Experience of the Custody Records system in Ukraine in the context of human rights issues

The article examines the experience of implementing and operating the Custody Records system in Ukraine, a modern information subsystem designed to ensure transparency, accountability and respect for the rights of detainees in the activities of the National Police. Based on an analysis of regulatory and legal acts, organisational documents, official data and the results of practical application, the article describes the key stages in the development of the system, its functional capabilities and its significance for ensuring standards of treatment of persons deprived of their liberty. Particular attention is paid to the role of the custody officer as a new subject of administrative and legal relations responsible for monitoring the observance of the rights of detainees, as well as to the issue of introducing a ‘smart’ video recording system that minimises the possibility of interference or manipulation of data. It is shown that Custody Records allows for complete, timely and reliable recording of all actions taken in relation to a detained person, including documentation of their state of health, recording of bodily injuries, and the actions of lawyers, medical workers and law enforcement officers. The relationship between the functioning of the system and the reduction in the number of complaints about police actions has been identified, which indicates its effectiveness as a human rights protection tool. The structure and content of the 2022 Ministry of Internal Affairs Instruction, which regulates the procedure for creating and maintaining electronic detention cards, the specifics of access to information and the terms of information storage, are disclosed. At the same time, the article outlines a number of problems that remain in the context of the practical application of the system: the need to define the administrative and legal status of the custody officer, the need to provide police departments with adequate technical equipment, the standardisation of zoning of premises for detainees, and the regulation of the use of video data. It is emphasised that the further development of Custody Records should be carried out under martial law, which creates additional challenges but at the same time confirms the importance of ensuring human rights even in crisis situations. It was concluded that the Custody Records system is an effective tool for increasing trust in law enforcement agencies, reducing cases of ill-treatment and increasing police accountability. Its development should become one of the priorities for improving administrative and legal mechanisms in the field of human rights protection and security sector reform.