CAT/OP/UKR/3
identify armed groups’ military positions. The Subcommittee also understands that, in some
cases, acts were committed by private individuals or volunteer battalions with the consent
or acquiescence of public officials.
36.
As it did during its 2011 visit (see CAT/OP/UKR/1, paras. 64 and 93-94), the
Subcommittee also received allegations about the ill-treatment of detained persons,
including juveniles, by the police during their apprehension and interrogation. Reports of
juveniles being punched, kicked, burned and shocked with tasers were borne out by
consistent interviews, observation of injuries and registers (even if such records were not
always complete). Many detainees stated that, following ill-treatment by the police, they
were prevented from entering pretrial detention facilities (SIZOs) because they had visible
injuries and had therefore been kept in pretrial centres under the authority of the national
police (ITTs) for their “faces to heal” before being registered and undergoing a medical
examination at a SIZO.
37.
In addition, it appears that prosecutors and judges are not particularly sensitive or
sympathetic to complaints of torture and ill-treatment. A number of factors may contribute
to this, including the already heavy workloads and limited training of prosecutors, the
deference shown to police investigators given prosecutors’ reliance on them for other cases
and a tolerance for torture committed by “defenders” (volunteers fighting in eastern
Ukraine), stemming from expressions of sympathy for their cause. During its visit, the
Subcommittee observed that allegations of torture and ill-treatment were not raised — or
were raised belatedly — by defence lawyers who preferred to focus on the criminal charges
made against their clients, as it was only for dealing with those charges that the lawyers
would be remunerated. In addition, the Subcommittee met many officials, including
administrators, law enforcement officers and medical professionals, who did not feel it was
their responsibility to report suspected cases of torture and ill-treatment.
38.
When allegations of torture were looked into, some investigative steps, such as
medical examinations, witness interviews and the provision of timely access to the scene of
the events, were either severely delayed or completely thwarted. Moreover, the
Subcommittee observed that accounts of suspicious injuries were treated in a variety of
ways. In some cases, a report was forwarded to the prosecutor’s office; in others, it was sent
to the police. In any event, it was not clear that investigations systematically followed from
such reports, perhaps because some were sent to the police officers accused of committing
the act. In addition, a number of reports received no reply and others received only an
initial acknowledgment.
39.
The Subcommittee recommends that the State party take urgent measures to
prevent and punish all acts of torture and ill-treatment occurring at the hands of, or
with the consent or acquiescence of, State officials. To that end, the Subcommittee
recommends that the State party: (a) investigate all allegations of torture and illtreatment through processes that are prompt, impartial and transparent, in addition
to being efficient and effective; and (b) prosecute those responsible. Persons convicted
for acts of torture and ill-treatment should be sanctioned with penalties
commensurate with the severity of their crimes.
40.
The Subcommittee also recommends that allegations of torture and illtreatment, as well as suspicions of such acts arising from observable injuries and/or
medical examinations, be systematically acted upon in the same way and that those
making the allegations be protected from reprisals.
41.
The Subcommittee further recommends that the State party establish and
maintain a national register of all allegations of torture and ill-treatment that includes
the following information:
(a)
The details of each allegation received;
(b)
An indication of the institution or location where the act or condition is
alleged to have taken place;
(c)
The date when the allegation was received;
(d)
The rationale for the decision taken in respect of the allegation and the
date of that decision;
(e)
8
Any action taken as a result.