In the context of the UPR, Amnesty International makes the following recommendations to Ukraine
Follow up to the previous review:
• To make the necessary constitutional changes to ratify the Rome Statute of the International Criminal Court, and to draft legislation to implement Rome Statute and the Agreement on Privileges and Immunities;
• To amend the law on refugees and persons in need of complementary protection to provide complementary protection in the context of international or internal armed conflict, in line with international standards;
• To abide by its obligations under international human rights and refugee law not to send individuals to countries where they face a real risk of grave human rights abuses, including torture or other ill-treatment;
• To provide full and fair refugee determination procedures by ensuring that offices of the Migration Services are fully functional and able to accept applications, that asylum-seekers are provided with interpretation, and that no asylum-seekers are detained for having entered the country illegally;
• To set up an independent body to monitor places of detention in accordance with Ukraine’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
• To undertake further work regarding the independence of the judiciary and corruption in the judiciary and across the executive, in line with the recommendation made to and supported by Ukraine during its first Universal Periodic Review.
Reform of the criminal justice system:
• To enact the new Criminal Procedural Code as soon as possible and consider bringing it further into line with the Council of Europe standards;
• To establish, as a matter of priority, a fully-resourced independent agency to investigate all allegations of human rights violations by law enforcement officers, including the police, as recommended by the Commissioner for Human Rights of the Council of Europe.
Torture and ill-treatment in police custody:
• To ensure that any police officer or other law enforcement official reasonably suspected of responsibility for torture or other ill-treatment is prosecuted for an appropriate offence and, if proved guilty, that the sentence imposed is commensurate with the gravity of the offence;
• To ensure that a lawyer is always present during police interrogations unless a detainee waives the right to a lawyer, and that all interrogations are accurately recorded, preferably with the use of video/audio equipment;
• To enable victims of torture to obtain redress and adequate reparation, including compensation and the means for the fullest possible rehabilitation, and protection from reprisals;
• To review the provisions of the Administrative Code to ensure that all detainees have immediate access to a lawyer in accordance with international standards.
Deaths in custody:
• To ensure that all people deprived of their liberty are held in conditions that meet international standards, and to implement fully the recommendations by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regarding conditions in pre-trial detention.
Impunity for human rights violations:
• To amend Article 127 of the Criminal Code to ensure that it accurately reflects all elements of the definition of torture as set out in Article 1 of the Convention against Torture;
• To ensure that allegations of crimes committed by police officers are investigated impartially, in particular by reforming the role and functions of the Prosecutor’s Office so that such investigations are unbiased and objective.
Ukraine: Amnesty International's submission to the UN Universal Periodic Review