VR Committee explains the order of priests' access to persons under arrest
The answer, signed by the Chairman of the Verkhovna Rada Committee Andrei Kozhemiakin, was prepared following the consideration of the appeal of the Pastoral Council at the State Penitentiary Service of Ukraine.
The Committee provides an explanation that Article 12 (part 6) of the Law of Ukraine "On Preliminary Detention" establishes:
"Persons taken into custody have the right to meet with clergymen (chaplains), authorized religious organizations whose statutes (regulations) are registered in accordance with the procedure established by law, to meet their religious needs, without limiting the number of visits, in time free from execution of investigative actions. Powers of clergymen (chaplains) are confirmed by the official appeal of the religious organization to the administration. The administration of the institution helps to ensure the confidentiality of visits."
The VR Committee provided the following clarification: "The permission of the judge or the body conducting the investigation to visit the person taken into custody by clergymen (chaplains) is not required, and law enforcement officials are obliged to act only on the grounds, within the authority and in the manner envisaged by the Constitution and laws of Ukraine."
Concerning the satisfaction of the religious needs of convicts, the Parliamentary Committee noted that the administration of the penitentiary institution and clergymen (chaplains) should act in concert when planning pastoral care. At the same time, the requirements of the legislation must be met, including to prevent unjustified involvement of convicted persons in various kinds of work during the time determined for meetings with clergymen (chaplains).
In May 2015, the Verkhovna Rada adopted a law on the activities of priest chaplains in the bodies and institutions of the penitentiary system for the implementation of pastoral care among arrested and convicted persons. These legislative amendments protected the secret of confession and for the first time ensured the right of persons taken into custody at a meeting with clergymen (chaplains).
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