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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
detained person provides information on own health condition with regard to administration of SMT or when such information is obtained from
such individual’s case file the relevant entry is made in the Register of apprehended, visiting and officially invited persons, as required by Instruction on the arrangements for operation of the duty units of the authorities
and bodies of the Ministry of Internal Affairs of Ukraine for protection of the
interests of the society and the state from unlawful interferences. However,
the format of this Register does not provide for such entry, which leads
to unlawful obtainment of testimonies from drug-dependent persons in
abstinence. Therefore, the Register of apprehended, visiting and officially
invited persons requires improvements that will make entry of the described information possible.
5. Ukraine has a total of 72 reception and distribution centers for persons
subjected to administrative arrest. These facilities operate on the grounds
of Provisions on special reception centers with Internal Affairs authorities for
holding of persons under administrative arrest, approved by MIA Order No.
552 of September 18, 1992. The holding conditions as envisaged in these
Provisions fail to meet both the domestic and international standards.
Moreover, in contravention of Resolution of the Cabinet of Ministers of
Ukraine No. 731, of December 28, 1992, “On Approval of the Provisions
on State Registration of the Regulations of Ministries and Other Bodies
of State Power”, the Provisions and the Order did not undergo state registration or expertise with regard to compliance with the Constitution
and laws of Ukraine, other legislative acts, the European Convention for
the protection of human rights and fundamental freedoms and Protocols thereto, international instruments ratified by the Verkhovna Rada of
Ukraine, the acquis communautaire or the case law of the European Court
of Human Rights. Therefore, the regulatory grounds of the operation of
reception and distribution centers for persons subjected to administrative arrest are to be harmonized with the effective domestic legislation
and international rules applicable according to the decisions of the Verkhovna Rada of Ukraine.
Recommendations communicated to the management
of the Ministry of Internal Affairs of Ukraine on the basis of
the monitoring results
⇒ In accordance with the requirements of the Law of Ukraine “On the Fundamentals of Social Protection of the Disabled in Ukraine” to construct
ramps at the entrances to the MIA authorities and units, compliant with
the State Standards of Construction (SCN.2.2-17:2006) “Buildings and enclosures. Accessibility of buildings and enclosures to the population of
limited mobility”;
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