пошук  
Права Людини в Україні. Інформаційний портал Харківської правозахисної групи
EN › About KhPG › Projects

THE CENTRE FOR PROFESSIONAL AID TO VICTIMS OF TORTURE

12.08.2006
Projects
   

The Centre for Professional Aid to Victims of Torture was set up within the framework of the Campaign against torture and ill-treatment (2003-2006) with the financial support of the European Commission.

One of the aims of the Centre is to provide full or partial funding for legal, medical and expert aid for victims of torture and other forms of ill-treatment, as well as of violations of the right to liberty and security of person.

The Centre may be able to give financial assistance for paying a lawyer, doctors or other experts in the following cases:

1.  Torture

  • the use of torture or other forms of ill-treatment in order to extract a confession or other information during a criminal investigation
  • the disappearance of a person with law enforcement or other state bodies likely to be implicated
  • the use of unwarranted violence by state officials during detention, arrest and during the investigation
  • other forms of ill-treatment during detention (remand in custody), administrative detention, being forcibly held in closed institutions (hospitals, penal institutions, disciplinary brigades, guardhouses, centres for illegal immigrants, etc)
  • the initiating of criminal proceedings against employees of law enforcement bodies believed to be implicated in using torture and violence
  • the lodging of civil suits against the direct perpetrators and / or the relevant bodies
  • effective legal representation during legal procedure
  • providing proof

When deciding whether a specific case can be accepted, the following are taking into consideration:

  • the seriousness of the consequences, the degree of bodily injuries, the length of time over which the torture or ill-treatment was inflicted
  • the prospects for a positive outcome of the case, whether there is evidence, whether an appeal was made at the right time, whether there are any obstacles to applying national and international procedures (the observance of procedural time limits, rules and procedure, etc)
  • the strategic significance of the case, a combination of several serious violations, the degree to which the violations are widespread, the significance of the case for the other objectives of the Campaign
  • the financial possibilities of the Fund
  • the ability of the victim to contribute towards the costs.


2.  Violations of the right to liberty and security of person

  • unlawful detention (criminal – procedural or administrative), unwarranted detention, detention with violations of lawful procedure or for an unlawful motive
  • being held in custody by law enforcement officers with being brought before a court for over 72 hours an excessively long period of remand in custody during a pre-trial investigation and court review
  • violation of the rights of the detained (arrested) person during the court consideration regarding whether to arrest or release the person;

Financial aid is provided for:

  • initiating criminal proceedings against employees of law enforcement bodies believed to be implicated in violations of the right to liberty
  • lodging of civil suits against the direct perpetrators and / or the relevant bodies
  • initiating periodic reviews of the lawfulness of continued remand in custody
  • effective legal representation during court consideration regarding whether to arrest or release the person and during other legal procedures
  •  providing proof

When deciding whether a specific case can be accepted, the following are taking into consideration:

  • the seriousness of the consequences: the use of torture during remand in custody, the length of time held in the custody of law enforcement agencies, the overall duration of remand in custody
  • the prospects for a positive outcome of the case, whether there is evidence, whether there are circumstances suggesting the lack of need for remand in custody,  whether an appeal was made at the right time;
  • the strategic significance of the case, a combination of several serious violations, the degree to which the violations are widespread, the significance of the case for the other objectives of the Campaign
  • the financial possibilities of the Fund
  • the ability of the victim to contribute towards the costs.

Types of cases where the Centre does not provide assistance.

The Centre is involved only in cases linked with the actions or inaction of state bodies. It is therefore unable to help in cases involving:

  • conflict between private individuals 
  • conflict not linked with deprivation of liberty or the use of violence by officials 
  • the need for protection against the laying of charges, aside from cases where such protection is an integral part of legal defence against torture (for example where the charge is based on testimony obtained through the use of torture).

CAMPAIGN AGAINST TORTURE AND ILL-TREATMENT

27.03.2004
Projects
   

CAMPAIGN AGAINST TORTURE AND ILL-TREATMENT IN UKRAINE (2003 – 2006)

 

A brief summary

The Campaign against torture and ill-treatment in Ukraine is being run by the Kharkiv Human Rights Protection Group together with partner organizations, and with the financial assistance of the European Commission.

Our partners include::

The Kharkiv National University of Internal Affairs

The Kharkiv Institute of Social Research

The Kharkiv Regional Organization of Soldiers’ Mothers

Partner organizations in various regions of Ukraine

The formal Campaign is to run from July 2003 to June 2006

OUR OBJECTIVES

Ukrainian human rights organizations, together with the Human Rights Ombudsperson and a number of international institutions have made considerable advances in drawing public attention to the use of torture and ill-treatment in Ukraine.

