SECTION 2.
rules of an inter-agency order and denied
free access of the NPM monitoring group
to the premises for criminal defendants
(convicts) and courtrooms. As a result
members of the monitoring team were
able to get to these settings only a hour
and a half later, due to direct intervention
of the Ombudsman.
After the Ombudsman’s submission to the
Minister of Justice of Ukraine provisions
of the relevant Joint Order of the Ministry
of Internal Affairs and SCAU were brought
into conformity with the Law of Ukraine “On
the Ukrainian Parliament Commissioner or
Human Rights” with regard to free access
of the Ombudsman and representatives of
the Ombudsman to court premises.
Typical violations of human rights and
freedoms found in 2013
Manifestations of cruel, inhuman or
degrading treatment were found in all
visited courts, without any exception.
In this conjunction the issue of respect
of the rights and freedoms of criminal
defendants in courts became the topic of
the Ombudsman’s separate presentation at
the parliament hearings on June 12, 2013.
The main problem is that premises for
criminal defendants and convicts in courts
fully fail to comply with the minimum
standards of detention developed by CPT
experts and embedded in the European
Prison Rules, specifically,
-
-
actual floor area in premises where
defendants/ convicts await court
hearings is only 0.7 - 1.5 sq. m per
person, with not more than 2 to 4
cubic meters of air person (instead of
the prescribed 7 to 9 cubic meters);
in
most
courtrooms
criminal
defendants stay in metal cages and
not behind organic glass barriers,
in violation of the Code of Criminal
117
Procedure of Ukraine;
-
many courts do not have toilets
and drinking water sources for the
defendants.
Other typical problems include the
following:
-
most courts do not have germicidal
lamps to disinfect courtrooms and the
premises for defendants/ convicts and
their convoy;
-
many courts fail to provide the
conditions for people with disabilities
(e.g. absence of ramps, railings, etc.);
-
courts have no conditions for
confidential
communication
of
criminal defendants/ convicts with
their lawyers.
Moreover, it has been found that the
domestic building and construction rules
related to the premises for defendants/
convicts in the courthouses do not
meet minimal international standards of
detention. For example, concerning rules
the cell area is to be not less than 4 sq.
m but there is no mention of how many
persons may be held thereat.
Implementation of the Ombudsman’s
recommendations given to SCAU in 2013
In each instance of establishment of a
fact of ill-treatment relevant information
and recommendations as to elimination
of human rights violations were
communicated to the leaderships of SCAU,
MIA, SPSU and PGO, in accordance with
their competence.
Analysis of the responses on the status of
implementation of such recommendations
indicates that most of the eliminated
shortcomings were those that did not
require substantial financial and material
costs.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents