112 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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