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.
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