provision
according
to which the procurator
haa to decide on the lawfulness
of
detention
was compatible
with article
9, paragraph
4 , of tlm Covenant8 whether
damage caused to a citieen
a6 a result
of unlawful
arrest
or detention
‘entailed
automatic
reparation
by the State; whether
it wa6 still
possible
for
a person to be compelled to undergo psychiatric
treatment
without
any
authority
being informed;
and whether
the system of forced
and compulsory
labour in the Ukrainian
SSR wa6 compatible
with article
8 of the Covenant.
205. In his reply,
the representative
of the State party pointed out that,
under the Ukrainian
Criminal
Code, prisoners
could be placed in solitary
confinement
for up to a year, depending on the type of establishment where
they were serving their sentences.
Decisions on such matter6 were strictly
regulated by law and were taken by the prison administration
in agreement with
the procurator.
In general, offenders were subjected to different
prison
regimes depending on their personality
and the gravity
of the offence they haa
committed.
The Standard Minimum Rule6 for the Treatment of Prisoners were
generally
complied with, but they were not Observed everywhere because many
persons working in penal institution6
did not know about them. The fact that
procurators
had the power to order pre-trial
detention did not necessarily
involve violations
of the Covenant.
The Supreme Soviet had decided in 1959 to
set the maximum period of pre-trial
detention ordered by a procurator
at
18 months. Abuses committed by an organ of inquiry were punishable and the
responsibility
of the State or of the person involved was engaged in that ca6e.
206. Responding to other questions, the representative
said that the
legislation
of the Ukrainian SSR clid not contain any provision
similar to that
of article
9, paragraph 3, of the Covenant.
Alternative
form6
of aetention
set out in the new article
160 of the Criminal Code included fines and extra
work at the convicted person’s usual place of work. Compulsory labour was
imposed as a replacement for a CU6tOdf61
sentence and was, therefore,
in no
Confessions obtained by physical or
way inconsistent
with the Covenant.
psychological
coercion could not be accepted by the court of first
instance
but, in practice,
some persons had been convicted on the basis of such
confessions.
The Procurator’s
Office and the Ministry
of the Interior
had,
however, instituted
proceeding6 against the official6
who had emerted pressure
to obtain confessions.
207. Referring to the possibility
of the assistance of counsel af:er arrest,
the representative
said that there were a number of problem6 in that area,
notably owing to the shortage of lawyers.
Consideration wa6 being given to
methods for providing
legal assistance and the new Code of Criminal Procedure
would contain provisions
in that regard,
In 1989, the authorities
had adoptea
provisions
relating
explicitly
to psychiatric
help * eetting out guarantees for
those confined and stressing that individual6
who were not mentally ill should
not be confined in psychiatric
hospitals.
Biaht
to a fair
Q.&d
208. With regard to that issue , members of the Committee wished to know what
qualifications
were necessary for appointment as a judge and what were the
grounds for dismissing a judge: what the procedure6 were for recalling
or
dismissing a judge before the expiry of his term: what guarantees there were
for ensuring that the terms and conditions of service and other emoluments and
privileges
of judges were not altered to their detriment during their terms of
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