TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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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
Section 2Administrative standards and proceduresThe Interior MinistryComplaints over actions of the investigator, prosecutor and police officersalleging the use of torture and other forms of ill-treatment of minorscan be made to the Prosecutor and to the court by the minor himself, hisdefender, or legal representative (guardian, carer). Any person, including theminor, may submit an appeal (complaint) through his or her representativewith the relevant authority. Such a representative can also be a civic organizationwhich according to its statute is authorized to represent the interestsof other people.There is legislative regulation of issues regarding prevention of violence,including against children in family conditions with these relations regulatedby the base Law on Prevention of Violence in the Family and a number of subordinateacts. There are accordingly police statistics regarding cases of violencein the family. In implementation of the State Programme on Preventionof Child Neglect for 2003 — 2006 54 Procedure 55 was adopted in accordancewith which appeals (reports) alleging cases of ill-treatment of a child, includingphysical violence towards a child, are submitted to police authorities by boththe child him or herself, or by individuals regarding a case of such treatmentor where there is a real threat of such. This Procedure sets out the mechanismfor cooperation between the structural units of these ministries and departmentson preventing ill-treatment of children, physical, sexual, psychologicaland social violence, on providing emergency assistance to children whohave suffered from ill-treatment. In Item 1.4 of this Procedure a definition isprovided of ill-treatment of a child. This describes it as any forms of physical,psychological, sexual, economic and social violence against a child within thefamily or outside it.In terms of the content of the Procedure, its sphere of application is notextended to cases of ill-treatment of a child within the context of juvenile justice,but on the contrary defines the procedure for reaction, including by therelevant police divisions to cases of ill-treatment of children.54 Passed by Presidential Decree from 21.02.2003 No. 154/2003.55 “Procedure for considering appeals regarding ill-treatment of children or a real threat ofsuch ill-treatment”, adopted by a Joint Order of the State Committee of Ukraine on Family andYouth Matters; the Interior Ministry; the Ministry of Education and Science; and the Health Ministryfrom 16.01.2004 16.01.2004 No. 5/34/24/11).117
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DesignerBoris ZakharovOn the cover
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Section 5. ANALYSIS OF THE EFFECTIV
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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