Human Rights Council elections 2008 - Ukraine
There are consistent reports of torture and ill-treatment of individuals in police custody. Most perpetrators of torture or ill-treatment enjoy effective impunity due to flawed investigations that do not meet international standards. Such investigations have resulted in very few prosecutions of law enforcement officers; and in the few cases where an official has been convicted, only minimal sentences have been imposed.
Despite legal provisions stipulating prosecution for ill-treatment, victims often find it difficult to lodge complaints. Some victims of alleged ill-treatment have faced reprisals from police, after lodging complaints with the Public Prosecutor and three of them are currently seeking asylum in other countries.
Responsibility for prosecutions lies with the Public Prosecutor, an institution that is neither independent nor impartial. When applying to join the Council of Europe in 1995, Ukraine committed to bringing the role and functions of the Prosecutor's Office into line with Council of Europe standards. However, Ukraine has yet to fulfil this commitment.
Although Ukraine has introduced changes to the criminal justice system aimed at bringing it into line with the European Convention on Human Rights, the system still retains many features of the inherently repressive Soviet criminal justice system. Shortcomings in the Criminal Procedural Code fail to guarantee detainees’ rights to access to a lawyer or medical care and allow detainees to be held for up to 72 hours before being brought before a judge.
Although the right to legal assistance is set out in Ukrainian legislation, suspects and detainees are frequently not informed of their right to a lawyer or to be represented by a lawyer during questioning. In April 2006, the Minister of Internal Affairs issued an order that all detainees must be informed of their rights; however, no practical measures have yet been put in place to implement this order.
Overcrowding and poor conditions in pre-trial detention have led to a high rate of infection among detainees. Most reported deaths in custody are due to inadequate medical care, including failure to diagnose pre-existing medical conditions, such as tuberculosis.
In November 2007 the Human Rights Ombudsperson expressed concern about the number of deaths in custody.
On 25 October 2007, the European Court of Human Rights ruled that Ukraine had violated the prohibition of torture and other inhuman or degrading treatment in the case of Oleg Yakovenko. Mr Yakovenko had been held in degrading conditions and deprived of timely and appropriate medical assistance and treatment; he died in May 2007 as a consequence of HIV and tuberculosis.
The Law on the Prevention of Violence in the Family came into effect in January 2002. However, the law has not proved effective in combating domestic violence, in particular because of the inclusion of the concept of "victim behaviour", which has been used to blame women for provoking violence and thus allowed perpetrators to avoid prosecution.
The authorities have failed to observe the principle of non-refoulement and to provide full and fair refugee status determination procedures. In February 2006, 10 asylum-seekers from Uzbekistan, who had been seeking international protection in Ukraine, were forcibly returned to Uzbekistan. They were denied the right to appeal and, in one case, the right to apply for asylum.
Some of the deported asylum-seekers were reportedly subjected to torture and ill-treatment upon their return to Uzbekistan.
Asylum-seekers and foreigners living in Ukraine often suffer racist attacks by members of the public or racist treatment at the hands of the police, including disproportionately frequent document checks. There are no government statistics for the number of racist crimes, and most racist attacks are classified by the police as "hooliganism".
Ukraine: Briefing to the UN Human Rights Committee:June 2006 (November 2006)
Ukraine: Time for Action: Torture and ill-treatment in police detention (Report, 27 September 2005)
Ukraine: Ten asylum-seekers forcibly returned to Uzbekistan (Public Statement, 20 February 2006)
Sources:
Despite legal provisions stipulating prosecution for ill-treatment, victims often find it difficult to lodge complaints. Some victims of alleged ill-treatment have faced reprisals from police, after lodging complaints with the Public Prosecutor and three of them are currently seeking asylum in other countries.
Responsibility for prosecutions lies with the Public Prosecutor, an institution that is neither independent nor impartial. When applying to join the Council of Europe in 1995, Ukraine committed to bringing the role and functions of the Prosecutor's Office into line with Council of Europe standards. However, Ukraine has yet to fulfil this commitment.
Although Ukraine has introduced changes to the criminal justice system aimed at bringing it into line with the European Convention on Human Rights, the system still retains many features of the inherently repressive Soviet criminal justice system. Shortcomings in the Criminal Procedural Code fail to guarantee detainees’ rights to access to a lawyer or medical care and allow detainees to be held for up to 72 hours before being brought before a judge.
Although the right to legal assistance is set out in Ukrainian legislation, suspects and detainees are frequently not informed of their right to a lawyer or to be represented by a lawyer during questioning. In April 2006, the Minister of Internal Affairs issued an order that all detainees must be informed of their rights; however, no practical measures have yet been put in place to implement this order.
Overcrowding and poor conditions in pre-trial detention have led to a high rate of infection among detainees. Most reported deaths in custody are due to inadequate medical care, including failure to diagnose pre-existing medical conditions, such as tuberculosis.
In November 2007 the Human Rights Ombudsperson expressed concern about the number of deaths in custody.
