SECTION 2.
part 3 of which reads that “conduct of
pre-trial investigation without entry of
information into the register is not allowed.”
The materials annexed to the reply
give grounds to believe that Vinnitsa
prosecution authorities never examined
the facts of the case and failed to give
a legal assessment of the actions of the
police as cruel, inhuman or degrading
treatment of citizen T., especially with
regard to his unlawful lengthy detention in
an area unsuitable for such purpose.
On the basis of this fact the Ombudsman
made a submission to the Prosecutor
General Office as to violation of the
constitutional rights and freedoms
of citizen T. After relevant review the
prosecutor’s office of the City of Vinnitsa
initiated criminal proceedings as per Art.
365.1 of the Criminal Code and conducted
relevant checkups. Action was also taken
with regard to the officials who had failed
to comply with the law in response to the
Ombudsman’s submission.
Visits of police authorities regularly reveal
facts of violation of the permitted length
of detention by the police, as prescribed
in the agency’s regulations. For instance,
in September 2013 such violations
were found in Darnytsky, Obolonsky,
Podilsky, Svyatoshynsky and Solomyansky
district police departments of MIA Main
Department in the City of Kyiv.
On the basis of the identified violations
and in accordance with Art. 101 of the
Constitution of Ukraine and Articles 1, 3,
13, 19-1 and 22 of the Law of Ukraine “On
the Ukrainian Parliament Commissioner
for Human Rights” the NPM sent letters to
the prosecutor’s office in the City of Kyiv
demanding corroboration of the presented
data and prosecutorial response action.
As a result of reviews District Prosecutors
35
made their submissions to the involved
district police bodies.
The issue of ill-treatment acquired especial
notoriety in connection with the events
that took place in Ukraine in the period
from November 2013 to February 2014.
NPM activity during this period is reflected
in Ombudsman’s Special Report to the
Verkhovna Rada of Ukraine. However,
given the excessive frequency and especial
cruelty of ill-treatment manifestations on
the part of the police during the above
indicated period we deem it appropriate to
include into the present report a description
of some of the events and information
on the relevant implementation of the
national preventive mechanism.
Mass protest actions started on November
21, 2013 in connection with the decision
of the Cabinet of Ministers of Ukraine to
suspend the process of preparation for
the signing of the Association Agreement
between Ukraine and the EU. The period
from November 30, 2013 through February
22, 2014 was marked by excessive use
of force and special means by the police
against protesters.
On the night of November 30, 2013 police
officers used brutal force to stop a peaceful
assembly. The videos of these events are in
the public domain and prove that physical
force used by the police was totally
inadequate. Over thirty protesters were
apprehended.
Already at six in the morning on November
30 two representatives of the Ombudsman
responded to reports from human rights
activists and arrived at Shevchenkivsky
District Police Department in Kiev to
meet with the detainees and clarify all
circumstances of the incident. During this
visit the Ombudsman’s representatives
talked to all detained activists and to
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