A/HRC/40/59/Add.3 territorial integrity of the State, the Special Rapporteur stresses the need for effective action on the part of the Government of Ukraine with a view to ensuring strict compliance of all State officials with existing laws and safeguards for the prevention, investigation and prosecution of torture and other cruel, inhuman or degrading treatment or punishment. Determined action on the part of the Ukrainian authorities is required, particularly to combat what appears to constitute a pattern of police violence. 116. The prohibition of torture and ill-treatment is one of the most fundamental norms of international law, and allows for no exceptions under any circumstances. The systematic and independent monitoring of its faithful implementation throughout the territory of Ukraine must be a priority both for the Government and for the various de facto authorities. B. Recommendations 117. The Special Rapporteur believes that there is no better deterrent to torture and other cruel, inhuman or degrading treatment or punishment than the unambiguous expression and determined implementation of a strong political will to prevent, investigate and prosecute such abuse. 118. It is in a spirit of respect and support that the Special Rapporteur offers the following recommendations with a view to ensuring that every individual in Ukraine is free from torture and other cruel, inhuman or degrading treatment or punishment, regardless of the authority under which she or he lives. 1. Recommendations to the authorities of Ukraine 119. Regarding the effective prevention of torture and ill-treatment, the Special Rapporteur recommends that the executive, legislative and judicial authorities: (a) Amend the Criminal Code of Ukraine to align it with international standards and practice and to ensure accountability for acts of torture and other cruel, inhuman or degrading treatment or punishment. In particular, the following changes should be introduced: (i) Amend the legislation to include a definition of torture in the Criminal Code that is in conformity with the Convention against Torture and covers all the elements contained in article 1, including the infliction of torture by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity, who can be prosecuted under article 127 of the Criminal Code, and the element of discrimination; (ii) Amend the legislation to ensure that persons who are alleged to have committed acts of torture are prosecuted under article 127 of the Criminal Code and that penalties commensurate with the gravity of the crime are applied in such cases, as set out in article 4 (2) of the Convention against Torture; (b) Ensure that statements or confessions taken from persons deprived of their liberty, other than those made in the presence of a judge and with the assistance of legal counsel, have no probative value in proceedings against that person, and that confessions and testimonies that may have been obtained through torture or other illtreatment are not used in any proceedings; (c) Ensure that fundamental safeguards are granted to all persons deprived of their liberty without exception, such as the right to be informed of their rights and about the reasons for their arrest, the right to inform their family of their arrest and whereabouts, the right to a lawyer, the right to see a medical doctor and the right not to self-incriminate and not to sign documents of unknown content; (d) Establish a single national register of detention that includes factual details about detention, including transfers, and ensure that it contains the exact date, 17