Examination of the registry on reception and transfer of duty suggests that from 10
January 2014 to 28 January 2014 there were 20 persons apprehended on the suspicion of
committing crimes, as well as 44 persons apprehended for administrative offences. However,
there was no notification to the Center for Free Legal Aid on their apprehension. This fact is
confirmed by the absence of records in the Registry of notifications of free legal aid centers.
At the same time, the Registry of persons taken into custody, visitors and invited persons there
were no records on persons apprehended or taken into custody during this period. Instead,
apprehended persons were accounted for as “invitees” or those who arrived “upon request”, or
not accounted for at all.
A submission by the Commissioner, along with 8 letter to the Office of the Prosecutor
in Kyiv, was sent to the MIA of Ukraine for the purposes of effective investigation of each
violation and appropriate response.
1.5. Violations of children’s’ rights and freedoms
Children also took part in confrontations at Maydan Nezalezhnosti in Kyiv. In particular,
on 24 January 2014, the Commissioner for Human Rights launched proceedings upon
notification from Euromaidan SOS civic platform on delivery of minors with bodily injuries
to the National specialized children’s hospital “OKHMATDYT”. The minors sustained these
injuries during apprehension by military personnel of the military unit #3057 and officials of
Berkut special unit.
The proceedings included visiting and interviewing of the children. During interviews,
the minors talked about apprehension and assault by law enforcement officials at the corner of
Instytutska and Shovkovychna Streets in Kyiv.
In addition, the minors were brought to Podil district police directorate only 5 hours
following their apprehension, and hospitalized following additional 6 hours.
According to the doctors, the children were admitted in moderately severe condition.
All of them received necessary medical assistance. Medics also informed their parents on the
children’s whereabouts.
In the framework of proceedings by the Commissioner, the staff of the Secretariat of the
Commissioner visited Podil district directorate of the Main MIA Directorate in Kyiv where the
children were brought following apprehension. The staff discovered violations of children’s
rights by the said district police department. In particular, the minors were held in a special
vehicle with no medical care at subzero temperatures. The Center for Free Legal Aid was
notified only 6 hours 15 minutes after the actual apprehension. The authorities launched
criminal cases in relation to the children on criminal offences under part 3 of Article 296 of
the Criminal Code of Ukraine (hereinafter – the CC of Ukraine).
On 29 January 2014, the Commissioner for Human Rights sent a request to the Office
of the Prosecutor in Kyiv for the purposes of immediate elimination of reasons and conditions
of violations of children’s rights.
The response to the Commissioner’s request included information about dismissal of
criminal proceedings in relation to the minors.
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