SECTION 2.
•
secure wards at AFU medical institutions;
•
AFU units manned by conscripts.
111
The number of MoD institutions and personnel
held or doing military service thereat,
2012 – 2013
Institution
2012
(as of Jan 1)
Number of
institutions
Number of
persons
2013
(as of Jan 1)
Number of
institutions
Number of
persons
Changes
Disciplinary battalion
Guardhouses
Rooms for temporarily detained
personnel
Secure wards at medical
institutions
Military units with conscripts
During the reporting period the NPM Department staff and civic monitors jointly visited
8 custodial settings, of which two were
visited for the second time – the disciplinary
battalion and the guardhouse of PS AFU (in
2012 NPM visited 2 institutions and made no
repeat visits).
Administrations of the custodial settings
mostly granted unhindered access to NPM
teams but in some instances (for example,
during visits to institutions in the City of
Kyiv and Chernihiv Region) the team, for
lack of relevant knowledge on the part
of administrations, had to spend 30 to 40
minutes on explanation of the provisions
of the Law of Ukraine “On the Ukrainian
Parliamentary Commissioner for Human
Rights” and on NPM authority.
However, members of monitoring teams
during their visits had the opportunity
to conduct confidential interviews with
the military held in custodial settings, in
accordance with Art. 20 of OPCAT and p. 3
of Art. 19-1 of the Law of Ukraine “On the
Ukrainian Parliament Commissioner for
Human Rights”.
Follow-up visits to disciplinary battalion
and PSAFU guardhouse showed changes,
especially in terms of better holding
conditions.
It is undoubtedly positive that after the
2012 visits the guardhouse in Kyiv began
systematic repair and refurbishment of
cells, with installation of toilets, ventilation
and new windows of larger size.
Typical violations of human rights and
freedoms identified in 2013 at MoD
custodial settings
Restriction or insufficient protection of a
number of human rights and freedoms of
military personnel still, like in 2012, may
be assessed as inhuman or degrading
treatment.
Specifically, provisions of now existing
national laws (e.g. the Statutes of the
Armed Forces of Ukraine, the Criminal
Enforcement Code of Ukraine, the Law
of Ukraine “On the Policing Service of the
Armed Forces of Ukraine”, Provisions of
the disciplinary battalion in AFU, etc.) and
departmental regulations that define the
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