A/HRC/40/59/Add.3
seems to be structural and impunity widespread. The forensic expert who accompanied the
Special Rapporteur on his visit conducted a number of medical examinations of inmates,
which confirmed physical injuries consistent with the allegations of torture or ill-treatment
received.
1.
Police violence
48.
The Special Rapporteur received numerous allegations of torture and ill-treatment at
the hands of the police, including against juveniles as young as 14, almost always occurring
at the time of apprehension and interrogation. Most inmates reported that such treatment was
used by investigative officers to intimidate them or to force them to confess to an alleged
crime.
49.
In addition to threats and insults, police officers reportedly resorted to kicking and
beating, suffocation techniques, most notably by placing plastic bags over the head, or
suspension and prolonged stress positions. Numerous inmates also reported having been
electrocuted and, in some cases, subjected to mock executions. Several detainees showed
signs of depression and post-traumatic stress disorder, and some still displayed visible marks
of ill-treatment and torture. Others reported having been subjected to techniques of torture
specifically designed to leave no marks including, inter alia, beatings with a thick book or on
the soles of the feet and suffocation techniques, such as water submersion.
50.
Several allegations were also received of excessive use of force at the time of or
immediately following apprehension, including kicks and truncheon blows after the
apprehended person had been placed face down on the ground and handcuffed, of unduly
tight handcuffing during transportation, of death threats and of threats to inflict pain or use
violence (including rape with objects) during questioning.
51.
The Special Rapporteur notes with satisfaction that efforts have been taken to avoid
unnecessary police custody in order to reduce the risk of ill-treatment. The delegation did not
meet any detainees held in local police stations in the course of the visit. However, a number
of inmates who were interviewed claimed to have been detained and ill-treated for several
days in unofficial places of detention before being officially apprehended by the police.
52.
The Special Rapporteur takes the view that determined action is required on the part
of the Ukrainian authorities to combat what appears to amount to a persistent pattern of police
violence. In this context, prompt and effective measures should be taken to change the culture
of the police, which apparently still views ill-treatment as acceptable, and to ensure that any
allegations of ill-treatment are effectively reported and investigated. To that effect, clear
reporting lines should be established to enable law enforcement officials to report any acts of
ill-treatment and torture, and measures should be adopted to protect those who report such
allegations. Moreover, experience shows that overreliance on confession-based evidence in
criminal cases constitutes one of the main incentives for law enforcement officials to use
torture and ill-treatment. It is therefore essential for law enforcement bodies to move away
from confession-based coercive interrogation to science-based non-coercive interviewing
techniques.
2.
Conflict-related torture and ill-treatment
53.
Testimonies of detainees and released victims suggest that the use of incommunicado
detention and torture in government-controlled territory was widespread between 2014 and
2016, but later decreased. According to the testimonies received by the Special Rapporteur,
torture allegedly frequently occurred in the custody of the Security Service of Ukraine or
during periods of unofficial detention. It is also the understanding of the Special Rapporteur
that, in some cases, such abuse was committed in collaboration with private individuals or
volunteer battalions.
54.
The majority of allegations of conflict-related torture and ill-treatment documented
by the Special Rapporteur were said to have occurred in the context of detention by the
Security Service. Detainees accused of crimes linked to the armed conflict in eastern Ukraine
reported having been tortured in order to extract information regarding their involvement,
perceived or actual, in separatist activities or to identify armed groups’ military positions.
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