TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukraine— a resolution approved by the head (or his or her deputy) of the relevantMIA department for minors who have without authorizationleft the special educational and upbringing institution which theywere in.As can be seen, the grounds do not always need to be a relevant courtorder. Among the grounds may be an act issued by the head of an internalaffairs body.This is what another normative act — the Law on Bodies and Serviceson Juvenile Matters and Special Institutions for Children — has to say aboutCentres for the Reception and Distribution of Minors. According to Article 7,Centres for the Reception and Distribution of Minors are defined as specialinstitutions of Internal Affairs bodies designated for the temporary holding ofchildren aged from 11. According to the general rule set out in the Law, childrenare placed there on the basis of a court order. The Law does not indicateany exceptions to this rule. In this respect the above-mentioned MIA Ordercontradicts the provisions of the Law.With regard to the term for holding people in Centres for the Receptionand Distribution of Minors, the Ukrainian legislators could also not reach internalconsensus. The Criminal Procedure Code establishes a term of 30 days withthis also being mentioned in the MIA Order. Yet the Law on Bodies and Serviceson Juvenile Matters and Special Institutions for Children in some casesenvisages the possibility of extending this period to 60 days. It is clear the speciallaw needs to be used, yet such a number of “views” of the legislators withrespect to one and the same issue does not facilitate standard application ofthese provisions. The profile law demands that the term for holding a child ina Centre for the Reception and Distribution of Minors is determined by thecourt on the basis of objective grounds for them to be held in this institution.Other places where minors are effectively restricted in their liberty are definedby current legislation as follows:1. Comprehensive schools and vocational colleges of social rehabilitation.They are special educational and upbringing institutions for children whoneed special conditions for upbringing, and are subordinate to a specially authorizedcentral executive body in the field of education and science.As a general rule the people sent to these institutions are those who committeda crime up to the age of 18, or an offence before reaching the age atwhich criminal liability begins.52