TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 2Administrative standards and proceduresbers of the public on the basis of the Law on Citizens’ Appeals and subordinatelegislation from the relevant departments.If the complaint is essentially a report (notification) alleging that a criminaloffence has been committed, it should be received and processed in accordancewith the Criminal Procedure Code [CPC]. Such complaints or reportsaccording to the new CPC should be registered no later than 24 hours aftersubmission in the Single Register of Pre-trial Investigations, and an investigationinto them should begin. Under the old CPC, a check was carried out inaccordance with Article 97 of the CPC, and as a result of this within 10 daysa decision was taken as to whether to initiate or refuse to initiate a criminalinvestigation.There is no special procedure since this is not envisaged in normativedocumentation for processing reports alleging the use of torture or other illtreatmentof minors, or their separate registration in State Penitentiary Serviceinstitutions, police stations and prosecutor’s offices. For this reason there arealso no separate statistics on appeals alleging the use of torture and otherforms of ill-treatment of children, and on reaction from the Prosecutor’s Officeto such cases.The State Penitentiary ServiceControl over observance of human and civil rights and of legislation onenforcement and serving of criminal punishment; over the exercising of legitimaterights and interests of convicted and remand prisoners is carried out bythe State Penitentiary Service. The latter acts in accordance with the Regulationson the State Penitentiary Service, adopted through Presidential Decreefrom 6 April 2011 No. 394/2011.The procedure for complaints by underage prisoners over their conditionsin corrective colonies and examination of such complaints is regulatedby legislation on citizens’ appeals, namely the Law on Citizens’ Appeals andan Order. 52 Should complaints be received alleging actions which bear thehallmarks of a crime, they are considered in accordance with provisions ofthe CPC.52 State Department for the Execution of Sentences Order from 30.07.2008 No. 208 “On adoptingan Instruction on the procedure for considering citizens’ appeals, their personal reception in penalinstitutions, SIZO and educational establishments of the State Penal Service of Ukraine.115