CAT/OP/UKR/1
against them. The SPT also received allegations regarding the tampering or nontransmission of correspondence.
54.
A human rights approach requires that persons deprived of their liberty are
understood to have legal rights, and be empowered not only to lodge complaints, but also to
have access to the means and channels necessary to pursue and achieve justice. One of the
basic safeguards against torture and ill-treatment is the right of a detainee or their legal
counsel to lodge a formal complaint regarding their treatment.26 The mere existence of
complaints mechanisms is not enough; they must be, and must be seen to be, independent,
impartial and effective.
55.
In this regard, the SPT recommends:
(a)
That all persons deprived of their liberty be informed (for instance,
through leaflets and posters) about their right to submit direct and confidential
complaints, i.e. without filtering by police or prison staff and/or other detainees, to the
authority responsible for the administration of the place of detention, to higher
authorities and to authorities with remedial powers;
(b)
That the right to submit complaints be guaranteed in practice, and that
complaints be received uncensored as to substance and be considered and replied to
without undue delay;
(c)
That no reprisals or other forms of prejudice be suffered by those
making a complaint;
(d)
That the relevant authorities establish and maintain a register of all
complaints received, including their nature, the institution where it originated, date of
receipt, date of decisions, the nature of the decision and any action taken as a result;
(e)
That the State party establish a national register of all allegations of
torture and ill-treatment.
4.
Visiting bodies and oversight mechanisms
56.
The SPT regrets the dissolution of the department for human rights monitoring of
the Ministry of Internal Affairs, and the so-called mobile monitoring groups that previously
conducted monitoring of police facilities and ITTs. The SPT took note of the mandate of
the Parliamentary Commissioner for Human Rights to conduct monitoring of places of
deprivation of liberty, but noted that this institution did not have the capacity to adequately
cover the entire country.
57.
Institutional oversight mechanisms are important in the prevention of torture and illtreatment. Oversight mechanisms should conduct regular and unannounced visits and have
the possibility to interview inmates and detainees in private, and to oversee and discuss the
management and administration of institutions and facilities with staff.
58.
The SPT recommends that Ukraine increase the level of institutional oversight,
both independent and internal, by the relevant bodies and authorities, in order to
ensure that the central State authorities are fully aware of issues and problems within
institutions and facilities throughout the country.27 In addition, the SPT reiterates its
call on the State party to accept a prompt advisory visit, which would seek to make
26
27
Principle 33 of the Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment, adopted by General Assembly resolution 43/173; Rules 35 and 36 of the Standard
Minimum Rules for the Treatment of Prisoners.
European Prison Rules, Rule 9.
11