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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
officially recorded and signed by the
Chairman of the Commission. Such decisions have the status of recommendations and may be communicated for
consideration to the public authorities
and organizations represented in the
Commission. Organizational and technical support of the Commission’s operation is provided by Administration of the
President of Ukraine and by the State Executive Office.
However, analysis of the Regulation on the Commission with regard to its conformity with
OPCAT requirements shows that the Commission was not a self-sufficient NPM, mostly
for the following reasons:
1. The Commission was established by an edict and not by a law. A presidential edict is a regulatory act of high standing but OPCAT recommends to
institute NPMs by law as the highest statute. The particular issue is that
the Commission members’ powers to visit some custodial settings, like
preliminary detention facilities or penitentiaries, may clash with the respective laws that regulate the procedure of such visits and supersede
other regulations.
2. The Commission has a consultative and advisory status, and the meetings
are the main form of its operation. Thus, the Commission is not an independent authority primarily assigned to conduct regular visits of custodial settings.
3. The Commission has no own full-time staff: all members of the Commission, including its Chairman and executive secretary, perform without any
remuneration.
4. The Commission does not have a budget under a separate line item but is financed within the scope of funding of the Administration of the President
of Ukraine and the State Executive Office.
In 2012 the Commission held two
working meetings where, among
other matters, it discussed the possible models of custodial settings visiting. The Commission members were
also engaged into the working group
for expert assessment of the possible
models of NPM; this group also included experts from the Council of Europe,
Ministry of Justice and Administration
of the President of Ukraine.
On completion of its assignment the
working group came to the conclusion that the format known as “Ombudsman +” is the NPM model most
suitable to the Ukrainian realities. The
experts also suggested their proposals on the relevant amendments to
the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights” that were forwarded to
the Presidential Administration for
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