dignity of the persons within three hours after their arrival to the duty station36.
Therefore, proper records on exact time and place of the person’s arrival to the IAB
and his/her leave is very important.
Failure to meet the procedural time limits for the person’s detention at the
internal affairs body creates risks of ill-treatment and constitutes a violation of the right
to liberty.
Some IABs use manipulations with the Registry of persons taken into custody,
visitors and invited persons for the purposes of artificially increasing the term of
person’s stay at the IAB premises. For instance, they record fictional leave of the
premises and return after certain period. Thus, detained persons can remain at the
internal affairs body past the allowed term. In addition, these manipulations usually
lead to other violations, in particular of the right to legal assistance.
Clearly, lack of proper registration of persons in IAB premises creates risks of
ill-treatment by law enforcement officials, as well as falsifications of the time of actual
apprehension etc. However, inspection showed that despite Article 212 of the CPC of
Ukraine, a large number of apprehended persons were not accounted for in the Registry
of persons taken into custody, visitors and invited persons. By these actions, law
enforcement officials are also trying to conceal apprehension.
In violation of requirements of the Instruction adopted by the MIA order #181
on 28.04.2009, Registries of persons taken into custody, visitors and invited persons
do not contain data on all persons with no exceptions, taken into custody, called by
police officials for formalization of administrative materials, procedural and
investigation actions, or those who come to the internal affairs body for personal or
business reasons. There are defects in record-keeping, compliance with requirements
of the order in relation to the rules of maintaining the Registry; in particular, the
following information required by the form is missing:
Date of delivery (arrival) of the person to the IAB;
Full names of persons taken into custody, visitors and invited persons;
Title and last name of the official who delivered or invited citizens;
Purpose of bringing or arrival (for drawing up the report, upon
investigator’s invitation etc.);
Measures taken in relation to the person brought into custody or invited
(report drawn up, explanation obtained etc.).
36
The Instruction adopted by the MIA order #181 dated 28.04.2009.
70
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