ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS 142 Example CHAPTER 7 In Teplyk District Court of Vinnytsia oblast, defendants and convicts attending court hearings are kept in two rooms, one of which is a stone “black hole” measuring 1x1 square metres, with a concrete floor and no windows73. Inconsistencies between the definition of the concept of torture in Article 127 of the Criminal Code of Ukraine and the definition in Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment create an enabling environment for violations of the right to freedom from torture and ill-treatment in places of detention to take place. The difference between the concepts is the absence of a reference to the crime being committed by a state official in the Criminal Code, meaning that torture can only be prosecuted as regular violence. In addition, lack of internal control over the activities of places of detention by central executive authorities and inadequate control by state oblast administrations and oblast councils leads to a lack of incentives for prison staff to adhere to international and domestic standards for adequate treatment of detainees. RECOMMENDATIONS To the Verkhovna Rada of Ukraine – expedite consideration and adoption of the draft law of Ukraine “On Amendments to the Law of Ukraine ‘On Pre-trial Detention’ (concerning the implementation of certain standards of the Council of Europe)” (no. 0882 of 29 August 2019). To central executive authorities (Ministry of Health of Ukraine, Ministry of Social Policy of Ukraine, Ministry of Justice of Ukraine, Ministry of Education and Science of Ukraine, Ministry of Internal Affairs of Ukraine, State Migration Service of Ukraine, Administration of the State Border Guard Service of Ukraine, Ministry of Defence of Ukraine), Security Service of Ukraine, State Bureau of Investigation, State Judicial Administration of Ukraine, state oblast administrations, Kyiv State City Administration and oblast councils: 1. Implement the provisions of the United Nations Guidelines on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). 2. Ensure effective internal control over the observance of human rights in places under their jurisdiction and control where persons deprived of their liberty are or may be detained, by order of a public authority or upon its instructions, or with its knowledge or tacit consent. 73 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/tepliczkij-rajonnij-sud-v%D1%96nniczko%D1%97-oblast%D1%96-ponadr%D1%96k-ne-zd%D1%96jsnyu%D1%94-pravosuddya-rezultati-mon%D1%96toringovogo-v%D1%96zitu/.