SECTION 1.
Implemenation of the NMP in ukraine
11
matters within the mobile groups’ competence, in compliance of the requirements of the legislation of Ukraine with regard to protection of state secrets;
–
to hold meetings and interviews with the personnel of Internal Affairs bodies and
units with regard to their social safeguards, work conditions and issues with police compliance with the constitutionally protected human and civic rights and
freedoms;
–
to receive complaints from persons detained, apprehended and taken into
custody, for further forwarding in accordance with the established procedure. In
case of a complaint against unlawful actions of the personnel of remand prisons
or other personnel of an Internal Affairs body the members of the mobile group
relevantly notify the management of the city, district or line police body, for its
further response.”
Analysis of the mobile groups’ operation allows viewing them as a prototype of the NPM in Ukraine. The sphere
and mechanisms of their activity largely conformed with the OPCAT requirements. The efficiency of their work was
internationally recognized. Specifically, when commenting on Ukraine’s
UNHRC report in May 2008 the representatives of 23 nations assessed the
establishment and activities of mobile
groups as a major accomplishment.
CoE Commissioner for Human Rights T.
Hammarberg also highly appraised this
joint initiative of the Ukrainian police
and civil society.
Yet in spite of their efficiency the mobile groups failed to meet all key OPCAT criteria of NPM independence, since they:
–
operated under the Ministry of Internal Affairs order and not a law, and
–
did not enjoy full organizational and financial independence from territorial police departments obligated to ensure mobile groups’ activity.
As a result of these constraints the efficiency of mobile groups’ operation fully
depended on the “good will” of the MIA
leadership and territorial police chiefs.
After the 2010 appointment of the new
Minister of Internal Affairs whose position as to cooperation with the civil
society considerably differed from that
of his predecessor the operation of mobile groups and Civil Councils became
fully blocked.
However, the efficient performance of
mobile groups from 2006 through 2010
enabled accumulation of vast experience in visiting MIA custodial settings
– the experience that was later used
to monitor other closed institutions.
For example, as of 2010 KhISR experts
began visiting custodial settings under
the jurisdiction of the Ministry of Family, Youth and Sports, and as of 2011
– those under the Ministry of Social
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents