TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenThe use of force, special means and firearms must be preceded, if the circumstancespermit, by a warning of the Intention to use these. Physical force,special means and weapons can be used without warning if a direct threat tothe life or health of members of the public or police officers has arisen.Should it be impossible to avoid the use of force, this should not exceedthe level needed to enable the police to carry out their duties and should keepto the minimum any risk of causing harm to the health of offenders and othermembers of the public. Where injury has been caused, the police shall ensurethat the necessary assistance is provided to victims without delay.Where measures of physical influence, special means or firearms havebeen used, as well as where injury or death has been caused through the useby a police officer of measures of physical influence, special means or firearms,, the police officer shall immediately and in writing inform their immediateboss for the Prosecutor to be told.A separate law prohibits the use of measures of physical influence, specialmeans or firearms against women who are obviously pregnant, elderly peopleor people with obvious signs of disability, as well as young children except incases of a group attack threatening the life and health of people, police officers,or an armed attack or armed resistance.Here we should note that young children according to current legislation(Article 6 of the Family Code) are children under the age of fourteen.Thus it is only children under the age of 14 who receive additional protectionfrom possible use of physical measures by the police in Ukraine whereasthe Convention on the Rights of the Child deems a child to be a person underthe age of 18. It turns out that a child in Ukraine from 14 to 18, given signsof possible aggressive and unlawful behaviour is treated as an adult. This extremelystrange provision is illogical and idiotic since a person only reachesfull legal maturity at the age of 18, and yet she or he can be killed (obviously inthe event of extremely negative circumstances) at the age of 15 already.The Law on the Police is not the only normative act which regulates possibleuse of measures of force with respect to individuals including minors.The Penal Code sets down rules according to which physical force, specialmeans and weapons may be used against convicted prisoners.As a general rule the grounds for the use of such measures are physicalresistance shown by prisoners to the colony staff; wilful failure to comply withthe legitimate demands of staff; violent uproar; participation in mass riots; seizureof hostages or other violent acts, as well as escape from custody.43