SECTION 1. Implemenation of the NMP in ukraine 13 entail conditions or treatment which may be possibly recognized as ill-treatment. Independent experts can compare the available custody conditions and existing procedures with relevant international and domestic standards and to develop practical recommendations for the authorities and officials on whom implementation of such recommendations depends. The Concept was approved in 2008 by resolution of the National Commission for enhancement of democracy and implementation of the rule of law – a consultative and advisory body at the President of Ukraine – and submitted to the Presidential Administration for further action. Regrettably, at that time no practical steps for its implementation followed. In 2008-2009 the Ministry of Justice of Ukraine jointly with NGO experts developed the draft Law “On the National Committee of Ukraine for Prevention of Torture” that was to create a relevantly named institution directly performing NPM functions. In view of the excep- tional importance of this draft for development of NPM ideology in Ukraine its text is worth of some detailed consideration. The general provisions of the draft (as of January 12, 2009) defined the legal foundations for the operation of the National Committee for Prevention of Torture (NCPT) as an independent permanent collegiate supervisory public authority with a special status for regular visits of custodial settings for the purpose of ensuring respect of human rights by prevention of torture and other cruel, inhuman or degrading treatment or punishment and of violations of human rights (Annex 3). Analysis of the quoted provisions of the draft give grounds to a conclusion that it reflected practically all requirements to NPMs in accordance with OPCAT. Specifically, the draft Law sought: – to establish a new public authority that would perform regular visits to custodial settings; – to vest this authority with a special status which would, in its turn, grant its independence from other public authorities, especially those in charge of custodial settings; – for the purpose of monitoring visits, to involve representatives of civic organizations into field inspection groups that would operate similarly to the earlier described mobile groups for monitoring of the respect of the constitutional rights and freedoms of citizens by police authorities; – to ensure financial independence of NCPT by annual funding from the State Budget of Ukraine under a separate line item.

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