A/HRC/42/40/Add.2 is paid as long as the victim retains his or her status of missing person; the payments are terminated when the location, place of burial or location of the remains of the missing person is clarified. Relatives are entitled then to seek a survivor’s pension on a general ground in accordance with the general legislation on State pensions. This scheme for supporting relatives of disappeared persons does not conform with the definition of a reparation in the Declaration and the Convention, which, once again, has priority over the newly adopted law. 58. The relevant State authorities may consider looking for guidance in the study of the Working Group on enforced and involuntary disappearances and economic, social and cultural rights, in which it highlighted the fact that the right to obtain redress for acts of enforced disappearances includes medical and psychological care, and guarantees of employment or property (A/HRC/30/38/Add.5, para. 59). In its general comment on article 19 of the Declaration, the Working Group established a broad interpretation of the right to obtain redress for acts of enforced disappearance, including medical and psychological care and rehabilitation for any form of physical or mental damage, and to legal and social rehabilitation, guarantees of non-repetition, restoration of personal liberty, family life, citizenship, employment or property, return to one’s place of residence and similar forms of restitution, satisfaction and reparation that might remove the consequences of the enforced disappearance (E/CN.4/1998/43, para. 75). 13 If a person is subjected to enforced disappearance, States have an obligation to provide prompt, adequate and effective reparation to all those who have suffered harm as a result of the disappearance. 59. The Working Group also stresses that, for the purpose of reparation, the definition of a victim of enforced disappearance is broad, and includes a disappeared person as well as anyone who suffers direct harm as a result of the disappearance. The approach taken by the law differs in that a survivor’s pension may be awarded only to relatives of the disappeared person listed explicitly in the law. 5. Prevention (i) Awareness-raising, training and human rights education 60. In order to prevent the recurrence of enforced disappearances, it is essential to properly educate present and future generations, and to provide society in general, and civil servants in particular, with adequate human rights training. The Working Group emphasizes the importance of including the necessary education and information regarding the relevant provisions of the Declaration in training given to law enforcement personnel, civil or military, public officials and other persons who may be involved in the custody or treatment of any person deprived of liberty. Professional training for judges, prosecutors and lawyers is also essential. (ii) Registration of deprivation of liberty 61. According to article 10 (3) of the Declaration, an official up-to-date register of all persons deprived of their liberty should be maintained in every place of detention and all States should take steps to maintain centralized registers. The Working Group noted that such a centralized system does not yet exist in Ukraine, although it did observe that a bill addressing that issue would shortly be tabled in Parliament. The Working Groups also notes the additional information provided by the Government about the adoption, on 6 September 2017, of resolution No. 608 creating the Unified Register of Sentenced and Remanded Prisoners, and that the software for the Unified Register would be completed, with subsequent training for staff on how to administer the register. The beginning of a full-scale operation of the register is scheduled for 1 September 2019. 62. As also noted by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the system for transferring detainees also appears to have gaps in terms of registration and of detainees’ contact with lawyers and the outside world, especially in the case of individuals accused of crimes in connection with the conflict in the East (CAT/OP/UKR/1, paras. 49-52). 13 See also A/HRC/22/45, paras. 46–47. 13

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