CAT/OP/UKR/3
42.
The Subcommittee recommends that the system of legal aid be reformed so that
legal representatives of detainees are remunerated for all work done on behalf of their
clients rather than only for the work done on the specific charge brought against
them.
IV. Situation of persons deprived of their liberty
A.
Fundamental safeguards
Information on rights and on detention
43.
The Criminal Procedure Code provides persons detained in criminal justice
institutions the right to have documentation setting out the reasons for their detention and to
have information on their rights. 5 The Subcommittee observed, however, that, in practice,
many detainees were either not informed of those rights or were not informed of the reasons
for their detention from the outset. In some cases, individuals were told at the time of their
arrest to sign a document listing the relevant provisions of the Criminal Procedure Code
without having had sufficient time to read and understand it. Others were given the
document to keep. However, the text was too small, incomplete or barely legible. The
Subcommittee noted that little or no information was provided explaining how to file
complaints related to the violation of their rights. The Subcommittee is also concerned that
many detainees appear to have signed forms waiving their right to legal assistance,
suggesting that this is routine practice.
44.
The Subcommittee recommends that the State party ensure that all detained
persons are fully informed of the reasons for their arrest or confinement, as well as of
their rights as detainees, as soon as they are deprived of their liberty. It also
recommends that information on rights be communicated in a clear and easily
understandable way, for example through posters displayed in all places of detention,
including in rooms and cells, and by distributing factsheets that are comprehensive,
legible and intelligible to detainees, in their own language. It further recommends that
all persons deprived of their liberty be informed (for instance, through leaflets and
posters) of their right to submit direct and confidential complaints to administrators
in places of detention and to higher-level authorities, including to those with remedial
powers, and of how in practice this can be done in a secure and confidential fashion.
Notification of custody
45.
The Subcommittee regrets that the right to notify a family member or another chosen
person of one’s detention is not always ensured in practice. In particular, it is concerned
that individuals who are held in places not recognized by the State party as official places
of detention may be restricted in the information they can provide to an outside contact. For
example, they may be permitted to mention the fact but not the place of their detention, or
they may be prevented from notifying a third party of their custody for several weeks,
which renders their situation a case of enforced disappearance.
46.
The Subcommittee recommends that the State party guarantee that, as a
routine matter, all persons deprived of liberty are able to ensure that a third party of
their choice is notified of where and when they have been detained from the outset of
their detention.
Access to a lawyer
47.
The Subcommittee is concerned that the right to a lawyer is not routinely guaranteed
in all institutions. During its visit, the Subcommittee noted instances where investigators
had failed to contact detainees’ lawyers shortly after apprehension. The Subcommittee also
observed that access to a lawyer was sometimes interrupted, for example, when detainees
were transferred to ITTs. In addition, in cases of unofficial detention, detainees did not have
access to a lawyer as soon as they were deprived of liberty but only after they had been
transferred to an institution recognized by the State party as an official place of detention,
5
Criminal Procedure Code, articles 208 (4) and 212 (3.2).
9