TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukraineto criminal offenses. The legislator cannot provide a separate upkeep of suchcategories of children. And their joint holding will necessarily lead to harmfulinfluence of children, who have committed criminal offenses, on those, whoare in temporary detention centers for other reasons.The text of the bill shows that the status of institutions of detention isformulated in a way that leaves no doubt that these institutions are punitive.There remains no place in them for education and correction. Moreover, allsuggestions actually mean establishment of new prisons. In this case, the regulationof these institutions is inadequate and insufficient. If these institutionsof detention achieve a status of closed institutions, they will need a carefullyregulated regime in this institution, legal status of children kept there, plan ofthe day and necessary types and order of training and educational activitieswith children. The regulation of all these institutions must comply with bothinternational acts and penal legislation of Ukraine.In view of the deficiencies, the proposed amendments to the legislationare unacceptable and contradictory.Back in 2009, the Law of Ukraine No. 1065-VI sanctioned the National Program“National Action Plan to Implement the UN Convention on the Rights ofthe Child” (“National Program”) for the period up to 2016. The purpose of PartII of the National Program is, among other things, to bring conditions of detentionin special institutions for children in line with international standards. Initem 4.8 of the section “Protecting the rights of children, who have committedoffenses”, inter alia, the following activities are mentioned:— Improvement of monitoring of abidance by the human rights andcreation of conditions for children in remand houses for children ofthe agencies of internal affairs, investigation isolation wards, specialeducational institutions of the State Department of Ukraine for Enforcementof Sentences, social rehabilitation schools and vocationalschools of social rehabilitation of the education bodies;— Studying of the possibility of establishing a system of juvenile justice inthe framework of the reform of the judicial system in order to improvenational legislation on child protection, improvement of prophylacticmaintenance to prevent committing crimes and other offenses bychildren, creation of an effective system of rehabilitation of juvenileoffenders.Currently, the section “Protecting the rights of children, who have committedoffenses” contains as follows:88
Section 1Analysis of legislation on prevention of torture and ill-treatment of children— in the Plan of measures to be implemented in 2011 of the National program there is the only option “Preparation of proposals for amendmentsto the Resolution of the Cabinet of Ministers of Ukraine of13.04.1993, No. 859 “About the organization of special educationalinstitutions for children and adolescents, who need special trainingconditions” …”;— in the Plan of measures to be implemented in 2012 of the Nationalprogram there is the following target: “Testing of the methods ofwork with children, who are victims of illegal acts and have witnessedcrimes, on the basis of the “green room” principle, in accordance withthe European standards.”Characteristically, in the plans for 2011 and 2012, in the section “Healthpromotion and rest”, the following arrangements were foreseen: “All-UkrainianMeasures “Summer 2011” intended to prevent juvenile delinquency andcrimes against children, maintaining public order and safety of children on theterritory of recreation and health promotion zones, places of concentrationof young people, and holding events in summer” and “Conducting complexnational prevention operations “Summer 2012” intended to prevent juveniledelinquency and crimes against children, maintaining public order and safetyof children and citizens on the territory of recreation and health promotionzones”, for which the Ministry of Internal Affairs shall be held responsible.The key-note of Action Plans shows, firstly, that even the health promotionof children is treated from the point of view of crime control, for which theMinistry of Internal Affairs of Ukraine shall be held responsible. Secondly, theplanned activities in these plans do not meet the requirements of the “NationalProgram” or improvement of the welfare of children in places of unfreedom;they are also unrelated to the protection of children, who have committedoffenses. The plans for 2011 do not mention the State Department of Ukrainefor Enforcement of Sentences among responsible executors. Resolution of the Cabinet of Ministers of Ukraine of 13.04.2011 No. 330-p. Resolution of the Cabinet of Ministers of Ukraine of 31.05.2012 No. 329-p.89
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DesignerBoris ZakharovOn the cover
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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