A/HRC/40/CRP.3
(p)
conduct rigorous review of all plea bargains and refuse to accept them,
when there are reasonable grounds to believe that pleas bargains were obtained by
coercion or under psychological pressure due to prolonged pre-trial detention and
when no evidence of guilt is presented;
(q)
ensure that there is sufficient number of judges in local courts to
administer justice promptly and effectively.
Office of the Prosecutor General and law enforcement agencies:
(r)
ensure prompt, impartial and effective investigation of all alleged
incidents of arbitrary detention, torture, ill-treatment and enforced disappearance,
including those allegedly committed by State actors or individuals acting with State
authorization, support or acquiescence, in line with international standards, including
Istanbul Protocol;
(s)
act to stop and effectively prosecute any acts of interference into
activities of legal professionals, attacks on defence lawyers, and attempts to exert
pressure on judges;
(t)
facilitate prompt trial proceedings in conflict-related criminal cases
through, inter alia, requesting courts to ensure the presence of all parties and
witnesses during trials;
(u)
condemn all acts of violence and promptly, impartially and efficiently
investigate all violent attacks against media professionals, civic and political activists,
human rights defenders, political parties, and defence lawyers. Motives of
perpetrators and other aggravating circumstances should be considered during initial
criminal classification and investigations into these attacks;
(v)
ensure adequate and effective security for all peaceful public assemblies,
prevent and stop all acts of violence, while facilitating the exercise of freedom of
peaceful assembly without discrimination;
2.
To all parties involved in the hostilities in Donetsk and Luhansk regions,
including the Ukrainian Armed Forces, and armed groups of the self-proclaimed
‘Donetsk people’s republic’ and self-proclaimed ