December 16, 2010

Buffeted in the Borderland

The Treatment of Asylum Seekers and Migrants in Ukraine

Map of Ukraine
I. Summary
Detention of Migrants
Ukraine’s Dysfunctional Asylum System
Unaccompanied Children
Refoulement
II. Recommendations
To the Government of Ukraine
To the Governments of Slovakia and Hungary
To the European Union
To UNHCR
To the UN Working Group on Arbitrary Detention, the UN Special Rapporteur on Torture, and the UN Special Rapporteur on the Human Rights of Migrants
III. Methodology, Scope, and Terminology
IV. Background
External Dimension of EU Asylum and Migration Policy
Readmission Agreements
The EU-Ukraine Readmission Agreement
EU Relations with Ukraine in the Spheres of Migration and Asylum
EU Burden Sharing through Resettlement
V. A Dysfunctional Asylum System
Access to Asylum: The Failure of the SBGS to Forward Asylum Applications or to Inform Detainees of the Asylum Procedure
Asylum Interviews
Legal Gaps in Asylum Standards
Unaccompanied Children Seeking Asylum
Corruption in the Asylum Process
Extradition and Ukraine’s Nonrefoulement Obligations
VI. Torture and Ill-Treatment of Migrants in State Custody
Abuses upon Apprehension
Torture during Interrogations
VII. Detention of Migrants and Asylum Seekers
Legal Authority for Detention
Inadequate Legal Representation; Lack of Effective Remedies to Challenge Detention
Paying for Detention and Transfers: Sanctioned (and Unsanctioned) Corruption
Detention of Unaccompanied Children
Lack of Gender Sensitivity and Cultural Respect
Preparations for Visitors: Clean Up and Concealment
Conditions of Detention and Treatment in Detention
Specially Equipped Premises
Temporary Holding Facilities
Migrant Accommodation Centers
International Standards on Conditions of Detention
VIII. Protection, Education, and Housing for Unaccompanied Migrant Children
Age Assessment
Access to Education and Housing
Housing for Asylum Seeking Children
Housing for Children Deprived of Family Care
Single Adult Males in Centers for Families and Unaccompanied Children
Access to Education
Trafficked Children
IX. Readmissions from Neighboring EU Countries
Slovakia
Hungary
Hungary and Slovakia’s International Legal Obligations Governing the Returns of Migrants and Asylum Seekers and the Right to Seek Asylum
Acknowledgements