A/HRC/28/68/Add.1 measure against children continues. The Special Rapporteur takes note of the steps taken to investigate cases of ill-treatment at Sakran Juvenile Prison and prosecute alleged perpetrators; however he regrets that, on the date of the dispatch of the reply, most disciplinary cases against custodial officers or prison directors had been dismissed or were still pending. 565. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged or indefinite solitary confinement may never constitute a legitimate instrument of the State and runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment. 566. The Special Rapporteur recalls that when used on juveniles, pregnant women, or people with mental disabilities (A/66/268), solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, even if not used indefinitely or for a prolonged period of time. 567. The Rapporteur concludes that the Government of Turkey, by failing to ensure the physical and mental integrity of the juvenile offenders in detention, by subjecting them to prolonged solitary confinement, not guaranteeing them access to health care, and not ensuring the effective investigation and punishment of those responsible, has acted in contravention of 12 of the CAT, and violated the right of the juvenile offenders in question to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. With regards to the present case, the Special Rapporteur recalls paragraph 6 of General Comment No. 20 of the Human Rights Committee as well as article 7 of the Basic Principles for the Treatment of Prisoners (Adopted by the General Assembly by resolution 45/111 of 14 December 1990). Ukraine JUA 20/02/2014 Case No. UKR 1/2014 State Reply: None to date Allegations of excessive use of force against, killings, injuries, enforced disappearances of, and arbitrary arrests and detention of, largely peaceful protestors and journalists in the context of Euromaidan (“Independence Square”) protests, which have been ongoing in Kiev and other parts of the country since November 2013. 568. The Special Rapporteur regrets that the Government of Ukraine has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 569. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Ukraine, by failing to protect the physical and psychological integrity of protestors and journalists during the Euromaidan protests, has violated the right 94

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