SECTION 2. of Ukraine on May 11, 2012 under No. 748/ 21061, specified relevant rules with regard to foreigners and stateless persons held at the said facilities, but in the absence of similar rules for citizens of Ukraine held at SBSU facilities, and may thus be viewed as contrary to the principle of non-discrimination laid out in the Law of Ukraine “On the Principles of Prevention and Combating of Discrimination in Ukraine” of September 6, 2012, No. 5207 -VI; • another remaining unresolved legal issue relates to the duty of public authorities to ensure proper treatment and conditions in the international airports for persons who were denied entry into the territory of Ukraine, whose freedom of movement in the transit area of such airports is limited. This issue deserves special attention because long stay of a person who was denied entry to a country in the transit area of an international airport was found by ECtHR to amount to deprivation of liberty in the understanding of Art. 5.1 of UNCAT and to cruel, inhuman or degrading treatment or punishment (the judgment of the European Court of Human Rights in Amuur v. France, No. 17/1995/523/609, Strasbourg, June 25, 1996). Consequently, it is important for the state to provide for proper conditions for such persons in the transit areas of Ukrainian international airports. According to official information provided by the leadership of the State Border Service of Ukraine at least three international airports (Donetsk, Kharkiv and Simferopol) have premises or rooms in their transit areas for accommodation of persons not allowed into Ukraine, where they stay until departure. However, there are no 105 legal grounds for custodial holding of such persons in these areas and for restriction of their fundamental rights. During the visit to Donetsk international airport NPM staff found that the border guards placed and held individuals who were not allowed into the territory of Ukraine in separate premises with limited access. Such detainees were provided with no food at all, despite lengthy duration of their custody (sometimes up to several days). After the Ombudsman’s Office sent relevant notifications to the heads of the SBSU authorities in charge of border control at the three said airports the agency approved its rules on accommodation of foreigners who were denied entry to Ukraine at specially designated airport premises. These rules enshrine the principles of voluntary accommodation in such premises and free movement within a restricted area of ​​the border crossing point. Rules also specify the responsibility of the air carrier to provide, at own expense, such individuals with drinking water, three daily meals, bedding, towels, personal hygiene items and necessary appliances. However, such rules were not agreed with the representatives of international airlines at airports and they are unlikely to follow them. Moreover, these rules require mandatory registration with the Ministry of Justice of Ukraine. Therefore, risk of ill-treatment of persons not allowed into Ukraine remains high. Monitoring visits results have also shown that the most frequent problems over the reporting year were, as before that, caused by the absence of: • any clear procedure for exhaustive notification of the detained person, in

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