138 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
During the reporting year MIA issued a number of internal regulations that aim
at elimination of shortcomings revealed by NPM Department personnel during
monitoring visits; namely:
–
Assignment No. 13521/ЧН (of September 4, 2012) “On respect of citizens’
constitutional rights at the time of their apprehension, detention and
holding at the rooms for apprehended and detained persons at duty
units”;
–
Assignment No. 10/2-7259 (of October 8, 2012) “On necessary measures
to bring patrol squads’ documentation into conformity with MIA Order
No. 404 (of July 28, 1994) on approval of the Field Manual of patrol service”.
However, the results of monitoring visits conducted after the issuance of these
Assignments have shown that MIA officials ignore the requirements of MIA leadership and that the Ministry fails to ensure proper control over enforcement of its
executive decisions.
On the backdrop of these negative aspects of MIA response it is worth mentioning a number of positive developments. Accounting of persons apprehended, detained and held at city, district and line police units has improved, as well as registration of inflicted bodily harm and of provided medical assistance. The number
of instances when citizens are unlawfully brought to and held at law enforcement
bodies is decreasing, as well as the number of instances of obstruction of the right
to legal assistance. The conditions at the special holding facilities of the police
are getting slightly better. These tendencies give a hope of further substantial
advance in the Ombudsman’s cooperation with MIA and a general improvement
of the situation with human rights respect in the operation of police authorities.
RESPONSE ACTION OF THE STATE PENITENTIARY SERVICE (SPS) OF
UKRAINE ON THE OMBUDSMAN’S RECOMMENDATIONS
In order to ensure the lawful interests of prisoners the SPS annulled, as recommended by NPM Department, its Instruction No. 3/2/1-2344 of April 28, 2010 that
prohibited acceptance of unsealed prisoners’ correspondence addressed to the
Ombudsman, ECtHR, other international organizations where Ukraine is a member or accessory, officials of such organizations, prosecutor or defender, as it was
in violation of the procedure specified in p. 4.8.5 of the Rules of holding of persons taken into custody and convicts at remand prisons of the State Department
of Ukraine for Enforcement of Punishments approved by Order No. 192 of the
named Department (of September 20, 2000) and registered with the Ministry of
Justice of Ukraine on October 27, 2000 under No. 741/4972, as per which in case
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