A new human rights initiative

Draft
APPROVED
by order of the State Department
of Ukraine for the Execution of
Sentences dated “ ” 2009, No.

REGULATION
on the Centre for Preventive Monitoring and Human Rights Protection in the activities of bodies and institutions of the State Penal Service of Ukraine

1. General Provisions
1.1. The Centre for Preventive Monitoring and Human Rights Protection in the activities of bodies and institutions of the State Penal Service of Ukraine (hereinafter – the Centre) is a structural unit of the State Department of Ukraine for the Execution of Sentences (hereinafter – the Department).
1.2. The purpose of the Centre is to establish a system of regular visits to places where persons deprived of liberty are held1, to study and analyse the situation regarding the prevention of torture and other cruel, inhuman or degrading treatment or punishment, and the observance of human rights in the work of bodies and institutions of the State Penal Service of Ukraine (hereinafter – the SPSU) in accordance with international standards in the field of the execution of sentences and the treatment of such persons, as well as to develop recommendations for improvement.

1 Note: in this Regulation, the term “persons deprived of liberty” includes both convicted persons and persons taken into custody. Accordingly, the term “places of detention” is understood to mean any SPSU institution where detention deprives a person of the right of free movement and is compulsory.

1.3. In its activities, the Centre is guided by the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, international treaties ratified by Ukraine in the established manner, regulatory acts of the Department, as well as this Regulation.
1.4. The Centre is directly subordinate to the Head of the Department and is controlled by and accountable to the Public Council under the Department (hereinafter – the Public Council).
1.5. The Centre is headed by the Chief Inspector for Monitoring (hereinafter – the Chief Inspector). The Chief Inspector and regional inspectors for preventive monitoring (hereinafter – Regional Inspectors) are appointed to and dismissed from their positions by the Head of the Department upon the recommendation of the Public Council based on the results of an open competition.
1.6. The Centre consists of: the Chief Inspector and twenty-five Regional Inspectors. The number, structure, and staff of the Centre may be changed by the Head of the Department in coordination with the Public Council.
1.7. The Centre is a legal entity, has its own seal and stationery with its name. Regional Inspectors are also provided with seals and stationery. Employees of the Centre are issued with identification cards of a standard design.
1.8. The Centre involves volunteer public monitors in its activities.
1.9. The material and technical support for the Centre’s activities is provided by funds from the Department and from other sources not prohibited by law. Funding for the current expenses of Regional Inspectors and expenditures related to the activities of volunteer public monitors is provided by the respective territorial departments of the Department.

2. The main tasks of the Centre are:
2.1. Introduction of regular monitoring of the observance of human rights in the activities of bodies and institutions for the execution of sentences and pre-trial detention centres.
2.2. Analysis of the situation regarding the prevention of torture and other cruel, inhuman or degrading treatment or punishment.
2.3. Research into issues of legal and social protection of the personnel of the Penal Service of Ukraine.
2.4. Informing the Head of the Department, authorities and local self-government bodies, and public institutions about the situation regarding the observance of human rights in the activities of bodies and institutions for the execution of sentences and pre-trial detention centres, and preparing analytical-information materials and recommendations on these issues.
2.5. Participation in work to improve the regulatory and legal framework for the activities of the SPSU in accordance with the requirements of international and national regulatory acts on ensuring human rights, as well as decisions of the European Court of Human Rights. Development and submission, together with other structural units of the SPSU, of proposals for the improvement of the Department’s regulatory and legal acts, departmental statistics, and reporting forms. Monitoring of current legislation in the field of ensuring human rights in the activities of bodies and institutions for the execution of sentences.
2.6. Coordination of interaction between the Department, territorial bodies, and institutions for the execution of sentences and pre-trial detention centres with state executive authorities, international and national non-governmental organisations on issues of the prevention of torture and other cruel, inhuman or degrading treatment or punishment, as well as the ensuring of human rights.
2.7. Exercising control over the observance of human rights by bodies and institutions for the execution of sentences and pre-trial detention centres when applying extreme disciplinary measures to convicts or other forms of worsening their situation.

