MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
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In fact, this draft Law aimed at creating
a Ukrainian NPM in the “Special public authority +” format, since the NCPT
staff would perform NPM functions
together with the involved representatives of civic organizations.
Unfortunately, in late 2008 – early 2009
the global financial crisis and its effects
in Ukraine suspended all follow-up action with the draft law, and the National Committee for Prevention of Torture
was not set up.
Ukraine returned to the matter of NPM
setup only eighteen months later, when
in August 2010 the Ministry of Justice
developed another legislative draft
that assigned NPM functions to the
Ombudsman of Ukraine by a number
of amendments to the Law of Ukraine
“On the Ukrainian Parliament Commissioner for Human Rights”.
However, this draft sparked just criticisms from NGOs. Firstly, it failed to
specify any mechanism of public involvement into monitoring visits; secondly, it contained a clause that implementation of this law did not require
additional budgetary funding. Thus,
even a successful implementation of
the proposed model would hardly imply its efficient functioning. Moreover,
the idea of assigning NPM functions to
the Ombudsman was not carried out.
As a result this draft was not even submitted to the Parliament for consideration.
One year later, in September 2011, the
Government Agent of Ukraine on the
issues of the European Court on Human Rights Valeriya Lutkovska initiated
establishment, under the President of
Ukraine, of the Commission for Prevention of Torture.
The composition of the Commission
was approved by Presidential Edict №
1046/2011 of November 18, 2011. It included Andriy Portnov, Deputy Head of
the Presidential Administration and Advisor to the President of Ukraine, as the
Chairman of the Commission, Valeriya
Lutkovska, the Government Agent of
Ukraine on the issues of the European
Court on Human Rights, and 33 representatives of civic organizations, parliament members, lawyers and civic activists involved in the sphere of torture
and ill-treatment prevention. According to the Regulation on the Commission approved by the same Edict the
Commission for Prevention of Torture is
a permanent consultative and advisory
body under the President of Ukraine,
established to promote Ukraine’s fulfillment of its obligations under OPCAT.
The principal tasks of the Commission were:
–
to reveal facts of torture and other cruel, inhuman or degrading treatment or punishment and to submit, in accordance with the established
procedure, proposals to the President of Ukraine with regard to their termination and further prevention;
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