200. In his reply,
the representative
of the State party pointed out that the
number of death sentences
imposed and carried
out had gone down by one third.
Four bills
relating
to the publication
of sentencing
statistics
had been
drafted since 1986 but none had yet become law and the problem would be fully
Under
dealt with only when a political
decision had been taken in Parliament.
the draft new Criminal Code, the death penalty would be retained only for
aggravated homicide, crimes against the State, spying, terrorism and acts of
Although the threat of the death penalty had not
violence against minors.
that, in a referendum,
proved to be a deterrent
to crime, it was likely
80 per cent of the population would be in favour of maintsining it.
Article
123 (1) had been applied in 16 cases, mainly for banditry
and serious
crimes such a6 hostage-taking.
201. Death sentence6 were reviewed by the Court of Appeal at the request of
circumstances, be dealt with by
the accused person and could, in exceptional
the Supreme Soviet.
Moreover, it was possible in all cases to apply for a
of Criminal Legislation,
not only pregnant
pardon. Under the new Principle6
women, but all women, would no longer be subject to execution,
and the seme
would apply to men over the age of 60. These provisions had not yet been
applied since they had not yet been approved by Parliament.
202, With regard to question6 raised relating
to the protection
of the right
to life
against the risk of nuclear disaster and environmental pollution,
the
representative
explained that after the accident at Chernobyl, a "high-risk"
area within a radius of 300 kilometres had been designated and the inhabitant6
within that area had been moved into new housing that had been built
for
area had been extended and a decree
them. Subsequently, the high-risk
concerning 1iabiLity
in cases of non-compliance with instructions
relating
to
environmental protection
had been adopted.
Other texts relating
to the
protection
of citizens
who had Suffered losses in the disaster were currently
under consideration.
A moratorium
on the construction
of new nuclear plants
and power stations had also been imposed.
Liberty
and securitv
of the Derscln
tmtduant
of dazwrs
and
203. With reference to that issue, member6 of the Committee wished to know
what were the conditions and the maximum duration of solitary
confinement;
what were the main differences
in the regimes of prisons and corrective
labour
institutions
or educational
labour coloniest whether the United Nations
Standard Minimum Rules for the Treatment of Prisoners were complied with in
all such places of detention]
whether there was any mechanism to prevent abuse
of the judicial
power6 of the procurator
and what recourse was available
to
persons who had been victims of such abuses; what was the maximum legal period
of detention without trial;
and whether there was any provision
for a regular
review by a court of such detention,
204. Member6 also wished to know whether the courts of first
instance were
required to invalidate
any sentence based on a forced confessions whether
persons responsible for ill-treating
prisoners were liable to criminal
prosecution or disciplinary
sanction6 ; whether measures had been taken to
inform persons under arrest that they had the right to communicate with
of the Ukrainian SSR contained a specific
Counsel: whether the legislation
provision comparable to article
9, paragraph 3, of the Covenant; whether the
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