CAT/C/UKR/CO/6
Prosecution of acts of torture
8.
As stated in previous concluding observations, the Committee is concerned that
while article 127 of the Criminal Code relates to torture, acts amounting to torture are often
prosecuted under articles 364 (abuse of authority or office), 365 (excess of authority or
official powers) and 373 (compelling to testify) of the Criminal Code, which do not provide
for the criminal liability of all individuals who inflict torture. It is also concerned that
torture is punishable by two to five years of imprisonment and at the low number of persons
convicted for having committed acts of torture (arts. 2 and 4).
The State party should amend its legislation to ensure that persons who are alleged to
have committed acts of torture are prosecuted under article 127 of the Criminal Code
and that appropriate penalties for acts of torture are applied that are commensurate
with the gravity of the crime, as set out in article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
9.
Insufficient legal safeguards were brought to the attention of the State party in the
past, as detained persons do not enjoy in practice all the fundamental legal safeguards from
the very outset of deprivation of liberty, in particular in police detention and temporary
holding centres, such as being informed of and understanding their rights, having access to
an independent doctor and/or to a lawyer and having the right to inform a relative or person
of their choice (arts. 2, 12, 13 and 16).
While noting that different measures are currently being taken, the Committee
encourages the State party to take further effective measures to guarantee that all
detained persons are afforded, by law and in practice, all the fundamental legal
safeguards from the very outset of deprivation of liberty, in accordance with
international standards, including:
(a)
Ensuring that all persons deprived of their liberty are informed about
their rights and provided with prompt access to a lawyer, in line with the legislation in
force, and providing adequate financial resources for the effective functioning of the
free legal aid system;
(b)
Providing detained persons with access to a medical examination by an
independent doctor and, if requested, a doctor of their own choice, and ensuring that
all health-related tasks in police stations are performed by qualified medical
personnel;
(c)
Ensuring that detained persons are able to notify a member of their
family or another appropriate person of their own choice.
The State party should also establish a single national register of detention that
includes factual details about detention, including transfers, and ensure that it
contains the exact date, time and place of detention from the outset of deprivation of
liberty and not from the time of writing of the protocol of detention.
Excessive use of force and killings
10.
The Committee is concerned at allegations of excessive use of force by government
special and riot police and other personnel, in connection with the popular protests
throughout Ukraine, and in particular in the dispersal of protesters in Kyiv on 30 November
2013, as well as events in December 2013 and the reported killings of protesters between
19 and 21 January 2014 and 18 and 20 February 2014. The incidents in February 2014 were
accompanied by so-called sniper killings by unknown assailants and other injuries of
protesters, as well as of police and law enforcement officers. The Committee is also
concerned at other crimes reportedly committed by law enforcement officers during the
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