Valeria Lutkovska submitted a petition to the Ministry of Justice regarding the cessation of operations of 'special forces' units in penitentiary institutions
The Authorised Representative of the Verkhovna Rada of Ukraine for Human Rights, Valeria Lutkovska, has submitted a petition to Ukraine's Minister of Justice, Alexander Lavrinovich, concerning the fact that over the past five years, special-purpose units operating outside legislative regulation have been actively employed within the structure of the State Penitentiary Service. The Authorised Representative for Human Rights stated in her petition: 'In order to ensure the constitutional rights of persons to life, personal integrity and humane treatment whilst in penitentiary institutions, measures should be taken to cease the functioning of special-purpose units within the structure of the State Penitentiary Service of Ukraine until the matter of the legal and regulatory basis for their activities is finally resolved'.
Following the systematic monitoring conducted by the Authorised Representative for Human Rights regarding the status of compliance with the rights and lawful interests of persons held in custody and those serving sentences in conditions of isolation from society, the question was raised concerning the existence of special-purpose units within the structure of the State Penitentiary Service of Ukraine, which have been functioning for a considerable time without proper legal and regulatory foundation.
At present, the state registration of the order of the State Department of Ukraine for Execution of Punishments dated 10.10.2005 No. 167, registered with the Ministry of Justice of Ukraine on 16.02.2006 under No. 138/12012 'On approval of the Regulations on the special-purpose unit', which determined the procedure for the use of such units in penal institutions and pre-trial detention centres, has been revoked on the basis of the conclusion of the Ministry of Justice of Ukraine dated 24.12.2007 No. 15/88 (Order of the Ministry of Justice of Ukraine No. 1302/5 dated 26.12.2007). The aforementioned order was excluded from the State Register of Legal Acts on 14.01.2008.
In light of the above, proceeding from Article 101 of the Constitution of Ukraine, paragraph 3 of Article 3, and Articles 15 and 22 of the Law of Ukraine 'On the Authorised Representative of the Verkhovna Rada of Ukraine for Human Rights', the corresponding petition was submitted.