TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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