A/HRC/40/59/Add.3 the victims of torture and other ill-treatment are provided by civil society organizations through donor-funded programmes. 63. Interviewees further reported that lawyers – public or private – rarely made any real efforts to present their case. The Special Rapporteur notes with concern that detainees do not appear to have access to their personal medical and legal records. The Special Rapporteur has been able to personally verify and confirm that, in some cases, these records seemed to have been tampered with, with a view to concealing potential evidence of torture and other ill-treatment. This observation particularly concerns the documentation of physical injuries upon arrest, which does not appear to be carried out systematically, even where such injuries are visible on photographs taken upon arrest, or which is not carried out in accordance with the international standards set forth in the Istanbul Protocol. 64. The Special Rapporteur takes note of the setting up of the State Bureau of Investigation, which is tasked, inter alia, with criminal investigations into allegations of torture or ill-treatment by law enforcement officials. However, he regrets to report that, at the time of the visit, the Bureau was still not operational. 65. The Special Rapporteur urges the Ukrainian authorities to ensure that the relevant judicial authorities comply with their duty to systematically document and investigate all allegations of torture or ill-treatment and to prosecute all public officials suspected of having committed, ordered or otherwise instigated, consented to, acquiesced in or covered up such abuse, including in situations where they knew or ought to have known that torture was about to be, was being or had been committed by persons under their authority or command. D. Psychiatric, mental health and social institutions 66. The Special Rapporteur welcomes the ongoing deinstitutionalization initiative by the Ministry of Health and the Ministry of Social Policy and welcomes the initial steps taken to provide community-based alternatives. 67. Regarding the process of admitting individuals to mental health institutions, the Special Rapporteur insists on the importance of maintaining close judicial supervision of the process of internment and of the medical treatment provided, ensuring access to independent and effective complaints mechanisms. In that context, the Special Rapporteur notes with appreciation that, by law, individuals over the age of 14 years cannot be placed in a mental health institution without their consent. 68. The Special Rapporteur regrets to report that his request to access the psychoneurological facility for women in the Sviatoshynskyi district of Kyiv was unduly delayed by the centre’s director, thus not allowing his team to conduct the visit and to assess the conditions and treatment prevailing in the institution. 69. The Special Rapporteur’s delegation visited the Sloviansk City Regional Psychiatric Hospital, in particular the sections for children and the ward for tuberculosis patients. The facilities had recently been renovated thanks to international donations and were found to be in excellent condition. 70. Regarding children in psychiatric institutions, the Special Rapporteur regrets to report that information about their health status and rights, potential interventions and alternatives to medical treatment are reportedly not made accessible to the children concerned, taking into account their age and disability. E. National monitoring of detention conditions and the role of the national preventive mechanism 71. The Special Rapporteur notes with satisfaction that the Ukrainian national preventive mechanism, under the responsibility of the parliamentary Commissioner for Human Rights or Ombudsperson, has come a long way in establishing a solid and long-standing relationship with civil society. In particular, through an exemplary system of accreditation (the “ombudsman plus” system), the Ombudsperson has been facilitating the regular participation 11

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