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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
According to the official SCAU data, the
recommendations were to a larger extent
implemented by the leadership of the
Appeal Court of Region. At the same time
we note the failure to eliminate any of the
shortcomings identified during visits to
Holosiyivsky and Svyatoshynsky District
Courts in Kyiv, Leninsky District Court of
Mykolayiv, Zhovtnevy District Court of
Mykolayiv Region, Kovpakivsky District
Court in Soumy, Vinnytsa City Court and
Vinnytsya District Court of Vinnytsa Region.
Results
of
implementation
of
recommendations include the following:
•
amendments to inter-agency Order
of SCAU and MIA of Ukraine on free
access of NPM monitoring groups to
the premises of courts;
•
SCAU territorial administrations and
courts’ management inspected the
premises for defendants/ convicts
in the courthouses and developed
recommendations’
plans
for
implementation;
•
significant part of visited courts
received germicidal lamps for daily
disinfection of indoor air in the
premises for defendants/ convicts and
their convoys and in the courtrooms;
•
SCAU developed and submitted
for approval to the Ministry of
Regional Development, Construction
and Utilities a draft regulation on
amendments in the building rules DBN2010 (for courts) as to the technical
requirements to transparent barriers in
courtrooms, for replacement of metal
constructions.
Additional information: according to SCAU
data as of January 1, 2014 glass barriers were
installed in 14 appellate courts (or 52 % of the
total number of appellate courts ) and in 92
local courts (which is only 12 % of their total
number).
•
SCAU examined and agreed the draft
of the Instruction on convoying and
holding of criminal defendants and
convicts in courts, earlier developed
by MIA;
•
SCAU drafted the Procedure for
interaction of courts of general justice
and remand prisons and penitentiary
institutions of the State Penitentiary
Service of Ukraine regarding conduct
of procedural actions during criminal
proceedings in the videoconferencing
mode.
Recommendations that were not carried
out had to do with discontinuation of
operation, in full or in part, of the premises
for defendants/ convicts in four visited
courts, because of improper conditions
of detention. In the opinion of the
Ombudsman, holding of an individual in
such conditions significantly harms human
health and therefore may be classified as
cruel treatment. (Only one such facility – in
Mena District Court of Chernihiv Region –
was actually closed but similar premises at
Holosiyivsky District Court of Kyiv and Appeal
Court of Kherson Region are still in use.
There is no information about current use of
such premises in Primorsky District Court of
Odessa).
At the same time and in order to establish
an effective dialogue with relevant
authorities NPM established a working
relationship with a number of subdivisions
and officials of SCAU. In the framework
of such coordination two jointly held
meetings addressed the current status of
implementation of the recommendations
of NPM Department and implementation
of other measures aimed at prevention of
ill-treatment of criminal defendants.
In order to ensure proper protection of
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