MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
10
nal Affairs’ Order # 536 (of July 8, 2008) “On
permanent mobile groups for monitoring
of the respect of human and civic rights in
the operation of authorities of Internal Affairs and on approval of the Provisions on
such groups” and Order # 894 (of August
31, 2006) “On the arrangements for operation of permanent mobile groups for
monitoring of the respect of human and
civic rights and freedoms in the operation
of authorities of Internal Affairs”.
The mobile groups possessed certain
functional independence from the management of territorial police bodies and
units, as each group included at least two
representatives of human rights advocacy
groups and all matters of mobile groups’
activity were resolved at meetings of public councils with regional police authorities. After each visit of custodial settings
the mobile group made a report according to a standard form and communicated
its copies to the regional police department, Ministry of Internal Affairs (MIA),
Kharkiv Institute of Social Researches and,
as of 2008, also to the Ministry of Internal
Affairs’ Department for monitoring of human rights respect in the operation of
Internal Affairs authorities, which was coordinating the work of mobile groups and
public councils.
According to the Provisions on the mobile groups (approved by MIA Order # 894, of
August 31, 2006) the mobile group members had the following rights:
–
“to enter, at any time of day or night, without prior notification and in accordance with the regulations of the Ministry of Internal Affairs of Ukraine, and to inspect the territory and premises of the Internal Affairs bodies and units, as well as
to have immediate access to holding areas for persons detained, apprehended,
taken into custody, administratively detained or serving the administrative punishment of arrest;
–
in accordance with the requirements of the effective legislation of Ukraine, to
have confidential interviews with the detained, apprehended and administratively arrested persons, in order to reveal violations of the rules with regard to
treatment, procedural terms, grounds for detention, apprehension and custody,
providing of information about the rights of persons detained, apprehended or
taken into custody and on other rights stipulated by the legislation of Ukraine;
–
to familiarize with the materials in the Register of statements and notifications
about committed or contemplated crimes, Register of information on crimes and
other developments that has come in by telephone or other means of communication, Register of materials serving as grounds for refusal to initiate criminal
proceedings, Register of information containing no clear obvious signs of crime,
Register of materials on administrative offenses and the Register of persons
brought to the city, district or line police body;
–
in accordance with the established procedure, to request and receive from Internal Affairs authorities the information and other materials and documents on