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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
conference “Accomplishments of modern
science in current penitentiary practice”.
NPM staff took part in the round table
discussion held on September 18, 2013
and attended by representatives of
Prosecutor General’s Office, Ministry of
Justice and SPSU that addressed the issue
of unimpeded mailing for persons taken
into custody and convicted prisoners and
featured a debate on the procedure of
receipt, acceptance and dispatch of such
correspondence.
In this regard the Commissioner for Human
Rights sent a letter to the Prosecutor General
of Ukraine (of August 14, 2013) on failure of
penitentiary and prison administrations to
comply with the requirements of the Laws
of Ukraine “On the Ukrainian Parliament
Commissioner for Human Rights” and “On
Preliminary Detention” and of the Criminal
Enforcement Code of Ukraine.
The Prosecutor General’ Office of Ukraine
replied about its official response action,
elimination of the earlier revealed
violations of the law and imposition
of disciplinary liability on the culpable
individuals. The joint meeting held on
October 18, 2013 under the chairmanship
of the Ombudsman and with participation
of representatives of Prosecutor General’
Office, Ministry of Justice, State Penitentiary
Service of Ukraine and the Ombudsman’s
Secretariat, addressed establishment of a
working group to promote enhancement
of safeguards of the rights and freedoms of
persons held at SPSU institutions.
A working meeting with the heads of
relevant ministries and agencies occurred
on November 4, 2013; its participants
determined the areas of activity of the
joint group to increase the efficiency of
implementation of the state policy in the
sphere of human rights and freedoms.
Two round table meetings initiated by the
Ombudsman assembled employees of the
Presidential Administration, Prosecutor
General’s Office, Ministry of Justice and
the State Penitentiary Service; they
discussed the draft of Internal procedures
for penitentiary institutions. This draft
reflected a number of proposals made by
the Ombudsman and by NGO experts as
to improvement of conditions of detention
for convicts sentenced to life imprisonment
with regard to prohibition of lifers’ weekly
transfer from one cell to another and their
handcuffing whenever out of cell, including
movement in the territory of the institution
or provision of medical assistance.
In order to ensure legitimate interests of
detained persons and convicted prisoners
and the elimination of systematic violations
of human rights in penitentiary institutions
the Ombudsman made a number of
submissions to the Minister of Justice of
Ukraine, specifically:
•
regarding elimination of violations of
the legislation on the use of special
units of the State Penitentiary Service of
Ukraine (of January 16, 2013)
SPSU has for a long time its own special
units, without proper regulations on
their operation. State registration of the
Order of the State Department of Ukraine
for Enforcement of Punishments “On
approval of the Provisions on the special
purpose unit”, of October 10, 2005, No.
167, registered with the Ministry of Justice
of Ukraine on February 16, 2006, No.
138/12012 (which set out the procedure for
the use of special units in penitentiaries and
remand prisons), was annulled on the basis
of the Opinion of the Ministry of Justice of
Ukraine of December 24, 2007 No. 15/ 88 by
this Ministry’s Order of December 26, 2007,
No. 1302/ 5). Considering abovementioned
and in view of the availability of prisoners’
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