TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

More documents

Recommendations

Info

Torture and ill-treatment of children in UkraineThe examination of the personnel of the agencies of the Ministry of InternalAffairs uncovered the following problems:— The occupational classification DC 003:201 does not include individualpositions of employees of the agencies and units of the Ministry ofInternal Affairs working with minors;— The professionals, who work with children, have no special educationalqualifications to work with children.— The organization chart of the CMM departments and job descriptions(functional responsibilities) are documents for official use and thereforeunavailable for public inspection;— The personnel suffer from high levels of professional deformation.2.3. Regulating use of measures of physical influence,special means and firearmsThe State Penitentiary Service, Interior MinistryThe procedure and specific features of the use of measures of physicalinfluence, special means and firearms with minors in remand units [SIZO] andcorrective colonies are regulated by the Laws on the Police and On Pre-trialDetention; the Penal Code; and an Order 31 .The differences from general rules regarding minors serving sentences orbeing held in SIZO are set out in Article 108 §3 of the Penal Code and Item 61 ofthe Regulations 32 ; Article 18 §6 of the Law on Pre-trial Detention which prohibitthe use of measures of physical influence, special means and firearms, includingagainst minors, except where they carry out a group or armed attack whichthreatens the life and health of colony staff or other people, or in the event ofarmed resistance. The last of these norms also imposes a ban on the use of armsin the event of a minor’s escape from custody. Article 106 of the Penal Code andItem 62 of the Internal Regulations for Penal Institutions (hereafter the InternalRegulations) also prohibits using a straitjacket in the case of minors.31 Order of the State Department for the Execution of Sentences from 25.12.2003 . No. 275“On Adopting Regulations for Penal Institutions”.32 Internal Regulations for Penal Institutions, adopted by Order of the State Department forthe Execution of Sentences, from 25.12.2003 No. 275.106
Section 2Administrative standards and proceduresThe issue of security, surveillance and procedure for carrying out checksof conditions for minors in corrective colonies; and reception on personalmatters are regulated by an Order 33 which is not available to the public.According to information provided by the Interior Ministry, the rules forthe use of measures of physical influence, special means and firearms in temporaryholding facilities [ITT] are on the same general basis as those set outin Section 3 of the Law on the Police and the Order. 34 At present the latter Instructionsets out a system of measures aimed at ensuring the personal safetyof the staff of Interior Ministry bodies; preventing the death or injury of policeofficers and other people while police officers are using firearms and does nothave any relation to the issue of applying the above-mentioned measures.It should be noted that the Law on the Police, unlike the above-mentionednorms of penal legislation allows the use of measures of physical influence,special means and firearms with respect to minors since Article 12 of that lawonly prohibits their use with respect to small children. Analogous restrictionson the use of special means and firearms respectively are contained in theRules 35 and Provisions, 36 which the Interior Ministry top management did noteven mention in response to an information request from the researchers.2.3.1 Conditions, and the use of penaltiesFood norms for convicted prisoners held in corrective colonies are set outin a separate norm No. 5 Appendix 1 to the Resolution 37 .The difference between the general norm (No. 1), i. e. for adults is in theincrease in the daily ration of meat (120 g. instead of 100) and the addition of33 Order of the State Department for the Execution of Sentences from 20.11.2004 No. 220stamped For Official Use Only “On adopting an Instruction on Organization of Security and Supervisionin Penal Colonies”.34 Interior Ministry Order from 07.09.2011 No. 657 “On adopting an Instruction on measuresof safety in using firearms”.35 “Rules for using special means in protecting public order” (passed by Resolution of theCouncil of Ministers of the Ukrainian SSR from 27.02.1991 No. 49, with amendments).36 Provisions on procedure for the use of firearms”, adopted by Cabinet of Ministers Resolutionfrom 12.10.1992 р. No. 575.37 Cabinet of Ministers Resolution №336 from 16.06.1992 “On food norms for people heldin penal institutions, pre-trial investigation units of the State Penal Service, temporary holdingfacilities, reception and distribution and other reception units of the Interior Ministry.107
Page 2:
DesignerBoris ZakharovOn the cover
Page 5 and 6:
Section 5. ANALYSIS OF THE EFFECTIV
Page 7 and 8:
ForewordThe investigation comprised
Page 9 and 10:
Methodological framework of the stu
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
⇒ 1. Information about the projec
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Section 1Analysis of legislation on
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45:
Page 48 and 49:
Torture and ill-treatment of childr
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57: Torture and ill-treatment of childr
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196:
Науково-практичне
show all

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?