SECTION 1.
Implemenation of the NMP in ukraine
further submission to the Verkhovna
Rada.
On August 9, 2012 President of Ukraine
Viktor Yanukovych submitted the draft
Law of Ukraine on amendments to
the Law of Ukraine “On the Ukrainian
Parliament Commissioner for Human
Rights”. It vested NPM functions with
the Ombudsman of Ukraine. On October 2, 2012 this draft was adopted as
Law.
This was a most important step on the
way to implementation of the efficient
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national preventive mechanism according to OPCAT, as operation of NPM
on the basis of a statutory law is a key
prerequisite of the independence of
the system of monitoring visits of custodial settings.
However, we believe that NPM implementation in Ukraine really began on
May 25, 2012. On this date, following a
discussion with NGO representatives,
the Ombudsman of Ukraine Valeriya
Lutkovska approved the new structure
of her Secretariat.
This structure is meant to ensure efficient realization of the four priority activities
of the Ombudsman’s Office, namely
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implementation of the national preventive mechanism;
protection of the social, economic and humanitarian rights;
pursuance of antidiscrimination policies, gender equality and protection
of the rights of the child;
exercise of the freedom of expression, right to information and personal
data protection.
In the new structure of the Secretariat the
activities in each of the priority areas are assigned to separate structural subdivisions.
Apart from that the Ombudsman also
launched the institution of own representatives; each of them is in charge of a specific
area of the Ombudsman’s performance
and, accordingly, coordinates the work of
the relevant subdivisions of the Secretariat.
These changes shortly received statutory approval by the above mentioned
amendments to the Law of Ukraine “On
the Ukrainian Parliament Commissioner
for Human Rights”. Specifically, this Law
was supplemented with a new Article 19-1
(“Performance of functions of the national
preventive mechanism by the Commissioner”) providing that the Ombudsman’s
Secretariat has a separate structural subdivision for prevention of torture and other
cruel, inhuman or degrading treatment or
punishment. This structural subdivision with
equal representation of men and women
and representation of ethnic minorities engages specialists of different backgrounds
and proper professional training.
Further ways of development of the NPM
in Ukraine and its transformation into the
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