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1. RIGHT TO LIFE

   

 

[1]

Implementation of government measures intended to protect the life of people under its control

 

The state is responsible for the life of people under its control, e.g. institutions of confinement or detention centers, armed forces, public hospitals (especially in places of treatment) and others.

There is an important problem of numerous violations of the right to life in institutions of confinement or detention centers (detention centers, investigative isolation wards, penal institutions, etc.). The terrible conditions, often unavailable or inadequate medical care lead to the death of people.

In this respect, we should pay attention to the movie "Lukyanivka. Prison #1"[2] created as a result of an investigation conducted by journalist of TVi Channel Kostiantyn Usov and premiered on April 2, 2012.

The above story produced major resonance in the Ukrainian society and first showed shocking scenes of inhumane living conditions of keeping suspected persons at Ukrainian investigative isolation wards: overcrowded cells, no basic sustenance conditions for human existence, threat to human health and more.

However, despite this, according to the information of mass media[3], which in July 2012 were let to enter Lukyanivka investigative isolation ward, the situation of prisoners in the ward underwent no changes and they still were kept in deplorable unsanitary conditions in overcrowded cells.

Concerning the Lukyanivka investigative isolation ward the Ombudsman of Ukraine in her interview for the media said that “the precise period at which the building was erected is not known and it was not designed to install modern ventilation. Even the most honest chief with huge investments cannot install normal ventilation system”. However, she stressed the need to build new investigative isolation wards outside the cities that will meet modern standards[4].

In this regard it should be noted that out of today’s 32 investigative isolation wards 14 were built over 100 years ago, 5 more than 200 years, 26 are located in downtown areas, which complicates the implementation of measures to improve conditions of detention[5].

In general, it should be stressed that the problem of overcrowding and substandard upkeep conditions in Ukrainian penitentiary institutions is a structural one and needs to be addressed directly because it may trigger, among other things, the spread of various diseases and, as a consequence, the death of detainees.

The new Criminal Procedure Code of Ukraine (hereinafter - CPC) adopted on April 13, 2012 (entered into force on Nov. 19, 2012) is intended to substantially reduce the number of people in custody awaiting sentencing. The planned performance may be achieved by introducing new types of prophylactic measures, mechanisms of existing non-custodial upkeep and changes in approach to preventive measures in the form of punitive detention.

However, given the long-term practice of imprisonment as the primary preventive measure, there remains a great concern about the new CPC nonrepudiation in courts.

Another key factor affecting mortality of persons deprived of their liberty is failure or improper medical care in places of unfreedom. This is due to the improper organization of work of the relevant sections of penal institutions and lack of funding, as well as refusals to let persons deprived of liberty to be treated at the institutions of the Ministry of Health of Ukraine.

In his interview, Chairman of the Committee of the Verkhovna Rada of Ukraine on Legislative Support of Law Enforcement Viktor Shvets said that in 2012 the number of deaths in prisons increased compared to previous years[6].

Thus, according to the National report of the government on the human rights situation in Ukraine in the framework of the Universal Periodic Review for the first half of 2012, in the penitentiary institutions there died 537 people, of whom 30.1% (163 persons), i.e. almost one third, from AIDS[7].

In this respect, the particular concern was aroused by the information provided by the Government in the sixth periodic report of Ukraine on the implementation of the UN Convention against torture, according to which, as of June 1, 2012, only 1144 of 6347 HIV-infected persons in the institutions of the State Penitentiary Service of Ukraine, that is only about 18%, were receiving antiretroviral therapy[8].

Such an approach is unacceptable because AIDS is the most common cause of death in penal institutions.

Moreover, the European Court in its practice has repeatedly pointed to the need to provide persons deprived of their liberty with proper medical care in all cases[9].

Also there is a major problem of death rate from tuberculosis; so, 104 persons deprived of their liberty died from this disease in specialized TB hospitals during the first six months[10].

