SECTION 2.
103
2.3. Results of monitoring of institutions of the State Border
Service of Ukraine
Custodial settings of the border
administration agency include specially
equipped facilities for individuals detained
under the administrative procedure for
violation of the legislation on the state
borders of Ukraine – the temporary
detention facilities (TDF, domestically
known as PTTs) and special premises (SP).
As of December 31, 2013 the agency
maintained and operated 71 custodial
settings with the total capacity of 463
detainees at a time (as of December 31,
2012 the agency had 85 such settings (or
17 % more) - 10 THFs and 75 SPs). Presently
available facilities are:
•
11 temporary holding facilities capable
of holding 268 persons, and
•
60 special premises for 195 detainees
at a time.
During the year the Border Service’s
custodial settings held 1,302 persons from
45 countries (of which 897 were in custody
for up to 3 days and 405 for over three days).
Such number of detainees is much (23
%) lower than in the year of 2012 (1,686
detainees), which is primarily attributable
to the changes in the domestic criminal
procedure law.
During the reporting period the employees
of the NPM Department visited 8 facilities
of the State Border Service of Ukraine; one
of these facilities was visited for the second
time (in 2012 NPM made 5 visits and 1
repeat visit).
Specifically, NPM visited:
•
4 THFs (of Chernihiv, Chop, Sumy and
Mostyska border control units) and
•
4 SPs (of the border control units of
Chernihiv, Odessa (repeat visit), Sumy
and Luhansk).
In May 2013 NPM carried out a repeat visit
to Odessa International Airport which in
2012, on demand of the Ombudsman,
had closed its special premises for border
legislation offenders, for the reason of
incompliance with the minimum standards
for treatment of detainees. According to
the monitoring group the new facility that
has operated since February 2013 fully
meets the generally accepted standards
as to the rights and freedoms of detainees.
Unlike the old facility, the new one has
enough natural and artificial lighting and a
proper ventilation system. Interviews with
the staff also revealed border guards’ better
awareness of prevention of torture and illtreatment and of the activities of the NPM
of Ukraine.
Administrations of the visited facilities
usually provided unimpeded access to the
members of monitoring teams, although
in some instances, e.g. during the visits to
Chop, Mostyska and Sumy border units, the
team had to wait for permission for 20 to 30
minutes.
The commanding officers and staff of
the detention facilities did not impose
and obstacles and did not interfere with
private interviews with detainees, and the
members of the monitoring group could
communicate with them in accordance
with Art. 20 (d) and (e) of OPCAT and p. 3
of Art. 19-1 of the Law of Ukraine “On the
Ukrainian Parliamentary Commissioner for
Human Rights”.
Obtained data during interviews with
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