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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
principles and rules of treatment of the
military personnel in places of detention or
punishment do not provide full protection
from cruel, inhuman or degrading
treatment or punishment.
Results of visits conducted to MoD
detention facilities (RTDPs located in
Chernihiv and Mykolayiv Regions and
the guardhouse in Kyiv) have revealed
following problems that, in NPM opinion,
require elimination in priority order:
•
•
•
•
•
absence of a standard list of rights for
informing detainees or convicts about
their rights, including the right to lodge
complaints, and failure to provide
them with other useful information;
right of the detained to notify a relative
or any other third party of own choice
immediately after detention or during
detention, at any convenient time, is
not respected in practice;
official medical opinion to the detainee
and his counsel);
•
detainees held in cells do not always
have an immediate opportunity to
call a representative of the institution
in the event of threat to health or life
(directly or by means of a call button
in the cell);
•
existing regulations do not specify the
disciplinary offences of the detained
(convicted) military or relevant
punishments.
Monitoring of the disciplinary battalion
and PSAFU guardhouse showed the need
of special attention to the following issues
with medical support:
•
lack of anti-TB arrangements as
prescribed by the national legislation;
•
absence of out-patient supervision of
detainees;
•
lack of anti-HIV/ AIDS measures;
•
lack of prevention measures with
regard to protection of women’s health
(no systematic diagnostics of cancer);
•
existing regulations do not specify
that the first and any subsequent
interrogation of the detained military
is to be conducted only in the presence
of defender (counsel);
equipment, tools, utensils and other
paraphernalia in the office of the
doctor-on-duty are insufficient and
fail to meet the requirements of the
existing regulations;
•
detained and convicted military
are not informed that in case of
disagreement with the results of the
medical examination conducted by
the medical staff of the institution they
have the option to choose a different
doctor for another confidential
medical examination, including such
examination after or during solitary
confinement (with presentation of the
level of professional training of
part-time
doctors-on-duty
does
not guarantee proper quality and
effectiveness of medical assistance
to the military held in the disciplinary
battalion and PSAFU guardhouse.
Results of monitoring of the MoD
institutions during 2013 also showed need
to improve certain aspects of the material
conditions of detention, primarily the
following:
existing
regulations
do
not
guarantee unrestricted confidential
communication with legal counsel
of own choice immediately after
detention and during detention, at any
convenient time;
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