Problems of readmission, extradition and prevention of violent treatment of migrants: the role of law enforcement agents and court bodies of Ukraine in present-day conditions


On May 12-13, 2011 a training was held in Chernihiv the topic of which was “Protection of migrants and asylum seekers’ rights. Implementation of Agreement about Readmission between Ukraine and EU” for the representatives of police, border service and judges of Chernihiv region.

Necessity of training support of law enforcement agents, judges and other state servicemen arises on migration issues in the frames of Readmission Agreement realization between Ukraine and EU as well as due to the last changes in the legislation of Ukraine in the field of migration especially on the problems of strengthening responsibility for the break of the rules on stay in Ukraine and organization of illegal migration, regulation of procedure of forced expel (extradition) of persons, creation of separate migration body – State Migration Service of Ukraine. The important component in regulation of migration processes is non-admission of violation of the rights of asylum seekers and prevention of cruel treatment of illegal migrants.

Dmytro Plechko, the senior adviser on legal question of UNHCR in Ukraine mentioned that series of problems arise in the process of realization of readmission procedure between Ukraine and EU. Especially the EU countries (e.g. Slovakia) applying procedure of quicken readmission often violate themselves the rights of the asylum seekers by means of non-explanation of their rights, non-provision with the right to apply for refugee status grant to the country of EU and illegal return of illegal migrants to Ukraine.

The chief of Department of Work with Foreigners of Cherkasy Border Detachment Andriy Ivanskyi indicated that for the last years the flow of illegal migration through Ukraine has changed a little. “Before, the most part of illegal migrants from countries of Asia and Africa chose land way arriving to Ukraine through the Russian border until getting to EU countries through Ukraine. Nowadays, they choose more legal ways of getting to Ukraine (e.g. possibility to study at Ukrainian higher establishments) aiming at further moving to EU countries.

Andriy Chernousov, expert of Kharkiv Institute of Social Investigations stressed upon the necessity to follow the rights of asylum seekers by the representatives of police and border service in the context of fight against illegal migration. Law enforcement agents often resort to manifestations of migrant phobia and ruthless treatment of detained illegal migrants. It is especially confirmed by the reports of international human rights organizations concerning Ukraine.

Tuhan Ediev, program director of Chernihiv Human Rights Public Committee separated the basic rights violations of asylum seekers they face during detention and stay in long/short-term detention centers in Ukraine.  In the first place it concerns the resort of physical power by law enforcement agents at detention, absence of interpreters, not providing with a right to apply for asylum in Ukraine, not providing with the right to be present in the court during consideration of the case, etc.

Addressing to the participants of the seminar for the judges, the chief of Court of Appeal of Chernihiv region, Sadig Tyagiev pointed out that the last changes in migration legislation demand special attention from representatives of judicial corps to case consideration as to extradition of foreigners to the countries where they can experience tortures and cruel treatment.

Actions were organized by Chernihiv Public Committee of Human Rights with assistance of PO “Court Association of Ukraine “Foundation of Justice Assistance” in the frames of realization of the project “Realization of advocacy company on rights protection of asylum seekers and persons who are in the procedure of readmission in the centers of foreigners’ keeping in Ukraine” which is realized with the assistance of Institute of Open Society.