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Ms. Valeriya Lutkovska: "Results of the carried-out inspection of practical application of new standards of the Criminal Procedure Code demonstrated a number of human rights violations"

 

Delivering a speech at the international conference "Quality of legal assistance", the Ukrainian Parliament Commissioner for Human Rights informed participants of results of carried out within implementation of parliamentary control verification of the application of new standards of the Criminal Procedure Code at an initial stage of pre-judicial investigation, namely: during detention of the persons suspected of commission of crimes without resolution of the investigative judge, court.

Considering that the Lviv Region is declared basic in Ukraine where the public and the Ministry of Internal Affairs implement the pilot project on reforming of work of law-enforcement bodies, such inspection was carried out in the Sikhov district of Lviv City.

"For the purpose of carrying out mentioned verification I initiated proceedings on case of violation of the rights and freedoms of person while detaining the persons suspected of commission of crimes without resolution of the investigative judge, court. For ensuring transparency and objectivity experts in the field of the right from among representatives of public organizations, in particular Association of the Ukrainian monitors of observance of human rights in activity of law enforcement bodies were involved in this process", – Ms.Valeriya Lutkovska noted.

As the Commissioner informed, as a result of studying of collected materials a number of violations of both the criminal procedure legislation of Ukraine and the provisions containing in the existing international treaties, which the Verkhovna Rada agreed to be bound by, norms of international law was revealed.

It concerns the facts of illegal detention of persons when investigative judges don't carry out the judge's obligations for protection of human rights while electing measures of restraint, the concealment of the moment of the actual detention and manipulation used by employees of militia for concealment of the moment of the actual detention, carrying out personal searches of the detained persons without participation of witnesses and gender perversions in these processes.

The special attention was drawn to cases of human rights violation while providing legal assistance to detainees, including obligations of employees of militia immediately to inform the Center for providing free secondary legal assistance of the detention.

According to Ms.Valeriya Lutkovska, only parts of those shortcomings which participants of proceedings faced, there is quite enough for making a submission of the Commissioner to the General Prosecutor of Ukraine for the organization of carrying out investigations for the revealed facts of violations from employees of militia and prosecutor's office and undertaking measures of reaction.

According to her, also corresponding submission to the Supreme specialized court of Ukraine concerning non-fulfillment by judges of Sikhov district court of the general obligations of the judge for protection of human rights is prepared now.