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. 14

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