TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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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
Section 6Stories on children — victims of ill-treatmentfor the accused, except the preventing measure for “the main accused”. Subsequentlythis boy was released from custody and, the case did not again returnto the court. This case confirmed the sad argument that there are no acquittalsentences in Ukraine.Thereby four boys which at the moment of taking them into custody werejuvenile spent in the jail 3, 5 years, and the main accused — even more. Theywere not acquitted by the court, thus they can’t raise the question about thecompensation. Three of them would continue to receive the education. Takinginto account that two of them are almost illiterate we can suppose thatafter their release they will not be able continue studying.6.3. A girl in a SIZOIn winter 2005 14-years old girl (who was kept in the boarding schoolbecause her parents were deprived of their parental right) committed thetheft and attempt for robbery of the private property. After this within threemonths she was several times taken from her mother, who was deprived ofher parental rights, by the officers of the juvenile police department. At thepolice department the officers threatened her with beating, clipped her,forced her for staying on feet for a long time, deprived her of the opportunityto visit toilet. Finally for the last time the officers of this department took herto the district department where received explanations about circumstancesof the crime and transferred her to the investigator of this police department.The case file contains the according to which the girl was paced intothe wanted list but there were no documents which would prove that shewas summoned to the investigator (summons, which, moreover, have to behanded only to adult family members). Nevertheless, the girl was arrested onthe basis of inadequate information about her abscond of the investigation.Only a few hours later the investigator drew up an official arrest report onsuspicion her in committing crimes together with other minors and arrestedher for 72 hours. On the third day of the arrest the investigator moved to a districtcourt to authorize the girl’s remand into custody. Other minors who hadparents were not officially detained and there were no requests on takingthem into custody.Before the beginning of the court hearing of the request of the investigatorthe defense lawyer of the girl lodged the complaint with the same court177
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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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