SECTION 2.
of Ukraine on May 11, 2012 under No.
748/ 21061, specified relevant rules
with regard to foreigners and stateless
persons held at the said facilities, but in
the absence of similar rules for citizens
of Ukraine held at SBSU facilities, and
may thus be viewed as contrary to
the principle of non-discrimination
laid out in the Law of Ukraine “On
the Principles of Prevention and
Combating of Discrimination in
Ukraine” of September 6, 2012, No.
5207 -VI;
•
another remaining unresolved legal
issue relates to the duty of public
authorities to ensure proper treatment
and conditions in the international
airports for persons who were denied
entry into the territory of Ukraine,
whose freedom of movement in the
transit area of such airports is limited.
This issue deserves special attention
because long stay of a person who was
denied entry to a country in the transit
area of an international airport was found
by ECtHR to amount to deprivation of
liberty in the understanding of Art. 5.1 of
UNCAT and to cruel, inhuman or degrading
treatment or punishment (the judgment
of the European Court of Human Rights
in Amuur v. France, No. 17/1995/523/609,
Strasbourg, June 25, 1996). Consequently,
it is important for the state to provide for
proper conditions for such persons in the
transit areas of Ukrainian international
airports.
According to official information provided
by the leadership of the State Border Service
of Ukraine at least three international
airports (Donetsk, Kharkiv and Simferopol)
have premises or rooms in their transit
areas for accommodation of persons not
allowed into Ukraine, where they stay
until departure. However, there are no
105
legal grounds for custodial holding of such
persons in these areas and for restriction of
their fundamental rights.
During the visit to Donetsk international
airport NPM staff found that the border
guards placed and held individuals who
were not allowed into the territory of
Ukraine in separate premises with limited
access. Such detainees were provided with
no food at all, despite lengthy duration
of their custody (sometimes up to several
days).
After the Ombudsman’s Office sent relevant
notifications to the heads of the SBSU
authorities in charge of border control at the
three said airports the agency approved its
rules on accommodation of foreigners who
were denied entry to Ukraine at specially
designated airport premises.
These rules enshrine the principles of
voluntary accommodation in such premises
and free movement within a restricted area
of the border crossing point.
Rules also specify the responsibility of
the air carrier to provide, at own expense,
such individuals with drinking water, three
daily meals, bedding, towels, personal
hygiene items and necessary appliances.
However, such rules were not agreed
with the representatives of international
airlines at airports and they are unlikely to
follow them. Moreover, these rules require
mandatory registration with the Ministry of
Justice of Ukraine.
Therefore, risk of ill-treatment of persons
not allowed into Ukraine remains high.
Monitoring visits results have also shown
that the most frequent problems over the
reporting year were, as before that, caused
by the absence of:
•
any clear procedure for exhaustive
notification of the detained person, in
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