According to Article 212 of the CPC, one or more officials responsible for
keeping those apprehended shall be designated in the pre-trial investigation agency’s
station. Investigators may not be designated to be responsible for keeping those
apprehended.
Article 212§3 of the CPC provides for the following duties of the official
responsible for keeping those apprehended:
1) register the apprehended person immediately;
2) advice the apprehended person of the grounds for apprehension, his rights
and duties;
3) immediately release the apprehended person after grounds for
apprehension seized to exist or time limit for apprehension as established
in Article 211 of this Code has expired;
4) ensure appropriate treatment of the apprehended person and respect for
his rights laid down in the Constitution of Ukraine, the present Code, and
other laws of Ukraine;
5) ensure recording all actions which are conducted with the involvement of
the apprehended person, including the time when such actions started and
completed, as well as persons who conducted such actions or were present
during the conduct of such actions;
6) ensure prompt provision of adequate medical assistance and recording of
any bodily injuries or deterioration of the apprehended person’s state of
health by medical personnel. If the detainee so wills, a specific person of
his choosing who is certified to provide medical assistance may be
allowed to be amongst providers of medical care to the detainee.
Compliance with the above duties by the responsible official practically excludes
risks of ill-treatment of the apprehended person. However, in practice, this safeguard
is not functioning.
The following IABs violate requirements of Article 212 of the CPC:
Territorial police unit #2 of Shevchenkivske district directorate of
the Main MIA Directorate in Kyiv;
Korabelny, Central, and Leninsky district departments of
Mykolayiv city directorate of the MIA Directorate in Mykolayiv region;
Svyatoshyn district directorate of the Main MIA Directorate in
Kyiv;
Line department of Lviv city directorate of the Main MIA
Directorate in Lviv region;
Line department at Zhytomyr station of the MIA Directorate for
Southwestern Railways;
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