CAT/OP/UKR/1
widespread dissemination of the recommendations would contribute to a transparent and
fruitful national dialogue regarding the criminal justice system within Ukraine.
10.
The SPT wishes to draw the State party’s attention to the Special Fund established in
accordance with article 26 of OPCAT. Recommendations contained in public SPT visit
reports can form the basis of an application by the State party for funding of specific
projects through the Special Fund.
11.
The SPT recommends that Ukraine requests the publication of the present
report in accordance with OPCAT article 16(2). The SPT further recommends that
Ukraine requests the publication of the CPT’s report on its visit in 2009.
12.
The SPT wishes to express its gratitude to the Ukrainian authorities and, in
particular, the Ukrainian governmental focal point for the visit, Valeriya Lutkovska,
Ministry of Justice, and her staff, for their positive cooperation and facilitation of the visit.
13.
Further details about the SPT’s concerns regarding access and preparation of the
visit are contained in the confidential preliminary observations.
II. National Preventive Mechanism
14.
Ukraine should have established or designated a National Preventive Mechanism
(NPM) at the latest one year after ratification and entry into force of the OPCAT. Although
some efforts had been undertaken to determine the model of the NPM, including the
elaboration of a draft Presidential Decree, at the time of the SPT visit the Ukrainian NPM
had not been created. In its Preliminary observations the SPT had expressed its views on
the draft Presidential Decree, in particular, that the draft provisions of the decree were not
in conformity with article 17, and did not reflect the SPT Guidelines on NPMs 6 and the
Paris Principles.7
15.
In this connection, the SPT regrets that the Ukrainian authorities have not responded
to the offer of further assistance and advice concerning the establishment of an NPM that
the SPT had extended in accordance with OPCAT article 11 (b)(i). Furthermore, the SPT
had recently learned that the Presidential Decree establishing the Commission on the
Prevention of Torture as an advisory body under the auspices of the President had been
finally signed.
16.
The SPT urges the Ukrainian authorities to take fully on board the concerns
raised in its Preliminary observations. In line with the principle of cooperation and
constructive dialogue with State parties and in conformity with the article 11 (b)(iv),
the SPT expresses its willingness to further assist the State party, by means of a
prompt advisory visit, which would seek to make recommendations and observations
with a view to strengthening the capacity and the mandate of the designated NPM.
III. Overarching issues
17.
In addition to examining the specific situation of persons deprived of their liberty in
different types of institutions (Chapter IV), the SPT examined a number of overarching
systemic issues relating to the treatment of persons deprived of liberty. These issues are
addressed in sections A-F.
6
7
4
The SPT guidelines on national preventive mechanisms, CAT/OP/12/5.
The Principles relating to the status of national institutions for the promotion and protection of human
rights, known as the “Paris Principles”, annexed to General Assembly resolution A/RES/48/134.