SECTION 2.
1, 2013 the Ombudsman provided the
Parliament Members and mass media with
initial information on the outcomes of the
relevant proceedings. She also stressed
the necessity of strict respect of the right
to legal assistance, since the visit of the
detainees of December 1 showed that legal
assistance was provided not to everyone
and not in full scale. The Ombudsman also
announced the need in special medical
treatment of detainees (particularly of eye
disorders) and in special medication.
On December 3, 2013 the Ombudsman
sent an official letter to the Minister of
Internal Affairs V. Zakharchenko and drew
his attention to the necessity of compliance
with the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials
as adopted at the Eighth United Nations
Congress, specifically:
“4. Law enforcement officials, in carrying
out their duty, shall, as far as possible,
apply non-violent means before resorting
to the use of force and firearms. They may
use force and firearms only if other means
remain ineffective or without any promise
of achieving the intended result.
5. Whenever the lawful use of force and
firearms is unavoidable, law enforcement
officials shall:
(a) Exercise restraint in such use and act
in proportion to the seriousness of the
offence and the legitimate objective to be
achieved;
(b) Minimize damage and injury, and
respect and preserve human life;
37
On the night of December 11, 2013 the law
enforcement tried to force the participants
of peaceful actions out of the territory
of the Maidan (Independence Square).
In order to ensure prompt response to
possible violations of human rights and
freedoms the Ombudsman and a group
of NPM Department staff arrived at the
Maidan around 5.00 AM.
On the grounds of available information
about apprehensions of protesters
NPM Department employees carried
out monitoring visits to a number of
district police stations and some medical
establishments of Kyiv, as well as the
temporary holding facility. It was found
that nine persons apprehended on
Independence Square had been brought
to Shevchenkivsky District police station.
At the time of arrival of NPM staff one
of the detainees was taken away by the
ambulance for immediate hospitalization
because of received injuries. The other
eight protesters were documented as
administrative offenders under Art. 173
of the Code of Administrative Offenses of
Ukraine and were held at the police station
for over three hours. On the demand of the
Ombudsman’s representatives the detained
were released under the obligation to
appear at Shevchenkivsky District Court for
an administrative hearing. It was also found
that four persons had applied for medical
assistance to the Romodanov Institute of
Neurosurgery but refused hospitalization
after receiving ambulatory help.
(c) Ensure that assistance and medical aid
are rendered to any injured or affected
persons at the earliest possible moment;
Another round of confrontation occurred
on January 19, 2014, with the start of
clashes between the protesters and police
in Hrushevskoho Street. As a result dozens
of people were injured on both sides.
(d) Ensure that relatives or close friends of
the injured or affected person are notified
at the earliest possible moment.”
On that very day the Ombudsman called
on both conflicting sides to immediately
cease any use of force.
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