3. The main functions of the Centre are:
3.1. Visiting places of detention and providing recommendations to the administration of bodies and institutions for the execution of sentences and pre-trial detention centres regarding the protection of persons deprived of liberty from torture and other cruel, inhuman or degrading treatment or punishment.
3.2. Monitoring the observance of human rights by the personnel of bodies and institutions for the execution of sentences and pre-trial detention centres.
3.3. Conducting expert examinations of regulatory acts of the Department and its territorial management bodies that affect human rights, and providing conclusions regarding the feasibility of their adoption or approval.
3.4. Coordinating materials on the application of extreme disciplinary measures to convicts or other forms of worsening their situation, and participating in meetings of administrative bodies and the Regional Commission on the distribution, assignment, and transfer of persons sentenced to deprivation of liberty.
3.5. Conducting research on issues of the observance of personnel rights in the activities of the SPSU.
3.6. Developing recommendations for improving the activities of the Department, bodies, and institutions for the execution of sentences in the sphere of preventing torture and other cruel, inhuman or degrading treatment or punishment, and observing human rights.
3.7. Responding to cases of violations of the rights of convicts and personnel by preparing reports to the Head of the Department, prosecutor’s offices, the court, and appealing to mass media and the public, as well as state and local self-government bodies capable of influencing the identified violations.
3.8. Submitting proposals to the Head of the Department and the management of its regional offices regarding the improvement of the regulatory and legal framework of activities, and initiating changes to the regulatory and legal acts of Ukraine in accordance with the requirements of international and national treaties in the field of human rights, as well as decisions of the European Court of Human Rights.
3.9. Representing the interests of the SPSU in state authorities, international and national non-governmental organisations on issues related to the ensuring of human rights.
3.10. Participating in the organisation and conduct of educational events on issues of ensuring human rights and in scientific-methodological support for the activities of the SPSU regarding the ensuring of human rights.
3.11. Ensuring prompt notification of the Head of the Department in cases of high-profile incidents or human rights violations in the activities of bodies and institutions for the execution of sentences and pre-trial detention centres; conducting checks of the actions of SPSU officials regarding the ensuring or observance of human rights within the competence of the Department.
3.12. Monitoring mass media materials regarding human rights issues in the activities of bodies and units of the SPSU.
3.13. Providing consultative and organisational-methodological assistance to structural and territorial bodies and institutions for the execution of sentences, and pre-trial detention centres on issues of ensuring human rights in their activities.

4. To implement the assigned tasks, the personnel of the Centre have the right to:

4.1. Select, engage, and assign volunteer public monitors to the relevant bodies and institutions for the execution of sentences, whose activities are organised on the basis of a separate Regulation;
4.2. Visit bodies and institutions for the execution of sentences freely, without prior coordination, and meet with convicts and persons taken into custody, in private, without time limits, on issues of human rights observance.
4.3. Bring up for consideration by the board or meetings issues regarding the protection of persons deprived of liberty from torture and other cruel, inhuman or degrading treatment or punishment, and the observance of their rights.
4.4. Conduct group meetings with convicts and personnel.
4.5. Apply various forms and methods of research (questionnaires, surveys, visual observation, etc.) when studying the state of human rights observance and the activities of bodies and institutions for the execution of sentences.
4.6. Conduct investigations into facts of the use of torture and other cruel, inhuman or degrading treatment or punishment by personnel or other persons, and other human rights violations. Based on their results, provide the management of the Department, its territorial management bodies, and the administration of bodies and institutions for the execution of sentences with proposals regarding measures to respond to the identified violations.
4.7. Study and analyse departmental statistics and other data necessary for the performance of the tasks assigned to the Centre.
4.8. Together with interested structural and territorial bodies and units of the SPSU, ensure the preparation and conduct of meetings, conferences, seminars, and training sessions.
4.9. Engage specialists from higher educational institutions and other scientists for the development, justification, organisation, and implementation of relevant measures to ensure human rights.
4.10. Submit proposals that are mandatory for consideration and implementation of appropriate measures regarding ensuring the prevention of torture and other cruel, inhuman or degrading treatment or punishment, and the observance of human rights.
4.10. Conduct personal receptions of citizens, convicts, and persons taken into custody regarding the violation of their rights and legitimate interests.
4.11. Consider and resolve on the merits appeals from citizens, convicts, and personnel on issues that fall within the competence of the Centre.
4.12. Organise and conduct targeted inspections, verifications of reports regarding facts of human rights violations in institutions for the execution of sentences, as well as individual applications and complaints.
4.13. Obtain explanations from relevant officials regarding facts set out in appeals and complaints.
4.14. Apply with requests to organisations and institutions on issues related to ensuring the rights and legitimate interests of citizens.

