SECTION 1. standards relating to equipment of holding facilities and protection of detainees’ rights and freedoms. This situation has entailed numerous violations of human rights and freedoms of the administratively detained persons that can be regarded as their cruel, inhuman or degrading treatment. In particular, - the facilities for administrative detainees fail to meet the standards accepted in the UN and CoE member states (especially with regard to floor area and space per person, free access to fresh air and drinking water, requirements as to ventilation, lighting, etc.); - the procedures for restriction of the rights and freedoms of administrative detainees are not prescribed by law and the procedure of ensuring the rights and obligations of this category of detainees rests only upon inner departmental regulations. In this regard the Ombudsman made a submission to the Prime Minister of Ukraine with a request to establish a working group composed of experts from the Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, State Migration Service of Ukraine and the State Border Service of Ukraine, with involvement of employees of the Ombudsman’s Secretariat, for devising a draft law that would define uniform national standards of detention of persons arrested for committed administrative offenses and the procedure for restriction of their rights and freedoms. Currently this group exists with the Ministry of Justice of Ukraine. Regrettably, as of 31.12.2013 the relevant draft has not been developed. Another issue of systemic violation revealed in the course of monitoring is the lack of consistency between departmental 25 regulations of various ministries and agencies (Ministry of Internal Affairs, Security Service, SSU, SMSU, SPSU) where they concern the number and types of items that a detainee may have, receive or buy at own cost or the items that are strictly forbidden. In her submission addressed to the Prime Minister of Ukraine the Ombudsman noted that the main differences in the detention or sentence enforcement procedures in the custodial institutions should be the purpose and duration of custody and the prisoners’ status in the criminal or administrative process, while the differences in the conditions of custody for these persons should be minimal, and the security measures should depend on the degree of the social danger or national security threat that each individual poses. However, the aforementioned state agencies apply different approaches to the regulation of the conditions of detention of persons in subordinate institutions and even resort to utterly ungrounded security procedures. The effective legislation and the agency regulations on the operation of these institutions contain significant discrepancies in the lists of items, objects and foodstuffs allowed to possess, buy or receive and in the lists of items allowed for use. Pursuant to the Ombudsman’s submission the Ministry of Justice established an interagency working group in order to develop uniform requirements for conditions of detention in custodial settings, in view of the domestic and international best practices. Unfortunately, as of 31.12.2013 the relevant draft has not been developed.

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