In 1992-1996 Ukrainian legislation was enriched with provisions with respect to human rights binding to state authorities, especially law enforcement agencies. The Constitution of Ukraine adopted on June 28, 1996 bans torture, cruel, inhuman or degrading treatment or punishment. However, Ukrainian laws do not define the terms «torture» or «cruel treatment»; the UNO Convention against Torture has not been published in official source-books, so court practices based on this Convention are very limited. State officials, top law enforcement and military officers are practically ignorant in provisions of the Convention against torture and other international treaties on human rights ratified by Ukraine; alas, government does nothing to promote information about these treaties.
Law enforcement practices show that violations of the UNO Convention against torture are increasingly abundant and unpunished. We are not inclined to state that cruel, inhuman treatment of suspects is flourishing everywhere. However, some ill-trained officials use unlawful methods of treatment, and the probability of getting them punished or redressing losses and moral damage is very low. Illegally obtained confessions are used as the best evidence in trial.
We think the conditions in detention centers and some prisons, and so called «dedovshchina» in the army, are permanent and large-scale violations of the Convention against torture.
Capital punishment, the most cruel and inhuman one, is frequently applied in Ukraine. Unprecedented number of executions (in 1996 Ukraine was following the world champion, China: 167 death sentences were executed in our country) makes impossible to count Ukraine among civilized states.
We should point out the common facts of cruel treatment of refugees and migrants from Caucasian countries by state officials.
Existing objective reasons of deteriorating the conditions in detention centers and prisons (lack of finances for prisoners maintenance and personnel wages because of economic crisis) cannot excuse of the current situation, as well as issues concerning crime growth and need to suppress it.
Deepening economic crisis and general trend to tough public policy in criminal proceedings in response to growth of crime create a vicious circle: in order to reduce crime the government inflicts heavier punishments, so the number of prisoners grows, conditions in detention centers and prisons are deteriorating, then recidivism is increasing and the society as a whole is getting even more cruel. Finally, all these facts procure further growth of crime. The government should break this vicious circle leading to escalation of torture and cruel treatment.
It is a most positive fact that NGOs are trying to monitor and examine facts of cruel treatment, to protect persons, whose individual rights have been violated by state officials, and to support law enforcement agencies in promoting information about human rights. Some 7 years ago such discourse was impossible. However, the civil society is still too weak in Ukraine to change radically the situation in this country.
In order to improve the situation it is necessary under the provisions in force:
- to substitute immediately the detention by the obligation to remain within the jurisdiction for all the accused in crimes punishable by imprisonment up to 3 years;
- to make sure that every detainee be informed promptly of his or her rights, especially the right to complain about cruel treatment;
- to ensure that relatives of a detainee shall be informed of his or her detention immediately;
- to release the suspects on bail in more cases;
- to control the length of detention that it shall not be excessive, the detainee shall be informed of nature of charges and shall have the opportunity to meet his or her defendant before the first interrogation;
- to ensure to everyone, who claims to have been tortured, the opportunity to get impartial medical inspection within a reasonable time;
- alleged offenders in torture or cruel treatment shall be subject to criminal proceedings.
The following measures are to be taken to change the current situation radically:
- adoption of a new, more human oriented Criminal Code providing definition of torture and cruel treatment, sanctions for its infliction and enabling courts to pass more sentences imposing alternative punishments;
- adoption of new Criminal Procedure Code preventing eventual infliction of torture and cruel treatment to detainees, the arrested and accused;
- imposing strict legal limitations on preventive detention;
- enacting stern legal limitations on the terms of pre-trial detention;
- carrying on independent legal expertise of internal rules in the field of investigations and corrections;
- improvement of court practices, making common alternative punishments;
- adoption of new Corrections and Labor Code that is in compliance with the international standards for penitentiary establishments;
- professional training curriculum of law enforcement and military officials should include a course on human rights, with especial stress on documents against torture and cruel treatment;
- getting law enforcement personnel and military officers acquainted with provisions of the UNO Convention against Torture;
- ensuring legal grounds for court and civic monitoring the law enforcement agencies activities, promoting adoption of the law on ombudsman.
CONTENTS
European Convention on Human Rights and Additional Protocols for it, in Ukrainian;
UNO Convention against Tortures and Other Cruel, Inhuman or Degrading Treatment or Punishment, in Ukrainian;
European Convention against tortures, and Other Cruel, Inhuman or Degrading Treatment or Punishment, in Ukrainian;
Second periodic report of Ukraine to the UNO Committee against tortures, in Russian;
Summary record of the first part (public). Consideration of the second periodic report: Ukraine, in Ukrainian;
Summary record of the third part (public). Consideration of the second periodic report: Ukraine, in Ukrainian;
Report of the special reporter of the UNO Committee on Human Rights, Mr. N.Rodli about his trip to Russia, in Russian;
Recommendation by 'Amnesty International': how NGOs could prepare their own submissions and reports to the CAT, in Russian;
Third periodic report of Ukraine to the UNO Committee against tortures, in Russian;
The Amnesty International report to the CAT, in Ukrainian;
Independent reports to the CAT of the Ukrainian NGOs, in Ukrainian;
Parts of the question/answer hearing on Ukraine at the CAT, in Ukrainian;
Recommendations of the CAT to the Government of Ukraine as a result of the discussion about the third periodic report, in Ukrainian.
ЗМIСТ