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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
Commissioner for Human Rights”, laws and
regulations related to the respect of human
rights and freedoms and the procedure
of applying to the Ombudsman or to
other public authorities and international
organizations as established in the Law of
Ukraine “On Preliminary Detention”.
Typical violations of human rights and
freedoms found in 2013
The new Code of Criminal Procedure of
Ukraine (CCP) gave effect to a number of
important provisions expected to minimize
the risk of ill-treatment of detainees during
pretrial proceedings. One such measure
provides detainees with the right to
immediately notify family members, close
relatives or other individuals at own choice
about the detention and the place of
custody. Moreover, the official who made
the arrest is to immediately notify the
authority or institution authorized by law
to provide free legal aid. This requirement
is embedded in Art. 213 of the Code. The
sequence of relevant actions is described in
the Provisions on notification of Centers of
free legal aid (approved by the Cabinet of
Ministers of Ukraine on December 28, 2011,
under No. 1363).
Control over compliance with this rule is
vested with quite a number of officials.
Article 212 of the new CCP provides for
appointment, at each pre-trial investigation
authority, of one or more officials in charge
of detainees who are to ascertain the fact of
notification of the free legal aid center and
of the third parties about the detention.
Apart from that, in accordance with p. 6.6.2
of the ordinance approved by MIA Order
of 28.04.2009 No. 181 the police officer
on duty is obligated to ascertain whether
the free legal aid center was notified and
to make such notification on his own if
the arresting officer failed to make such a
notification.
Unfortunately, this requirement is
systematically violated. As a result, cruel
treatment by the police of persons held
in custodial settings remains a significant
problem in Ukraine, as evidenced by
numerous applications to the Ombudsman
and by the results of NPM Department’s
and civic activists’ inspection visits to MIA
institutions.
The main factors conducive to such
violations include the following:
•
not all police units have appointed
officials in charge of custody facilities;
•
custody officers intentionally fail to
notify the free legal aid centers, thus
enabling investigators or detectives
work with detainees as long as possible
in order to obtain confessions or
conduct other investigative activities
(line-up identification, seizure of items,
etc.);
•
custody
officers
are
directly
subordinated to the head of
investigation
subdivision
and,
consequently, cannot really ensure
respect of the rights of detainees and
instead of performance of their duties
become involved in other duties and
tasks;
•
police officers on duty have no control
over the lawfulness of apprehension
and do not check whether third parties
get notified about arrests.
In our opinion, the above mentioned
human rights violations in the work of the
police may be minimized by legislative
prohibition to conduct interrogations,
interviews and other investigative actions
pursued by operational and other staff
of the law-enforcement agency in any
premises that are not equipped with video
surveillance and recording systems.
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