Chapter 7. Observing the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment
People coming into contact with the bodies and institutions of the police and the penitentiary system 145
also face risks to their personal security.
Example
The Commissioner received complaints about human rights violations in Berdiansk Correctional Colony
(no. 77)79 and undertook a monitoring visit. Following these, in March 2019, the Commissioner sent
requests to the SBI, the Prosecutor-General’s Office and the Ministry of Internal Affairs to respond to
reports of possible brutal beatings and torture, as well as extortion of money from relatives of convicts
held in the correctional colony. The Commissioner also sent a request to the Minister of Justice of Ukraine
to take urgent measures to ensure the safety of four convicts who may have been subjected to this abuse.
The SBI investigators began a pre-trial, criminal investigation into these reports under part two of Article
127 (torture by a group of persons), part two of Article 365 (excess of power or official authority by a law
enforcement officer), part two of Article 364 (abuse of power or official position), and part two of Article
189 (extortion committed repeatedly, or by prior conspiracy by a group of persons, or an official using
his/her official position) of the Criminal Code of Ukraine.
It should be noted that the SBI investigators and territorial offices often refuse to enter information on
criminal offences revealed during the monitoring visits of the National Preventive Mechanism into the
URPTI.
Some requests made by the Commissioner and representatives of the Commissioner in cases of human
rights violations by law enforcement officers are forwarded by the territorial bodies of the SBI directly
to the bodies where these same law enforcement officers are employed. Answers received by the
Commissioner from these law enforcement bodies often state that there are no circumstances indicating
that a criminal offence has been committed.
The Commissioner sent claims to local courts on the failure of investigators to act in eight cases where
officials of the SBI territorial offices had refused to enter information into the URPTI. All these claims were
upheld by the courts. Law of Ukraine 3352-XII “On Pre-Trial Detention” of 30 June 1993 establishes rules
on separate detention in places of pre-trial detention. These rules of consistently ignored, leading to
conflicts between prisoners, sometimes resulting in bodily harm or more serious crimes. Administrators
at these institutions often try to hide such cases and do not document complaints. Instead, injuries
received by prisoners are recorded as accidental injuries.
Report published at: www.ombudsman.gov.ua/ua/all-news/pr/27319-si-u-politsiii-mista-fastova-na-kiiivschini-viyavleni-porushennyaprav-gr/.
78
79
Report published at: www.ombudsman.gov.ua/ua/all-news/pr/13319-dw-dlya-vzhittya-zaxodiv-reaguvannya-schodo-mozhlivogo-porushennya-prav-z/.
CHAPTER 7
Monitoring visits by the National Preventive Mechanism revealed that the use of physical violence, by
staff in places of detention as well as psychological pressure in the form of threats and intimidation of
detainees to obtain information or – vice versa – to conceal certain human rights violations, are common
practices. One such case was revealed during a monitoring visit to Fastiv police unit of Vasylkiv police
department of the MDNP in Kyiv oblast78.
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