In this regard, the sixth periodic report of Ukraine on the implementation of the UN Convention against Torture the government recognized that the situation concerning the condition of deaths in penal institutions and mortality in hospitals remains difficult.

It should be noted that due to the procrastination of time by the courts when considering materials for the release of seriously ill persons in 2012, 26 ill persons did not live to see a court decision[11] which is unacceptable, because the organization of the timely proceedings is one of the key responsibilities of any democratic state.

Thus on June 21, 2012, near the walls of the city health department the family and friends of prisoners of the Odesa colonies and investigation isolation ward held a protest. During the meeting, the Odesites held posters with dozens of names of people who were held at institutions of confinement and urgently needed medical care[12].

However, in this context, it should be noted that some positive developments took place, namely on February 10 and May 10, 2012 there were adopted joint orders no. 212/20 525 and no. 769/21082 of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine "On approval of the interaction of health care institutions of the State Penitentiary Service of Ukraine with healthcare institutions on rendering medical assistance to persons arrested and convicted”[13], which regulate the procedure of rendering medical assistance to detained and convicted individuals, including outside the penal institutions. The most important point of these guidelines is the clarification of the provisions of national law, under which the decision on admission of persons deprived of their liberty to the hospitals of the Ministry of Health is made directly by doctors or doctors of the appropriate penal institution or ambulance called for. It should be noted that in the past, in order to obtain such permit, the authorities investigative isolation ward appealed to the court or investigator in the proceedings, and rather often than not they denied admission intending, among other things, to force a person to admit a crime that in some cases led to lethal consequences[14].

It is also necessary to emphasize the growing number of suicides in institutions of confinement: for the first six months of 2012 there were 32 cases of suicide. Per one thousand prisoners in terms of one year it means 0.42 cases, while in 2008 - 2010 the ratio made 0.27 to 0.30. That means the 1.5 times increase in the number of suicide cases[15].

Thus, there happened an indicant incident in Zaporizhzhia investigative isolation ward.

According to information provided by the prosecutor Zhovtnevy district of Zaporizhia Olexandr Vasiuk, March 5, the criminal action was brought over the improper performance of their professional duties by the medical staff of the specified investigative isolation ward, which resulted in serious consequences. Namely, the officials of the investigative isolation ward failed to provide adequate medical assistance to the prisoner. During aggravation of the illness he was not given necessary medications, but instead he was transferred to a separate cell, where he committed suicide[16]

This situation is of serious concern and stirs a suspicion if, in general, there exists effective monitoring of the psychological state of persons at institutions of confinement, and if there exists effective system of rendering psychological and psychiatric aid to such persons.

The use of violence by state agents

There remains the topical problem of violence in law enforcement agencies, which in some cases leads to death, including suicide.

At the same time it must be noted that the vast majority of cases of violent crimes (and in many cases there are other crimes as well) contain confessions of defendants received from them at an early stage of the investigation, often without an attorney and during unregistered arrest or detention for commitment of administrative offense, and so on. The above situation is not acceptable, especially in the light of the decisions of the European Court of Human Rights against Ukraine concerning this issue[17], and taking into consideration the number of such cases suggests that one method of detection of such crimes consists in coersion, and in some cases even torture, which can lead to death in custody.

A striking example is the case of Olexiy Khodakov who died during interrogation at Kovpakivsky Militia District Station of the Department of Internal Affairs of Ukraine in Sumy Oblast on January 17, 2012.

On January 18, 2012 the Public Prosecutor's Office in Sumy opened the criminal investigation into the death of 32-year old Olexiy at Kovpakivsky Militia District Station during a conversation with him of local operatives. The militia claimed that they never resorted to wrongful acts dealing with this man. The proceedings were undertaken under Part 3 of Article 365 of the Criminal Code of Ukraine (abuse of power, which caused grave consequences).

