for security of IAB officials during communication with apprehended persons, as well
as allows excluding risks of ill-treatment of the latter.
The Regulations31 also include direct prohibition of investigation actions and
other measures under the legislation of Ukraine (questioning, meeting with a defender
etc.) necessary for comprehensive and objective examination of circumstances of the
crime in relation to persons suspected of the commission of crime, in any other
premises of IABs except for investigation rooms.
Therefore, the legislation permits the stay or custody of apprehended persons
only in two types of premises: premises for apprehended and detained persons and
investigation rooms.
However, in practice, apprehended persons often spend hours in hallways and
other IAB premises, and investigation actions and other measures prescribed by the
legislation usually take place in offices of IAB officials. Investigation rooms in IABs
are either absent, or not properly equipped, or not used for the relevant purposes.
The order on equipping investigation rooms at IABs was issued on 18.12.2013,
yet, according to information received in response to an inquiry by the Commissioner
for Human Rights, as of 01.01.2015 the majority of district, city and line departments
of the MIA have no equipped investigation rooms.
Moreover, the Ministry of Internal Affairs undertakes measures that worsen
conditions of apprehended persons referring to recommendations from the
Commissioner for Human Rights, the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment, and national human
rights NGOs.
In particular, MIA order #810 dated 21.08.2013 amended the instruction on
design of the premises for apprehended and detained persons at the duty units of the
bodies of internal affairs to worsen the conditions for apprehended persons. These
amendments introduced temporary norms of design, reconstruction and capital
refurbishment of such premises located in existing and adjusted buildings with limited
capacities.
The order provides for:
Permission to equip only one KZD at each duty unit (previously there was a
requirement to equip at least three and this requirement still exists in the MIA
order (amended) dated 28.04.2009 “On organization of activities of duty units
31
Regulation on the rooms for conduct of investigative actions and other measures at the bodies and units of internal
affairs of Ukraine adopted by the MIA order #1561 dated 18.12.2003.
62
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