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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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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

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