On this matter the prosecutor of Sumy said that on the corpse of Khodakov they found numerous injuries in the regions of head, trunk, upper and lower extremities, which in this case are considered together, as they led to traumatic shock and the consequent death. According to him, they found not only numerous bruises on the corpse, but traces of the handcuffs and even traces of strangulation as well[18].

The case of Vedeneyev, who died in hospital after visiting the Prymorsky Militia District Station of the Department of Internal Affairs of Ukraine in the Odesa Oblast, is also worth considering.

On July 23, 2012 the public prosecutor's office, Odesa Oblast, opened a criminal case against the employees of the Prymorsky Militia District Station, Odesa, according to part 3 of Article 365 of the Criminal Code of Ukraine (abuse of power, which was accompanied by violence and serious consequences in the form of victim’s death). According to prosecutors, the police brought 24-year old homeless named Vedeneyev to the militia station, from where he was later admitted to the City Hospital no. 1 with skull base fracture. At the city hospital the man died[19].

Another similar case: the case of brothers Avramenko.

On June 15, 2012, during militia “Poppy” raid in the Village Zdrahivka, Chernihiv Oblast, detectives found cannabis in the garden of the Avramenkos, seized 30 bushes and charged them with cultivation of narcotic raw material. However, the relatives and villagers claimed they saw themselves that cannabis was planted by the militia and that during the investigation they kept beating 23-year-old Ruslan, after which the young man could not stand the beatings and injustice of false accusations, and hanged himself on the ladder leaving a note to his relatives. Two weeks later his brother Volodymyr hanged himself as well. After the death of Ruslan, he repeatedly said that he had nothing to live for.

The Horodnia District Public Prosecutor's Office, after the jural fact of the death of brothers, opened a criminal case against the militia charging them according to paragraph 1 of Article 120 of the Criminal Code of Ukraine (leading people to suicide or attempted suicide, which is a consequence of person’s ill-treatment, intimidation, coercion to illegal actions or systematic humiliation of human dignity)[20].

One should also pay special attention to the system of state control over the behavior of its representatives, particularly in the field of law enforcement.

The state control of storing and using weapons by law enforcers is still at a fairly low level.

In addition, the system of monitoring of the psychological state of law enforcers also arouses concern, when in some cases nobody actually performs periodic analysis of the psychological state of law enforcers; the controllers either checkmark them for appearances' sake, or simply fail to properly record the existence of mental disorders in law enforcers. Moreover, even if such facts are registered, the chiefs of law enforcing agencies or their subunits do not always adequately and timely respond to the presence of disorders and do not always assess the personality of subordinate law enforcers (problems with alcohol abuse, unjustified brutality, unjustified displays of aggression, etc. ) in a proper way, which in some cases can lead to death.

In this respect, attention should be paid to the decision of European Court of Human Rights made on January 12, 2012 in the case Gorovenky and Bugara vs. Ukraine:

The case concerns the murder by out-of-duty militia officer D. of two people and attempted murder of a few more.

The said officer was later convicted, but the government refused to indemnify for losses the relatives of those killed and wounded during the incident because the officer was out of duty.

The European Court found the violation of positive obligation under Article 2 of the Convention (right to life).

The Court noted that the national authorities had repeatedly recognized that the chief of Mr. D. had failed to properly assess his personality and, despite the past disturbing incidents involving Mr. D. (when Mr. D. had been trained at the militia college, he had been temporarily removed from subunit commanding post for alcohol abuse; later, after the college, Mr. D. had inflicted another person minor injuries and had been three times made accountable for disciplinary breaches) had allowed him to carry weapons, which had led to tragic consequences.

Moreover, the national legislation prohibited carrying weapons by militia officers who did not have proper conditions for its storage; meanwhile the national authorities failed to check, where Mr. D. kept weapons at home, and whether there were necessary conditions for this.

Namely, the absence of a safe place could serve as a reason why Mr. D. always carried weapons with him, both on and out of duty.

The Court noted that in the course of civil procedures in national courts, they neglected the above findings and pointed to the absence of a causal link between the failure of the police officers to carry out national legislation and inadequate assessment of the personality of subordinates when issuing permits to carry weapons on the one hand and the fatal incident, on the other. For the national authorities it sufficed that D. was out of duty to rule out any possible responsibility of its command despite definite conclusions to the contrary in the case materials.

The Court, in this regard, noted that when issuing firearms to militia officers there should be not only technical training, but also the selection of militiamen allowed to carry such weapons, and with the utmost care at that.

The court decided that the police officer, who had shot and killed two people from his service weapon, had been issued the specified weapon in violation of the rules set by national law, because nobody had checked, where it would be kept out of duty and also nobody had properly assessed his personality, given disciplinary sanctions that had been imposed on him prior to contested events[21].

Also there occurred striking events at 5:30 on April 21 in a pizzeria in the neighborhood Sykhiv, Lviv, where six employees of the State Protection Service brutally beat two 29-year-old men. These men were drinking beer at a table talking. The bartender asked them to leave, because it would be closing time in half an hour. The men refused. The bartender called security who took men into the hallway and started beating with fists, rubber batons and feet. The video surveillance cameras recorded the event.

The victims were at Sykhiv District Station for 24 hours. Subsequently, they were hospitalized with serious injuries.

Following the said events the chief of main department of the MIA of Ukraine in Lviv Oblast ordered all eight thousand law enforcers under his command to undergo re-confirmation in a post. And noted that the psychologist should form an opinion about each of them[22].

General state measures intended to protect life

The statistics of injured and dead according to MIA: first six months of 2012[23]

 

Injured from crimes

Dead incl.

 

 

 

 

Past yr

This yr

Evolution, %

Past yr

This yr

Evolution, %

Total

162414

166223

2.3

2706

3036

12.2

Per 10,000

35.7

36.5

 

0.5

0.7

 

injured

grave and gravest crimes

65005

65556

0.8

2421

2767

14.3

 

intentional (attempted) murder

1319

1290

-2.2

991

932

-6.0

 

of that number

two and more person

113

120

6.2

63

76

20.6

 

rape (attempted incl.)

310

238

-23.2

x

x

 

 

intentional severe bodily harm

1638

1650

0.7

399

369

-7.5

 

banditry

1970

1881

-4.5

x

X

 

 

robbery

10006

9921

-0.8

x

x

 

 

trafficking in people

170

150

-11.8

x

x

 

 

traffic accident

3777

4794

26.9

891

1313

47.4

Out of victims total

Deputies, all levels

35

28

-20.0

 

 

 

 

media persons

61

65

6.6

 

1

 

 

postal workers

78

54

-30.8

2

 

-100.0

 

incl.

mail carriers

48

33

-31.3

2

 

-100.0

 

doctors

880

786

-10.7

3

10

3.3 times

 

retirees

19143

18711

-2.3

296

318

7.4

 

foreigners

854

982

15.0

38

46

21.1

 

managers

2684

3097

15.4

12

52

4.3 times

 

finance and credit personnel

251

254

1.2

2

1

-50.0

 

servicepersons

302

238

-21.2

2

8

4 times

 

personnel

production service

677

437

35.5

21

17

-19.0

 

public prosecutor's office

56

42

-25.0

1

1

 

 

courts

27

31

14.8

2

1

-50.0

 

Bar

81

67

-17.3

 

 

 

 

SSU

21

23

9.5

1

 

-100.0

In this respect, it is worth noting that for the first six months of 2012 the number of victims of crime went up by 12.2% against the same period last year.

It should be noted that the number of fatalities in the commission of grave or especially grave crimes significantly increased (14.3%) in the first half of 2012. Also there significantly increased the number of deaths from commitment of murders of two or more people (up to 20.6%!).

In our opinion, the units involved in direct detection and prevention of crime should have been reformed long ago in order to improve efficiency of their work and improve professionalism of their personnel.