On 25 October 2007, the European Court of Human Rights ruled that Ukraine had violated the prohibition of torture and other inhuman or degrading treatment in the case of Oleg Yakovenko. Mr Yakovenko had been held in degrading conditions and deprived of timely and appropriate medical assistance and treatment; he died in May 2007 as a consequence of HIV and tuberculosis.
The Law on the Prevention of Violence in the Family came into effect in January 2002. However, the law has not proved effective in combating domestic violence, in particular because of the inclusion of the concept of "victim behaviour", which has been used to blame women for provoking violence and thus allowed perpetrators to avoid prosecution.
The authorities have failed to observe the principle of non-refoulement and to provide full and fair refugee status determination procedures. In February 2006, 10 asylum-seekers from Uzbekistan, who had been seeking international protection in Ukraine, were forcibly returned to Uzbekistan. They were denied the right to appeal and, in one case, the right to apply for asylum.
Some of the deported asylum-seekers were reportedly subjected to torture and ill-treatment upon their return to Uzbekistan.
Asylum-seekers and foreigners living in Ukraine often suffer racist attacks by members of the public or racist treatment at the hands of the police, including disproportionately frequent document checks. There are no government statistics for the number of racist crimes, and most racist attacks are classified by the police as "hooliganism".
Recent Amnesty International statements and reports:
General
Amnesty International Annual Report extracts for Ukraine, 2005-2007Ukraine: Briefing to the UN Human Rights Committee:June 2006 (November 2006)
Torture
Ukraine: Briefing for the Committee against Torture on Ukraine (30 April 2007)Ukraine: Time for Action: Torture and ill-treatment in police detention (Report, 27 September 2005)
Asylum
Ukraine: Government blatantly ignores rights of asylum-seekers (Public Statement, 7 March 2008)Ukraine: Ten asylum-seekers forcibly returned to Uzbekistan (Public Statement, 20 February 2006)
Domestic violence
Ukraine: Domestic Violence – Blaming the Victim (Report, 21 November 2006)Ratification of International Treaties
| Treaty | Status | Recognition of specific competences of Treaty Bodies | Reservations/ Declarations |
| International Covenant on Civil and Political Rights (ICCPR) | Ratified | Art. 41 (inter-state complaints) | Entered |
| Optional Protocol to the ICCPR | Acceded | ||
| Second Optional Protocol to the ICCPR on the death penalty | Acceded | ||
| International Covenant on Economic, Social and Cultural Rights | Ratified | Entered | |
| Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Ratified | ||
| Optional Protocol to CEDAW | Ratified | Arts. 8 and 9 (inquiry procedure) | |
| International Convention on the Elimination of All Forms of Racial Discrimination | Ratified | Art. 14 (individual complaints) | Entered |
| Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) | Ratified | Art. 20 (inquiry procedure) Art. 21 (inter-state complaints) Art. 22 (individual complaints) |
|
| Optional Protocol to CAT | Ratified | ||
| Convention on the Rights of the Child (CRC) | Ratified | ||
| Optional Protocol to the CRC on children in armed conflict | Ratified | Entered | |
| Optional Protocol to the CRC on the sale of children, child prostitution and child pornography | Ratified | ||
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families | |||
| International Convention for the Protection of All Persons from Enforced Disappearance | |||
| Rome Statute of the International Criminal Court | Signed | ||
| Convention Relating to the Status of Refugees | Acceded | ||
| Protocol Relating to the Status of Refugees | Acceded | ||
| The Four Geneva Conventions | Ratified | ||
| Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts | Ratified | ||
| Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts | Ratified | ||
| Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem | Signed |
Compliance with Reporting Obligations
| Total Overdue Reports | Up to 5 years overdue | 5-10 years overdue | 10 years or more overdue |
| 3 | CEDAW: 7th periodic report CRC OP AC: initial report |
CEDAW: 6th periodic report |
Cooperation with the Special Procedures
| Extension of a standing invitation | Outstanding visit requests (year requested) | Forthcoming visits (dates if available) | Missions carried out between May 2007 and April 2008 |
| All Special Procedures | None | Working Group on arbitrary detention (agreed in principle) | Special Rapporteur on freedom of expression (May 2007) |
- Compilation prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15 (b) of the Annex to Human Rights Council resolution 5/1– 25 March 2008 (A/HRC/WG.6/2/UKR/2)
- Official website of the Office of the United Nations High Commissioner for Human Rights –
http://www2.ohchr.org/english/bodies/ratification/index.htm
http://www.unhchr.ch/
http://www2.ohchr.org/english/bodies/chr/special/countryvisitsf-m.htm - Official website of the Office of the United Nations High Commissioner for Refugees –
http://www.unhcr.org/protect/3c0762ea4.html - Official website of the Rome Statute of the International Criminal Court –
http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXVIII/treaty11.asp - Official website of the International Committee of the Red Cross –
http://www.cicr.org/ihl.nsf/Pays?ReadForm
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