SECTION 2.
After the Ombudsman’s relation to the
Head of the High Judicial Qualification
Commission the Commission corroborated
the fact of violation of the effective
legislation; the judge was disciplined and
the relevant decision of the commission
was communicated to all local courts of
general justice.
Implementation of the Ombudsman’s
recommendations given to the State
Border Service of Ukraine in 2013
In order to eliminate revealed facts
and prerequisites of cruel, inhuman or
degrading treatment or punishment NPM
gave relevant recommendations to the
leadership of the State Border Service of
Ukraine.
Analysis of official information from this
agency on status of implementation shows
that almost half of the recommendations
were put into practice, and activities with
regard to implementation of the other
recommendations are either being carried
out or scheduled.
The matters of interaction between the
Office of the Ombudsman and the State
Border Service of Ukraine and of the status
of implementation of the recommendations
made in 2013 were twice considered at
joint meetings.
The Administration of the State Border
Service of Ukraine communicated the
reports of the Ombudsman’s Secretariat
on the results of each monitoring visit to
all border control authorities, which was
followed by similar circulation of ordinances
on activities required for elimination of
shortcomings.
The outcomes of the initial visits and
relevant recommendations of NPM
monitoring groups on the respect of
human rights and freedoms of detainees
107
became the subject matter of a separate
meeting of the SBSU Board in April 2013.
According to the Board’s decision and in
order to implement the recommendations,
to ensure proper treatment of detainees
and to bring the conditions of custody
into conformity with the legislation of
Ukraine and international standards
the border control agency carried out a
comprehensive inspection of all places
of temporary detention and of the units
involved in their guarding. On the basis
of the results of this effort the leadership
of SBSU organized improvement works
(repair, reconstruction) at the premises that
failed to meet the modern requirements (e.g.
installation of forced ventilation and rain
canopies, purchase of personal hygiene sets
for detainees, etc.).
In order to strengthen the protection of
detainees’ rights and freedoms in custodial
settings SBSU developed and began using
an algorithm of anonymous surveys and
installed readily accessible complaints
boxes in all TDFs and SPs.
Financial and in-kind assistance in the
framework of READMIT international
project enabled construction, within one
year, of 5 new SPs at crossing points on the
border with Hungary, Slovakia, Poland and
the Russian Federation.
In the regulatory sphere:
•
SBSU drafted its Regulation on
procedure of custody for persons
detained by the State Border Service
of Ukraine, which is presently under
coordination with other authorities,
including the Secretariat of the
Ombudsman of Ukraine;
•
Representatives of the State Border
Service of Ukraine take part in te
operation of the interagency working
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