A/HRC/45/CRP.9
(d)
Conduct timely and effective investigations of all allegations of unlawful
arrests, torture or ill-treatment perpetrated by the law enforcement agents in the
context of prosecution of conflict-related crimes;
To the Prosecutor General’s Office:
(e) Ensure that attacks against judges and lawyers are accurately classified
under the Criminal Code to reflect their true nature and gravity;
(f) Conduct timely and effective investigations into human rights violations
allegedly perpetrated by military and law enforcement agents when prosecuting
conflict-related crimes;
(g) Ensure that prosecutors do not unduly delay trials;
(h) Close all investigations against judges launched under article 375 of the
Criminal Code of Ukraine;
To the National Police, Security Service of Ukraine:
(i) Discontinue the wide interpretation of the concept of continuous crime in
order to justify arrests without court warrant, and limit such arrests to situations where
there is an urgent need to prevent or stop a crime;
To the National Police
(j) Ensure that all attacks against lawyers are effectively responded to and
investigated;
To the Ministry of Justice:
(k) Register and transfer all complaints regarding the professional and
Ethical conduct of State-appointed lawyers in conflict-related criminal cases to the
respective bar associations so that proper examinations can be carried out and, where
justified, disciplinary actions can be imposed;
To judges:
(l) Conduct assessments of the reasonableness and necessity of remanding
individuals in custody, in line with the Criminal Procedure Code and international
human rights standards;
(m) When considering plea bargains, where there are grounds to believe that
the defendant has been subjected to torture or ill-treatment, or otherwise compelled to
admit guilt, request any supporting evidence to verify the genuineness of the guilty plea;
(n) Order investigation into all allegations of ill-treatment, torture, enforced
disappearance, arbitrary arrest or detention;
(o) Ensure that trials are not unduly delayed by addressing failures of parties
to appear in court through existing procedural means, namely ordering compulsory
attendance and imposing fines;
To the judicial authorities:
(p) Speed up the judicial reforms and expedite the selection process of judges
in order to alleviate the understaffing of first-instance courts.
177. To the self-proclaimed ‘Donetsk people’s republic’ and self-proclaimed ‘Luhansk
people’s republic’:
(a)
Halt the practice of ‘preventive arrest’ and ‘administrative arrest’;
(b)
Put an end to the consideration of entire ‘criminal cases’ in camera
without justified reasons;
(c)
Cease the practice of compelling individuals to confess under torture and
intimidation and stop using forced confessions in ‘criminal cases’;
(d)
Ensure immediate and unlimited access to legal counsel for all those
detained or accused of ‘crimes’;
37
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