113. The aforementioned efforts notwithstanding, the Committee expressed its
deep concern at the continuing vestiges of the former regime, at the disturbing
use of violent methods and torture in many cases, and at the clemency and
impunity enjoyed by the perpetrators of such acts contrary to the requirements
of the Convention.
114. The Committee expressed the hope that the Government of Argentina would
redouble its efforts to take all legislative, judicial, administrative and other
measures which would be sufficiently effective to halt and prevent the practice
of torture and of all cruel, inhuman or degrading treatment or punishment and,
where necessary, to punish the perpetrators of such acts.
115. The Committee further expressed the hope that the Government would submit
to it as soon as possible the additional information requested by its members.
Ukraine
116. The Committee considered the second periodic report of Ukraine
(CAT/C/17/Add.4) at its 125th meeting, on 12 November 1992 (see CAT/C/SR.125).
117. In introducing the report, the representative of the State party pointed
out that an act on the validity of international agreements in Ukrainian
territory had been promulgated on 10 December 1991 and that international
agreements ratified by Ukraine formed an integral part of national law. He then
referred to the changes taking place in Ukraine, which had started with the
proclamation of its independence on 24 August 1991. Generally, it had been
decided that the laws in force under the previous regime would be maintained if
they were compatible with the new Constitution of Ukraine which was being
drafted. In particular, considerable attention was being given to reducing the
number of offences punishable by the death penalty and to including a definition
of torture in the new codes which were being prepared. The reform of the
judiciary had not yet been completed, but legal measures were under
consideration to guarantee the separation of powers and the independence of the
judiciary. In addition, the new Supreme Soviet of Ukraine had set up three
Commissions. The first dealt with legislative activities, the second with
questions of public order and the third was a human rights commission which
considered complaints submitted to it. The authorities also planned to set up a
new human rights institute which would be responsible for monitoring the
implementation of the relevant legislation. Finally, the representative
provided some information on the judicial bodies existing in Ukraine and stated
that his Government was actively working on the democratization and
modernization of the Ukrainian legal system.
118. Members of the Committee were of the view that the current circumstances
and changes in Ukraine made it impossible to judge the results achieved and to
assess how the Convention was actually implemented in that country. Perhaps a
new report was needed. Furthermore, the report under consideration did not
follow the Committee’s general guidelines for the preparation of reports and did
not refer to any specific decision or provision taken to give effect to each of
the articles of the Convention; it set forth principles and said nothing about
their practical implementation. No information had been provided, in
particular, on measures taken in Ukraine to implement articles 3 and 5 to 15 of
the Convention.
119. Members of the Committee also observed that some provisions of the
Convention were reflected in national legislation but not all, and wished to
know what measures were being taken to incorporate the provisions of the
Convention into internal law and whether the Convention could be invoked before
a court. In addition, they asked whether the public and, in particular, the
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