Author
According to Ukrainian legislation, the MCC should have separate accommodations for men and women, with specific living quarters for pregnant women, parents with children, and families. The facility should include a medical centre with an isolator, as well as a kitchen, dining room, and laundry facility. Technically, the rules existing in accordance with Ukrainian legislation align with several requirements of the EU at first glance. However, Ukraine lacks the presence of greater guarantees for vulnerable individuals.
Pursuant to the Regulation on Migrant Custody Centres, unaccompanied children are not subject to placement in MCC but are sent to a children’s shelter of the Children’s Service.[1] No other categories are mentioned in the Regulation. Also, in the Code of Administrative Procedure, there are no restrictions or specific categories which cannot be detained.
NGOs and the Parliamentary Commissioner’s office rarely report cases of detention of unaccompanied children, as such instances are infrequent. One case was mentioned in 2018, when monitors found two Bangladeshi unaccompanied minors in Chernihiv MCC, who had been in the detention facility for almost six months, but during this time had not been appointed a legal representative to protect their interests before the Ukrainian state authorities.[2] However, such cases are not common in practice. In the Communication from Ukraine concerning the group of cases of Kebe and Others v. Ukraine to the Council of Europe, the Government confirmed that in 2022-2024, no unaccompanied minors from foreign nations had been placed at the MCC.[3]
[1] Para. 6 Model Regulation on the Migrant Custody Centres.
[2] Cheline, Rights of Minor Migrants from Bangladesh are Grossly Violated in Chernihiv Region – Parliament Commissioner, 09 January 2018, available in Ukrainian here.
[3] Committee of Ministers, 1507th meeting (September 2024) (DH) – Action plan (02/07/2024) – Communication from Ukraine concerning the group of cases of Kebe and Others v. Ukraine, 11 July 2024, DH-DD(2024)779, available here.