A/HRC/40/CRP.3 V. Accountability and administration of justice A. Administration of justice While article 176.5 is in force, a person can be held in SIZO eternally. There is no need to prove anything. It’s a very convenient tool. - A detainee in the Kyiv SIZO. 60. OHCHR notes the persistent practice of prolonged pre-trial detention and the use of pressure to obtain forced confession or plea bargains. OHCHR documented 89 violations of the right to a fair trial in conflict-related criminal cases.67 61. During the reporting period, OHCHR continued to observe a worrying trend of convicting individuals affiliated or linked with armed groups of ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ based on guilty pleas and confessions without material evidence. In 35 out of 60 verdicts in conflict-related criminal cases, defendants pled guilty or admitted guilt. In 2468 out of those 35 cases prosecutors presented no material evidence, giving rise to concerns about substantiality of the charges. In four cases defendants were sentenced to as much time as they had already spent in pre-trial detention69 and were thus immediately released. OHCHR is concerned that defendants could see pleading guilty to a crime as the only way to be released from detention in the context of a protracted trial. 62. The wide application of plea bargains in conflict-related criminal cases is problematic due to the practice of coercing defendants to admit guilt, including through the use of physical violence, as documented by OHCHR. In at least three documented cases, detainees of the Kharkiv SIZO tried on terrorism charges complained of being under pressure.70 In particular, the SIZO administration repeatedly placed defendants in punishment cells71 for minor infractions of the SIZO rules and regulations. 72 By conducting excessively frequent searches and seizures of personal items, the administration allegedly provoked other detainees to be violent towards the defendants. One of them was brought to the court with visible injuries on his face and body and told the court that he had been beaten after complaining to the prosecution about this punitive practice by top SIZO officials. He explained to the court that he feared for his life but refused to describe the beating. 67 68 69 70 71 72 18 The Criminal Code of Ukraine, articles 109-1141, 258-2585, 260, and 261. These crimes constitute “conflict-related crimes”. Data from the Unified Register of Court Decisions. According to para.5 Art. 72 of the Criminal Code of Ukraine as of the version amended by Law № 838-VIIІ of 26.11.2015 (also known as the ‘Savchenko law’ after Nadiia Savchenko, a member of the Parliament and an author of the law), a pre-trial detention shall be counted as a part of a sentence at a ratio of 1:2 days. See the Great Chamber of the Supreme Court judgement of 29 August 2018 № 663/537/1. Cumulative data of OHCHR court monitoring, interviews with victims and their relatives, visits to penitentiary facilities, information provided by governmental bodies upon OHCHR’s requests. Placing of defendants in punishments cells comes with other restrictions such as prohibition of personal items, receiving packages (on which many detainees depend for food and medications), absence of adequate medical care and poor cell conditions (such as, low temperature). The most common disciplinary violations were reportedly possessing or bringing to the SIZO a prohibited item, being awake after 10 p.m., interfering with cell searches and arguing with guards.