ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS 138 7.1. Right to protection from torture, cruel, inhuman or degrading treatment or punishment CHAPTER 7 The right to protection from torture, cruel, inhuman or degrading treatment or punishment is guaranteed by the Universal Declaration of Human Rights and the Constitution of Ukraine. The results of monitoring visits to the vast majority of places of detention of various types, however, prove that such violations are common in Ukraine. Beatings, infliction of other bodily injuries, excessive use of restraints and special means to restrain persons in places of detention, prolonged isolation in unsuitable premises, non-provision of analgesics to severely ill patients, including cancer patients, are among the violations revealed during monitoring visits undertaken by the National Preventive Mechanism. However, bodily harm is often not documented, as requested by the United Nations Guiding Principles on the Effective Investigation and Documentation of Torture, Other Cruel, Degrading Treatment or Punishment (partially incorporated into Ukrainian law) and regulations in force, and the victims are not provided with healthcare. Example During a monitoring visit to Holosiivskyi police department of the MDNP in the city of Kyiv, it was revealed that police officers had used physical violence against detainee E. in order to obtain a confession from him. In one of the offices, police officers beat the detainee, stretched him to inflict pain, put on him a gas mask and threatened him with a firearm. As a result of these actions, the detainee sustained an internal injury in the chest area, bruises, abrasions, and a hematoma on his back61. After the Commissioner published this information, investigators from the Central Office of the SBI entered data on the criminal offence into the URPTI and started a pre-trial investigation into criminal proceedings under part one of Article 127 (torture) of the Criminal Code. The pre-trial investigation is ongoing. Excessive use of force by police officers during apprehension is common. Example A monitoring visit to Karlivskyi MDNP police department in Poltava oblast revealed the case of detainee R., who suffered an internal fracture of the tibia during use of special means (handcuffs) by police officers. This case is indicative62. 61 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/6219-ld-fakti-pobittya-nenalezhnij-oblik-ta-porushennya-prava-lyudini-na-zaxis/. 62 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/rezultati-mon%D1%96toringovogo-v%D1%96zitu-do-pol%D1%96cz%D1%96j-m%D1%96sta-karl%D1%96vka-poltavsko%D1%97-oblast%D1%96/.