General Report of the CPT, 2011-2012 78. The delegation observed a number of practices which are likely to hinder efforts to combat ill-treatment and foster a climate of impunity. They include: medical examinations of detained prisoners being performed in the presence of police officers; the return of remand prisoners to police establishments for investigative purposes; the holding of detained persons in temporary holding facilities beyond the initial 72-hour limit provided for by law; cases of persons who allege ill-treatment while in police custody being reported back to the same police establishment for investigation; the non-application of existing legal safeguards (e.g. access to a lawyer) at the outset of the de facto deprivation of liberty, in particular during informal questioning by operational staff. 79. Material conditions of detention were generally satisfactory in the police establishments visited. The delegation also gained a positive impression of the situation in the units for juveniles at the Kyiv and Kharkiv SIZOs. In contrast, conditions of detention were quite simply appalling in many of the other units of the two SIZOs. Numerous cells were in a poor state of repair and had only very limited or no access to natural light. In addition, the delegation expressed concern about the severe overcrowding observed in both establishments. By way of example, at the Kharkiv SIZO, the delegation found a cell measuring some 45 m² which was accommodating 44 prisoners at the time of the visit. There were only 28 beds available which meant that prisoners were obliged to sleep in turns. 80. The delegation examined the health care provided to certain persons being held at the Kyiv SIZO, including Valeriy Ivashenko, Yuriy Lutsenko and Yulia Tymoshenko. The delegation expressed concern that in respect of each of these three persons, considerable delays had occurred in arranging specialised medical examinations outside the SIZO. While noting that symptomatic treatment was being provided to Mr Ivashenko and Ms Tymoshenko, the delegation commented that if their condition did not improve in the very near future, it would be desirable for additional interventions to be explored, if necessary in a specialised hospital setting. Preliminary observations published in March 2012, CPT/Inf (2012) 8 (N.B. The full report of the CPT on the visit was transmitted to the Ukrainian authorities on 30 March 2012) 32

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