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Special Report NPM 2014 EN.Pdf UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS MONITORING PLACES OF DETENTION IN UKRAINE State of Implementation of the National Preventive Mechanism 2014 REPORT Kyiv - 2015 3 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 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 SECTION 1. 5 INTRODUCTION The past year has become a true test for Commissioner. The aim of the submission our country. The Revolution of Dignity, was to call for consideration of initiating occupation of Crimea, the start of hostilities proceedings into crimes against humanity in Eastern Ukraine, and spread of terrorist committed during the Revolution of threat across the country created new Dignity. In fact, the Commissioner’s report challenges for the national preventive was the first official document with a mechanism that had to adapt quickly in systemized account of all human rights rapidly changing environment. violations that took place during the Revolution of Dignity. For instance, during the Revolution of Dignity, the NPM made it possible to In addition, all materials of proceedings, obtain up-to-date information about the including correspondence of the fate of Maidan activists subjected to mass Commissioner for Human Rights with the detentions by law enforcement officials. In Office of the Prosecutor General and the close cooperation with the Department of Ministry of Internal Affairs on the matter Special Proceedings of the Secretariat of of investigation of human rights violations, the Ukrainian Parliament Commissioner for were submitted to the International Human Rights, representatives of the NPM Advisory Panel (IAP) on Ukraine of the Department were performing functions Council of Europe. The International of urgent response regularly verifying Advisory Panel was constituted by the information on human rights violations Secretary General of the Council of Europe in different institution, responding to to oversee the investigations into the concrete complaints about torture and ill- violent incidents which took place in treatment. The first chapter of the Report Ukraine during Maidan protests from 30 describes identified violations and acts November 2013 to 21 February 2014. In of response of the Commissioner. An in- his letter to the Commissioner for Human depth account is presented in the Special Rights, the IAP chairman and the former Report of the Commissioner for Human President of the European Court of Human Rights titled “Violations of Human Rights in Rights commended the expert level of Ukraine during events of November 2013 – materials collected in the framework of February 2014”. the Commissioner’s proceedings, as well as expressed gratitude for support to Importantly, materials of the Special Report the investigation of violations during the were used in preparation of submission to Revolution of Dignity. the International Criminal Court in The Hague by nongovernmental organizations Occupation of the country’s territory and in cooperation with the Secretariat of the subsequent active hostilities at Donbas called for immediate measures for the various places of detention as monitors protection of life and health of persons together with the staff of the Secretariat in detention facilities in the area of an of the Commissioner or with the purpose antiterrorist operation. Based on the of verifying specific information on findings of more than 20 monitoring human rights violations. However, given visits, the Commissioner for Human an extremely large number of places Rights sent acts of response to the Prime of detention and the subsequent need Minister of Ukraine, heads of central for increase in regularity and number of executive bodies, Donetsk and Luhansk monitoring visits, in 2014 the Commissioner state regional administrations requiring made a decision on vesting regional immediate evacuation of social protection coordinators with the right to conduct institutions, education and healthcare independent visits to places of detention establishments, as well as penitentiaries, to with public monitors who had undergone other safe regions of the country. Chapter appropriate training and received the two of the Report reflects the response to Commissioner’s
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