of criminal offences under article 127 of the CC of Ukraine (willful causing of severe physical pain or physical or mental suffering by way of battery, martyrizing or other violent actions for the purpose of inducing the victim or any other person to commit involuntary actions, including receiving from him/her or any other person information or confession) that provides for criminal responsibility. In accordance with paragraph 1 of Chapter XI “Transitional Provisions” of the CPC of Ukraine, until entry into force of Article 216 of the CPC of Ukraine, which provides that pre-trial investigation of criminal offences committed by law enforcement officials is held by the state investigation bureau, powers of pre-trial investigation of criminal offences by law enforcement officials are vested with the investigators of prosecution authorities. In addition, the Law of Ukraine “On Prosecution” provides that prosecution authorities are responsible for oversight of compliance with the law by authorities conducting operational and detective activities, inquiry, pre-trial investigation, as well as in cases of the use of coercive measures related to restrictions of citizens’ liberty. For the above reasons, as well as due to the fact that the legislation does not allow the Commissioner to enter data on criminal offences into the ERDR and conduct pre-trial investigation, the citizens’ complaints with information about torture are referred to the prosecution authorities pursuant to Article 60 of the CPC of Ukraine (notification of crime) for entry into the ERDR and adequate investigation. However, in most cases prosecution officials ignore the requirements of the Criminal Procedure Code and review petitions that contain information about crimes in accordance with the Law of Ukraine “On Citizens’ Petitions”. As a rule, the prosecution official justify such actions by the fact that during examination they fail to find objective data on criminal offences as defined by article 11 of the CC of Ukraine. In addition, in certain cases they forward petitions to the bodies actions of which are subject to complaint. Therefore, prosecution officials deprive victims of torture and cruel treatment of effective investigation and prosecution of perpetrators. The Commissioner has addresses the Prosecutor General of Ukraine with multiple petitions on violations by prosecution officials of the city of Kyiv, Kharkiv and Sumy regions of the rights of citizens to effective investigation of ill-treatment in accordance with the ECHR case law (reg. no. 1.-1293/14-66 dated 08.07.14 №), and on ineffectiveness of investigation of instances of torture and ill-treatment by prosecution officials of Cherkasy region (reg. no.1.-790/14-66 dated 16.04.2014). However, the said violations persist. 46

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