November 29, 2005

Ukraine: On the Margins

Rights Violations against Migrants and Asylum Seekers at the New Eastern Border of the European Union

Executive Summary
Key Recommendations
Background
Migration Trends in Ukraine..
External Dimension of E.U. Asylum Policy
Readmission Agreements
E.U. Relations with Ukraine..
Operation of Existing Bilateral Readmission Agreements
Readmission Agreement with Slovakia..
Readmission Agreement with Poland..
Readmission Agreement with Hungary
Proposed E.U.-Ukraine Readmission Agreement
Ukraine as Location for Future Regional Protection Programs
Treatment of Migrants and Asylum Seekers in Ukraine
Relevant Legal Standards
Limitations of the Asylum and Migration System...
Impact of Repeated Institutional Restructuring..
Denial of Access to Asylum Procedures
Lack of Protection against Return to Torture..
Impact of Detention on the Right to Seek Asylum...
Refusal of Guards to Transfer Applications
Systematic Profiling of Foreign Nationals
Processing Within the Ukrainian Asylum System...
Alternative Protection: UNHCR's Refugee Status Determination..
Detention of Migrants and Asylum Seekers
Legal Standards on Detention of Asylum Seekers
Profile of Immigration Detainees in Ukraine..
Women and Children in Detention..
Prolonged and Arbitrary Detention..
Ill-treatment in Detention..
Beatings
Substandard Conditions of Detention..
Overcrowding..
Poor Nutrition..
Limited Access to Fresh Air, Natural Light, and Exercise..
Unhygienic Toilet and Bathing Facilities
Inadequate Medical Treatment
Limited Access to Exercise and Recreational Activities
Inadequate Heating during Winter
Procedural Rights Violations
Information on Rights and Procedures
Access to Legal Counsel
Challenging the Lawfulness of Detention..
Access to Interpreters
Communication with the Outside World..
Expansion of Detention Capacities in the Absence of Adequate Legislation
Conditions for Those Not in Detention
Reception Conditions
Integration for Recognized Refugees
Deportation and Refoulement Concerns
Deportations
Recommendations
Methodology
Acknowledgements