a. The right of a suspected and a accused person placed in a TDF to be informed in writing of their
rights and obligations
The monitoring has revealed that none of the country’s IAB TDFs inform detainees of their rights in writing in
defiance of the international standards.
Posting of the list of the rights and obligations of suspected and accused persons in each cell of IAB TDFs could
be one of the ways to comply with this standard. However, the monitoring revealed that none of IAB TDFs use
this opportunity.
b. The right of a suspected or an accused person placed in an IAB TDF to make himself aware of
the content of the Internal Regulations, including the regulations governing the treatment of
prisoners and the disciplinary requirements of the institution
Only 70 (36.3%) respondents said they were familiar with the content of the Internal Regulations, including the
regulations governing the treatment of prisoners and the disciplinary requirements of the institution. The rest
123 (63.7%) detainees interviewed said that no one from the TDF staff had ever informed them of that, and that
most of them had learned about the Internal Regulations from their cellmates.
None of the respondents, when brought to a TDF, was informed by the personnel in which cases and what
conduct would represent breach of the regulations governing the detention at the TDF, and what sanctions
would be imposed in that case.
Example: From the interview with a detainee: “I don’t know anything about my rights. No one explains
them here. As for the TDF Regulations, I have learned about them from my cellmates.”20
Diagram 5.
The right of suspected and accused persons place in an IAB TDF to make themselves aware
of the content of the Internal Regulations, including the regulations governing the detention,
and the disciplinary requirements.
70%
63,70%
60%
50%
40%
Detainees
informed
36,30%
Detainees not
informed
30%
20%
10%
0%
c. The right of a suspected and an accused person held in a TDF to be informed of the procedure to
make suggestions, statements or complaints
None of the 193 respondents appeared to be informed by TDF personnel
of their right to make suggestions, statements and complaints.
Lack of awareness of this right and lack of knowledge about the existing
mechanisms and procedures of making a statement or complaint makes
it practically impossible to appeal against any acts/omissions of the
personnel of the institution, legality and reasonableness of sanctions
imposed on the detainee, as well as any other issues pertaining to the
detention conditions at the TDF.
Information stand.
20
Monitoring Report No. 1/6-7/З/1.1.
22
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