SECTION 1.
In order to increase the efficiency
of government response to the
recommendations of the Commissioner,
on November 4, 2013 it was decided to
establish a permanent interagency working
group composed of representatives of
the sectoral ministries and agencies (at
the level of deputy heads), Presidential
Administration and Prosecutor General’s
Office. Moreover, it was decided to also
involve a group of experts from the civil
society. The working group will have the
following main tasks:
•
•
•
•
•
1.
2.
3.
4.
5.
to develop proposals aimed at
improvement of the legislation
safeguarding human rights and
freedoms of individuals in custodial
settings (joint elaboration of draft
regulations related to human rights
and freedoms, analysis of the current
legal framework for compliance with
the existing national and international
standards);
to develop the national standards of
proper treatment of individuals in
custodial settings (criminal suspects,
administrative detainees, persons
with mental disorders, children
institutionalized in residences, etc.);
to conduct joint monitoring of the
status of respect of the rights and
freedoms of individuals in custodial
settings (joint inspection visits,
including such based on the facts
of outrageous violations of human
rights);
to conduct advanced trainings for
custodial settings personnel in the
sphere of human rights and freedoms;
to exchange best practices in
protection of human rights and
freedoms against ill-treatment.
State Migration Service of Ukraine
State Border Service of Ukraine
State Penitentiary Service of Ukraine
State Court Administration of Ukraine
Ministry of Internal Affairs of Ukraine
23
On the basis of the results of NPM
implementation in the course of 2013
the Human Rights Commissioner sent
26 submissions for immediate action to
eliminate gross violations of human rights
and freedoms as well as systemic violations
systemic disorders in the performance of
custodial settings:
7 such letters were communicated to the
Prime Minister of Ukraine;
6 – to Prosecutor General;
4 – to Minister of Justice;
4 – to Minister of Internal Affairs;
3 – to Minister of Social Policies;
1 – to Minister of Education and Science,
and
1 – to the Head of Vinnytsya Regional State
Administration.
In the second and third sections of the
Report each of these submissions by
the Human Rights Commissioner will be
considered in more detail, as well as the
response of the appropriate executive
authority. Some submissions addressed
issues that required coordinated actions of
several central executive authorities: these
submissions were directly communicated
to the Prime Minister of Ukraine for his
appropriate instructions to the involved
central bodies of executive power.
For example, the results of custodial
settings monitoring in the first half of last
year revealed a systemic problem related
to gross violations of human rights and
freedoms of arrested persons during their
participation in court hearings. In fact it was
found that the whole process of delivering
arrested criminal defendants from remand
6.
7.
8.
9.
Ministry of Social Policies of Ukraine
Ministry of Health Care of Ukraine
Ministry of Education and Science of Ukraine
Ministry of Defense of Ukraine
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