CAT/C/UKR/CO/6
while also bearing in mind recent events. It should, in practice, provide all victims of
torture or ill-treatment with redress, including fair and adequate compensation, and
as full rehabilitation as possible, and should allocate the necessary resources for the
effective implementation of rehabilitation programmes.
The Committee draws the attention of the State party to its general comment No. 3
(2012) on the implementation of article 14 by States parties, which clarifies the content
and scope of the obligations of States parties to provide full redress to victims of
torture.
Statements made as a result of torture
22.
While welcoming the adoption of the new Code of Criminal Procedure, which
provides for the inadmissibility of evidence obtained through torture or cruel, inhuman or
degrading treatment, or the threat of such treatment, in criminal proceedings, the
Committee is concerned that in some cases reliance on confessions continues (arts. 2, 15
and 16).
The State party should:
(a)
Take the steps necessary to ensure in practice that confessions obtained
as a result of torture and ill-treatment in all cases, and in line with domestic legislation
and the provisions of article 15 of the Convention, are not admissible in court;
(b)
Improve the methods of criminal investigation to end the practice
whereby confessions are relied on as proof in criminal prosecutions, in some cases in
the absence of any other evidence;
(c)
Submit information on the application of the provisions prohibiting the
admissibility of evidence obtained under duress and whether any officials have been
prosecuted and punished for extracting such confessions.
Hazing and ill-treatment in the army
23.
The Committee is concerned at reports that hazing continues to take place in the
army and at the absence of investigation and prosecution of such cases and the absence of
redress for victims (arts. 2 and 16).
The Committee reiterates that the State party should:
(a)
Reinforce measures to prohibit and eliminate ill-treatment in the armed
forces and ensure prompt, impartial and thorough investigation of all allegations of
such acts; establish the liability of direct perpetrators and those in the chain of
command; prosecute and punish those responsible with penalties that are consistent
with the gravity of the act committed; make the results of such investigations public;
and provide the Committee with information on the follow-up to confirmed cases of
hazing in the army;
(b)
Provide redress and rehabilitation to victims, including through
appropriate medical and psychological assistance, in accordance with the Committee’s
general comment No. 3.
Data collection
24.
The Committee regrets the absence of comprehensive and disaggregated data on
complaints, investigations, prosecutions and convictions of cases of torture and illtreatment by law enforcement, security, military and prison personnel, as well as on
extrajudicial killings, enforced disappearances, trafficking and domestic and sexual
violence.
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