CAT/OP/UKR/1
2.
Issues arising from visits to specialized facilities
(a)
Reception-distribution centres
67.
Reception-distribution centres were used for both children in conflict with the law,
and children in situations of neglect between 3 and 18 years of age, without any procedural
discrimination between these categories. The SPT recommends that children in conflict
with the law be kept separately from other categories of children in these centres.
(b)
Schools of social rehabilitation
68.
At the time of the SPT visit, the Ministry of Education was operating a network of
eleven schools of social rehabilitation for the deprivation of liberty by court order of
children aged 11-14 years, who had committed a “socially dangerous act”. Since the age of
criminal responsibility is 14 years, the deprivation of liberty in such schools is concerning.
Private interviews with children revealed that relatively minor offences, such as a petty
theft, were penalized with placement in these institutions.
69.
In the absence of other social structures, children who had not committed any
offence, but who presented “antisocial behaviour”, or came from situations of homelessness
or parental neglect, were also admitted to these schools, without a court order. The children
were not separated by categories.
70.
The SPT was favourably impressed by the School for Social Rehabilitation in Lviv,
and the services provided to the children there free of charge. However, the SPT was
concerned by the generally ineffective use of facilities, evident in the ratio of staff to
children and empty installations.
71.
Since no other resources currently exist to respond to situations of child neglect
and for the prevention of delinquency, the SPT considers that these institutions should
be maintained, but that the institutional framework for the schools should undergo a
change in approach from punitive to preventive, 37 in order to prevent further
stigmatization and criminalization of the children. The existing infrastructure and
human resources should be rationalized.
(c)
Correctional colonies for juveniles: Sambirska colony
72.
Although children interviewed by the SPT expressed their positive attitude towards
the Sambirska prison colony, they were not aware of any complaint mechanisms.
Furthermore, the SPT considered the visiting regime, currently established at once monthly,
to be insufficient. Finally, children held in the colony had a reduced choice of vocational
training.
73.
In light of the above, the SPT recommends that the State party:
(a)
Conduct information campaigns for children in conflict with the law on
their rights, and ensure that material on complaint and appeal mechanisms be
included in the training curricula of prison colonies’ staff;
(b)
Authorize regular and frequent visits of children by their relatives, in
principle a minimum of once a week;38
37
38
14
In accordance with the United Nations Guidelines for the Prevention of Juvenile Delinquency (the
Riyadh Guidelines).
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Rules 59 and 60.
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