In this respect, there remains a serious problem of duplication of functions in various units in the structure of individual law enforcement agencies and among various law enforcement agencies. For example, the allegations-of-violence control in the Ministry of Interior may be duplicated by the internal security service of the Interior Ministry and Prosecutor's Office. The new CPC partially tackles the problem; meanwhile there remains the major problem of duplication among operational units supposed to search for evidence or information about evidence and investigation bodies supposed to fix the obtained evidence. And those are but a few examples of such duplication.

There also remains the issue of excess workload in some units which are actually short of time performing their basic functions. For example, the subunits of district militia inspectors, which are supposed to maintain an ongoing dialogue with the residents in their neighborhoods and to prevent crimes through this dialogue, in practice, because of the incredible overload with minor functions, they are actually have no time to spare for proper performance jf their main priorities.

There is also serious concern about cases when the militia officers are ordered to work after hours without appropriate compensation and extra days off.

There is also a separate problem of inadequate technical equipment of law enforcement units, as well as perfunctory expert examination in criminal cases.

Taken together these problems substantially downgrade the system of crime prevention and impede their investigation, which, consequently, increases the number of crimes committed, including those that lead to fatalities.

Special attention should be paid to the significant increase in the number of deaths in road accidents. The death toll has increased by more than 47% compared to the same period last year.

For example, on July 7, 2012 at 119th kilometer Kyiv-Chernihiv-Novi Yarylovychi Highway the driver of SCANIA bus with 42 passengers on-road from Chernihiv to Kyiv lost control, got the bus into the oncoming traffic lane and outside the roadway, where it overturned, as a result of which 16 bus passengers were killed, and the driver and the remaining passengers were injured[24].

On September 15, 2012, in Khmelnytsky Oblast, the sightseeing bus toppled killing two and injuring 14 persons[25].

This situation is unacceptable and the public authorities are supposed to intervene immediately.

In our opinion, at the bottom of it is an improper quality of roads, including inadequate equipping them with accident preventatives and the problems associated with highway patrol, when in some cases patrolmen somehow fail to bring the traffic offenders to justice, which in its turn distorts public opinion concerning the need to execute traffic regulations.

Generally, there occurs a situation when traffic needs higher technical safety standards and a system of inevitable administrative and criminal liability, including regulatory agencies.

In addition, the frequent contract killings make a major problem. If earlier the hitmen targeted mostly businesspersons, politicians, and civil servants, recently the public figures have come to the front.

So, despite the promises and assurances of MIA top management to find paymasters and assassin's as soon as possible they are still beaver away at investigation of enforced disappearance in 2010 of Klimentyev Vasyl Petrovych, Editor of Kharkiv newspaper "Novyi Styl”: paymasters are still unknown, and perpetrator is a wanted person.

On August 4, 2012, after serious bodily assault Volodymyr Honcharenko, ecologist, publisher of the newspaper "Ekobezpeka", head of the public movement of Ukraine "For the right of citizens to environmental safety”, head of the association "Vtormet” died in hospital. It should be emphasized that he was assaulted by two unknown persons 4 days after the press conference at which he made public the information about storage in Kryvyi Rih of 183 tons of chemically contaminated and extremely toxic metal.

It should also be noted that there still exists a large number of cases of illegal arms trade. So, during the first six months of 2012 there were 6,269 crimes related to illegal arms trafficking[26].

There remains high mortality rate[27], child mortality rate including[28]. In this regard it should be noted that the health system needs urgent quality reforms, since the current reform, in the opinion of a number of experts, has serious shortcomings, namely the absence of clearly marked objectives, no regular reviews of reform strategies, lack of a clear-cut policy ensuring implementation of decisions, ignoring scientifically proven or proven practices, forms and methods of transformations, significant lobbyists’ impact on decision-making (pharmaceutical companies), low rates of implementation, inconsistent and contradictory actions[29].

