CAT/OP/UKR/3
80.
The Subcommittee recommends that the State party guarantee to international
and national monitors, including the national preventive mechanism, the United
Nations human rights monitoring mission in Ukraine, the Special Monitoring Mission
to Ukraine of the Organization for Security and Cooperation in Europe and the
International Committee of the Red Cross, full and open access to all places where
people are or may be deprived of their liberty, regardless of whether those places have
been recognized officially as detention facilities.
81.
Furthermore, the Subcommittee recommends that the State party ensure that
all individuals, including those accused of offences under articles 109-115, 258, 260261 and 437-438 of the Criminal Code, be tried without undue delay, in accordance
with fair trial standards established by international human rights law.
82.
Recalling the absolute prohibition of torture contained in article 2 (2) of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which states that “no exceptional circumstances whatsoever, whether
state of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification for torture”, the Subcommittee
reiterates its recommendation that all allegations of torture and ill-treatment be
investigated and prosecuted, and that penalties be imposed that are commensurate
with the grave nature of such acts.
Persons serving a life sentence
83.
In line with observations made in its 2011 visit report, the Subcommittee is
concerned that the situation of persons serving a life sentence is inhumane (see
CAT/OP/UKR/1, paras. 128-132). In SIZOs around the country, including those visited in
Kharkiv, Lviv, Bakhmut, Mariupol and Zaporizhzhia, the Subcommittee observed cells that
were small, poorly ventilated and humid, with appalling hygiene and a lack of sanitation.
The cells were also bare, with inadequate toilet facilities and bedding. Some cells were also
dark, while in others detainees were subjected to artificial lighting on a continuous basis.
84.
Those conditions were exacerbated by the imposition of a strict regime. Assumed to
be dangerous despite not having undergone an individual risk assessment, persons serving a
life sentence were obliged to remain in their cells 23 hours a day without the opportunity to
undertake occupational or recreational activities. Access to exercise facilities was
inadequate. In addition, detainees reported being handcuffed when taken out of the cell for
exercise and during medical examinations. Such a blanket regime, which is stricter than that
applied to other prisoners, is equivalent to placing such prisoners under disciplinary
measures for the duration of their detention.
85.
The Subcommittee reiterates its recommendation that the State party improve
the material conditions in cells, including in respect of water and sanitation, and that
it remedy the lack of activities for persons serving a life sentence (see CAT/OP/UKR/1,
para. 132).
86.
The Subcommittee recommends that the State party reform the regime applied
to persons serving a life sentence so that they are not uniformly punished in excess of
what their sentence requires. It also recommends that such prisoners, like other
detainees, serve their sentence according to a treatment plan designed on the basis of
an individual security assessment.
Transfers
87.
The Subcommittee is concerned about the system of transferring detainees from one
institution to another. In particular, frequent transfers between SIZOs in different parts of
the country and from SIZOs to ITTs disrupt detainees’ daily routines, their contact with the
outside world and their access to legal counsel, among other safeguards. Such transfers may
also relegate detainees to institutions, such as ITTs, that do not provide the same material
conditions and access to occupational activities as penitentiaries, for prolonged periods.
Moreover, when carried out without a well-articulated investigative purpose, frequent
transfers may be employed to intimidate or punish detainees. As mentioned in paragraph 61
above, the system for registering these transfers is also problematic.
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