148 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE
2.12. PROPOSALS ON IMPROVEMENT OF THE
LEGISLATION IN THE SPHERE OF ILL-TREATMENT
PREVENTION (DEVELOPED ON THE BASIS
OF MONITORING RESULTS)
1. To prohibit by law any interrogations, investigative actions and interviews by
operational officers at any premises not equipped with video-recording systems with archiving of data.
A relevant recommendation on ar- The electronic (i.e. audio and/or vidrangements in rooms for investigative eo) recording of police interviews
actions was provided by CPT in its 12th represents an important additional
safeguard against the ill-treatment of
General Report [CPT/Inf (2002) 15]:
detainees. The CPT is pleased to note
“The CPT has on more than one occathat the introduction of such systems
sion, in more than one country, discovis under consideration in an increasing
ered interrogation rooms of a highly
number of countries. Such a facility can
intimidating nature: for example,
provide a complete and authentic rerooms entirely decorated in black and
cord of the interview process, thereby
equipped with spotlights directed at
greatly facilitating the investigation of
the seat used by the person undergoany allegations of ill-treatment. This
ing interrogation. Facilities of this kind
is in the interest both of persons who
have no place in a police service.
have been ill-treated by the police and
In addition to being adequately lit, heated of police officers confronted with unand ventilated, interview rooms should al- founded allegations that they have
low for all participants in the interview pro- engaged in physical ill-treatment or
cess to be seated on chairs of a similar style psychological pressure. Electronic reand standard of comfort. The interviewing cording of police interviews also reducofficer should not be placed in a dominat- es the opportunity for defendants to
ing (e.g. elevated) or remote position vis- later falsely deny that they have made
à-vis the suspect. Further, colour schemes certain admissions.”.
should be neutral. …
2. To harmonize the provisions of the Law of Ukraine “On Preliminary Detention” and the Law of Ukraine “On Control of Tuberculosis” regarding protection of the right to health care of detained persons with tuberculosis.
Such persons are placed in remand prisons although under the Law of Ukraine
“On Control of Tuberculosis” treatment
and medical (dispensary) care of all
persons who are afflicted with tuberculosis or infected with tuberculosis my-
cobacteria or were in contact with persons afflicted with contagious forms of
tuberculosis is administered by specialized anti-tuberculosis institutions.
The reason of the current situation
is that Article 4 of Law of Ukraine “On
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