qualifed staf to provide them with the
necessary assistance.
In most of the prisons visited, material
conditions of detention were on the
whole adequate. However, some of the
cells at Nitra Prison were in a very poor
state of repair and their size was clearly
insufcient for the number of inmates
they could hold (e.g. up to six inmates
in a cell of some 11 m²).
Report and response
published in November 2014,
CPT/Inf (2014) 29 and CPT/Inf (2014) 30
Report on the periodic visit
to Ukraine in October 2013
(torture and ill-treatment by law enforcement ofcials, impunity, safeguards against
ill-treatment, treatment of prisoners, conditions of detention in prisons, reprisals)
91. The main objective of the visit,
which took place in the autumn of 2013
(prior to the beginning of the “Maidan”
events and the government change
which ensued) was to re-examine the
situation of persons held by law enforcement ofcials as well as that of remand
prisoners, in particular in the light of the
provisions of the new Code of Criminal
Procedure which entered into force in
November 2012. For this purpose, the
delegation paid visits to a number of
police and penitentiary establishments in
Kyiv, the Autonomous Republic of Crimea,
Dnipropetrovsk Region, Odessa Region
and Vinnytsia Region. The treatment
of sentenced prisoners at Correctional
Colony No. 81 in Stryzhavka (Vinnytsia
Region) was also reviewed. Further, the
delegation carried out a frst-time visit to
Prison No. 3 in Krivyi Rih (Dnipropetrovsk
Region), which held various categories of
inmate, including remand prisoners.
92. As regards the police, the CPT’s
delegation found that the new Code of
Criminal Procedure, combined with the
new free legal aid system, had begun to
show potential to combat the phenomenon of ill-treatment by law enforcement
ofcials. The delegation’s fndings clearly
indicated that persons apprehended by
police ofcers after the entry into force
of the new Code ran a lower risk of being
ill-treated than those who had been
detained prior to that date. However,
that risk remained high for detained persons who were not co-operative in the
eyes of law enforcement ofcials and/
or, in the regions in particular, refused to
pay bribes. It also appeared that persons
held by law enforcement ofcials outside
the capital were even more likely to be
subjected to severe ill-treatment or even
torture.
The CPT has stressed that combating the
phenomenon of ill-treatment should be
more than ever a top priority for the
Ukrainian authorities, which should build
upon their initial, limited but encouraging
results to implement all the Committee’s
relevant recommendations and reduce
the gap between the legal framework
and practice. In particular, the authorities
should drive change from the highest
level and develop an ethical culture
among police ofcers; and to ensure better identifcation of law enforcement ofcials; review limits and improve training
on the use of physical force and “special
means”; reduce reliance on confessional
evidence and improve interviewing standards; combat unrecorded detentions;
guarantee an efective right of notifcation of custody, improve the practical
operation of the right of access to a lawyer
and guarantee an efective right to be
examined by a doctor.
93. Concerning prisons, a marked
improvement was noted by the CPT in
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