Case study: On 5 September 2014, border guard officials at Lviv
airport denied entry into Ukraine to the citizen of Turkey M. The
decision was based on the record in the database of the State Border
Guard Service on prohibition of entry for this persons is sued by the
regional department of the State Migration Service of Ukraine. To prove
legal grounds of his actions, Turkish citizen M. provided copies of
decisions of the district administrative court that postponed and revoked
the above SMS decisions. However, the competent border guard official
did not consider these court decisions though they are binding in
accordance with the Ukrainian legislation and serve as confirmation of
the legal right of M. to enter Ukraine. Consequently, the right to
freedom of movement of this person, in particular, to enter Ukraine, was
violated.
As a rule, when denied entry, foreigners are deprived of access to legal
consultation or support from organizations or experts authorized to provide legal aid
in these cases.
Passport control areas have no visual contact information on these issues.
Officials of border control units do not provide such information to foreigners.
Consequently, foreign citizens who were denied entry into Ukraine
currently have no access to legal aid during their stay at the transit (service)
areas of international airports in Ukraine.
Implementation of the Commissioner’s recommendations provided in
2014.
According to the Administration of the State Border Guard Service, during 2014:
suggestions of the Commissioner taken into consideration
in the draft of the new Instruction on the custody of persons detained at
the bodies (units) of state border control;
Information on the right to immediately inform the next of
kin on apprehension, grounds thereof and one’s whereabouts was
included into the written form of clarification of the rights and duties of
the detained persons along with information on the right to contact the
center for free secondary legal aid;
Rooms for placement of detained persons at Zhulyany unit
and Lviv airport were equipped with desks and chairs;
Issues on prevention of torture, inhuman or degrading
treatment and punishment of detained persons were included into the
personnel training programs for 2015.
4.4. Results of monitoring of institutions of the State Migration Service
Overview of detention places of the State Migration Service
145
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