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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Section 2Administrative standards and proceduresThe employees of correctional facilities, as well as the entire personnel ofthe State Penitentiary Service of Ukraine, undergoes retraining at the school ofprofessional development according to the Law of Ukraine “On Civil Service”.The refresher courses include topics on the specifics of various categories ofprisoners, including juvenile offenders.It should be noted that the management of the State Penitentiary Serviceof Ukraine failed to answer the researchers about organizing practical skillsduring implementation of personnel training programs.Ministry of Internal Affairs of Ukraine• Regarding the personnel of the units of criminal militia for minors (CMM)It turned out that the information on personnel of CMM units was unavailablefrom the MIA because the Management of the CMM of the Ministry ofInternal Affairs of Ukraine refused on the ground of paragraph 2.10 of the Order19 concerning placing at researchers’ disposal of excerpts from the legalact (instruction), which guides the personnel of CMM units in their official activitieswhile dealing with children in the course of their duties, rules of treatmentof children and so on, as well as typical and job description (duties) forall positions of the personnel of CMM units. Failure to provide this informationwas justified by the fact that according to §2.10 of this list the requested informationis classified as official: “the information contained in the administrativeand official documents that includes information about the concrete functionsand tasks of militia units engaged in operational and search activities iscategorized as proprietary and is not subject to disclosure.”Of course, the query was not about providing information about the immediatetasks of concrete CMM units in specific cases of carrying out allocatedservice, but only about their general functions (responsibilities) and tasks.In addition, pursuant to Part 2 of Article 6 of the Law of Ukraine “On accessto public information” the restriction of access to information under the law issubject to the set of prerequisites as follows:1) exclusively in the interests of national security, territorial integrity orpublic order, in order to prevent disorder or crime, for protection of public19 Order of the Ministry of Internal Affairs of Ukraine dated 05.14 2012 No. 423 “On approvalof the list of information which is confidential for the system of the Ministry of Internal Affairs ofUkraine.”97

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