MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
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Registers of medical assistance to persons held in the duty unit are maintained inappropriately, which makes it impossible to exercise control over
respect of the right to medical assistance and to establish the facts of infliction of bodily harm;
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Loggers of information on free legal aid centers are absent or maintained
inappropriately;
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Documentation of the patrol units that accounts for individuals apprehended and brought to police units does not meet the requirements of
the Field Manual of MIA Patrol Duty Units.
Regulatory deficiencies entailing human rights violations
1. Over the reporting period the Ombudsman received more than 90 complaints of torture and other cruel treatment in the offices and other service premises of MIA authorities. The Ministry of Internal Affairs has for a
long time sought to minimize such violations of human rights. Specifically,
– MIA Order No. 1561 of December 18, 2003 “On approval of Provisions on
rooms for investigative and other actions at Internal Affairs bodies and units”
prohibited to conduct investigative actions and other actions (as established
by the legislation of Ukraine (interviewing, meeting with a defender, etc.) and
required for full, comprehensive and objective examination of the facts of offences committed with participation of detained suspects) in any premises of
the police bodies and units apart from investigation rooms;
– MIA Order No. 404 of September 16, 2009 “On respect of human rights
in the operation of Internal Affairs authorities of Ukraine” obligated the
chiefs of MIA Main Departments and Departments to install video-surveillance systems at the entrances of city, district and line police units, in
the duty areas, hallways and investigation rooms, with archiving of the
records for at least one month;
– MIA Ordinance No. 329 of March 31, 2011 “On additional measures for
prevention of instances of torture and cruel treatment in the operation
of Internal Affairs bodies” obligated the chiefs of MIA Main Departments
and Departments to examine the progress of how city, district and line
police units install video-surveillance systems and archive the recordings
from interrogation rooms and other premises where interrogations, interviews and other investigative actions are conducted, and also contained
a provision on ensuring conduct of such actions only in such rooms.
All these regulations pertain to human the Cabinet of Ministers of Ukraine No. 731,
rights but, in controversy of Resolution of of December 28, 1992, “On Approval of
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