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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
or on actions taken with regard to
an apprehended person (making of
the protocol, acknowledgement of
explanations, etc.), or indications of
the position and name of the police
officer who apprehended or invited
a person to the police station. Entries
in the registers do not refer to the
status in which a person remained at
the police unit (apprehended person,
officially invited person or visitor);
•
duty rotation loggers contain no data
on individuals held at the premises for
apprehended and detained persons,
including those held in excess of the
established time limits;
•
registers of exits do not contain entries
about the grounds on which detainees
are ordered out of their cells, which
excludes control over the lawfulness
of such exits. Moreover, such registers
do not contain data on all such exits,
without any exception, inclusive
of exits for purposes of exercise,
bactericidal treatment of cells, etc.;
•
documentation of patrol units that
accounts for individuals apprehended
and brought to police units does not
meet the requirements of the Field
Manual of MIA Patrol Duty Units;
•
plans of in-service training for the
personnel of special facilities and
police authorities for 2012-2013 and
2013-2014 training periods do not
include compulsory topics of human
rights respect in the operation of MIA
authorities. Examination of in-service
training materials (lists of topics, plans,
summary notes, etc.) and conducted
interviews with the personnel give
grounds to assert that the leadership
of the visited authorities and facilities
has failed to arrange for proper
familiarization of their staff with the
domestic and international legislation
and MIA regulations in the sphere of
human rights.
Regulatory deficiencies
Part 3 of Art. 327 of the Code of
Administrative Offences stipulates that
administrative arrests are served according
to the rules established in the laws of
Ukraine, but such laws at the moment do
not exist.
Individuals punished by administrative
arrest serve their term at special reception
centers for administrative arrestees that
function in accordance with the relevant
Provisions approved by the Ministry of
Internal Affairs of Ukraine on September
18, 1992, No. 552. In contravention of
Resolution of the Cabinet of Ministers of
Ukraine No. 731, of December 28, 1992,
“On Approval of the Provisions on State
Registration of the Regulations of Ministries
and Other Bodies of State Power” this
regulation was not brought into conformity
with the Constitution and laws of Ukraine,
other legislative acts, ECHR and Protocols
thereto with regard to ECtHR case law or
with the international treaties of Ukraine
ratified by the Verkhovna Rada of Ukraine.
Status of implementation of the
Ombudsman’s
recommendations
suggested to Ministry of Internal Affairs
of Ukraine in 2013
On the basis of findings made during
visits to custodial settings the staff of the
NPM Department the Secretariat of the
Ombudsman sent, in the year of 2013, 75
letters to the Ministry of Internal Affairs
and 3 letters to MIA Regional Departments
with appropriate recommendations as to
elimination of the shortcomings discovered
in the course of monitoring visits.
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