Thanks to intervention of the Commissioner the right of the applicant for protection is restored and the judgment is fulfilled

28/03/2016 17:42

The Ukrainian Parliament Commissioner for Human Rights carried out proceeding concerning the case of the citizen D. regarding non-fulfillment of the resolution of Oktiabrskyi district court of the Mykolayiv Region on sending of the mentioned person in the Kherson region mental health facility for carrying out in-patient forensic-psychiatric examination.

During proceedings it was established that the citizen D. is charged by Oktiabrskyi district court of the Mykolayiv Region under the third  party of article 185 of the Criminal Code of Ukraine with 3 years of imprisonment. Following results of consideration by the mentioned court of the petition from the citizen D. concerning re-sentence upon newly discovered evidence in June 2015 the decision was adopted concerning commission of lunacy for him which carrying out was entrusted to the Kherson region mental health facility.

However upon inquiry of a pre-trial detention center, the Kherson region mental health facility informed of impossibility of carrying out examination of the citizen D. due to the lack of protection in the unit of forensic-psychiatric examination in the mentioned hospital.

Proceeding from abovementioned, the Commissioner sent the letter to National police of Ukraine for undertaking of appropriate measures of response.

In response to the letter of the Commissioner National police Ukraine informed that the Main department of National police in the Kherson region organized the round-the-clock protection of the 7th unit of forensic-psychiatric examination of the Kherson region mental health facility by tours of duty as a part of employees of a company of police of special designation of the Main department of National police in the Kherson region. The mentioned tours of duty  are equipped with service firearms and non-lethal weapon and provided with a radio communication.

So, thanks to intervention of the Commissioner the right of the applicant for protection is restored and the judgment which concerns the citizen D. on stationary forensic-psychiatric examination is fulfilled.