Chapter 7. Observing the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment
Cases of torture and ill-treatment by staff in educational institutions where orphaned children and 139
children deprived of parental care stay are also quite widespread. Examples of ill-treatment include
isolation and forcing children to exercise in a way that degrades their dignity.
Example
In the social protection system, the most common examples of ill-treatment include excessive use of
isolation, use of restraints (e.g., clothing with elongated sleeves for tying hands), and establishment of
an informal hierarchy among residents, so that some of them assist the staff in performing certain tasks,
and are allowed to use violence against other residents, with the tacit consent of the staff.
None of the boarding schools document injuries sustained by persons under their care, including the
cause of the injury and any follow-up. Cases of injuries of such persons are not investigated, and there
are no reports filed on inspections of incidents.
Example
During a monitoring visit to Starodobrovilskyi psychoneurological residential care facility in
Dnipropetrovsk oblast, the patients complained to the monitoring group about sexual violence carried
out by informal leaders that were among the other patients. The monitors also found patients with bruises.
According to the patients, the bruises were inflicted by the nurses at the facility. No investigations had
been conducted into this and similar situations and no medical records were kept. Many of the patients
drew attention to the particular cruelty of two medical orderlies. According to them, on 1 May 2018,
these medical orderlies inflicted bodily injuries on patient B. Later that day, he died, which is confirmed
by an entry in the death register for the facility.
Patient Z. also died at the facility, a day after being hit in the stomach by a medical orderly on 21 April
2019 and denied medical care.
Following the report of the monitoring visit, the police launched a pre-trial investigation in two criminal
cases64.
63
Report published at: www.ombudsman.gov.ua/ua/all-news/pr/rezultati-mon%D1%96toringovogo-v%D1%96zitu-do-novoprazko%D1%97-specz%D1%96alno%D1%97-zagalnoosv%D1%96tno%D1%97-shkoli-%D1%96nternatu-%D1%96-%D1%96%D1%96-stupen%D1%96v-na-k%D1%96rovogradshhin%D1%96/.
64
Report published at: www.ombudsman.gov.ua/ua/all-news/pr/u-starodobrovolskomu-psixonevrolog%D1%96chnomu-%D1%96nternat%D1%96-zaf%D1%96ksovan%D1%96-fakti-zhorstokogo-povodzhennya,-znushhannya,-a-takozh-prinizhennya-chest%D1%96-ta-g%D1%96dnost%D1%96-p%D1%96dop%D1%96chnix/.
CHAPTER 7
During a conversation with 30 primary school students at Novoprazka special boarding school in
Kirovohrad Oblast, the children complained that as a form of punishment for disobedience, they were
put on their knees and forced to sit in a static position with their arms outstretched63.
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