in temporary accommodation
centers for foreigners and stateless persons
illegally staying in Ukraine” allows use of
personal mobile phones without photo
and video cameras on permission of TAC
governor or his deputy but anyway fails to
set out the rules of phone use. At present
TAC inmates are permitted to use their
mobile phones once a week or at any time
on own choice but under surveillance.
In order to improve the legislation of
Ukraine on protection of rights and
freedoms of persons held in TACs in view of
NPM recommendations the State Migration
Service drafted a number of regulations
and provided these drafts to NPM staff for
familiarization, specifically:
•
draft Law of Ukraine “On Amendments
to Certain Legislative Acts of
Ukraine”, which envisages, inter alia,
amendments to the Law of Ukraine
“On the Legal Status of Foreigners and
Stateless Persons”;
•
draft Resolution of the Cabinet of
Ministers of Ukraine “On nutritional
standards for foreigners and stateless
persons held at SMSU temporary
accommodation centers for foreigners
and stateless persons illegally staying
in Ukraine and at accommodation
facilities for refugees”;
•
draft Order of the Ministry of Internal
Affairs of Ukraine “On approval of
Provisions on custody in temporary
accommodation centers for foreigners
and stateless persons illegally staying
in Ukraine”.
2.5. Results of monitoring of custodial settings of the Ministry
of Defense
Under the definition of Article 13 of the Law
of Ukraine “On the Ukrainian Parliamentary
Commissioner
for
Human
Rights”
NPM monitoring covers the following
institutions of the defense agency:
•
one disciplinary battalion of the
Policing Service (PS) of the Armed
Forces of Ukraine (AFU);
•
guardhouses and rooms for the
temporarily
detained
personnel
(RDTPs);
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