5. Rights and duties of the Chief Inspector.
5.1. The Chief Inspector is an employee of the SPSU, appointed on a competitive basis under an employment contract for a period of 1 year, is directly subordinate to the Head of the Department, and is controlled by and accountable to the Public Council.
5.2. The Chief Inspector ensures the performance of representative functions: acts on behalf of the Centre as a whole; represents the interests of the Centre in all state or public bodies, institutions, and organisations, etc.
5.3. The Chief Inspector:
5.3.1. Bears personal responsibility for the proper performance of the tasks and functions assigned to the Centre.
5.3.2. Generalises the practice of observing the rights of persons in the activities of bodies and institutions for the execution of sentences and pre-trial detention centres, and the rights of SPSU personnel, determines the causes of existing violations, and develops general measures for their elimination, as well as the state of rule-making work.
5.3.3. Participates in the work of the board, other advisory and collegial bodies, as well as in meetings held in the Department in the event of consideration of issues related to the observance of human rights.
5.3.4. Within the limits of their competence, submits proposals to the Department’s management regarding the improvement of the work of structural units and services, and the conduct of special scientific research on problems of human rights observance in the activities of internal affairs bodies.
5.3.5. Initiates and participates in checks of official activities carried out by the Department that concern the observance of human rights by personnel.
5.3.6. In the established manner, requests and receives from bodies, units, and institutions of the SPSU documents and materials necessary for the performance of tasks assigned to the Centre.
5.3.7. Coordinates the activities of the Centre with other structural units of the Department, bodies, and units of the SPSU.
5.3.9. Expresses their opinion regarding candidates for vacant positions of Regional Inspectors, develops and submits for the consideration of the Head of the Department, after coordination with the Public Council, recommendations regarding the selection, placement, and training of Centre employees. Ensures professional training for the Department’s personnel and the improvement of the general educational and professional level of employees in the field of human rights.
5.3.10. Reviews correspondence received by the Centre.
5.3.11. Ensures the proper state of material and technical support for Regional Inspectors and provides them with methodological assistance.
5.3.12. Generalises information and reports received from Regional Inspectors and reports on these issues to the Head of the Department and the Public Council.
5.4. The Chief Inspector does not have the right to interfere in the current activities of Regional Inspectors.
5.6. Directives of the Chief Inspector on issues of the activities of Regional Inspectors are subject to coordination with the Public Council.
5.7. Qualification requirements for the Chief Inspector are: practical work experience in the field of human rights protection of at least five years; higher education in a specialty related to the specifics of SPSU activities; fluency in the Ukrainian language; experience in scientific research; presence of scientific works or methodological developments on human rights issues; composure; personal achievements in the human rights sphere or in the field of execution of sentences; communicativeness; tactfulness; non-conflictual nature; absence of an unexpunged or non-cancelled criminal record; full civil and physical capacity; and improvement of their educational and practical level.
5.8. The powers of the Chief Inspector are terminated upon the expiration of the employment contract, at the request of the Chief Inspector, or due to their inability to perform their duties for a long period (at least 4 consecutive months) due to health conditions or other reasons.
5.9. The powers of the Chief Inspector may be terminated prematurely in the event of improper performance of assigned duties. In this case, dismissal is carried out by the Head of the Department upon the recommendation of the Public Council or based on an appeal from a simple majority of Regional Inspectors.

