TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in UkraineWith respect to children (minors), the Code prohibits the use of physicalforce, special means and weapons. Such measures may only be applied if minorscarry out a group or armed attack; if the life or health of colony staff orother individuals is in danger, or in the case of armed resistance.Speaking of punishment in the form of deprivation of liberty, the legislatorsuse the concept of minor (underage). We can once again turn to Article 6of the Family Code. This norm indicates that a minor is a child aged from 14 upto the age of 18. From the point of view of legal procedure the differentiationbetween small child and underage is entirely justified. A young child maynot be placed in an educational institution with the status of a person servingpunishment in the form of deprivation of liberty.The situation proves interesting: in conditions of deprivation of liberty theattitude to minors is more humane than at liberty. At least the personnel ofeducational institutions have much less possibility for using measures of forceagainst underage prisoners than do police officers. It would seem correct tochange the Law on the Police to prohibit law enforcement officers from usingmeasures of force against minors.There are analogous provisions regarding the use of measures of force inlegislation on pre-trial imprisonment of minors.Among the measures of force envisaged by legislation against minors arethe following:1. Physical force (including techniques of hand-to-hand fighting). The possibilityof use is restricted to cases of group attacks.2. Straitjacket. These may not be used with minors.3. Handcuffs. The possibility of use is restricted to cases of group attacks.4. Teargas, rubber batons. These may not be used against minors exceptin cases of a group attack threatening the life and health of personnelof the institution or other people, or an armed attack.5. Firearms. These may not be used against minors except in cases ofa group attack threatening the life and health of personnel of the institutionor other people, or an armed attack.Procedure for the use of physical force, special means and weapons is asfollows.The direct use of methods of force should be preceded by a warningof the intention to use these measures and means if circumstances allow.The said measures, means and weapons can be used without warning if44
Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenthere is a direct threat to life or health of the colony personnel or otherindividuals.Should it be impossible to avoid the use of measures of physical influence,they should not exceed the level needed to enable the officials to carry outtheir duties and should keep to the minimum any risk of causing harm to thehealth of offenders. Should the need arise, help to victims must be providedimmediately.An important provision is the need to inform that measures of forcewere applied. Information about the use of physical force, special meansand straitjackets is given in a report to the head of the colony (or in thecase of the police, to the head of the relevant subdivision). A report on eachcase where weapons were used is drawn up and immediately passed to theProsecutor.One should note that the possibility of using measures of force againstminors held in other places and institutions (where this is not linked withdeprivation of liberty) has not been regulated in legislation. On the basis ofArticle 28 of the Constitution which states that no one shall be subjectedto torture, cruel, inhuman or degrading treatment or punishment that violateshis or her dignity, the lack of regulation with respect to this can onlyindicate that measures of force cannot be applied to minors held in otherinstitutions.1.3.1 Safeguards against ill-treatmentwhen minors are detained, taken into custody, questionedor subjected to other procedural measuresIt is no easy task to safeguard the rights of an underage suspect when heor she is being taken into custody. Such a person on the one hand is protectedby the presumption of innocence, while on the other — experiences considerablerestrictions to his or her rights and is therefore very vulnerable to variousforms of abuse.Ukraine’s legislation contains a number of demands aimed at guaranteeingthe minor’s protection from torture and ill-treatment while holding thelegal status of suspect or accused.First of all, detention and remand in custody as a restraint measure mayonly be used in the case of minors by court order in exceptional cases when45
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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