102 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: report on the visit to the said institution and recommendations on the use of the results of the visit in its oversight of compliance of SPSU authorities and institutions with the effective law. According to information from the Prosecutor General’s Office and Ministry of Justice of Ukraine the SPSU examined the recommendations based on the monitoring visit results, took a number of practical measures to redress the violated rights of the prisoners, in accordance with the developed and approved action plan for elimination of shortcomings identified during the monitoring visit of Seleznivka penitentiary (No. 143), and brought five culpable officials to disciplinary liability. In furtherance NPM Department of recommendations as to elimination of shortcomings identified during monitoring visits the SPSU at its extended working meeting of November 27, 2013 approved a plan of additional activities for strengthening of the safeguards of the rights and freedoms of persons held at agency’s institutions and prevention of torture and cruel, inhuman or degrading treatment or punishment; • regarding harmonization of legal acts that regulate the activity of authorities and institutions of SPSU with the requirements of the national legislation, European practices and standards for treatment of prisoners (of October 15, 2013) In order to ensure legitimate interests of persons taken into custody and convicted prisoners it was recommended: • to take immediate steps for harmonization of legal acts that regulate the activity of the authorities and institutions of SPSU with the domestic and international standards and the case law of ECtHR, with involvement of representatives of the Secretariat of the Ukrainian Parliamentary Commissioner for Human Rights (on their consent), of prosecutorial and judicial authorities (on their consent) and of researchers and representatives of nongovernmental organizations; • to draw the attention of the Section of interaction with the Ministry of Justice’s Department of interaction with the State Services of Ukraine to the insufficient level of coordination of regulatory efforts in the sphere of enforcement of criminal punishments; • to consider the possibility of coordinating regulatory acts that contain rules affecting the rights, freedoms and lawful interests of citizens in custodial settings with the Parliament Commissioner for Human Rights, prior to state registration of such acts. In his official reply of November 18, 2013 on measures taken the Minister of Justice of Ukraine informed that, in order to draft proposals for improvement of the legal definition of the conditions of detention of persons isolated from the society, a Working Group was established and composed of representatives of the stakeholder executive authorities, with participation of representatives of the Secretariat of the Ombudsman. The letter also contained information on appropriate measures taken to bring a number of legal and regulatory acts into conformity with the requirements specified in the Ombudsman’s submission and on further continuation of such activities.

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