A/HRC/22/7 measures taken by the law-enforcement authorities to eliminate such risks. Thus, the above mentioned requirements were expected to resolve the problem of unreasoned and extensive detention and overcrowding in pretrial detention facilities. 8. As to the guarantees of a fair trial, the new Code would effectively regulate the procedure for obtaining evidence in proceedings. Furthermore, the institution of an investigative judge was introduced to exercise judicial control over pretrial investigations. 9. The delegation stated that according to the new Code, evidence should be considered inadmissible, if obtained, inter alia, as a result of torture, cruel, inhuman or degrading treatment or threats of such treatment, with violation of the person’s right to defence. The provisions on admissibility of evidence were considered important since in most cases, lawenforcement authorities violated human rights in order to obtain evidence that would subsequently be used during proceedings. 10. The delegation stated that the new Code would also resolve the problem of ineffective investigation into complaints of ill-treatment and deprivation of life. According to the European Court of Human Rights, the main reason for ineffective investigation is conflict of interest, since the Prosecutor’s Office serve as investigative, controlling and prosecuting body. Under the new Code, the Prosecutor’s Office would be the investigative body only in cases concerning judges, high-ranking officials and law-enforcement officers. In addition, law-enforcement bodies are obliged to register cases and initiate the investigation as soon as a complaint is received. The delegation expressed its belief that those provisions would eliminate conflict of interest and increase the effectiveness of investigations into complaints of ill-treatment and deprivation of life. 11. The delegation reported on the judicial reform which was launched by the adoption of the Law on the Judicial System and Status of Judges. Subsequently, a set of laws was adopted with the aim of improving the judicial system and administration of justice. Once the reform is completed, judges would be selected through a transparent and competitive process that includes a qualification examination. The composition of the High Council of Justice, empowered to impose disciplinary sanctions and to dismiss judges, was reformed to guarantee judicial independence. Of the 18 members of the Council, 11 must be judges. Prosecutors, who are the members of the Council, cannot initiate disciplinary proceedings against a judge on cases to which the Prosecutor’s Office is a party. 12. The delegation stated that a Law on Legal Aid was adopted in 2011, which defines the grounds and procedures for granting legal aid. Until the end of 2012, there would be 27 centres providing free legal aid in the Autonomous Republic of Crimea, the regions, and the cities of Kyiv and Sevastopol. The Government plans to set up an additional 67 centres throughout the country over the next two years. 13. The delegation also reported on the progress made in establishing the national preventive mechanism under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) by amending the Law on the Parliamentary Human Rights Commissioner and creating a legal basis for the Ombudsman Plus model of the national preventive mechanism. As a result of those amendments, a special department within the structure of the Ombudsman’s Office was established and an Ombudsman representative on this issue was designated. Additionally, an action plan for the effective functioning of the national preventive mechanism was developed in 2012. 14. The delegation stated that all the reforms mentioned, that were carried out over the past years, had the common goal of promoting the rule of law and ensuring that human rights violations would not remain unpunished. 4

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