TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukrainefor the results of production (work, services) by prisoners; as well as controlover the organization of production activities. At present in these Provisionsthere is no mention of particular features for engaging children serving sentencesin corrective colonies in socially useful work. The text of this normativelegal act only uses the general term “prisoners”.On the basis of an analysis of Article 118 of the Penal Code, as well as ofArticles 143–144, the expression “for conscientious behaviour and attitude towork and studies” is used, one can conclude that a child serving a sentence ina corrective colony is obliged to “engage in socially useful work”. This meansthat he works in production from the moment he reaches the minimum ageat which the Code of Labour Laws [CLL] allows a person to be employed, i. e. at16 (Article 188 §1 of the CLL), or with the agreement of one of the child’s parentsor a person replacing them, from the age of 15 (paragraph 2 of the sameArticle). Carrying out light work which does not damage health and does nothamper the study process, in their free time is permitted from the age of 14.Thus where a child does not have parents at the consent of the bodies of careand guardianship, in corrective colonies children from the age of 14 can beengaged in work in production (which in corrective colonies are called productionworkshops). ,It should be noted that there are no separate normative acts regardingrules of procedure for applying penalties to convicted minors. These issuesare regulated by general criminal procedural legislation, the Penal Code andthe Order. 44Disciplinary penalties in the form of being transferred to cell-like premisesare not applied to minors, while a minor may only be placed in a disciplinarypunishment cell for up to 10 days (whereas for adult prisoners the period is upto 15 days).According to the provisions in Article 149 of the Penal Code, in order toprovide assistance to the administration of corrective colonies on organizingthe process of education and upbringing, and strengthening the material andtechnical base of the colony, to carry out public monitoring and assess thelevel of observance of human rights; resolve issues of social protection of prisoners;the work and everyday arrangements of released prisoners, a wardencouncil is created. The council has representative of the central authorities and44 Order of the State Department for the Execution of Sentences from 25.12.2003 No. 275“On approving Internal Regulations for Penal Institutions”.110
Section 2Administrative standards and proceduresbodies of local self-government; civic organizations. The organization and activitiesof this council are regulated by provisions which are adopted by theCabinet of Ministers. In addition, in order to increase he effectiveness of educationalinfluence on prisoners and provide to the administration of correctivecolonies, in departments of the Socio-psychological Service parents’ committeesmay be formed. The activities of a parents’ committee are determined byProvisions which the head of the corrective colony approves. ,Interior MinistryMinors are held separately from adults in ITT, but at present no specialconditions are stipulated for them. In exceptional cases, in order to preventinfringements of the rules, and if the Prosecutor gives permission, up to twoadults who are being prosecuted for the first time on charges not involvinggrave or particularly grave crimes may be held in cells for minors (Item 4.2.2 ofthe Instruction 45 ).According to the Internal Regulations for police station ITT adopted byInterior Ministry Order from 02,12.2008 No. 638) persons being held in ITT areprovided with three meals a day with one course provided for breakfast andthe evening meal, and two for dinner. Separate norms for meals for minorsbeing held in ITT are not set out.The rules of procedure for providing ITT with food items are set out in theInstructions for the Work of ITT, that is, in a document for official use only andnot available to the public. According to Item 11.3 of these Instructions the costof food is calculated from the amount made up by the cost of an assortment ofproducts in accordance with an established norm and the extra costs of publiccatering enterprises depending on local conditions. It is allowed to substitutecertain products which make up the norm with other products within the costboundary of the norm and its food energy value.People held in ITT wear their own clothes and shoes. If they don’t have thenecessary clothes and shoes, and it isn’t possible to get these quickly enoughfrom relatives or other people, the person is provided with clothing and footwearfree of charge (Item 8.5 of the ITT Internal Regulations). At the moment45 Instructions on the Work of Temporary Holding Facilities within Interior Ministry bodies,adopted by Interior Ministry Order No. 60 from 20.01.2005, which is designated for official useonly.111
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DesignerBoris ZakharovOn the cover
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Section 5. ANALYSIS OF THE EFFECTIV
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ForewordThe investigation comprised
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Methodological framework of the stu
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⇒ 1. Information about the projec
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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