MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
24
After assignment of the NPM functions
to the Ombudsman there appeared a
list of places of deprivation of liberty
to be visited as custodial settings in the
understanding of OPCAT. Importantly,
this list is not exhaustive, which is per-
fectly understandable in the context of
the on-going process of restructuring
of specific institutions, establishment
of new institutions and liquidation of
some facilities.
Thus, in accordance with Article 13.8 of the Law of Ukraine “On the Ombudsman
of Ukraine”, without prior notification about the time and purpose of such visits
and without any limitation of the number of visits:
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places where individuals are forcibly held by virtue of a decision of a court
or an administrative authority in accordance with the law, including temporary holding facilities, rooms for detained and apprehended persons
with duty units of Internal Affairs (police) authorities, temporary accommodation centers for foreign nationals and stateless persons illegally
staying in Ukraine, holding rooms for the temporarily detained military,
remand prisons, arrest houses, penitentiary institutions, reception and
distribution centers for children, general and vocational social rehabilitation schools, children’s medical and social rehabilitation centers, special
educational institutions, military units, military guardhouses, disciplinary
battalions, special holding centers for persons under administrative arrest, city, district and line departments, divisions, units and stations of the
police, specialized vehicles (including such with convoy), holding areas
(rooms) for defendants (convicts) at courts, institutions of compulsory
treatment;
psychiatric institutions;
temporary accommodation facilities for refugees;
transit passengers’ areas at border check-points;
nursing homes, childcare residences, asylums and children’s homes,
boarding schools of general education for orphans and children deprived
of parental care, centers of social rehabilitation for disabled children, children’s centers of social and psychological rehabilitation;
neuropsychiatric boarding homes;
geriatric homes and boarding facilities for the elderly;
boarding facilities for war and labor veterans;
social rehabilitation centers.
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