TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukraine1826.6. 10-years-old criminalsIn February 2013 three 10-year olds, two boys and one girl were walking inone of the neighborhoods Frunze district of Kharkiv. At this time the 13-yearoldboy pulled the key of a flat from a pocket of the tipsy owner of the flat,lived in the nearby house, and entered to the flat. 10-year-olds had no relationto the actions of 13-year-old boy, but they knew him.After some time, the elder’s boy mother started to seek him, and theyounger boys began to call him to his home. The elder boy invited them tocome to the flat, and after that he pulled the girl that stayed next to the boysinto the flat. At this time, the apartment owner, which was getting sober, cometo the apartment, saw children and called the police.Search police officers came into the flat took all four kids to the districtpolice station. Only two hours later, parents reported that the children are inthe police station. But after the arrival of the parents to the station parentswere not given the opportunity to see his children. Around 22-30, i. e., almost6 hours after the factual detention of the children, and due to active actions ofthe lawyer invited by the children’s parents, the children were released frompolice. So this time they were kept in the police despite the fact that policeknew immediately that 10-year-olds had not committed any criminal acts.It was later revealed that the detention of children has not been registeredand therefore was unlawful. The lawyer had filed a criminal complaint for theactions of the police officers to the District Prosecutor’s Office, which gave theanswer that there wer no violations by the. Then the complaint had lodgedto the prosecutor’s office of Kharkiv city was returned again to the DistrictProsecutor’s Office, and then — to the district police station, whose officershad detained children.The father of one of the 10-year-old boy, who had invited counsel to defendthe children from the police, was brought to administrative responsibilityfor dereliction of duty in relation to parenting. Fortunatelyt the appellatecourt reversed a decision of the trial court and closed the case.The police came to the school where children studied, and told that childrenhad committed theft, and therefore brought to the police. The most interestingthing in this case that the authorities have examined the complaintsof illegal detention of children till now are not able to identify the police officerswho carried out the detention of the children.
Section 7SummarySection 7Summary7.1. Component І7.1.1 LegislationThe existing normative legal instruments relating to child protection areinadequate. The main shortcomings are as follows:— absence of unified attitude and approach to child protection;— lack of system, which is manifested in the absence of a unified systemof child protection, algorithm of interaction between them;— obsolete forms of work that are inefficient and do not produce results,and outdated regulatory framework;— almost all enactments regulating the protection of the child are ratherdeclarative; more often than not they specify no mechanisms for implementingparticular regulations;— general approach to the child as an object of influence; not taking intoaccount the fact that the child is a human individual, who should beprimarily a subject of relations;— underfunding of the institutions for the protection of the child;— absence of specifically prescribed norms in criminal and administrativelaws (elements of offenses and crimes) that would specify responsibilityfor torture and child abuse. This in turn leads to the condition,when the notion of torture and ill-treatment have low levels of legaltechnology and insufficient law enforcement experience;— lack of public awareness of the importance of protection of children,their rights and legal interests. The main target for any effort in thisdirection is negative, since all activities are focused on criminal law,procedural and administrative legal relationship. Other issues on childprotection remain neglected; in particular, the right of the child to183
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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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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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