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PREAMBLE
In the present-day world torture and ill-treatment are shameful and appalling. For
many decades the international community has tried to resolve this problem by
adopting various legal instruments to counter torture and by way of establishing
institutional mechanisms for compliance with such instruments.
A relatively new instrument that, however, has already proved its efficiency is the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (OPCAT), adopted on December 18, 2002.
The principal idea of OPCAT is to set up in every state a system of regular independent
visits to any place under its jurisdiction and control where persons are or may be
deprived of their liberty, either by virtue of an order given by a public authority or
at its instigation or with its consent or acquiescence. These visits are undertaken
with a view to strengthening, if necessary, the protection of these persons against
torture and other cruel, inhuman or degrading treatment or punishment. Monitoring
visits of custodial settings by independent experts exercise a deterring effect on public
authorities and, accordingly, minimize the risk of becoming a victim of torture.
Ukraine ratified the Optional Protocol on July 21, 2006. On August 9, 2012 the President
of Ukraine submitted to the Verkhovna Rada the draft Law of Ukraine “On Amendments
to the Law of Ukraine on the Ukrainian Parliament Commissioner for Human Rights
with Regard to the National Preventive Mechanism” that vested NPM functions with the
Ombudsman. The Parliament approved this Law on November 4, 2012.
After a public debate with participation of well-known domestic and international
experts it was decided to implement the “Ombudsman +” NPM model, which implies
joint monitoring visits of custodial settings by the staff of the Office of the Ombudsman
of Ukraine and by civil society activists.
On May 25, 2012 the Secretariat of the Ukrainian Parliament Commissioner for Human
Rights got a new subdivision in its structure – the Department for implementation of
the national preventive mechanism. The process of selection of the personnel for this
Department lasted throughout the year, in order to staff the new unit, on competitive
basis, with professionals of considerable practical experience in the sphere of monitoring
of the respect of human rights and freedoms in the performance of closed institutions.