SECTION 2.
The results of NMP operation in Ukraine
the Provisions on State Registration of the
Regulations of Ministries and Other Bodies
of State Power”, did not undergo state registration or expertise with regard to compliance with the Constitution and laws of
Ukraine, European Convention for the protection of human rights and fundamental
freedoms of 1950 and Protocols thereto
ratified by the Verkhovna Rada of Ukraine,
the acquis communautaire or the case law
of the European Court of Human Rights.
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The absence of legislative ban on conducting interrogations and other investigative actions and interviews of
citizens by police officers anywhere out
of the premises furnished with videosurveillance systems with archiving of
recordings makes it impossible to confirm or disprove the allegations in the
complaints regarding torture and other
cruel treatment in the offices and other
service premises of the police.
2. The visits conducted by NPM Department staff over the reporting period
revealed inappropriate processing of appeals, including such with regard
to ill-treatment occurrences, entered into the Registers of complaints and
suggestions as provided in 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, approved by MIA Order No. 181 of April 28, 2009. This
shortcoming is a result of the lack of regulations on consideration of such
appeals. In this conjunction it appears feasible to upgrade the Provisions
on the procedures regarding citizens’ petitions and the arrangements for individual reception of citizens in the system of the Ministry of Internal Affairs,
approved by MIA Order No. 1177 of October 10, 2004.
3. The above mentioned 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 provides for a single mode of accounting of all categories
of persons who appear at MIA premises – they all are entered into the
Register of apprehended, visiting and officially invited persons. The data
entered into such registers does not allow to specify to which of the three
categories a certain person belonged. Such vagueness entails systemic
violations of the time limits for holding apprehended persons at police
premises and of the right to legal aid, as well as ill-treatment. For these
reasons the Register of apprehended, visiting and officially invited persons needs improvements and, specifically, indication of the status of every person staying at a police station.
4. Under the Procedures of interaction between health care institutions, Internal Affairs bodies, remand prisons and correctional centers with regard
to effective continuity of substitution maintenance (methadone) therapy
(approved by Joint Order of the Ministry of Health Care, Ministry of Internal Affairs, Ministry of Justice and State Drug Control Service of October 22, 2012, No. 821/937/1549/5/156) whenever an administratively
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