TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukraine2) Physical force is very widespread during the detective inquiry [diznannya];the main aim of the force is to obtain testimony, in particular a confession.However motives are also encountered which are linked with thewish to demonstrate superiority, to torment the person detained or underinvestigator as a process sufficient in itself, i. e. sadistic inclinations from theofficial.Physical force may be of a torture nature, most often beatings and restrictingair supply. The most prevalent is psychological pressure on detainees, humiliationand threats, with such methods of obtaining evidence being virtuallythe rule.The conditions in ITT do not usually comply with the requirements forplaces where minors may be held. The very fact that a detainee is held insuch conditions is correctly viewed as ill-treatment. There are cases where minorshave been held in ITT for longer than two days, or in the same place asadults.3) Force used against minors while in the SIZO may be linked with investigativeactivities as continuation of the coercion to give testimony, or aspunishment for infringements of the regime. In some cases it was the SIZOpersonnel who were directly responsible for the force, while in others thebeating and ill-treatment is by being placed in the so-called “press hut”, i. e.a cell with aggressive neighbours who are encouraged to carry out acts ofviolence. One also encounters spontaneous manifestations of aggressionfrom cellmates.The conditions in SIZO have a number of serious failings which are describedin detail in Chapter 2. The conditions in which minors and adults areheld are effectively identical, although it is envisaged that minors be held inseparate cells.One should regard extremely drawn-out stays in SIZO as a particularforce of ill-treatment. The period typical for the prisoners in the studyranged from 8–10 months, with the minimum being 1 month, the maximum16 months. Even voluntary confession of guilty did not typically prevent pretrialdetention.The sense of pre-trial detention as procedure for “re-educating” minors isalso rather suspect with the results being health problems of varying severity;post-traumatic states; and social poor adaptation, together with learningnorms of the criminal subculture.164
Section 4Torture and ill-treatment of children in the context of juvenile justice4) Physical force in corrective colonies is considerable less prevalent thanin SIZO since there are far less reasons of a systemic nature for it. The conditionswere described by the respondents as much better than in SIZO, andin general satisfactory. The failings in the colonies are mentioned in detail inChapter 2.5) Separate mention is worth making as a source of high risk with regardto acts of violence of the procedure for transfer between institutions, the placesin SIZO and means of transportation.4.8. Causes of the widespread nature of violenceand ill-treatment1) Among the causes of violence, in first place would be the indicatorsfor crimes solved. Police officers have to provide quantitative findings withit being much easier to fulfil this requirement by using force. An alternativeto physical force is psychological pressure during the interrogation which requiresbetter professional training and more work experience. Yet in modernUkraine there is effectively no more humane alternative to psychological pressurefor the investigatorAs one of the experts said: “they’re not about to run about with dogs followingtheir trail”You can solve crimes by many means, but current quantitative statisticsunder a heavy workload can only be achieved through psychological or physicalpressure.This situation is supported by the current practice of Ukrainian courtswhere confessions are still considered the “queen of evidence”. A case inwhich there is a confession from the defendant, albeit obtained with seriousinfringements of procedure almost automatically leads to a conviction. In theoryoverseeing by the Prosecutor’s Office could help, however in practice theProsecutor’s Office fairly seldom helps.2) As separate reasons for violence one can also name the low level oftraining of police officers and personnel of the penitentiary system, their inabilityto work differently or desire to avoid complications.After the first experience of abuse, a sense of impunity appears with indifferenceto others suffering, or they even begin to view ill-treatment as a kindof sport. This is partly explained by professional deformation of the personal-165
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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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Section 1Analysis of legislation on
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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