A/HRC/16/47
30.
In the course of 2010, the authorities responsible for the security of the borders of
Ukraine have not permitted detention of individuals who have applied for the status of
refugee in Ukraine. In accordance with article 8 of the Law of Ukraine on Refugees, upon
being granted refugee status, 104 individuals were released in 2010. Pursuant to the Law of
Ukraine regarding the Amendments to the Code of Criminal Procedure in Relationship to
Extradition, a refugee cannot be extradited to a foreign State where his or her health, life or
liberty may be at risk on the grounds of race, religion, nationality, social or political
considerations, unless otherwise provided by a particular treaty obligation incumbent on
Ukraine.
31.
Pursuant to the order of the Ministry of Justice No. 491/7, dated 27 May 2010, a
working group has been created to promote the existence of a complete and effective
system of juvenile justice.
32.
In accordance with paragraph 3 of article 29 of the Constitution of Ukraine, any
person deprived of his or her liberty has to be released within 72 hours from the moment of
the arrest, unless provided with a reasoned judicial decision extending this initial period.
Article 156 of the Code of Criminal Procedure and article 20 of the Law of Ukraine on
Preventive Detention provide that the chief of the preventive detention facility must
immediately release suspects in the absence of a judicial decision. Paragraph 6 of article 29
of the Constitution of Ukraine provides that arrest or detention of a person must be
immediately communicated to the family and relatives.
3.
Future country missions
33.
The Working Group reiterates its concern at the limitation in the number and length of
the visits it may conduct each year. Two country visits per year, each limited to ten days, does
not appear to the Working Group sufficient for an adequate discharge of the Working Group’s
mandate. The Working Group conducted four visits in 2006, three in 2007, and four in 2008,
undergoing the current limitation of two per year in 2009 and 2010. Country visits are of great
importance to the victims of arbitrary detention.
34.
In order to be able to verify the implementation of its recommendations, the Working
Group should also be in a position to undertake follow-up visits. Follow-up visits are an
essential element of its mandate, the only means to assess and monitor in situ the situation of
personal liberty in various countries.
35.
The usefulness of most of the forthcoming visits of the Working Group might be
hampered by a limitation to eight working days. The abolishment of a number of country
mandates further adds to the necessity of answering calls from the victims of human rights
violations by the thematic mandates.
36.
The Working Group reiterates its call to the General Assembly and the Human
Rights Council to take into account the fact that the Working Group comprises five
members. In order to make best use of its potential and enable it to discharge its mandate
more effectively, the Working Group should be provided with additional funds to be able to
conduct at least three country visits per year and relevant follow-up visits within an
appropriate time frame.
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