The Council of Europe in the framework of the European Union and Council of Europe joint project “EU and Council of Europe Working Together to Strengthen the Ombudsperson’s Capacity to Protect Human Rights” published a “Re-Assessment of the operational capacities and needs of the National Preventive Mechanism (NPM) of Ukraine” report.

According to the conclusions of the Project expert, it is evident that the NPM of Ukraine is making progress. The Mechanism continues to function effectively and change positively having fulfilled most of the recommendations provided in 2015 during the previous assessment.

The main idea of the NPM is to introduce a system of regular, independent visits to any place under the jurisdiction and control of the State where persons are or may be detained. These visits are intended to enhance, where appropriate, the protection of such persons against torture and other cruel, inhuman or degrading treatment or punishment. The NPM of Ukraine covers approximately 5,000 different places of deprivation of liberty.

“In the course of the last few years, despite the constant lack of financial resources the NPM of Ukraine got established as a solid and operational mechanism with the capacity to fulfill its mandate under the domestic Laws and the Optional Protocol to the UN Convention against Torture,” stressed the author of the report George Tugushi, who is a consultant to the Project “EU and Council of Europe Working Together to Strengthen the Ombudsperson’s Capacity to Protect Human Rights”, a former member of the European Committee for the Prevention of Torture (CPT) and former Vice-Chairperson of the UN Committee against Torture (CAT).

Despite numerous challenges, the NPM of Ukraine managed to implement few important internal reforms, ensured broader coverage and regular visits to the places of deprivation liberty, improved analytical and follow-up activities, took an active role in providing advice for the improvement of national legislation.

Table below presents the statistical data of the visits carried out by the NPM to different types of institutions in the course of 2018 and 2019 years:

Despite economic problems in the country, the NPM received additional budgetary funding: for 2019 the decision was made to provide additional 2.6 MLN UAH from the State budget to the office of the Commissioner to support operation of the NPM.

Public monitors are engaged to the NPM activities. While in 2015 the NPM worked with around 100 public monitors in different regions of Ukraine their number increased to 175 by 2020.

The role of the regional offices of the Commissionaire in the work of the NPM has been seriously reinforced, it contributed to the expansion of the NPM activities as well as alleviating pressure on the NPM Department in Kyiv.

The NPM continues cooperation with national and international partners and benefits from the assistance of civil society organizations, international human rights mechanisms.

However, the NPM still requires reinforcement of the central Office team, increased capacities to hire external experts, especially in the areas missing in the staff. Most of the monitoring groups are short of doctors and lack of psychiatrists is acute as well. Visits to psychiatric and social care institutions mostly take place without psychiatrists.

Transportation remains as a matter of concern both on central and regional levels. Reliance on public transport by the NPM is still very high.

Moreover, the NPM needs to revise internal regulations and provide NPM teams more generous time limits to work on the reports, look into the role of the public monitors and aim at increasing their contribution as well as providing them DSA when on visits, invest more recourses in training and internal communication.

Additional notes:

In 2006, Ukraine ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Protocol sets the obligation for States Parties to establish a national preventive mechanism.

The NPM has been operating in Ukraine since 2012. Within the structure of the Secretariat of the Ombudsperson of Ukraine, a specialized structural unit - the Department for the Implementation of the National Preventive Mechanism - was established.

The European Union and Council of Europe joint project “EU and Council of Europe working together to strengthen the Ombudsperson’s capacity to protect human rights” aimed at ensuring better protection of human rights in Ukraine and enhancing operational capacities of the Ombudsperson’s Office in the area of prevention of ill-treatment in places of deprivation of liberty.