The state must ensure the effective investigation of deprivation of life

The duty of the State to protect the right to life implies that if a person has been deprived of life, an official inquest into it must be ordered. Such an investigation should be conducted promptly by an independent and impartial body; during this investigation all reasonable steps should be undertaken to secure the evidence concerning the incident, and so on.

But it is not always the case, especially where the representatives of public bodies become alleged offenders.

It should be noted that, according to the national law, no full-blown investigation may be conducted without a formal act about institution of an action.

The only act allowing the institution of an action is an order to institute prosecution in the criminal case (Part 1 art. 98 of CPC of Ukraine), which creates a legal basis for further proceedings. According to the legislation of Ukraine, only after the institution of prosecution one can conduct investigations and other legal proceedings. The law makes no provision for conducting interrogations, searches, seizures, examinations and other investigations pending the order to institute prosecution. As an exception in a criminal case, in cases of emergency, the law allows inspection on the spot (Part 2 of Art. 190 CPC, Ukraine), seizure of correspondence and electronic information tapping in order to prevent crime (Part 3. 187 CPC of Ukraine).

So common is the situation where the investigative body refuses to investigate a criminal case, not to conduct an investigation. Very often the refusal to institute criminal proceedings occurs in cases of deprivation of life committed by a law enforcer, deaths in hospital, deaths in road accidents, deaths in custody and others.

Later, these denials may be revoked by courts; however, more often than not it does not affect the effectiveness of the investigation, because initially they recorded no evidence.

Nevertheless, the new CPC of Ukraine solves the problem favorably providing entirely different rules for pre-trial investigations.

Thus, the pre-trial investigation begins at the moment the information about criminal offenses is entered into the Unified Registry of pre-trial investigations (its registration). Moreover, the denial to accept an application and register it or report a criminal offense is not permitted.

Also the new CPC solves the problem of crime victims’ access to the records: the Article 56 of the new Criminal Procedure Code specifies mandatory access of the victim to investigation materials, even if the books are closed.

The quality of criminal investigations needs special attention. Very often they are conducted slowly and off-grade, especially in cases when the crime suspects are representatives of public bodies.

Particular attention should be paid to investigation of deaths in institutions of confinement, and also due to the use of lethal force by militiamen and institutions of confinement other public servants. In the vast majority of such cases the initial investigation is conducted by concerned authority (administration of institutions of confinement where the prisoner died or investigation agency of MIA, SSU, etc., an employee of which had used lethal force), which collects evidence of guilt or innocence of their employees, and only thereafter sends these materials to the prosecutor. In fact, the situation emerges when the prosecutor's office decides to institute criminal proceedings or refusal to initiate it solely on the basis of evidence collected by the concerned authority which does not satisfy the requirement of independence.

In this regard it should be noted that the new CPC stipulates foundation of the new investigating agency––the State Bureau of Investigation, which will investigate criminal offenses committed by high-standing officials according to Article 9 of the Law of Ukraine "On Civil Service", office employees category 1-3, judges and law enforcers.

It should be noted that in 2012 (as of October 15, 2012) the European Court made four decisions concerning violation of Article 2 of the Convention on Human Rights which stated improper investigation of deaths.

This decision: Igor Shevchenko vs. Ukraine, no. 22737/04, January 12, 2012; Sergiyenko vs. Ukraine, no. 47690/07, April 19, 2012; Prynda vs. Ukraine, no. 10904/05 , July 31, 2012; Fedorchenko and Lozenko vs. Ukraine, no. 387/03, September 20, 2012[30].

In these decisions, among other things, the European Court found that:

- The investigations were too protracted and led to no final judgment that, according to the European Court, largely undermined public confidence in the legal system;

- The investigations were too faulty, which were taken notice of by the national authorities, but they were not corrected in a timely manner;

- Many necessary investigative actions were either not performed, or were performed with undue delay and were not timely;

- During the investigation there occurred long periods without any investigation conducted.

