TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 1Analysis of legislation on prevention of torture and ill-treatment of childrennal Procedure Code of Ukraine, since any restriction of their liberty should beconducted in compliance with all statutory procedures associated with themechanisms of coercion .4. And another new provision is the definition of a new body: the centersof temporary detention of children. It replaces the remand houses for children.Thus, the temporary detention centers are special closed institutions ofMIA of Ukraine designed for temporary detention of children under the ageof 11 years, who committed criminal offenses for which the Criminal Code ofUkraine stipulates punishment of imprisonment for a term exceeding 5 yearsand for which the court applied detention as a preventive measure, as well aschildren, whom the court decided to put to coercive educational measures inthe form of sending to special educational institutions.The proposed system of regulation of these institutions has many gapsand deficiencies.First of all, putting these institutions under the jurisdiction of Ministry ofInternal Affairs of Ukraine seems inconsistent. This is contrary to the doctrineof development of the Penitentiary Service of Ukraine and numerous internationalregulations ratified by our country. The requirements of national legislation(including the ratified international acts) clearly specify that all institutionsof confinement in one form or another should come under the Ministryof Justice.Article 39 of the UN Convention “On the Rights of the Child” establishesthat the member-states shall take all appropriate measures to promote physicaland psychological recovery and social reintegration of a child, who becamea victim of any form of neglect, exploitation or abuse, torture or anyother form of cruel, inhuman or degrading treatment or punishment or armedconflicts. Such recovery and reintegration shall take place in an environment,which fosters health, self-respect and dignity of the child. Given the principleof presumption of innocence, it seems wrong to define the status of thecenters of detention of children as closed institutions. If the guilt of a child isnot found, or a child is subjected to forced placement in special educationalinstitutions (without imprisonment!), then that child should not actually bedetained. Therefore the institutions for detention of children should not beclosed institutions.The latter question raises another one. According to the legislator, thetemporary detention centers will keep children suspected of having committeda criminal offense, as well as children placed there for reasons not related87