A/HRC/16/47
2.
Follow-up to country visits of the Working Group
24.
In accordance with its methods of work, the Working Group decided in 1998 to
address a follow-up letter to the Governments of the countries it had visited, requesting
information on such initiatives as the authorities might have taken to give effect to the
relevant recommendations adopted by the Working Group contained in the reports on its
country visits.8
25.
During 2010, the Working Group requested information from the countries it had
visited during 2008 and received information from the Government of Ukraine. The
Governments of Angola (visited in 2007), Colombia, Italy and Mauritania offered to send
their information before the end of 2010.
Ukraine
26.
In information received on 3 December 2010, the Government of Ukraine informed
the Working Group that any request submitted by international, regional and national
human rights organizations to visit penitentiary facilities is given due consideration and
these organizations are provided with unhindered access. For instance, according to the
Law Concerning the Amendments to the Criminal Code adopted on 21 January 2010,
access to penitentiary facilities by the chairperson and members of the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment does not require any preliminary authorization from the Government. The
Government informed the Working Group that the concept and format of a preventive
mechanism against torture is currently under consideration and will be finalized by the end
of 2011. The Ministry of Interior has implemented a training programme for its officials for
the period 2010-2012, a publicly available Information Centre and special commissions
overseeing the conditions of the penitentiary facilities.
27.
The Government notes the ongoing project of a new Code of Criminal Procedure,
which contains an innovative approach to obtaining testimonies. The latter are only
considered evidence if submitted directly to the court. According to new article 88 of the
Code of Criminal Procedure, no person is under an obligation to testify during the pre-trial
investigation.
28.
During 2010, the Government together with other stakeholders organized seven
seminars for officials in charge of temporary detention facilities. In the first half of 2010, 21
officials have been brought to criminal responsibility for the misuse of authority and 24
members of the Ministry of Interior for the abuse of power and official functions.
29.
Following the Order of the President of Ukraine No. 820 dated 17 August 2010, a
working group was formed regarding the reform of the criminal procedure. Its function
includes discussing the possibility of transforming the office of the prosecutor into an
organization which will abide by the standards of the Council of Europe. Pursuant to the
Law on the Selection and Status of Judges dated 7 July 2010, the competence to select
candidates for judges belongs to a highly qualified commission of judges of Ukraine, a
permanent body in the criminal justice system. It also provides for the introduction of an
automated database of documents and distribution of cases. Pursuant to Law No. 2395-VI
on the Amendments to the Code of Criminal Procedure of Ukraine regarding the Rights of
Witnesses to a Lawyer and other Legal Assistance, the right of the witness to request legal
assistance at all stages of criminal investigation is guaranteed.
8
E/CN.4/1999/63, para. 36
13
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