The UN Subcommittee on Prevention of Torture recommends that Ukraine introduce legislative changes that will end impunity for torture and ill treatment in prisons.
“The Subcommittee on the Prevention of Torture reiterates its recommendations that the provisions of the Criminal Code that contain the definition of torture should be fully brought into line with Article 1 of the Criminal Procedure Code, thereby eliminating real or potential loopholes for impunity,” the report of the UN subcommittee said in the report presented in Kyiv on Friday.
The report notes that the subcommittee recommends that for a crime such as torture criminal proceedings should opened under an article that deals with torture, rather than an article on abuse of power or abuse of office.
In addition, the recommendations of the subcommittee indicate that Ukraine should take urgent measures to prevent the punishment of all acts related to torture and ill-treatment committed by government officials, or with their tacit consent.
The subcommittee also recommends that all allegations of torture and ill-treatment should be investigated.
Among the recommendations of the subcommittee, mandatory access to a lawyer should be provided to every person deprived of liberty from the moment of imprisonment and guarantee that they will have this access throughout the entire period of their detention.
In addition, the subcommittee recommends that the relevant Ukrainian authorities guarantee to detainees medical assistance immediately after their relevant request and allow family members of detained persons to communicate with them.
The subcommittee recommends conditions be created for detainees to be able to file complaints directly with the management of the place of detention or other instances, as well as to the agencies that have the authority to rectify the situation.
In its report, the subcommittee expressed concern about the material conditions of those imprisoned for life and recommended improving their conditions of detention.
After the publication of the report of the subcommittee, First Deputy Minister of Justice of Ukraine Natalia Sevostianova said: “In terms of legislative work on the implementation of the committee’s recommendations, we have first of all submitted amendments to the Criminal Code that deal with clarifying the term ‘torture’… in order to bring it into line with the UN Convention against Torture “.
