CAT/OP/UKR/3 9. The present report contains the overall findings and recommendations concerning the prevention of torture and ill-treatment of persons deprived of their liberty (also referred to as “detainees” and “detained persons”) in Ukraine. In drafting it, the Subcommittee took into consideration the report on its first visit to Ukraine, undertaken in 2011, and the implementation of the recommendations made therein (CAT/OP/UKR/1). The term “illtreatment” is used to refer to any form of cruel, inhuman or degrading treatment or punishment.1 10. The Subcommittee requests that the Ukrainian authorities reply within six months of the date of transmittal of the present report, giving an account of the actions taken and a road map for full implementation of the recommendations contained herein. 11. The report is a tool on which to base a dialogue between the Subcommittee and the Ukrainian authorities on the prevention of torture and other forms of ill-treatment. In it, the Subcommittee makes general observations that are applicable to numerous places of deprivation of liberty (also referred to as “places of detention”), with a view to the authorities implementing the recommendations made in specific institutional contexts. While not all places are mentioned in the report, the Subcommittee reserves the right to comment on any place visited in its future dialogue with the State party. The absence of any comment in the report relating to a particular institution visited by the Subcommittee does not imply either a positive or a negative finding in relation to it. The Subcommittee believes that a round-table discussion on follow-up measures would be the most effective and efficient way of furthering dialogue on the issues raised. 12. The Subcommittee recommends that the State party include in its reply an account of how recommendations will be implemented both in specific institutions and, where appropriate, at the general policy level. It also recommends that, in its reply, the State party include proposals for ways in which the Subcommittee could provide further assistance and advice in furtherance of its mandate under article 11 of the Optional Protocol. 13. The present report will remain confidential until such time as the State decides to make it public, as provided for in article 16 (2) of the Optional Protocol. The Subcommittee firmly believes that the publication of the report would contribute positively to the prevention of torture and ill-treatment in the State party, as the widespread dissemination of the recommendations would foster a transparent and fruitful national dialogue on the issues covered. The Subcommittee therefore recommends that the State party permit the report to be published. The Subcommittee further welcomes the oral commitment of the State party to doing so. 14. Furthermore, the Subcommittee draws the State party’s attention to the Special Fund established pursuant to article 26 of the Optional Protocol. Recommendations contained in Subcommittee visit reports that have been made public can form the basis of an application for the financing of specific projects through the Fund. 2 II. National preventive mechanism 15. The designation of the Ukrainian Parliament Commissioner for Human Rights (the Ombudsman) as the national preventive mechanism has been one of a number of positive developments since the Subcommittee’s first visit. Moreover, the creation of a dedicated department within the Ombudsman’s Office indicates a recognition of the specialization needed to carry out national preventive mechanism functions (see CAT/OP/UKR/1, paras. 14-16). 16. Despite this positive development, the Subcommittee is concerned that the national preventive mechanism lacks sufficient resources to fully carry out its Optional Protocolmandated functions, particularly given the thousands of places of detention that exist in Ukraine. While benefiting from productive relationships with international and regional 1 2 4 See the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 16. See www.ohchr.org/EN/HRBodies/OPCAT/Fund/Pages/SpecialFund.aspx.