TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukraineoffice didn’t answer at all or delivered the come-off answers referring on thefact that the examination had been already conducted.When at the trial all accused had refused from their previous confessionto the committing the murder that were given by the pre-trial investigation,the investigator started to threaten them with the conviction to live imprisonment.During the period of the court hearing of the case the investigatorunlawfully (as he already has finished the investigation) visited “the main accused”in the SIZO and threatened him with the conviction to the live imprisonmentif he would refuse to give the confession in committing the murder.This boy was such weak physically and mentally that at the trial he was not beable to answer for certain the questions of the judge.At the same time the judge asked him questions related to the necessityto name exact dates of many events, their comparison, etc., which in somecases led to failure to answer the questions, the pressure on a witness by thecourt etc.All children hadn’t received the proper education; two of them had studiedat school only 2 and 3 years, accordingly they couldn’t read and write. Despiteof this at the trial they were questioned with the using of the speciallegal terminology, such the words as “confrontation”, “reconstruction of thecircumstances and the situation of the event” which were iincomprehensibleto them, so during the trial they did not pay attention to the course of thehearing, and quietly talked to each other.It was found in the course of the court hearing that the children were hungryand in the morning before their escorting to the court they ate only teaand some bread. At lunch they were not feed, when exported from the SIZOthey were not provided with a dry dietary. Mother only of one of the accusedcame to the court, so it’s good that a few times they were fed by the socialworkers from the charity organization.There were no proofs of the guiltiness of the juvenile accused in the committingof the premeditated murder. In the case there were unremovable contradictionsin the testimony of witnesses, and in the findings of the forensicmedical examinations, evidence were obtained in violation of the processualorder, lethal damages of the victim did not match the murder weapon providedby the prosecution etc. Thus the criminal case was twice returned forfurther investigation due to the incompleteness of the pretrial investigation.When the case was returned for further investigation on the second timethe preventing measure in the form of taking into custody has been changed176