A/HRC/40/59/Add.3
3.
Detention of juveniles
38.
While acknowledging the Government’s efforts to ensure that juveniles are held in
isolation, the Special Rapporteur noted with concern that, throughout Ukraine, adolescents
from 14 to 18 years of age are accommodated in the same institutions as adults, under
conditions which, considering their age and vulnerability, must be regarded as inadequately
harsh.
39.
The Special Rapporteur is of the view that the juvenile justice system should
emphasize the well-being and best interests of the juvenile and ensure that any response to
offences committed by juveniles remains in proportion to the circumstances of both the
offenders and the offence.
40.
All juvenile detainees in Ukraine should therefore be accommodated in institutions
separate from adults, providing conditions that cater to their specific vulnerability and needs
and to the best interests of the child.
41.
Moreover, the Special Rapporteur recommends that pretrial detention of juveniles be
used only as a measure of last resort and for the shortest possible period of time. Whenever
possible, pretrial detention should be replaced by alternative measures, such as close
supervision, intensive social care or placement with a family or in an educational setting or
home.
4.
Access to health
42.
The Special Rapporteur is particularly concerned by reported shortcomings in access
to medical care throughout the penitentiary system. The Special Rapporteur’s team noted that
specialized medical services, such as gynaecology and dentistry, among others, were not
always available due to a shortage of the required means of transportation and guarded wards
in general hospitals.
43.
Despite a high prevalence of drug addiction, special treatment for drug addiction is
either lacking or is terminated upon a prisoner’s entry into a place of detention. The
procurement of medication for prisoners with HIV and multi-drug-resistant tuberculosis
seemed adequate for sentenced detainees but difficult to access for pretrial detainees. The
Special Rapporteur is also concerned by the apparent shortage in mental health professionals
including psychologists and social workers.
44.
While the Special Rapporteur welcomes the envisaged transfer of responsibility for
health care from the penitentiary administration of the Ministry of Justice to the Ministry of
Health, he notes with concern the reported reluctance of some of the authorities concerned to
complete this crucial change. In particular, the currently unclear supervisory chain of health
professionals in detention centres may impede them from documenting and reporting injuries
resulting from torture or ill-treatment.
45.
The Special Rapporteur also notes with serious concern the reported failure of medical
staff to conduct thorough medical examinations of detainees, despite existing regulations.
Medical staff reportedly did not inquire about injuries or probe further for explanations. Many
medical personnel are generally unfamiliar with the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol), and in some places of detention do not consider it to be
their duty to question whether observed injuries may be the result of torture and ill-treatment.
C.
Allegations of torture and ill-treatment
46.
The Special Rapporteur is pleased to report that, in his meetings with the judicial,
legislative and executive branches of the Government of Ukraine, all officials emphasized
their unequivocal commitment to the absolute and non-derogable prohibition of torture and
other cruel, inhuman or degrading treatment or punishment.
47.
However, despite existing international, regional and domestic legal safeguards for
the prevention of torture and ill-treatment, and despite a reported improvement in the recent
past, the use of violence by law enforcement agencies and the Security Service of Ukraine
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