A/HRC/40/59/Add.3
106. The Special Rapporteur reiterates that torture can only be prevented if oversight
mechanisms and international organizations such as the Office of the United Nations High
Commissioner for Human Rights (OHCHR) and the ICRC are granted unfettered access to
all places of deprivation of liberty.
V. Conclusions and recommendations
A.
Conclusions
107. Throughout his visit, and irrespective of the territories visited, all of the Special
Rapporteur’s interlocutors emphasized their unequivocal commitment to the absolute
and non-derogable prohibition of torture and other cruel, inhuman or degrading
treatment or punishment.
108. Despite noticeable improvements in the recent past throughout the governmentcontrolled territory of Ukraine, the information collected by the Special Rapporteur
indicates that torture and ill-treatment continue to be practised with impunity
throughout the country, including in territories outside the control of the Government.
109. The Special Rapporteur received persistent allegations of torture and illtreatment at the time of arrest and during interrogation, both at the hands of national
police and State security services and at the hands of security services established by
the de facto authorities in Donetsk and Luhansk.
110. Regardless of the authority concerned, the reported ill-treatment followed a
common pattern of intimidation, punishment and forced confessions. In addition to acts
or threats of sexual violence and insults, the most frequent methods of torture allegedly
include kicking and beating, electric shocks, suffocation, suspension techniques and
mock executions, including against teenagers as young as 14 years old.
111. Formal investigations into the numerous allegations of torture and ill-treatment
appear to be rare on both sides of the conflict line, thus creating a strong perception of
impunity.
112. While the Special Rapporteur welcomes ongoing reforms of the penitentiary
system in the government-controlled territory of Ukraine, living conditions in many
detention facilities remain difficult and most of the infrastructure is in dire need of
renovation. The Special Rapporteur notes with particular concern that children
between the ages of 14 and 18 are held under inappropriately harsh conditions in the
same institutions as adult detainees.
113. In the territories controlled by armed groups in Donetsk and Luhansk, the
Special Rapporteur found the detention regime to be extremely oppressive and
intimidating, with inmates being prevented from freely communicating with his team.
While the infrastructure seems generally comparable with that in areas controlled by
the Government, the Special Rapporteur strongly deplores the fact that the conditions
under which he had to make his visits to places of detention in Donetsk and Luhansk
did not allow for a reliable assessment of the treatment prevalent there.
114. Furthermore, the Special Rapporteur reiterates his grave concerns at a system
of “preventive” and “administrative” detention recently introduced in Donetsk and
Luhansk respectively, under which detainees can reportedly be held without access to
a lawyer and or any outside communication for up to 60 days. Any practice of such
incommunicado detention is known to facilitate the perpetration of torture and other
cruel, inhuman or degrading treatment or punishment, and can in itself amount to such
abuse. The Special Rapporteur urges the de facto authorities of Luhansk and Donetsk
to immediately terminate any practice of incommunicado detention and to respect
universally recognized safeguards concerning the liberty, security and dignity of the
person.
115. While fully recognizing the difficult circumstances Ukraine is facing in the
presence of an armed conflict and multiple threats against the sovereignty and
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