CAT/OP/UKR/3
which means that persons could be held and interrogated for prolonged periods without
enjoying their right to legal advice.
48.
As mentioned above, the Subcommittee welcomes the creation and continued
development of a State-sponsored legal aid system. It is concerned, however, that in many
cases lawyers have limited interaction with their clients, whom they often meet for the first
time during the pretrial period or even at the court hearings, where they are unable to
properly engage with detainees on a defence strategy. This is particularly true for legal aid
lawyers provided by the State party, who detainees often consider to be underqualified or
not impartial, improperly supporting the work of the investigators and pressuring them to
confess.
49.
Furthermore, the Subcommittee is concerned that, in some institutions, consultations
between lawyers and detainees take place in investigation rooms that are under electronic
surveillance. In other cases, written communication between lawyers and detainees is
restricted, which means that detainees may only communicate confidentially during face-toface meetings.
50.
The Subcommittee recommends that the State party ensure that all detainees
have access to legal counsel from the outset of their deprivation of liberty and
throughout the detention period.
51.
The Subcommittee also recommends that the State party ensure that legal
advice provided through its legal aid system is prompt, professional and given in the
interests of the detainee, not of the detaining authorities. Appropriate training should
be provided by independent professional bodies to lawyers providing legal aid. The
Subcommittee further recommends that such training be extended to include counsel
representing detainees accused of crimes in connection with the armed conflict in
eastern Ukraine. The Subcommittee reiterates the recommendation made in
paragraph 42 above.
52.
The State party is urged to guarantee the absolute confidentiality of
communications between lawyers and their clients.
Medical care and examination
53.
Through its analysis of medical registers at all institutions and its interviews with
detainees, the Subcommittee notes that detained individuals undergo a routine medical
examination, including screening for HIV and tuberculosis, at the start of their deprivation
of liberty. The Subcommittee has observed, however, that, despite this, some detainees’
medical records appear repetitive or scant, which suggests that such examinations are
superficial in nature. In a number of SIZOs, in particular, detainees are simply asked if they
have any medical complaints instead of being examined by a health practitioner. Where
injuries are recorded, there is no indication of how the injuries were sustained. Moreover,
medical examinations are often performed in the presence of other officials, such as
members of the convoy or guards on duty, which infringes upon confidentiality and may
discourage a discussion of injuries resulting from torture and ill-treatment. The
Subcommittee has also noted that medical examinations have been conducted through cell
bars or within metal “cages” in cells.
54.
The Subcommittee is concerned that, as with other fundamental safeguards, medical
examinations do not appear to be guaranteed to those who, despite being deprived of
liberty, are not held in places recognized by the State party as official places of detention.
55.
The Subcommittee has also observed that 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).
While the Subcommittee is encouraged to hear that medical professionals in SIZOs, ITTs
and penitentiaries feel they are appropriately supported and can perform their work
autonomously, the Subcommittee is concerned that medical professionals in places of
detention do not consider it their duty to question whether injuries observed may be the
result of torture and ill-treatment. The Subcommittee further notes that medical
professionals in criminal justice institutions consider the head of the facility as their
immediate supervisor. This supervisory chain may result in conflicts of interests that could
deter health professionals from reporting injuries evidencing torture or ill-treatment.
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