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On Torture and Cruel Treatm Ent in Ukraine (1997-2001)

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On Torture and Cruel Treatm Ent in Ukraine (1997-2001) ON TORTURE AND CRUEL TREATM ENT IN UKRAINE (1997-2001) CONTENT INTRODUCTION...............................................................................................................................................................2 REPORTING TO UN COMMITTEES CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19 OF THE CONVENTION AGAINST TORTURE........................................................................................................................................................3 KG ANALYSIS HOW THE UN CONVENTION AGAINST TORTURE IS OBSERVED IN UKRAINE........................................................... 11 CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE : UKRAINE. 21/11/2001............................. 24 CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS COMMITTEE: UKRAINE. 05/11/2001.......................................................... 27 DEATH PENALTY ..........................................................................................................................................................30 EXTRADITION................................................................................................................................................................38 CRUEL, INHUMAN TREATMENT OF SUSPECTS UNDER INQUIRY AND PRELIMINARY INVESTIGATION............................................................................................................................................................41 JAIL CONDITIONS .........................................................................................................................................................59 TORTURE AND CRUEL TREATMENT IN THE ARMY.............................................................................................76 THE BOOK IS PUBLISHED WITH ASSISTANCE OF THE NATIONAL ENDOWMENT FOR DEMOCRACY (USA) ISBN 966-03-1801-4 © COMPILED BY YEVGENIY ZAKHAROV, 2002 © TRANSLATED BY VLADIMIR RUBLINETSKIY, 2002 © KHARKIV GROUP FOR HUMAN RIGHTS PROTECTION, 2002 PUBLISHER: KHARKIV GROUP FOR HUMAN RIGHTS PROTECTION ADDRESS: 27 IVANOVA STR., #4 KHARKIV, 61002 UKRAINE FOLIO PUBLISHER ADDRESS: 6/8 DONEC-ZAKHARZHEVSKOGO STR., KHARKIV, 61057 UKRAINE CIRCULATION: 300 COPIES 2 The court control over the activities of law-enforcing organs is not efficient, and the public control is rather INTRODUCTION fruitless. The efforts of the state organs to distribute the information about international mechanisms of prevent- On 14-15 November 2001 the UNO Committee ing torture and cruel treatment are insufficient. Unfortu- against torture reviewed the fourth periodic report of nately, these problems are not even sketched in the Ukraine on the measures for realizing the obligations of fourth periodic report of Ukraine. Instead the report Ukraine according to the UN Convention against torture abounds in declarations that Ukraine steadily follows and other cruel, inhumane or degrading treatment or the policy of the priority of observing interests of indi- punishment. The control mechanism of the Committee viduals. That is why it is meaningless to comment the requests reporting one tome per four years of all state- fourth periodic report, instead the Kharkiv Group for members of the Convention on measures devoted to Human Rights protection (KG) has attempted to con- prevention of torture, such as: changing a legal acts, re- duct an independent analysis how the UN Convention viewing a legal practice, humanizing the execution pun- against torture is observed. ishment system and so on. This report has been prepared on the basis of avail- Since April 1997, when the third periodic report was able official documents, analysis of the Ukrainian legis- considered, a number of positive changes have occurred lation, the KG experience in legal aid to persons, whose in Ukraine. The death penalty was acknowledged by the rights were violated, reports of Ukrainian NGOs (the Constitutional Court as contradicting the Constitution, Sevastopol and Vinnitsa human rights protection the incarceration for life was introduced instead. The groups, regional branches of the association «Zeleny Ukrainian Parliament signed and ratified Protocol No. 6 svit», Donetsk and Lviv «Memorial», Lugansk public to the European Convention on human rights, Protocols committee for protection of constitutional rights and Nos. 1 and 2 to the European Convention on preventing freedoms of citizens, Lugansk branch of the commit- torture and inhumane or degrading treatment or pun- tee of voters of Ukraine, committee «Helsinki-90», ishment, the reservation was removed concerning Arti- Ukrainian section of the International society of human cles 20, 21 and 22 of the UNO