CAT/OP/UKR/1 recommendations and observations with a view to strengthening the capacity and the mandate of the designated NPM. The SPT also encourages the Ukraine to support and promote the activities of NGOs, which can provide additional means of oversight. D. Pre-trial detention 59. The SPT was gravely concerned to find cases of persons being held for up to nine years of pre-trial detention. Such long periods of pre-trial detention could not be satisfactorily justified, and were exacerbated by the conditions of detention in which pretrial detainees were being held (as further developed in Chapter IV). Moreover, pre-trial detention was applied as the norm, rather than the exception. Alternative measures to pretrial detention, such as bail, house arrest, social services, inter alia, were very limited in both theory and practice. 60. The SPT recommends the State party to take the necessary legislative and practical steps, including the training of judges, to increase the use of non-custodial alternative measures to pre-trial detention, with due regard to international and regional standards.28 The length of pre-trial detention shall be strictly monitored by the relevant authorities. Pre-trial detention should be a last resort in criminal proceedings, should only be used for limited periods of time, and as determined by law, with due regard to the investigation of the alleged offence, and to the protection of society and the victim. Persons held in pre-trial detention should be presumed innocent.29 E. Juvenile justice 1. Systemic issues 61. The SPT is concerned at the slow pace of reforming the juvenile justice system in Ukraine. In the absence of a specialized juvenile justice system, children 30 in conflict with the law were tried by ordinary courts. While the right of children to free legal assistance was recognised by law, the quality of the free legal services provided to children was reportedly very poor. (a) Legislation in need of amendments 62. Ukrainian legislation contained provisions allowing joint adult/child confinement for “safety reasons”, and permitted children to be held in solitary confinement for up to five days as a disciplinary measure. Joint adult/child confinement is contrary to the principle of separation of children from adult prisoners. 31 63. The SPT considers the maximum sentence of 10 years that can be imposed for offences not involving murder committed by persons under age 18, under current national legislation, to be excessive. 28 29 30 31 12 Including the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), adopted by General Assembly resolution 45/110, Rule 6.1. International Covenant on Civil and Political Rights, article 14, paragraph 2. In accordance with article 1 of the Convention on the Rights of the Child (CRC), children are all human beings below the age of eighteen years, unless if under the law, majority is attained earlier. ICCPR, article 10, para.2 ; CRC, article 37; Beijing Rules, rules 13.4 and 26.3; UN Rules for the Protection of Juveniles Deprived of their Liberty, Rule 29.