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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