SECTION 2.
proceedings launched by the Ombudsman
it was found that the rights of conscript
Pavlo A. were violated. After being beaten
in his military unit he was placed into a
medical unit on the basis of a provision in
the said Instructions and later diagnosed
with schizophrenia and pronounced unfit
for military service. On demobilization
this diagnosis was not confirmed by a
special commission, yet the very fact of
this diagnosis creates real problems for the
young man in his civilian life and limits his
rights in the sphere of employment and
elsewhere. This issue requires a legislative
solution.
The requirement of Article 10 of the
Convention against Torture as to mandatory
inclusion of materials on prevention of
torture and cruel, inhuman or degrading
treatment or punishment into professional
training programs for personnel engaged
in the guarding of prisoners is not
complied with as so far such programs are
not available.
Implementation of the Ombudsman’s
recommendations given to MoD in 2013
After each monitoring visit relevant reports
and recommendations on improvements
in respect of rights and freedoms of the
detained or convicted military personnel
were communicated to the leadership of
the Ministry of Defense of Ukraine and to
the Policing Service of the Armed Forces of
Ukraine.According to the officially received
information PSAFU has implemented
nearly 50 % of post-visit recommendations
(e.g., in the disciplinary battalion – on
providing written information to prisoners
about their rights and freedoms, on free use
of wristwatches, on regular inspections by
medical staff of the amount and quality of
food and water, of the cooking procedures,
of the sanitary state of the institutions
115
and of the suitability and cleanliness
of prisoners’ clothing and bedding, on
installing doors in toilet cubicles).
In order to maintain an effective dialogue
with defense agency the staff of the NPM
Department established two-way working
relationships with the relevant subdivisions
and officials of PSAFU. The matters of
interaction and status of implementation
of the 2013 recommendations were
discussed at two joint meetings.
In the first quarter of 2013, in order to
improve the treatment of the detained
and convicted prisoners, the PSAFU
leadership organized an inspection of all
MoD custodial settings (except military
units), performed by a special commission.
As a result the agency discontinued
operation of 3 guardhouse and 16 RTDPs
and planned for their renovation and reequipment. After completion of such works
in the end of 2013 operation of all RTDPs
and 1 guardhouse was resumed. PSAFU
also began works to equip a cell for three at
its guardhouse in Kyiv in accordance with
minimum standards of detention.
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