The Ombudsman calls for the repeal of the investigative powers of the State criminal-Executive service

The Ukrainian Parliament Commissioner for human rights (Ombudsman) and the Ukrainian Helsinki Union on human rights (HSPC) call to change the law to strip the investigative powers of the State criminal-Executive service of Ukraine (the GUYS) and stop the creation of investigative units.

The corresponding appeal to the Prime Minister of Ukraine Vladimir Groismanand Chairman of the Verkhovna Rada Andrew Parubiy and the Minister of justice Pavlo Petrenko announced the press service of the Ombudsman on Tuesday, January 17.

The Ombudsman and the Helsinki Union of Ukraine remind that on 21 December 2016 the Verkhovna Rada adopted the law «On High Council of justice» include provisions giving GUYS the authority to carry out pre-trial investigation of all crimes «committed on the territory or in the premises of the GUYS». According to the authors, this is contrary to the principles of proper investigation laid down in the European Convention for the protection of human rights.

Also the Ombudsman and HSBC believe that these changes were made without observance of procedure established by law — was not discussed in the parliamentary Committee on legislative support of law enforcement and «was initiated through the MPs, the Ministry of justice of Ukraine, which allowed to bypass the approval procedure of submitting a government bill».

«We are convinced that the provision of investigative powers, the GUISE is a violation of the fundamental principles of a fair and effective investigation procedure, according to which nobody may be a judge in his own case. Such changes will only exacerbate the problem of ineffective investigations into cases of torture and other abuses in places of detention, which is a system for the recognition of many international bodies», — emphasized in circulation.

In this context, the Ombudsman and HSBC call on the Prime Minister, the speaker of Parliament and Minister of justice to take steps to «as soon as possible to cancel changes in the legislation regarding the granting of investigative powers to the GUYS and to immediately stop the creation of investigative units of the GUYS».




The Ombudsman calls for the repeal of the investigative powers of the State criminal-Executive service 17.01.2017

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Январь 17th, 2017 by
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