34
MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
The girls told their interviewers that prior
to placement into the center they had not
undergone any medical examination. At
night they were kept in solitary rooms under
the supervision of a male police officer. For
lack of toilets and drinking water in the
rooms they had to make relevant requests
to the officer on duty. Medical examination
during preparation of materials for transfer
to a social rehabilitation school revealed
pediculosis, but girls did not receive any
remedy or treatment.
Due to intervention of the monitoring
group girls were moved to a clean and airy
sleeping room, given needed assistance at
a health care institution and provided with
a female custodial officer.
During the visit to the temporary holding
facility of the City of Vinnitsa Police Unit
(MIA Department in Vinnitsa Region) and
interviews with its detainees citizen T.,
apprehended under Art. 208 of the CCP
of Ukraine, said that on October 4, 2013
at 00.20 AM he had been arrested by the
police on suspicion of having committed a
criminal offense specified in part 4 of Art.
296 of the Criminal Code of Ukraine and
brought to the 1st division of Vinnitsa city
police, where for six hours he was held
handcuffed to a bench in the ground floor
hallway and thus had no chance to move or
satisfy his natural needs.
N.’s detention was procedurally registered
only at 7.40 AM on October 4, 2013, which
violated Articles 207 - 210 of the CCP, Art.
27 of the Law of Ukraine “On Free Legal
Aid” and the Provisions on notification
of centers of secondary free legal aid
(approved by the Cabinet of Ministers of
Ukraine on December 28, 2011, under No.
1363) with regard to the right to defense.
In accordance with the requirements of
Articles 13, 17, 19-1 and 22 of the Law of
Ukraine “On the Ukrainian Parliament
Commissioner for Human Rights” the
Representative of the Ombudsman sent
an official notice to the Prosecutor’s
Office of Vinnitsa Region and sought its
comprehensive and unbiased examination
of these facts, legal assessment of the
actions of the police and appropriate
response in the manner and mode
envisaged in the legislation of Ukraine.
Relevant verification and entry of
data into the Unified Register of pretrial investigations were assigned by
the regional Prosecutor’s Office to the
prosecutor of the City of Vinnitsa. After
one month of expectation of the reply the
Ombudsman’s Representative on June 4,
2013 sent a reminder to the prosecutor’s
office of Vinnitsa Region as to the necessity
to inform the Ombudsman on the results
of the review and to provide copies of all
relevant materials.
On June 10, 2013 the Secretariat of the
Ombudsman received a response, with
copies of the relevant materials, with
a statement that illegal detention of
citizen T. at the 1st division of City of
Vinnitsa Police Unit (Vinnitsa Region MIA
Department) and violence against him
were not corroborated.
In the opinion of the Commissioner for
Human Rights, the content of Vinnitsa
prosecutor’s reply is in contravention of the
circumstances as specified in the materials
of the review with regard to holding of
citizen T. in an unsuitable area and with the
use of handcuffs in excess of the allowed
time (not more than 2 hours).
At the same time information from the
Ombudsman on the committed criminal
offense was not entered into the Register of
pre-trial investigations, which constitutes a
violation of Art. 214 of the CCP of Ukraine,
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