SECTION 2.
The results of NMP operation in Ukraine
105
2.6. MONITORING OF INSTITUTIONS UNDER
THE SECURITY SERVICE OF UKRAINE:
RESULTS
The Security Service of Ukraine has only one facility for lengthy holding of individuals – the special temporary holding facility (ITT) of the SSU unit of pre-trial investigation support. In 2012 the staff of NPM Department visited this facility.
The principal shortcomings identified during the monitoring visit include the
following:
–
constructional design of exercise yards excludes proper exercise in summertime. Polycarbonate roofing in combination with absence of proper
ventilation and air conditioning prevents intake of fresh air and causes
excessive air heating. This is evidenced by entries on refusals to exercise
in the relevant register;
–
cells have no forced mechanical ventilation;
–
cells are not furnished with eating table, and the furniture is not attached
to the walls and floor, which creates risks for the facility staff and inmates
because of the possible use of furniture items for attack and infliction of
injury;
–
cell toilets are not equipped with flushes and inmates have to ask the staff
to flush the toilets by opening water taps located in the hallway.
Regulations on the operation of SSU temporary holding facility have the following deficiencies that entail violations of human rights and freedoms:
1. Absence of clear regulations on the legal status of the institution that at
the same time functions as a temporary holding facility and as a remand
prison. By the time of the visit some inmates have been held there for over
three years. According to Article 4.1 of the Law of Ukraine “On Preliminary
Detention” any persons under custodial restraint or under temporary or
extradition arrest are to be held at remand prisons of the State Criminal
Enforcement Service of Ukraine and guardhouses of the Military Police
of the Armed Forces of Ukraine. Such persons may be held in temporary
holding facilities only in specific instances determined by the required investigative actions.
2. There is no Technical Passport for allocation of area for the temporary
holding facility. According to the administration of the institution this
document is kept in the archive but it relates to SSU remand prison that
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