Convention against tor- rights, regional branches of the Union of soldiers’ ture, which meant the prohibition to consider by the mothers of Ukraine and other similar organizations) and UNO committee against torture of individual com- publications in mass media on facts of torture and cruel plaints of victims of torture and investigation such com- treatment of the suspects, convicts, servicemen, refu- plaints by the committee. Torture is defined as a sepa- gees and other groups. The review of these information rate corpus delicti in the new Criminal Code of Ukraine sources is presented in addition to the report, which was (CC), which came into effect on 1 September 2001. The published as a separate book (272 pages) «Against tor- new CC extended the application of sanctions not con- ture. Review of the information sources on cruel treat- nected with incarceration, which permits to hope that in ment and torture». The KG sent the report in Russian future the number of the incarcerated will diminish. The and English to the UN Committee against torture and Provisional statements of the Constitution were can- other international institutions that are issued the prob- celled on 28 June 2001; this introduced some changes lem of torture and interested in receiving such informa- into the criminal and procedural legislation, which are tion. very important for the prevention of torture. The De- It should be noted that state officials prepared the partment in penitentiary matters was created on the ba- fourth periodic report and other like documents without sis of penitentiary directorate of the Ministry of Interior. participation of public. In our opinion, it is obviously to Later the Department was transferred from the Ministry open a process of preparation of state reports on human of Interior and became a separate organ of the executive rights and to publish all reports. That is why the KG to- power, penitentiary establishments became more open. gether with the Information Office of the Council of Owing to the principal position of the Ministry of de- Europe in Ukraine organized and held the seminar fense and the Main military prosecutor’s office, the ex- «European legislation on torture and other cruel, inhu- tension of their co-operation with human rights protec- man or degrading treatment or punishment and im- tion organizations the notorious «dedovshchina» in the provement of the Ukrainian law» on 17-18 October in armed forces has weakened. Due to efforts of human Kyiv. On 19 October the KG held a press-conference rights protection organizations the problem of torture devoted to torture and cruel treatment. In addition, the and cruel treatment moved to a focus of attention of KG prepared and published the second book «Against mass media. torture. International mechanisms on prevention of tor- At the same time, it is obvious that the cases of ap- ture and cruel treatment» in Ukrainian. It includes the plying torture in Ukraine during inquiry and preliminary European Convention on Human Rights and Additional investigation become more often, and actions of militia Protocols for it, materials on preparation of appeals to become crueler. Some facts of death as a result of tor- the European Court on Human Rights, European Con- ture are known. As before, no system exists of inde- vention on prevention of torture and other cruel, inhu- pendent investigation of complaints against cruel ac- man or degrading treatment or punishment, UN Con- tions of militia. Service investigations are carried out by vention against torture, the third periodic report of officers of another directorate of the Ministry of Interior Ukraine (1997), commentaries to the third periodic re- and they are not fast and efficient. It is next to impossi- port of the Amnesty International and the Ukrainian ble to make prosecutor’s office start a criminal case. NGOs, fourth periodic report of Ukraine, KG report and 3 materials of discussion on the third and fourth periodic in its capacity as a Member State of the United Nations, reports in the UN Committee. the Code incorporates the main principles outlined in Furthermore, we propose to attention of English- these Rules. The Code conforms to the Rules and is still speaking readers this book consisted of two parts. First in force. part includes fourth periodic report of Ukraine and KG Since independence, more than 100 amendments report as well as some other materials. Second part is a and additions have been made to the Ukrainian Correc- collection material from the KG bulletin «Prava tive Labour Code, all of which have been designed to Ludyny» («Human Rights») concerning torture and humanize and democratize the execution and serving of cruel treatment published in 1997-2001. punishments and ensure that the basic rights and free- Yevgeniy Zakharov, Co-C hairm an of the K harkiv G roup for
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