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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
the notification of which occurred 6 hours
and 15 minutes after the moment of actual
detention. Moreover, the minors’ parents
and the care and guardianship authorities
were not informed about detention of
these children, in violation of Art. 213 of the
CCP of Ukraine.
On the basis of the results of monitoring of
the operation of MIA authorities and units
during January 2014 the Ombudsman sent
a submission to the Minister of Internal
Affairs of Ukraine drawing his attention to
systemic violations of human rights and
freedoms by law enforcement officials.
over 11 hours, and detainees H., S. and
M. – for more than 6 hours);
•
disproportional use of force by the police
during arrests and use of force against
already arrested persons who do not
resist the police;
•
failure to give timely medical assistance
to detainees with signs of injuries (on
January 24 during the visit to Kyiv
Emergency Hospital it was found that
K. had been arrested at 1.00 AM on
January 20 near “Arsenalna” metro
station and taken to the hospital only
at 14.20 PM of the same day, diagnosed
with “brain concussion, multiple
contusions and closed fracture of
nasal bones”; S., arrested at 4.00 AM on
January 23, had been brought to the
hospital at 10.45 with the diagnosis of
“concussion, head contusion, bruises
of soft tissues of the head, body and
both upper limbs, fracture of the
second carpal bone”.
The Ombudsman also addressed a letter to
the Prosecutor General of Ukraine where
she outlined the systematic violations
of human rights and freedoms in the
operation of MIA bodies and requested
Prosecutors Office personal control over
the course of investigation into each fact of
such violations.
The systematic violations of human rights
revealed during this period may, in the
view of the Ombudsman and in accordance
with the case law of the European Court of
Human Rights, be regarded as amounting
to:
2. Violation of the detainees’ right to
defense:
•
failure to notify centers providing free
secondary legal aid (monitoring of
Desnyansky District Department of
the MIA Main Department in Kyiv on
January 20, 2014 revealed, at 11.45, the
fact of failure to notify the FLA center
about detention of citizens D., M. , C.
and K, who had been held in detention
since 6.30 AM);
•
improper notification of centers
providing free secondary legal aid
(on January 23, 2014 during the
monitoring visit to Svyatoshynsky
District Department of MIA Main
Department in Kyiv it was established
that the FLA center was notified about
the fact of detention of citizen K. 9
hours and 5 minutes after his delivery
1. Torture or inhuman or degrading
treatment:
•
extra long holding (for several hours)
of individuals in vehicles specially
equipped for transportation of prisoners
at below-zero outside temperature,
without water and with no possibility
to satisfy the natural needs (on January
23, 2014 in the course of monitoring
visit to Obolonsky District MIA Main
Department of the City of Kyiv it was
found that as of the moment of arrest
and until delivery to the pre-trial
investigation authority detainees A.
and P. were held in a special vehicle for
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