MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
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principal task of the Department is to
ensure implementation of the Ombudsman’s authority in the sphere of parliamentary control over the respect of the
right to protection against torture and
cruel, inhuman or degrading treatment
or punishment (further referred to as illtreatment) in accordance with the OPCAT requirements.
The Department has 34 staffers and
consists of three administrations and
six sections. Each unit performs independently from others, according to its
own work plan, watches over specific
ministries or agencies and, accordingly,
monitors a clearly defined circle of custodial settings. In our view, such organization enables substantial increase of
the general efficiency of custodial settings monitoring: such monitoring is,
firstly, conducted simultaneously by six
different units, of which each, secondly, is composed of experts thoroughly
aware of the particularities of operation of this or that custodial setting.
Indeed, it is hard to compare the specifics of functioning of a remand prison
with that of an orphanage facility, or a
neuropsychiatric residence with a temporary holding area for foreigners and
stateless individuals.
The Department is authorized:
–
to monitor the respect of the right to protection against ill-treatment and
to submit proposals to the Ombudsman with regard to the use of parliamentary control measures in order to safeguard human rights and freedoms;
–
to organize and conduct systemic (scheduled and ad hoc) visits to custodial settings in order to prevent ill-treatment, including visits jointly with
representatives of non-governmental organizations;
–
to take measures, as assigned by the Ombudsman, for efficient response
to violations of the right to protection against ill-treatment;
–
to analyze the status of the respect of human rights in custodial settings,
to prepare analytical and informational materials on issues of ill-treatment
and to submit proposals to the Ombudsman for proper response;
–
to participate in the drafting of the Ombudsman’s annual and special reports;
–
to participate in the drafting of the Ombudsman’s constitutionality actions
with the Constitutional Court of Ukraine, of the Ombudsman’s submissions
to the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine,
Prime Minister of Ukraine, Prosecutor General of Ukraine, heads of public
authorities and bodies of local self-government and of the Ombudsman’s
letters and other acts of response, in order to prevent violations of human
and civic rights, to restore them or to exert control over their enforcement;
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