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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
Parliament Members who had already
come to the district police, including A.
Shevchenko. On the same day all detainees
were released.
On November 30, 2013, upon analysis
and consolidation of all collected data,
the Ombudsman decided to commence
proceedings with regard to violations of
human rights and freedoms during the
night happenings in Kyiv. The purpose of
the proceedings was to initiate proper
investigation by the Prosecutor General’s
Office of Ukraine of the lawfulness of
the actions of the police, their use of
special equipment and of protesters’
apprehension and detention at the
police station, to ensure transparency
and efficiency of such investigation
and to ensure proper information of
the public about liability of those who
violated the law.
Unfortunately, further sad developments
followed and the next day, on December
1, 2013, there was another confrontation
between protesters and the police in
Bankova Street near the Presidential
Administration. After several hours of
confrontation the police dispersed the
protesters, with gross violations of human
rights and freedoms on the part of law
enforcement units.
In particular, the mass media made public
some videos that recorded how the officers
of “Berkut” riot police unit tortured the
people who were already On the ground
and offered no resistance or the already
cuffed detainees.
In order to ensure immediate response
to these events on December 2, 2013 the
Ombudsman, in the framework of the
already commenced proceedings, made
a submission to the Prosecutor General
of Ukraine with a request to conduct an
objective and impartial investigation of
illegal and excessive use of physical force
and special means by “Berkut” riot police
officers during the events of November
30 and December 1,2013 and of the
consequent multiple facts of infliction of
bodily injuries to the participants of the
peaceful assembly and journalists.
In response to the submission the
Prosecutor General’s Office notified about
its initiation of criminal proceedings on
the grounds of a criminal offense under
part 2 of Art. 365 of the Criminal Code of
Ukraine. However, it must be noted that
this response came as late as December 25,
2013, in violation of the requirements of
the law as to the time within which to reply
to the Ombudsman. Moreover, the reply
letter did not refer to any specific measures
taken by the Prosecutor General.
On December 3, 2013 in order to
check on the respect of the rights of
the persons detained on December 1
near the Presidential Administration
the Ombudsman personally visited the
temporary holding facility of the Ministry
of Internal Affairs in the City of Kyiv and
Shevchenkivsky District Court of Kyiv. There
she met and spoke with all ten incarcerated
detainees who complained about beatings
by “Berkut” riot police officers and lengthy
failure to provide medical assistance.
One of the detainees asked to inform his
family about his detention, another asked
to contact his wife and to get from her new
eyeglasses, as his glasses had been broken
during the arrest. The Secretariat staff
immediately conveyed such information to
the relatives of the detained.
At a special session of the Verkhovna
Rada of Ukraine on human rights and
international relations in the context of
the events of November 30 - December
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