TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukrainewere the failure to comply with Ukrainian legislation envisaged by Item 6.4.1of the above-mentioned Procedure of the ban on accepting into SIZO peoplesuffering from alcoholic psychoses and people suffering from grave somaticor infectious illnesses, especially dangerous, quarantine and those with a highmortality rate; contagious and able to spread in epidemic manner, includingpeople suffering from active forms of tuberculosis.In 2012 two joint orders of the Health and Justice Ministries were passedwith these regulating the issue of cooperation between healthcare establishmentsof the State Penal Service with Health Ministry healthcare establishmentson providing medical care separately for people held in SIZO and forthose serving sentences. 61 . Specialized medical care for minors as needed isprovided by Health Ministry treatment establishments. It should be noted thatunlike cases with adults, consultations and examinations of minors are carriedout on an agreement basis and free of charge.From the content and even the name of the last documents one can seethat they only regulate a small percentage of the issues concerning the provisionof medical care to people held in custody in SIZO or in places for servingsentences, including with regard to carrying out primary medical examinations,consultation; check ups and treatment by specialists of healthcare institutions.In October 2012 amendments were made to Article 116 of the Penal Codewhich regulates medical and sanitary provision for convicted prisoners. Accordingto these amendments, the procedure for providing people held inconfinement with medical assistance; the organization and undertaking ofsanitary supervision; the use of medical-prophylactic and sanitary-prophylactichealthcare institutions and the involvement for this purpose of their medicalpersonnel are defined by normative-legal acts of the Justice Ministry andthe central executive body forming State policy in the sphere of healthcare.Thus all those Health Ministry orders which concern examination andtreatment of minors are applied in giving medical assistance to such people,that is, in providing medical care in State Penitentiary Service institutions.All Health Ministry normative documents concerning standards and protocolsfor providing medical care should be used, as was confirmed by the PenitentiaryService in its response.61 Order No. 710/5/343 from10.05.2012 “On adopting Procedure for cooperation betweenhealthcare establishments of the State Penal Service and with Health Ministry healthcare establishmentson providing medical care to prisoners”.122