SECTION 2.
applications alleging unlawful actions
of special units and relevant strong
reverberations in the human rights
community it was recommended, in order
to ensure the constitutional rights to life,
security of person and proper treatment
during custody at penitentiary institutions,
to take action to cease the operation of
special purpose units in the structure of the
State Penitentiary Service of Ukraine until
a final decision on the legal and regulatory
grounds of their activity.
As a result of measures taken the Ministry
of Justice of Ukraine drafted Provisions on
the territorial (inter-regional) militarized
unit of SPSU and approved this regulation
by Order of July 3, 2007, No. 1325/ 5;
•
regarding elimination of violations
of the legislation during provision of
medical assistance to prisoners at health
care institutions (of January 25, 2013)
This submission sought proper respect
of the lawful interests of persons taken
into custody and convicted prisoners who
receive medical assistance at health care
institutions and immediate relevant actions
for harmonization of the regulations of
the Ministry of Justice of Ukraine on the
operation of SPSU with standards of the
international and national legislation in the
sphere of human rights and freedoms.
In order to eliminate such violations the
Ministry prepared a draft of the Law of
Ukraine “On Amendments to the Code
of Criminal Procedure of Ukraine” (with
regard to the use of electronic means of
supervision of prisoners) and drafted the
Joint Order of the Ministry of Justice of
Ukraine and Ministry of Health Care of
Ukraine “On approval of the Instructions
on temporary holding and guarding of
persons taken into custody and convicted
prisoners during their stay at state and
101
communal health care institutions” and the
Order of the Ministry of Justice of Ukraine
on approval of the List of technical means
of supervision and control used in settings
for convicted prisoners and persons taken
custody and on the Procedure of the use of
technical means of supervision and control
in settings for convicted prisoners and
persons taken custody;
•
regarding elimination of violations
of the lawful rights and freedoms of
women serving sentences in Seleznivka
penitentiary (No. 143) (of November 11,
2013)
The monitoring visit to Seleznivka
penitentiary (No. 143) revealed numerous
violations of the rights and freedoms of
female prisoners that may amount to cruel
or degrading treatment or punishment. In
particular, the institution failed to provide
for detention conditions as prescribed by
law, does not grant prisoners their right to
telephone calls, does not properly arrange
for prisoners’ purchasing of foods and
other essentials; the administration of the
institution has also failed to take sufficient
measures to grant prisoners’ right to health
care (the penitentiary has no medical unit
at all).
In order to ensure the respect of the lawful
rights of female prisoners serving sentences
in Seleznivka penitentiary (No. 143) the
Luhansk Territorial Department of the
State Penitentiary Service of Ukraine was
recommended to take immediate action
for bringing the penitentiary procedures
and conditions at the institution into
accordance with the requirements of the
Criminal Enforcement Code of Ukraine and
the international standards in the sphere of
human rights and freedoms.
Moreover, the Prosecutor General’s Office
of Ukraine received a summary of the
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