Chapter 7. Observing the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment
OBSERVING THE RIGHT NOT TO BE SUBJECTED TO TORTURE OR TO CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT
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During the year, the State continued to carry out structural reforms that covered almost all areas of
public life, in particular, healthcare, education, social protection, decentralization, and the functioning
of law enforcement agencies.
Reflecting this situation, the deinstitutionalization of certain types of places of detention, in particular
those included in reform programmes, and changes in approaches in their activities, were under
the special control of the Commissioner in 2019 during implementation of the National Preventive
Mechanism.
In 2019, 711 monitoring visits were conducted to places of detention (as of 1 January 2019, there were
5,044 such institutions in Ukraine). The number of public monitors involved in such visits increased in
2019 to 175 people, which indicates an increase in the level of openness in the implementation of this
function by the Commissioner.
The Commissioner also considered a total of 1,775 reports from citizens in prisons and their families
about violations of their rights.
As a result of monitoring visits, law enforcement agencies launched pre-trial investigations in 63 criminal
cases, covering illegal actions by law enforcement officers and prosecutors including injuries, torture,
abuse of office, and endangering the safety of a person. This included 40 proceedings initiated by the
State Bureau of Investigations.
These measures taken by the Commissioner helped identify the main human rights violations in places
of detention, in particular: torture, cruel, inhuman or degrading treatment or punishment; violations
of the rights to liberty and security of person; inadequate living conditions, including provision of
adequate food, clothing, housing; lack of access to health care and medical assistance; and lack of access
to professional legal aid.
Elimination and minimization of such violations require active measures to be taken by central executive
authorities responsible for the development and implementation of national policy on the functioning of
places of detention. These should take into account the recommendations provided by the Commissioner
in the context of the National Preventive Mechanism.
2019
1,775
reports from citizens
711
monitoring visits
CHAPTER 7
At the same time, the regulations for ministries approved by the Cabinet of Ministers of Ukraine and
other legal acts, however, do not cover regulation of how ministries or their departments oversee the
activities of institutions subordinate to them, including places of detention of various types. This means
that there is no requirement to assess the impact of reforms on the persons in such institutions.
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