CAT/C/UKR/CO/6
any other public emergency, may be invoked as a justification of torture”. It draws
the attention of the State party to paragraph 5 of its general comment No. 2, in which
it states that those “exceptional circumstances” include “any threat of terrorist acts or
violent crime as well as armed conflict, international or non-international”.
Accordingly, the State party should:
(a)
Document and undertake prompt, thorough and impartial investigations
into all acts of torture or other ill-treatment, including enforced disappearances and
deprivation of life, committed on any territory under its jurisdiction; keep thorough
documentation on the victims of inhuman treatment in areas not under governmental
control, on the type of violations of the Convention against them and the damage
inflicted, as well as the identity, if possible, of the alleged perpetrators, so that the
State party can fully exercise its duties under the Convention when effective control is
re-established and ensure that those found responsible are prosecuted and held
accountable;
(b)
Ensure that the alleged perpetrators are duly prosecuted, including
persons in positions of command and those who provided legal cover for torture, and
if found guilty, are punished with penalties commensurate with the grave nature of
their act;
(c)
Provide redress and rehabilitation to the victims, in accordance with the
Committee’s general comment No. 3 (2012) on the implementation of article 14 of the
Convention by States parties.
Administrative detention
12.
The Committee is concerned about the continued use of administrative detention for
different purposes of criminal investigation under the Law on Administrative Offences, in
the course of which the detainee is deprived of procedural guarantees, such as the right to
appeal against such deprivation of liberty (arts. 2, 12, 13 and 11).
The State party should ensure that resort to, and the duration of, administrative
detention are reduced and that guarantees exist regarding all fundamental procedural
safeguards.
System of juvenile justice
13.
The Committee is concerned at the reports concerning the absence of a system of
juvenile justice in the State party (art. 2).
The State party should establish a system of juvenile justice which promotes,
whenever possible, alternative measures to deprivation of liberty and guarantees
international standards, including the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines
for the Prevention of Juvenile Delinquency (Riyadh Guidelines), the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules), and
the Guidelines for Action on Children in the Criminal Justice System.
Domestic violence
14.
While welcoming the steps taken by the State party, such as the adoption of the
Prevention of Domestic Violence Act (2001) and the “Stop violence!” campaign, the
Committee is concerned at the persistently high rate of domestic violence. It is also
concerned about the absence of an appropriate normative framework to fight domestic
violence effectively and the lack of availability of remedies for the victims (arts. 2, 12, 13,
14 and 16).
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