TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukraine— sending the minor to a special educational and upbringing institutionfor children and adolescents until they reform, or for a period not exceedingthree years.We have briefly considered the conditions in these institutes for minorsand the rules of procedure for leaving them.Should there be sufficient grounds for believing that a person due onthe basis of a court order to be sent to a special educational and upbringinginstitution will engage in unlawful activities, and also in order to ensureimplementation of their order, the court may temporarily, for a period of upto 30 days, place the person in a Centre for the Reception and Distribution ofMinors which will get them to the special educational and upbringing institution.On the one hand the presence of such measures can indeed help to preventthe further criminalization of the child. On the other hand, however, it isclear that most of the measures named in the law are of a punitive nature andplace the correctional work on influencing the minor on people who haveneither the authority for this, nor experience of working in such a sphere, norfree time to carry out work of an educational nature with the child.Reviewing the issue of guarantees and protection of the child during thecourt examination, we can conclude that Ukraine’s domestic legislation doesnot contain such additional mechanisms and measures of defence. The Conventionon the Rights of the Child demands that work is organized with thechildren (during investigative and court procedures, being held in places ofimprisonment, etc) at a professional level with the involvement in such workof specialists in the field of medicine, education, psychology, and that considerableattention is given to the child’s communication with his or her parents.Unfortunately at present in Ukraine such measures and mechanisms are ofa situational and unsystematic nature.581.5. Legal standards for minors deprived of their libertyThe conditions for holding convicted minors in the penal institutions of theState Penitentiary Service.One of the important areas of focus in ensuring the rights of the child isestablishing additional guarantees for them in cases where they are servingcriminal punishment, including in the form of deprivation of liberty.
Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenIn Ukraine minors serve terms of deprivation of liberty in special educationalcolonies which differ in their level of isolation and through a range ofother conditions from penal colonies for adults. The regime for holding juvenilesis more orientated towards helping them and more lenient. Educationalcolonies are not divided according to level of security and improved conditionsare more accessible. The young people are called students with this aimed atconcentrating attention both of the child and of the staff of the colony specificallyon the process of education, and not on the fact of their having beenconvicted. On the other hand the administration of an educational colony use“ty” (the familiar form of “you”, like in French of German — translator) towardsthe minors and call them by their first names. One can hardly consider that beingaddressed with the “ty” form promotes better awareness by the convictedperson of his or her individuality and self-esteem.When the convicted minors are brought to the institution, they are subjectedto mandatory examination and medical check-up. For this they getput in sections for diagnosis, quarantine and distribution [hereafter DQD].For 14 calendar days the minor is studied by psychologists, examined by medicalstaff and if illnesses or signs of violence are found, these officials musttake the appropriate measures, sending the person for treatment or providingemergency medical care. If there are signs of violence, the officials mustact in accordance with the Internal Regulations of the institution, namely informthe head of the institution. Current legislation contains no other mandatoryrequirements for reacting to indicators of violence against the child.The procedure for considering applications and reports alleging ill-treatmentof children or a real threat of this happening (Order of the State Committeeon the Family and Youth, the MIA; Ministry of Education and Science and theMinistry of Health from 16.01.2004 No. 5/34/24/11) regulates the mechanismsfor informing about cases of violence mainly according to the place wherethe child lives, however it also envisages the possibility of minors themselvesreporting facts of violence. In such cases, according to the Procedure, officialsof the educational colony must inform the relevant territorial division of thejuvenile affairs service. If there are signs of a crime when identifying the fact ofviolence having been used with respect to the minor, Internal Affairs bodiesare also informed.An important aspect of the process for organizing the serving of a sentenceby a minor is the fact that education is mandatory, as stated by Ukraine’sPenal Code. This is a real possibility for minors who have already found them-59
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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