CAT/OP/UKR/1
lawyer. Finally, medical assistance should be guaranteed and accessible to all persons
detained upon their request.23
2.
Registers
49.
Registers were generally well-maintained throughout the different types of
institutions visited. However, the SPT noted some important cases of inaccuracies and
omissions with regard to the registration of entry and exit of detainees or inmates. In
addition, as mentioned in the preliminary observations, the SPT noted that there was a
distinctive paucity in the number of entries of persons since the beginning of 2011 in the
police stations visited. Finally, the SPT noted that the format for different types of registers
throughout the country was similar but not identical, and that the registry system would
benefit from modernisation.
50.
The SPT reminds the State party that the maintenance of complete and reliable
records of persons deprived of their liberty is one of the fundamental safeguards against
torture or ill-treatment, and is an essential condition for the effective exercise of due
process guarantees, such as the right to challenge the legality of detention (habeas corpus),
and the right of the detainee to be brought before a judge promptly.
51.
The SPT recommends that electronic registers be progressively established
throughout the country, and that registers be harmonised. All persons deprived of
their liberty should be promptly registered in a standardised and unified system.
52.
The SPT recommends that registers at police and ITT facilities record for each
detainee information concerning: (1) exact date and time of apprehension; (2) exact
time of arrival at the facility; (3) reasons for the arrest; (4) authority ordering the
arrest; (5) identity of the arresting officer/s; (6) date, time and reasons for transfer/s
or release; (7) precise information about where the person was held during the whole
period of detention (e.g. cell number); (8) date, time and identity of the person notified
of the detention, including the signature of the officer who proceeded to this
notification; (9) date and time of a family visit; (10) date and time of request and/or
meeting with a lawyer; (11) date and time of request and/or visit of a health
professional; and (12) date and time of the detained person’s first appearance before a
judicial or other authority.24 If necessary, this information should be made available
to the detainee’s lawyer.25 Police officers should be properly trained in the
maintenance of registers, and should enter the information upon arrival of the
detainee. The SPT also recommends that the inventory of personal belongings,
including money, be registered, signed by both officer and detainee at the time of
arrival, and again when the personal belongings are handed back to the detainee or
his/her representative on leaving the police facility.
3.
Complaints mechanisms
53.
Persons deprived of their liberty were only vaguely aware of the possibility of
submitting a complaint, and would generally not complain either because they did not
believe it would lead to any positive or useful outcome, or that it would lead to reprisals
23
24
25
10
Principle 24 of the Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment; and article 6 of the Code of Conduct for Law Enforcement Officials, General
Assembly resolution 34/169.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
Principle 12.
See Principles 12 and 26 of the Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment.