SECTION 2.
families and nears of the victims and
strongly condemned any violence on
the part both of the participants of mass
actions and of the law enforcement.
She also appealed to the Prosecutor
General of Ukraine requesting immediate
impartial investigation of the deaths and
to the leadership of MIA demanding strict
compliance with the law.
The Ombudsman once again reminded the
MIA leadership that even when an assembly
ceases to be peaceful the law enforcement
must act exclusively within the boundaries
of the effective legislation, use force in view
of the principle of proportionality, minimize
the damage to life and health and preclude
violence to the already detained.
On January 22, 2014 after controversial
information in the mass media about
the causes of protesters’ deaths in
Hrushevskoho Street the Ombudsman
instructed the staff of the medical section
of NPM Department to take part, as
appropriate, in investigative actions –
examination of the bodies of the killed
activists S. Nigoyan and M. Zhyznevsky in
the mortuary of Kyiv Forensic Bureau and
attendance of the forensic autopsy.
NPM Department personnel with medical
degrees and considerable background
in forensic and criminological practice
ascertained
compliance
with
all
requirements of the effective legislation
during external and internal forensic
examination of the bodies, identification,
examination and documentation of the
injuries, registration of the found items and
their referral for further forensic tests.
On January 24, 2014 the Ombudsman
received information from “EuroMaidan
SOS” NGO that a number of minors with
injuries inflicted during apprehension by
“Berkut” riot police and several personnel
39
of Military Unit 3057 were brought to
OHMATDYT specialized children’s hospital.
A. Filipishina, Ombudsman’s Representative
for the respect of children’s rights, nondiscrimination and gender equality, and
NPM Department employees immediately
went to this hospital and visited victims.
Children admitted for in-patient treatment
because of the received injuries told that
they had been unreasonably apprehended
by the law enforcement at the intersection
of Instytutska and Shovkovychna Streets
in Kyiv. According to the children, police
violently treated them immediately after
arrest and degraded their human dignity.
Victims reported on having been brought
to Podilsky District police station as late
as five hours upon apprehension and had
to wait for hospitalization for another six
hours. According to medical staff children
arrived in the condition of damages of
average severity.
The Secretariat staff also visited Podilsky
District Department of MIA Main
Department in the City of Kyiv, from which
the children were taken to hospital after
their arrest. This visit revealed a number
of violations of children’s rights in the
operation of the said district police unit.
Specifically, the minors, with injuries from
the police, were for a long time (about
three hours) after delivery to the police
station held in police vehicles, without
medical assistance, at below-zero outside
temperature, without water and with no
possibility to satisfy their natural needs.
In violation of Art. 208 of the Code of Criminal
Procedure of Ukraine and of the Provisions
on notification of centers of secondary
free legal aid (approved by the Cabinet
of Ministers of Ukraine on December 28,
2011, No. 1363) the arresting officers failed
to properly notify the center of free legal
aid immediately after the minors’ arrest,
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