during the first 24 hours, the procurator had been notified of his arrest and
had made sure that it had been carried out in conformity with the law. The
accused could have access to a lawyer after three days and once he had been
charged; that was the general rule, whether the person had been detained by the
police, the army or the security forces. However, in practice, that was still
not the case. The representative pointed out that, not long before, the maximum
period of pre-trial detention in Ukraine could be extended by the procurator of
the Union for up to one and a half years.
127. With regard to article 4 of the Convention, the representative provided
figures on proceedings instituted in the last three years against public
officials and members of the police force. Those figures showed that legal
action had been taken against 1,567 officials in 1990, 438 in 1991 and 1,002 in
1992. He also provided additional information on the four crimes which were
punishable by the death penalty under the Ukrainian Penal Code and underlined
that under the Soviet Code 37 crimes had been made punishable by the death
penalty.
128. With reference to articles 6 and 7 of the Convention, the representative
stated that the rules applied to extradition had not yet been changed but, in
his view, appropriate provisions on extradition would be included in the new
Constitution.
129. With regard to article 10 of the Convention, the representative indicated
that a special training institute for public officials was to be set up in
Ukraine to ensure that all Government departments had competent managerial
staff. The training of psychologists who would be sent to work in penal
establishments would include the study of international human rights instruments
and the legislation on the implementation of the Convention against Torture, in
particular.
Conclusions and recommendations
130. The Committee thanked the Government of Ukraine for having submitted its
second periodic report on time. It took note, in particular, of the part of the
report dealing with the laws and other measures introduced to ensure respect for
human rights in general and the application of the Convention in particular.
131. The Committee also noted that the second periodic report of Ukraine was not
fully in accordance with the general guidelines regarding the form and contents
of periodic reports and recommended that the next periodic report should
describe in detail the measures planned or taken with a view to the application
of the provisions of the Convention, and would appreciate it if legislative
texts of interest, such as the Constitution, codes and new laws, could be
transmitted as soon as they had been drawn up to the Secretariat for
communication to the Committee against Torture. The Committee expressed the
view that, within approximately two years, the desirability of requesting an
additional report from Ukraine should be considered.
132. In addition, the Committee expressed the hope that the Supreme Council and
Government of Ukraine would take all necessary steps to ensure application of
the provisions and respect for the requirements of the Convention.
New Zealand
133. The initial report of New Zealand (CAT/C/12/Add.2) was considered by the
Committee at its 126th and 127th meetings, on 13 November 1992 (see
CAT/C/SR.126, 127 and 127/Add.2).
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