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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