114 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: PSAFU guardhouse in Kyiv • absence of toilets in the cells; • detained and convicted military are not allowed to use mobile phones and e-books. Monitors were much concerned by visit to Clinic of Psychiatry at the Main Military Clinical Hospital of the Armed Forces of Ukraine, located in Kyiv. During the visit it was found that treatment of patients practically amounted to cruel, inhuman or degrading treatment. Specifically, 1. Privately interviewed patients allege that staff of the clinic, especially orderlies, sometimes resort to unlawful psychological pressure and threats to apply restraints, such as sedatives or straitjackets; 2. Patients are not allowed any outdoor exercise and are confined to the premises of the clinic throughout their examination or treatment (on the average - up to 21 days); 3. There is no free access to the toilet room (which is opened by the duty staff as per a schedule for 15 minutes every hour); 4. The constitutional rights and freedoms of conscripts under examination for future contractual service are violated. In particular, this category of military personnel is wrongly subjected to the same very stringent restrictions that apply to the patients of the clinic. For 21 days (the standard term of examination) they are not allowed to go out into the fresh air, to exercise, to freely call their parents or others, and are restricted in terms of visits, access to books, television and radio. 5. Psychiatric examination and care are carried out without personal consent of the military, conscripts or employees of AFU. The Instructions on compulsory preliminary and periodic psychiatric examinations at hospitals of the Ministry of Defense and in the Armed Forces of Ukraine (approved by MoD Order of February 14, 2006, No. 81) were found to contravene the Law of Ukraine “On Psychiatric Assistance”. According to the Instructions each commanding officer has the right to refer a military to an extraordinary psychiatric examination at an appropriate mental health facility without his personal consent or a court decision. This violates the fundamental principle of voluntary psychiatric treatment and creates grounds for abuse. Thus, in the course of

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