Hence, in view of the decision of the European Court, it can be concluded that the tendency of ineffective investigation of deaths remains. The bodies of power make no effective alterations to improve the situation.

Disappearance of people

Ukraine has not signed the UN International Convention for the Protection of All Persons from Enforced Disappearance. The said Convention entered into force on 23 December, 2010, thirty days after the number of member states reached twenty. As of October 15, 2012, already thirty-six countries ratified the Convention[31].

In this respect it should be noted that the case of disappearance of Vasyl Klimentyev has not been investigated yet. On February 6, 2012 chairman of the biggest private gas producer "Naftogazvydobuvannia" Oleg Seminsky disappeared[32].

Recommendations

1) Implement effective mechanisms for investigating deaths, particularly those caused by the actions of law enforcers, namely:

- To develop detailed guidelines fixing a minimum list of investigations to be carried out in every case of death for the investigation body could intercede for the criminal case to be closed. In case of unjustified refusal of investigators to follow the instructions they should be dismissed from work and disciplined;

- To regularly train (retrain) investigative personnel in order to improve the quality of their work;

- To restructure law enforcement bodies, during which to minimize the functions and tasks virtually duplicated by various subunits and agencies, reduce the workload of individual law enforcers by reducing the number of minor functions and responsibilities (it is important to actually implement it), stop off-duty employment without extra day offs, and introduce an effective system of remuneration;

- To improve the material and technical equipment of law enforcement units;

- Improve the quality of expert findings.

2) Create effective crime prevention system. In this regard, among other things, it is necessary to improve the interaction of district militia inspectors with local population.

3) Create a system of practical inevitable responsibility for all cases of unjustified violence by law enforcers.

4) Set up an effective system of control of the use and storage of weapons of law enforcers. To grant right to keep and bear arms on the basis of thorough personality analysis of law enforcer. Create an effective system of responsibility of the heads of law-enforcement departments for permission granted to their subordinates to use arms without personality analysis or in the case of a formalist approach to such analysis.

5) Create an effective monitoring of psychological state of law enforcers and to dismiss them from work on the basis of psychologist’s decision.

6) Conduct regular training and instructing of law enforcers involved in special operations intended to apprehend persons suspected of crimes.

7) Create a new system of investigative isolation wards outside the cities. Improve material and technical resources in institutions of confinement in accordance with the recommendations of the European Committee against Tortures.

8) Create an effective system of medical assistance in the institutions of confinement.

9) Reform the health care sector in accordance with the recommendations of experts in order to prevent the growth of mortality rates, including infant and child mortality rates.

10) Strengthen the technical standards of road safety and create a system of inevitable responsibility, including the regulatory agencies.

11) Sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance, adopted on December 20, 2006 (UN General Assembly Resolution A/RES/61/177).

 

 

[1] Prepared by Mykhailo Tarakhkalo, jurist of the Kharkiv Human Rights Protection Group.

[2] LUKYANIVKA. PRISON #1 (FULL VERSION) / http://blogs.pravda.com.ua/authors/usov/4f7b6f67ec61a/

[3] LUKYANIVKA INVESTIGARIVE ISOLATION WARD. "Improvement" / http://www.pravda.com.ua/rus/articles/2012/07/12/6968632/

[4] The Ombudsman: there is a need to erect new investigative isolation wards / http://www.unian.ua/news/515617-upovnovajeniy-z-prav-lyudini-treba-buduvati-novi-sizo.html

[5] ANNUAL REPORT OF THE OMBURSMAN OF THE VERKHOVNA RADA OF UKRAINE ON THE COMPLIANCE AND PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN UKRAINE / http://ombudsman.gov.ua/images/stories/07022011/Dopovid_8_1.pdf

[6] The Chairman of the Committee of the Verkhovna Rada: the number of deaths in places of imprisonment increases / http://www.bbc.co.uk/ukrainian/news_in_brief/2012/07/120718_ek_jail_suicid.shtml

