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Implementation of international standards in the field of prevention — Research

Implementation of international standards in the field of prevention of improper treatment in the activities of criminal justice bodies of Ukraine

The unequivocal rejection of such treatment by police officers is, undoubtedly, the best guarantee against ill-treatment of detainees. It requires, first, the strict criteria for selecting police personnel and, second, adequate professional training.

Accordingly, the study of human rights issues should be included to the practical professional training on the behaviour of police officers in conditions of a high risk of ill-treatment and during the detention of persons and their interrogation in particular. In addition, the special training should be provided for police officers who carry on the function detention of persons. It should be based on awareness of their duty to take care about detainees and the responsibility they bear for the condition of all detainees during their stay in the police station.This manual offers a review of international standards in the field of prevention of the improper treatment of detained persons, the ways to put into practice the main international standards in the field of prevention of improper treatment in the national legislation of Ukraine, the role of the police in the prevention of torture and ill-treatment, as well as carrying through the main international standards regarding the role of attorney in the prevention of torture and ill-treatment of detainees, other important issues.

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CONTENT

Chapter 1. INTERNATIONAL STANDARDS IN THE AREA OF PREVENTION

OF THE IMPROPER TREATMENT OF DETAINEES 7

1.1. General issues 8

1.1.1. Police officers professionalism and prevention of the improper treatment of detainees 8

1.1.2. The role of prosecutors and judges in preventing detainees ill-treatment — European approach 9

1.1.3. The role of attorneys in preventing the mistreatment of detainees 10

1.1.4. Types and binding nature of international standards in prevention of torture

and other forms of ill-treatment of detainees 11

1.2. International standards for police custody 13

1.2.1. Basic safeguards against ill-treatment of detainees 13

A. Informing the detainee of their rights 14

B. The right to inform about the fact of been detained 14

C. Right of counsel 15

D. Right to medical assistance 15

1.2.2. International standards for the interrogation of a detained person 18

1.2.3. Features of preventing improper treatment of the detained juveniles

1.2.4. Requirements for documenting the process arrest of a person

and his/her detention by the police 20

1.2.5. Standards for the material conditions of police custody 21

1.2.6. Combat against impunity and standards for the effective investigation

of improper treatment of detainees 22

Chapter 2. ENACTING OF THE BASIC INTERNATIONAL STANDARDS IN THE FIELD OF PREVENTION OF IMPROPER TREATMENT TO THE NATIONAL LEGISLATION OF UKRAINE 28

2.1. General trends in the implementation of international standards for the prevention of torture and improper treatment in the Ukrainian legislation 29

2.2. Concept, types and legal grounds for detaining a person 32

2.3. The concept of torture in criminal law 36

2.4. Basic safeguards against ill-treatment of detainees 38

2.4.1. Informing the detained person of their rights 38

2.4.2. Proper recording of all actions towards the detained person 43

2.4.3. The right to inform about the fact of been detained 14

2.4.4. Right of counsel 50

2.4.5. Right to medical assistance 62

Chapter 3. THE ROLE OF THE POLICE IN PREVENTION OF TORTURE

AND IMPROPER TREATMENT IN UKRAINE 70

3.1. The risk factors in the powers of the National police of Ukraine

that determine their abuse, torture and other forms of ill-treatment 71

3.2. Requirements for the professional skills of the National police servants in Ukraine in order to prevent improper treatment of detainees

3.3. Practical problems in the application of the prevention of torture and ill-treatment standards by the police 77

3.3.1. Torture and ill-treatment in the work of the Internal Affairs Department 77

3.3.2. The circumstances that impede the eradication of torture

and improper treatment in the activities of law enforcement agencies 83

3.3.3. Informing about the rights of detained persons in the activities of the Internal Affairs Department of Ukraine 89

3.3.4. Registering of detained persons in the activities of law enforcement agencies of Ukraine 90

3.3.5. Ensuring the right of detainees on legal aid in the activities of the Internal Affairs Department of Ukraine 96

3.3.6. Ensuring the right of detainees on medical help in the activities of the Internal Affairs Department of Ukraine 96

3.3.7. Ensuring the right of detainees to notify third parties

about their detention in the activities of law enforcement agencies of Ukraine 109

Chapter 4. IMPLEMENTATION OF THE BASIC INTERNATIONAL STANDARDS OF THE ROLE OF ATTORNEY IN THE SYSTEM OF PREVENTION OF TORTURE AND ILL-TREATMENT OF DETAINED PERSONS IN UKRAINE 111

4.1. The role of a attorney in ensuring the rights and freedoms of a detained person

according to the current legislation of Ukraine 112

4.2. Features of practical application of lawyers defence from improper treatment functions towards detained person 119

Chapter 5. PROSECUTOR’S OFFICES IN THE SYSTEM OF PREVENTION OF TORTURE AND IMPROPER TREATMENT IN UKRAINE 132

5.1. The role of the Prosecutor in ensuring the rights and freedoms of the suspect

at the stage of pre-trial investigation of criminal offences 134

5.2. Legal requirements to the employees of the Prosecutor’s office n the stage of supervising the ensuring proper conditions of detention for the detained person

5.3. Practical aspects of the application of standards by prosecutors

for the prevention of torture and ill-treatment by the police 144

5.3.1. The European court of human rights practice on article 3 of the Convention

on the protection of human rights and fundamental freedoms in cases against Ukraine

(violation of the procedural aspect) 144

5.3.2. Special proceedings of the Commissioner of the Verkhovna Rada of Ukraine

in cases of violation of human right on effective investigation on cases of torture and ill-treatment 154

Chapter 6. THE ROLE OF THE COURT IN PREVENTING ILLTREATMENT IN UKRAINE 159

6.1. Implementation of certain international standards on the role of judges in the field of torture prevention and improper treatment in the Ukrainian legislation 160

6.2. Practical problems in the application of prevention standards by judges

for the prevention of torture and ill-treatment 169

6.2.1. Improvement of the legal regulation and practical application of common responsibilities of courts and judges for the protection of human rights in criminal proceedings 173

6.2.2. Failure of the investigating judge to take all necessary precautions to ensure

the safety of the person claiming been subjected to violence during his/her arrest or detention 175

6.2.3. Lack of proper response of the judge to illegal deprivation of liberty 179

6.2.4. The reality and inevitability of responsibility for the commissioning of improper judicial control in the field of prevention of torture and ill-treatment 184

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Translation by Oksana Vashenko

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