KIEV, Ukraine -- Migrants and asylum seekers, including children, risk abusive  treatment and arbitrary detention at the hands of Ukrainian border guards and  police, Human Rights Watch said in a report released today.
Some migrants recounted how officials tortured them, including with electric  shocks, after they were apprehended trying to cross into the European Union or  following their deportation from Slovakia and Hungary.
The 124-page  report, "Buffeted in the Borderland: The Treatment of Asylum Seekers and  Migrants in Ukraine," is based on interviews with 161 refugees, migrants, and  asylum seekers in Ukraine, Slovakia, and Hungary. It shows that although some  conditions in migration detention facilities have improved, Ukraine subjects  many migrants to inhuman and degrading treatment and has been unable or  unwilling to provide effective protection for refugees and asylum  seekers.
"EU states are returning people to Ukraine to face abuse," said  Bill Frelick, Refugee Program director at Human Rights Watch and a co-author of  the report. "Despite a readmission deal and money the EU has poured in, Ukraine  apparently isn't up to the task of respecting the migrants' rights and  protecting refugees."
The readmission agreement between the EU and  Ukraine that came into force on January 1, 2010, provides for the return of  third-country nationals who enter the EU from Ukraine. In recent years, the EU  has spent millions of Euros to improve Ukraine's migration and asylum  system.
But Human Rights Watch noted that neither the agreement nor that  funding absolve EU member states of their obligations under the EU charter of  fundamental rights to provide access to asylum and not to return people to face  torture or ill-treatment or of the EU members' responsibilities toward  unaccompanied children.
More than half of the migrants interviewed who  had been returned from Slovakia and Hungary said that they were beaten or  subjected to ill-treatment in Ukraine. Most had tried to seek asylum in Hungary  or Slovakia, but said their claims had been ignored and they were quickly  expelled. Both countries also expelled unaccompanied  children.
Readmission agreements are a cornerstone of the European  Union's so-called externalization strategy for asylum and migration. The core of  this strategy is to stop the flow of migrants and asylum seekers into the EU by  shifting the burden and responsibility for migrants and refugees to neighboring  countries they pass through.
"The EU should suspend its readmission  agreement until Ukraine demonstrates its capacity to provide a fair hearing for  asylum seekers, to treat migrants humanely, and to guarantee effective  protection for refugees and vulnerable individuals," Frelick said.
While  Human Rights Watch did not document evidence that would suggest torture of  migrants is routine in Ukraine, those interviewed said it does occur. An Iraqi  man spoke of his interrogation after his arrest by Ukrainian border guards in  late April:
The treatment was savage. They beat us and kicked us and  abused us verbally. They also electric shocked me. They shocked me on my ears. I  admitted that I wanted to cross the border and that we were smuggled.... I felt  my heart was going to stop. I was sitting on a chair. I just admitted  everything, but they didn't stop torturing me.
Many migrants who were not  tortured nevertheless alleged that they were subjected to beatings, food  deprivation, or other inhuman or degrading treatment. All of these abuses take  place in a climate of impunity, Human Rights Watch found, with victims fearful  of reporting the abuse and perpetrators not held to account.
Although  conditions of migrant detention in Ukraine, such as severe overcrowding and  unsanitary conditions, appear to have improved since the publication in 2005 of  a Human Rights Watch report about Ukraine, "On the Margins: Rights Violations  against Migrants and Asylum Seekers at the New Eastern Border of the European  Union," serious problems in migration detention remain.
They include  ill-treatment, lack of access to the asylum procedure, detention of children,  co-mingling of men with unrelated women and of children with adults, corruption,  and the arbitrary and disproportionate use of migrant detention in  general.
From August 2009 through August 2010, Ukraine was unable to  recognize or provide protection to refugees because the asylum system was  paralyzed by a political standoff. Although asylum processing has resumed, the  system remains dysfunctional, Human Rights Watch said.
Because so many  asylum seekers said they had to bribe migration officials to file asylum  applications, get an interpreter for the asylum interview, or obtain required  documentation, Human Rights Watch called on the authorities to investigate  allegations of corruption and ensure appropriate disciplinary or criminal  sanctions.
Human Rights Watch found that State Border Guard Service  officials frequently fail to submit applications from detained asylum seekers to  the Regional Migration Service, which conducts asylum interviews. The number of  people released from border guard-controlled temporary holding facilities  because their asylum applications had been accepted by the regional migration  service fell dramatically, from 1,114 in 2008 to 202 in 2009.
Asylum  seekers interviewed by Human Rights Watch complained that the Regional Migration  Service's asylum interviews were superficial, that interpreters were often  unqualified, and that the interviewers were sometimes harsh and judgmental. An  Afghan who appeared to have a plausible claim said that his interviewer told him  during the interview, "One hundred percent of you will be rejected."
The  asylum system also has major legal gaps. Ukrainian law does not provide for  protection of those who flee generalized violence and war or for trafficking  victims. Only two Somalis and one unaccompanied child are known to have been  granted refugee status, and children are barred from entering asylum procedures  altogether in some regions of the country.
Unaccompanied children face  particular obstacles to getting needed documentation and access to the asylum  procedure because they can only file a claim with a legal representative, and  the authorities in some regions refuse to appoint legal representatives for  them. Decision-making is slow, and many children become adults before their  applications are decided, which works against their claims.
Worse, border  guards may detain children for weeks in a jail-like facility euphemistically  called a "dormitory." Border guard officials put children's safety at risk by  detaining them in this dormitory jointly with unrelated adults, including girls  with boys and men, Human Rights Watch found.
"Despite the abysmal  treatment these children receive in Ukraine, both Slovakia and Hungary have  summarily returned unaccompanied children," said Simone Troller, senior  children's rights researcher at Human Rights Watch and a co-author of the  report. "In practice, they are returned on the same basis as adults, without  considering their vulnerability and lack of protection in Ukraine."
A  17-year-old unaccompanied Afghan boy described his experience in Ukraine after  being deported from Slovakia:
We passed the Slovakia border, but we were  caught. We asked the police to help us. After one day and one night we were  deported....I could not understand the paper I signed.... I'm scared to talk  about Ukrainian soldiers at the border. They beat us a lot. They beat us to  speak Russian. As soon as they took us they started beating us.... It was  nighttime.... We walked to another room. A man in civilian clothes was just  beating me. "How did you pass the border?" He took us one at a time. He kicked  me and also hit me with a police stick and punched me for an hour, beating me  the whole time. At first it was just him, then three or four others in uniform  hit.
Despite a six-month limit on migration detention, severely  overworked Ukrainian courts are usually not able to review cases in that time  frame. In several instances, migrants said they were issued a six-month  detention order but were never presented before a judge or given an opportunity  to challenge their detention.
Many, including children, reported that  border guards threatened to keep them detained for the full six months unless  they paid a bribe.
Nothing in Ukrainian law prohibits the authorities  from re-arresting migrants shortly after release and detaining them for another  six months. Human Rights Watch met a number of migrants who had been detained  multiple times. A 23-year-old Pakistani detainee at the Zhuravychi Migrant  Accommodation Center said:
They just open the gates and tell you to  leave. We are 40 kilometers from Luts'k. When we Pakistanis come out of jail,  there are mafia people [waiting outside] with a list. They ask for US$1,500 and  if we pay they will help and if not they will tear up our documents and we will  go back for another six months of detention.