In Kharkiv, there was a discussion on how a person can prove that he/she has been detained (beaten up) in a police department?

November 10, 2009, a press conference, devoted to recording of information about persons who come to premises of the bodies of internal affairs for any reason and devoted to human rights of people when they are in premises of the bodies of internal affairs, took place at the press center of the STATUS QUO information agency in Kharkiv.

How to ensure impartial recording of information about all persons, who come to premises of the bodies of internal affairs for any reason? How not to allow violations of human rights and how for policemen to protect themselves from groundless accusations?

November 10, 2009, the following participants of the press conference provided answers to those questions at the press center of the STATUS QUO information agency:

• Andriy Chernousov, leading expert of Kharkiv Institute for Social Studies, member of the Public Council on Provision of Human Rights, affiliated with the Ministry of Internal Affairs of Ukraine;
• Hennadiy Tokarev, advocate, coordinator of offices of free legal assistance under criminal cases in Ukraine; member of the Public Council on Provision of Human Rights, affiliated with the Ministry of Internal Affairs of Ukraine;
• Yuriy Chumak, assistant to the Minister of Internal Affairs, on human rights.

During the press conference, Yuriy Chumak reminded that on the 25 th of September this year the Center for Legal and Political Studies “DUMA” conducted an event called “Voting on Maidan”, whose purpose was to find out about attitude of the residents of the city of Kharkiv and Kharkiv Oblast to work of police workers.

The aim of the poll was not to find out percentage number of persons, who were subject to UNLAWFUL violence on the part of employees of the bodies of internal affairs; however, the level of violence itself — 15% of all respondents and 19.7% of the persons who had an experience of communication with police – tells that usage of force by policemen is a rather common occurrence.

According to Hennadiy Tokarev, in most cases, the actual detainment of persons under suspicion of committing a crime is carried out by employees of operational subdivisions of the bodies of internal affairs, but official registration of detainment of persons is carried out by investigators in almost all cases.

Presence of persons in premises of the bodies of internal affairs without providing them with an official legal status creates prerequisites for violation of their rights. Moreover, without the status of a detained person they do not acquire special rights, stipulated by the legislation.

Since 2006, Ukraine’s first pilot Office has been operating in Kharkiv for provision of free legal assistance to persons who are being prosecuted under criminal cases. The office has been operating under the facilitation of the Ministry of Internal Affairs of Ukraine. Today, the office operates on the basis of agreements, concluded with the Main Administration of the Ministry of Internal Affairs of Ukraine in Kharkiv Oblast and 7 out of 9 regional departments, located on the territory of the city with the population of 1.4 million people.

Two more such Offices operate in the city of Bila Tserkva in Kyiv Oblast and in the city of Khmelnytsky.

According to statistics of operation of these Offices, keeping people in the bodies of internal affairs without registration of the fact of their detainment is a very common violation of the rights of detainees and, moreover, in many cases such keeping lasts for a period of time that exceeds by many times the maximum allowed period of time for keeping of detainees in the bodies of internal affairs (3 hours).

As Andriy Chernousov noted, under the support of the International Renaissance Foundation, Kharkiv Institute for Social Studies created an electronic registration terminal for persons who visit the bodies of internal affairs.

Per decision of the Public Council on Provision of Human Rights, affiliated with the Main Administration of the Ministry of Internal Affairs in Kharkiv Oblast, experimental operation of the electronic register of presence of persons in Zhovtnevyi Regional Department of Police in the city of Kharkiv is being implemented. The implementation is being conducted on the basis of experience of law-enforcement bodies of the countries of the European Union.

At the same time, the system ensures automatic recording of each case of presence of persons in the bodies of internal affairs, who have been called (invited) there due to cases on crimes or in relation with materials, which are under proceedings. The system registers the time of their entry and exit from the bodies of internal affairs, a number of an office and the last name of an officer. Such system is to facilitate the observance of legislation on the part of police workers and secure policemen themselves from groundless accusations of abuse.

Opening of the terminal will take place at 11:00 a.m. on the 11th of November in Zhovtnevyi Regional Department of Kharkiv City Administration of the Main Administration of the Ministry of Internal Affairs of Ukraine in Kharkiv Oblast, at the address: 45, Postysheva Avenue, Kharkiv.

Mass media representatives are invited.

Contact information: Andriy Chernousov, Kharkiv Institute for Social Studies, (0572) 75-11-525

			Mariana Mazur, Rule of Law Program Assistant tel: +380 (44) 482 03 63  email: mazur@irf.kiev.ua office: Kyiv, Artema Street, 44, room 1