 

Our Campaign is aimed at:

  • ensuring acknowledgement that torture does exist in Ukraine and of the need to address the problem by the many state bodies directly involved;
  • awareness-raising not only of the existence of the problem, but also of the absolute inadmissibility of such methods regardless of whom they are used against
  • studying the reasons and conditions which can provide the breeding ground for practices involving torture and ill-treatment
  • creating an effective system for the prevention of torture
  • developing and strengthening a network of organizations involved in measures to prevent torture and ill-treatment

Particular attention is paid to the following:

  • the use of torture against those suspected or formally accused of a crime during the criminal investigation
  • torture and ill-treatment in the Armed Forces and closed institutions (penal institutions, hospitals, pre-trial detention centres [SIZO], temporary holding facilities [ITT] and other places of law enforcement agencies for holding detained individuals, other closed institutions)
  • arbitrary detention and detention in police custody
  • safeguarding the rights of those detained, including the right of access to a lawyer, to a doctor
  • court review with regard to whether remand in custody is required, and regarding the extension of remand in custody
  • the use of confessions which may have been made under duress in court hearings.

The above are just a few of the issues which are closely connected with the use of torture and ill-treatment.

CAMPAIGN ACTIVITIES

  • providing information and raising awareness among the public of the existence and scale of the problem, and most importantly, of methods which are being taken or need to be taken to stamp out such pernicious practice
  • monitoring work
  • research into the efficiency of Ukraine’s legal system as regards prevention of torture and ill-treatment and an analysis of the level of compliance of the national legal system with Ukraine’s international commitments on preventing torture and safeguarding the right to liberty and security of person
  • strategic litigations in both domestic and international courts in order to highlight existing problems and to promote the development of legislation and court practice, bringing them into line with international standards in the above-mentioned areas
  • seminars and training courses for judges, lawyers and employees of law enforcement agencies which address various aspects related to the prevention of torture and ill-treatment, international and European standards in the areas of prevention of torture and protection of the right to liberty
  • sociological and legal research aimed at establishing the causes of and conditions which can breed torture in Ukraine, preparation of publications in this area and study courses
  • drawing up draft laws and presenting them for consideration and discussion to various professional groups, as well as to the public in general
  • preparation of a database of court rulings which have bearing on issues involving bringing those  guilty of using torture to justice, illegal detention and arrest, court consideration of remand in custody, the extension of periods of remand in custody, the practice of administrative arrests, etc

NETWORKING

In order to carry out regular monitoring, as well as information and awareness-raising work, within the framework of this Campaign, we are developing a broad network of partner organizations throughout Ukraine.

A valuable aspect of this work is in sharing experience and expertise, and assisting younger or smaller organizations

THE CENTRE FOR PROFESSIONAL AID TO VICTIMS OF TORTURE

See …. for more information about the activities of this crucial part of our Campaign

INTENDED RESULTS

We hope that this Campaign will:

  • make serious progress towards creating an effective system for preventing torture and other forms of ill-treatment
  • lead to more effective investigation of cases alleging the use of torture and to a reduced likelihood that those guilty of torture will remain unpunished
  • develop clearer conditions for lawful detention, reduce the number of cases where people are held far too long by law enforcement agencies prior to being brought before a judge
  • promote more efficient court control over the activities of the law enforcement agencies both n the course of the main court proceedings, and during other court procedure
  • lead to the courts referring more to international and European standards for protection against torture and ill-treatment
  • ensure that legislation tales on greater clarity and eliminate gaps which enable the use of torture and impunity of those involved in it.

A CORDIAL INVITATION

We hope for the support of all those who are concerned to eradicate the use of torture and ill-treatment in Ukraine.

We would be delighted to work with all those professionals in the legal system: judges, lawyers, employees of the law enforcement agencies, law experts and teachers.

We would be grateful for any information about the difficulties which obstruct effective prevention of torture.

And a warm welcome to all those willing to share their ideas, experience and comments with us!


22.01.2007

Project Description

Переглядів 1797
22.01.2007

Interim Narrative Report (2 July 2004 - 1 July 2005)

Переглядів 2829
22.01.2007

Interim Narrative Report (2 July 2003 - 1 July 2004)

Переглядів 2589
22.01.2007

Final Narrative Report (2 July 2003 - 1 July 2006)

Переглядів 2850
При передруку посилання на khpg.org обов'язкове. Думки і міркування авторів не завжди збігаються з поглядами членів ХПГ
X




забув пароль

реєстрація

X

X

надіслати мені новий пароль