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Monitoring Places of Detention in Ukraine UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS MONITORING PLACES OF DETENTION IN UKRAINE State of Implementation of the National Preventive Mechanism 2014 Report Kyiv - 2015 CONTENTS INTRODUCTION .................................................................................................................... 4 CHAPTER 1. MONITORING OBSERVANCE OF HUMAN RIGHTS AND FREEDOMS DURING THE REVOLUTION OF DIGNITY ....................................................................... 7 1.1. Violations of the right to life ....................................................................................... 7 1.2. Torture and cruel treatment ........................................................................................ 8 1.3. Violations of the right to medical assistance ............................................................ 10 1.4. Violations of the right to defense .............................................................................. 11 1.5. Violations of children’s’ rights and freedoms .......................................................... 12 1.6. State of response to the acts of Ukrainian Parliament Commissioner for Human Rights by the prosecution authorities and the MIA ........................................................ 13 CHAPTER 2. MONITORING PLACES OF DETENTION IN THE ZONE OF THE ANTI- TERRORIST OPERATION IN EASTERN UKRAINE ....................................................... 17 CHAPTER 3. KEY PERFORMANCE INDICATORS FOR THE NATIONAL PREVENTIVE MECHANISM IN UKRAINE IN 2014 ....................................................... 25 3.1. Number and typology of places of detention in Ukraine. Dynamics of monitoring visits during 2012-2014 ........................................................................................................................................... 25 3.2. The role of the public in NPM implementation in Ukraine ................................................... 33 3.2. Activities of regional representatives and regional public relations coordinators of the Ukrainian Parliament Commissioner for Human Rights in the field of monitoring places of detention ............................................................................................................................................ 38 CHAPTER 4. MONITORING PLACES OF DETENTION: FINDINGS, BY MINISTRIES AND AGENCIES ................................................................................................................... 41 4.1. Results of monitoring of institutions of the Ministry of Internal Affairs of Ukraine .......... 41 Overview of places of detention subordinate to the Ministry ......................................... 41 Statistics on visits to places of detention of the MIA in 2014 ......................................... 43 Violations and shortcomings identified during monitoring visits to places of detention under the MIA of Ukraine ............................................................................................... 45 Shortcomings in Ukrainian legislation in relation to prevention of torture and other forms of ill-treatment ........................................................................................................ 96 Implementation of the Commissioner’s recommendations following visits to places of detention of the MIA of Ukraine ................................................................................... 101 4.2. Results of monitoring of institutions of the State Penitentiary Service of Ukraine ................... 114 4.3. Results of monitoring of institutions of the State Border Guard Service .................................. 141 4.4. Results of monitoring of institutions of the State Migration Service ........................................ 145 4.5. Results of monitoring of institutions of the Ministry of Defense .............................................. 151 4.6. Results of monitoring of institutions of the State Court Administration of Ukraine ................. 156 4.7. Results of monitoring of institutions of the Ministry of Education and Science of Ukraine .... 161 2 4.8. Results of monitoring of institutions of the Ministry of Social Policy of Ukraine .................... 168 4.9. Results of monitoring of institutions of the Ministry of Health of Ukraine .............................. 192 CHAPTER 5. Recommendations for improving observance of human rights based on monitoring results in 2014 ................................................................................................... 207 5.1. For Verkhovna Rada (Parliament) of Ukraine ........................................................................... 207 5.2. For the Cabinet of Ministers of Ukraine .................................................................................... 209 5.3. For the Office of the Prosecutor General of Ukraine ................................................................ 210 5.4. Specific recommendations for ministries and agencies ............................................................. 210 Annex 1 ................................................................................................................................. 226 Annex 2 ................................................................................................................................. 236 3 INTRODUCTION The past year has become a true test for our country. The Revolution of Dignity, occupation of Crimea, the start of hostilities in Eastern Ukraine, and spread of terrorist threat across the country created new challenges for the national preventive mechanism that had to adapt quickly in rapidly changing environment. For instance, during the Revolution of Dignity, the NPM made it possible to obtain up- to-date information about the fate of Maidan activists subjected to mass detentions by law enforcement officials. In close cooperation with the Department of Special Proceedings of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights, representatives of the NPM Department were performing functions of urgent response regularly verifying information on human rights violations in different institution, responding to concrete complaints about torture and ill-treatment. The first chapter of the Report describes identified violations and acts of response of the Commissioner. An in-depth account is presented in the Special Report of the Commissioner for Human Rights titled “Violations of Human Rights in Ukraine during events of November 2013 – February 2014”. Importantly, materials of the Special Report were used in preparation of submission to the International Criminal Court in The Hague by nongovernmental organizations in cooperation with the Secretariat of the Commissioner. The aim of the submission was to call for consideration of initiating proceedings into crimes against humanity committed during the Revolution of Dignity. In fact, the Commissioner’s report was the first official document with a systemized account of all human rights violations that took place during the Revolution of Dignity. In addition, all materials of proceedings, including correspondence of the Commissioner for Human Rights with the Office of the Prosecutor General and the Ministry of Internal Affairs on the matter of investigation of human rights violations, were submitted to the International Advisory Panel (IAP) on Ukraine of the Council of Europe. The International Advisory Panel was constituted by the Secretary General of the Council of Europe to oversee the investigations into the violent incidents which took place in Ukraine during Maidan protests from 30 November 2013 to 21 February 2014. In his letter to the Commissioner for Human Rights, the IAP chairman and the former President of the European Court of Human Rights commended the expert level of materials collected in the framework of the Commissioner’s proceedings, as well as expressed gratitude for support to the investigation of violations during the Revolution of Dignity. 4 Occupation of the country’s territory and subsequent active hostilities at Donbas called for immediate measures for the protection of life and health of persons in detention facilities in the area of an antiterrorist operation. Based on the findings of more than 20 monitoring visits, the Commissioner for Human Rights sent acts of response to the Prime Minister of Ukraine, heads of central executive bodies, Donetsk and Luhansk state regional administrations requiring immediate evacuation of social protection institutions, education and healthcare establishments, as well as penitentiaries, to other safe regions of the country. Chapter two of the Report reflects the response to Commissioner’s submissions. Chapters three and four are dedicated to general indices of the NPM performance in 2014, as well as the detailed account of violations of human rights and freedoms identified during monitoring visits to places of detention subordinate to different ministries and agencies. In addition, they contain information about the state of implementation of Commissioner’s recommendations to the ministries and agencies provided based on the results of monitoring activities. Chapter five includes detailed recommendations based on the results of monitoring places of detention in 2014, including recommendations on improving legislative framework. Importantly, regional representatives and regional public relations coordinators of the Commissioner for Human Rights provided valuable support to implementation of the national preventive mechanism
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