TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukrainealleging that her detention was unlawful. Pursuant to the Code of CriminalProcedure of Ukraine (CCP) such complaint had to be considered by the courtin conjunction with the investigator’s request. The defense lawyer objectedto taking the girl into custody. He relied to the provisions of CCP according towhich the preliminary detention of minors are permitted only in exceptionalcircumstances, which were absent in this case. He also pointed out that herhealth and well-being was likely to be seriously endangered by detention inan ordinary pre-trial detention facility.The agent of the boarding school which was the legal representative ofthe girl and administration of which could take the girl into their custody askedthe court to remand her in custody in a pre-trial detention facility. The investigatordidn’t provide the court with the medical documents of the girl accordingto which she was suffering from the tuberculosis and had a history of inpatienttreatment for psychiatric disorders as she was deprived of the parentscare. The agent of the boarding school at the trial said nothing about the risksfor the girl’s health during her detention in the pre-trial detention facility foradult persons.The court chose the preventive measure for the girl in the form of takinginto custody in the pre-trial detention facility, not only failed to take into accountthe problems with her health, but did not mention them in his detentionorder. The court also failed to take into account the 14-year age of girland the extremely poor conditions of her upbringing because her parents hadimmoral lifestyle, were alcohol addicts and did not give her proper care. Moreoverthe court’s order didn’t contain any reasoning of the court on the legalityof the detention of the girl. Neither the court nor the investigator provideda copy of the order about taking the girl into custody to the defense lawyerof the girl.The defense lawyer of the girl appealed against the court’s order abouttaking the girl into custody. Among other documents he referred to the UnitedNations Standard Minimum Rules for the Administration of Juvenile Justice(“The Beijing Rules”). At the court hearing of the appeal the representative ofthe boarding school asked the court of appeal don’t amend the order of thefirst instance. Thus, he again acted against the interests of a child who wasunder the guardianship of a boarding school. The Court of Appeal upheld thefirst instance court’s order about taking of the girl into custody, mentionedthat the girl’s state of health was irrelevant to the finding that she might abscond,obstruct the investigation or commit another crime.178
Section 6Stories on children — victims of ill-treatmentDuring the pre-trial investigation, the investigator repeatedly suspendedthe proceedings on the grounds of deterioration of the girl’s health.While holding in the pre-trial detention facility (SIZO) the girl was heldan outpatient psychiatric examination, the findings of which determined thatfor the appreciation of her mental state it’s necessary to to conduct an inpatientexamination. After this the investigator requested the court to assignthe inpatient forensic psychiatric examination of the girl. Neither investigatornor court informed the defense lawyer of the girl about the hearing onthis matter, notwithstanding the provisions of the CCP require such informing.The court examination of the request took place without girl’s presence.The court upheld the investigator’s request and the girl was taken to theclosed unit of the psychiatric hospital for conducting of the inpatient forensicpsychiatric examination.The defense lawyer applied to the Prosecutor General of Ukraine referringto the obvious illegality of the placing the girl into custody. The investigator,who conducted pre-trial investigation of the case, changed the preventivemeasure from detention under an obligation not to abscond, referring to hertuberculosis, which required in-patient treatment.6.4. 12 year old robber12-years old boy who lived with his divorced mother committed therobbery of the mobile telephones of the pupils threatening to use physicalviolence. He lived in one of the remote villages of Kharkiv region andcommitted the robberies in Kharkov where his grandmother lived. In themorning the officers of one of the district police departments of the citycame to the village and took the boy to the police department. At the policedepartment the boy gave the confidential statements and was releasedin the evening.The next day he was again taking from his grandmother’s house anddelivered to the police department where he was kept for 1.5 days beforethe investigator started the official questioning of the boy. The law does notadmit the official detention of persons at the age under 14 years, so recordof his detention has not been drawn up. He was questioned by the officers ofthe police in cases of children. Initially he told about all the occasions whenhe took away phones from the pupils. After that he was ordered: “Remem-179
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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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