6. Rights and duties of Regional Inspectors
6.1. Regional Inspectors are appointed on a competitive basis under an employment contract for a period of 1 year and are directly subordinate to the Head of the Department.
6.2. Regional Inspectors are employees of the SPSU who are appointed to and dismissed from their positions by the Head of the Department upon the recommendation of the Public Council.
6.3. Regional Inspectors may work in this position on a part-time basis, combining work in the Centre with scientific, pedagogical, human rights, or other public activities.
6.4. The competence of a Regional Inspector extends to all bodies and institutions for the execution of sentences operating on the territory of the relevant region.
6.5. Relations between a Regional Inspector and the territorial management of the Department are built on the basis of cooperation. At the same time, the management of the territorial department of the Department does not have the right to interfere in the activities of the Regional Inspector with the aim of reducing their powers or otherwise hindering the proper performance of their functions and tasks.
6.6. In their activities, Regional Inspectors do not have the right to interfere in the operational-service activities of bodies and institutions for the execution of sentences, unless this is dictated by the interests of the goal of protecting human rights or the prevention of torture and other cruel, inhuman or degrading treatment or punishment.
6.7. Qualification requirements for Regional Inspectors are: possession of higher education; fluency in the state language; skills in analytical or scientific work, work with documents, knowledge of the basics of office work, basic international and domestic regulatory and legal documents in the field of human rights observance by law enforcement agencies; experience in the SPSU or human rights bodies or organisations of at least three years; fluency in computer programs as a user, skills in working with modern office equipment and electronic communications; composure; personal achievements in the human rights sphere or in the field of execution of sentences; communicativeness; tactfulness; non-conflictual nature; absence of an unexpunged or non-cancelled criminal record; full civil and physical capacity; and improvement of their educational and practical level.
6.8. Persons whose relatives are held in bodies or institutions for the execution of sentences or pre-trial detention centres subordinate to the Regional Inspector during their tenure, as well as persons participating in judicial proceedings involving detained persons, cannot be appointed to the position of Regional Inspector.
6.9. Regional Inspectors:
6.9.1. Participate in the organisation of monitoring the observance of human rights in the activities of bodies and institutions for the execution of sentences and pre-trial detention centres in the region, and identify problems arising in practical activities in this area.
6.9.2. Participate in responding to allegations of torture and cruel treatment.
6.9.3. Evaluate the state of human rights observance in the activities of bodies and institutions for the execution of sentences and pre-trial detention centres, and identify conditions that facilitate it, as well as violations of discipline and legality by personnel at the regional level.
6.9.4. If necessary, independently or jointly with representatives of the territorial management of the Department, carry out inspections of bodies and institutions for the execution of sentences and pre-trial detention centres in the assigned territory.
6.9.5. Initiate issues or independently conduct inspections regarding facts of human rights violations by personnel. If necessary, highlight the results in the mass media.
6.9.6. Carry out visits to bodies and institutions for the execution of sentences to monitor the observance of constitutional human rights and freedoms.
6.9.7. Develop methodological recommendations for improving activities in the relevant territory and generalise positive work experience.
6.9.8. Monitor materials from local mass media regarding bodies and institutions for the execution of sentences and pre-trial detention centres of the relevant region.
6.9.9. Participate in the work of boards and operational meetings of the Department’s territorial offices and submit proposals for improving work.
6.9.10. In the established manner, inform the Head of the Administration on issues falling within their competence.
6.9.11. Prepare and submit to the Department and the Public Council reports on the results of their activities.
6.9.12. Submit proposals to the Chief Inspector regarding the improvement of the Centre’s activities.
6.10. Regional Inspectors bear personal responsibility for compliance with the provisions of legislation and departmental acts regarding security requirements in bodies and institutions for the execution of sentences.
6.11. When performing their duties, questioning employees, convicts, and other persons, and conducting meetings, Regional Inspectors have the right to use audio and video equipment and other technical means in the manner prescribed by current legislation.
6.12. Directives of Regional Inspectors regarding the cessation of identified violations are subject to mandatory consideration by the subordinate bodies and institutions for the execution of sentences and pre-trial detention centres. In case of failure to take measures according to the directive of the Regional Inspector, they have the right to appeal to the Head of the Department for an appropriate response.
6.13. The powers of a Regional Inspector are terminated upon the expiration of the employment contract, at the request of the Regional Inspector, or due to their inability to perform their duties for a long period (at least 4 consecutive months) due to health conditions or other reasons.
6.14. The powers of a Regional Inspector may be terminated prematurely in the event of improper performance of assigned duties. In this case, dismissal is carried out by the Head of the Department upon the recommendation of the Public Council.

Executors:
Working group of the Public Council under the SDEUS
Co-chair of the Public Council Alla Mukshymenko