TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in UkraineThere are no specific normative documents regulating the actions of institutionpersonnel in the case of physical, sexual or psychological violencein relation to minors.Making a written complaint about the actions of colony administrationsto State bodies beyond the colony is problematical since all correspondenceof prisoners, aside from appeals to the Human Rights Ombudsperson, the EuropeanCourt of Human Rights and other appropriate international organizationsand the Prosecutor’s Office in accordance with Article 113 of the PenalCode are subject to being checked. Prisoners’ letters and appeals pursuantto Item 43 of the Internal Regulations of penal institutions are only sent bythe Administration of the penal institutions. Thus prisoners’ complaints evento the territorial departments of the State Penitentiary Service regarding decisions,actions or the inaction of the head of a penal institution are subjectto the scrutiny, and therefore the control of that very head of the institution.In practice it is also difficult for prisoners to exercise their right to correspondencewith the above-mentioned bodies and the Prosecutor’s Office withoutsuch appeals also being read by the colony administration.In a response from the State Penitentiary Service to the researchers’ informationrequest the norm in the second sentence of Article 16 §4 of theLaw on Citizens’ Appeals is highlighted in bold: “Appeals on behalf of minorsand people who are mentally unfit are submitted by their lawful representatives”.This is repeated verbatim in Item 2.3 of the Instruction. 53 Thus accordingto State Penitentiary Service rules, a complaint as one of the formsof appeals against the decisions, actions or inaction of the administration ofa corrective colony, including over ill-treatment, cannot be submitted by theunderage prisoner him or herself. Furthermore, since according to Article 3of the Law on Citizens’ Appeals and Item 2.2 of the above-mentioned Instructionappeals are proposals (comments); statements (applications) and complaintsset out in written or verbal form, underage prisoners are deprived ofthe possibility of independently making either written or verbal complaints.This thus includes personal reception of people held in penal institutions bythe management and officials of corrective colonies as per the provisions ofSection VI of this Instruction.53 Instruction on the procedure for consideration of citizens’ appeals, their personal receptionin penal institutions, SIZO and educational establishments of the State Penal Service of Ukraine,adopted by State Department for the Execution of Sentences Order from 30.07.2008. No. 2008.116