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CONCLUSIONS
1. Ukraine has launched operation of the national preventive mechanism (NPM) in the format “Ombudsman +”, which envisages visits
of custodial settings by representatives of the Ombudsman’s Office
jointly with the civil society. The key elements of the “Ombudsman
+” are the Ombudsman, the Department for matters of NPM implementation (NPM Department) of the Ombudsman’s Secretariat, the
Expert Council for matters of NPM implementation and civic observers (monitors). The Expert Council is to serve as a bridge between
the Ombudsman and the civil society, to define the mechanisms of
public involvement in monitoring visits, to develop and approve the
monitoring methodology and to participate in the analysis and consolidation of the reports on the monitoring results. The Provisions on
the Expert Council were drafted, and the composition of the Council
is approved. The first meeting of the Expert Council is scheduled for
the first half of January 2013.
2. In 2012 monitoring visits to custodial settings were mostly
conducted by NPM Department staff. Civic representatives began
participating in monitoring visits only as of November 2012, when
the relevant amendments to the Law of Ukraine “On Ukrainian
Parliament Commissioner for Human Rights” came into effect. A
standard mechanism of involvement of the representatives of the
public in monitoring visits is expected to appear at the end of the first
quarter of 2013, as a result of joint elaborative effort with the Expert
Council and with consequent approval of all necessary documents
(Provisions on monitors, Code of ethics for monitors, etc.).
3. The effort of development of the monitoring methodology is nearly
over. There are standard reporting forms for each of 42 kinds of
custodial settings, to be filled out during monitoring visits and
further serve as the basis for recommendations and proposals to
the leaderships of relevant public authorities. The regulations on
operation of relevant institutions have also been analyzed and
consolidated.
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