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SECTION 1
IMPLEMENATION OF THE NATIONAL
PREVENTIVE MECHANISM IN UKRAINE:
SPECIFIC FEATURES
1.1. UKRAINE’S OBLIGATIONS WITH REGARD TO
IMPLEMENTATION OF THE OPTIONAL PROTOCOL
TO THE CONVENTION AGAINST TORTURE AND
OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT
On July 21, 2006 the Verkhovna Rada
(Parliament) of Ukraine ratified OPCAT
- the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment (Law of Ukraine # 22-V,
of July 21, 2006). According to OPCAT
provisions each State Party is obliged
to set up, designate or maintain at the
domestic level one or several visiting
bodies for the prevention of torture
and other cruel, inhuman or degrading
treatment or punishment (the national
preventive mechanisms, or NPMs).
The Optional Protocol contains no
provisions regarding the format and
organizational structure of NPMs but
obligates the State Parties to guarantee
the functional independence of the national preventive mechanisms as well
as the independence of their personnel, to make available the necessary
resources for NPM functioning and,
when establishing national preventive
mechanisms, to give due consideration
to the principles relating to the status
of national institutions for the promotion and protection of human rights.
According to part one of Article 4 of
OPCAT each State Party shall allow
NPMs to visit 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 shall be undertaken with a view to strengthening, if
necessary, the protection of these persons against torture and other cruel,