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.