[7] Draft of the National Report / http://www.minjust.gov.ua/upr/upr_project_dopovid.html

[8] The Sixth Periodic Report of Ukraine on implementation of UN Convention against Torture / http://www.minjust.gov.ua/0/41050

[9] See e.g. the Decision of European Court of Human Rights in the case Todorov vs. Ukraine from Jan. 12, 2012 in the case no. 16717/05. / http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-108578

[10] The Sixth Periodic Report of Ukraine on implementation of UN Convention against Torture / http://www.minjust.gov.ua/0/41050

[11] The Sixth Periodic Report of Ukraine on implementation of UN Convention against Torture / http://www.minjust.gov.ua/0/41050

[12] Relatives of the prisoners: people die without medical care at Odesa prisons / http://www.048.ua/article/160183, http://zakon2.rada.gov.ua/

[13] http://zakon2.rada.gov.ua/laws/show/z0769-12 / http://zakon2.rada.gov.ua/laws/show/z0212-12

[14] ANNUAL REPORT OF THE OMBURSMAN OF THE VERKHOVNA RADA OF UKRAINE ON THE COMPLIANCE AND PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN UKRAINE / http://ombudsman.gov.ua/images/stories/07022011/Dopovid_8_1.pdf

[15] According to the information provided by the human rights organization "Donetsk memorial" / Penal system: approximate results / http://dt.ua/

[16] Suicide at Zaporizhzhia investigative isolation ward: the case brought before a court / http://reporter-ua.com/

[17] Mikhalkova and others vs. Ukraine, no. 10919/05, January 13, 2011; Dushka vs. Ukraine, no. 29175/04, February 3, 2011; Nechiporuk and Yonkalo vs. Ukraine, no. 42310/04, April 21, 2011 and other decisions / http://hr-lawyers.org/index.php?id=1295954597;

[18] Death at militia station: Khodakov died of pain / http://rama.com.ua/smert-v-militsii-hodakov-umer-ot-boli/

[19] The public prosecutor's office opened a criminal case against Odesa militiamen, who had killed a homeless person/ http://dumskaya.net/news/prokuratura-vozbudila-ugolovnoe-delo-v-otnosheni-021075/ .

[20] The actions of militiamen in Chernihiv Oblast caused several suicides / http://svit24.net/

[21] Gorovenky and Bugara vs. Ukraine, no. no. 36146/05 and 42418/05, January 12, 2012 / http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-108572

[22] Psychologists will check militiamen / http://gazeta.ua/articles/lviv-newspaper/434268

[23] Criminality in Ukraine: state and structure (2012: 6 mos) / http://mvs.gov.ua/

[24] Up to now the bus driver carrying pilgrims and having an accident on Chernihiv highway has not accepted his fault leaving 16 passengers dead / http://www.unn.com.ua/ua/news/935744-vodiy-avtobusa-z-prochanami,-scho-zaznav-avariyi-na-chernigivskiy-trasi,-dosi-ne-viznav-svoeyi-vini-u-zagibeli-16-pasageiriv/

[25] The sightseeing bus crushed in awful road accident in Khmelnitsk Oblast / http://rkm.kiev.ua/kalejdoskop-sobytij/42503/

[26] Criminality in Ukraine: state and structure (2012: 6 mos) / http://mvs.gov.ua/

[27] http://www.ukrstat.gov.ua/ Express-issues / The mortality rate of population of Ukraine from external causes in everyday life

[28] http://www.ukrstat.gov.ua/ Express-issues / Demographic situation in Ukraine

[29] Ukrainian health care system reform: current problems / http://novosti.mif-ua.com/archive/issue-26808/article-26830/

[30] For more details, see: http://hr-lawyers.org/index.php?id=1339673504 or the official site of the European Court.

[31] http://treaties.un.org/

[32] Head of Nafrogazvydobuvannia Oleg Seminsky is missing / http://www.rbc.ua/

 

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