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
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