CAT/OP/UKR/1
23.
The SPT recommends that the Ministry of Internal Affairs issue an official
order, prohibiting the setting of crime solving rates for the police, and develop an
action plan to tackle the negative culture which their use has generated.
24.
The SPT recommends that the State party ensures that there is an appropriate
budgetary allocation which is sufficient to ensure that the police force is comprised of
well-motivated, appropriately salaried staff, sufficiently trained in modern forensic
investigation techniques, and with a proper awareness of human rights approaches.
Internal monitoring mechanisms should be put in place to ensure officers’ compliance
with international human rights standards. 9
2.
General Prosecutor
25.
The SPT remains gravely concerned by the multiplicity of roles undertaken by the
public prosecutor in (a) conducting criminal investigations, (b) overseeing the legality and
human rights compliance of those investigations, and (c) discharging responsibility for the
prosecution of persons formally accused. Furthermore, public prosecutors reportedly
continued to rely heavily on suspects’ confessions in fulfilling their work.
26.
Echoing recommendations of other international bodies, 10 and regional
mechanisms,11 the SPT recommends that the multiple roles of the public prosecution
be revised, with a view to enhancing the independence of the prosecution’s
investigations of allegations of torture and ill-treatment.
27.
The SPT further recommends that the State party develop appropriate training
of prosecutors to effectively clarify their role vis-à-vis other relevant institutional
actors, i.e. police investigators and the judiciary. Such training should include, inter
alia, (a) the need to reduce reliance on confession evidence and (b) the obligation to
report torture or ill-treatment. The work of the prosecution must fully respect
international human rights standards.12
3.
Free legal aid
28.
Through interviews conducted with persons deprived of their liberty, the SPT found
that an effective free legal aid system was lacking in Ukraine. National legislation provides
for free legal assistance if a defendant is unable to pay for a lawyer. However, most
interviewees who were unable to pay for a lawyer had not been provided with a public
defence lawyer or legal aid. Thus, most persons deprived of their liberty were without
effective legal representation.
29.
The SPT recommends that the State party prioritise the strengthening of the
legal aid system, in order to ensure that it has the necessary human and financial
resources to enable it to offer adequate legal defence to all persons deprived of their
liberty effectively, with an urgent priority being given to those in pre-trial detention,
and in particular children in pre-trial detention.
9
10
11
12
6
Including the United Nations Code of Conduct for Law Enforcement Officials, adopted by General
Assembly resolution 34/169.
Including the recommendations made by the United Nations Committee against Torture in
CAT/C/UKR/CO/5, 2007; and the United Nations Working Group on Arbitrary Detention in
A/HRC/10/21/Add.4, 2009.
Including those made by the Council of Europe Commissioner for Human Rights in the report on his
visit to Ukraine, CommDH(2007)15.
Including the United Nations Guidelines on the Role of Prosecutors, adopted by the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, 1990.