The State party should adopt measures to ensure in practice prompt, impartial and effective
investigations into all allegations of torture and ill-treatment and the prosecution and punishment of
those responsible, including law enforcement officials and others. Such investigations should be
undertaken by a fully independent body.
Independence of the judiciary
(25) While noting with satisfaction the introduction of many fundamental legislative amendments, the Committee
remains concerned about allegations, as reported by the Special Rapporteur on the independence of judges and
lawyers in 2005(see E/CN.4/2005/60/Add.2), of a lack of independence of judges since the designation of oblast and
rayon judges rests entirely with the President (art. 2).
The Committee reiterates its previous recommendation (A/56/44, para. 129 (e)) that the State party
should guarantee the full independence and impartiality of the judiciary, inter alia, by guaranteeing
separation of power.
(26) While welcoming the adoption of a recent legal amendment transferring the power of issuing arrest warrants
to courts solely, the Committee expresses concern, however, at the preeminent role performed by the Procuracy. The
Committee reiterates the concerns expressed in its previous concluding observations (A/56/44, para. 128(c))
regarding the insufficient level of independence and effectiveness of the Procurator, in particular due to its dual
responsibility for prosecution and oversight of proper conduct of investigations and failure to initiate and conduct
prompt, impartial and effective investigations into allegations of torture and ill-treatment (arts. 2 and 12).
The State party should, as a matter of priority, pursue its efforts to reform the Procuracy, in particular
by amending article 16(2) of the Constitution, its Criminal Code and its Criminal Procedure Code so
as to reduce the procurator’s dominating role throughout the judicial process and secure a fairer
balance between the respective roles of the prosecutor, the defence counsel and the judge. The State
party should establish effective and independent oversight mechanisms to ensure prompt, impartial
and effective investigations into all reported allegations of torture and ill-treatment, and legal
prosecution and punishment of those found guilty.
(27) The Committee notes with concern the report by the Special Rapporteur on the independence of judges and
lawyers that defence lawyers lack adequate legal training and have very limited powers to collect evidence, which
conspires to hamper their capacity to counterbalance the powers of the Prosecutor and impact on the judicial
process. The Committee notes with further concern allegations that the procedure of appointing a lawyer lacks
transparency and independence (arts. 2 and 7).
The Committee reiterates its previous recommendation (A/56/44, para. 129(f)) that the State party
should take measures to permit defence counsel to gather evidence and to be involved in the case
from the very start of the detention period. The State party should also guarantee the independence
and quality of State-funded legal aid and continue to improve the level of legal education and
introduce continuous legal education and training so as to raise the level of professionalism of
lawyers.
Compensation and rehabilitation
(28) While welcoming the information provided by the delegation that victims of torture have the possibility to be
compensated, the Committee is concerned, nevertheless, at the lack of examples of cases in which the individual
received such compensation, including medical or psychosocial rehabilitation.
The State party should provide compensation, redress and rehabilitation to victims, including the
means for as full rehabilitation as possible, and provide such assistance in practice.
41
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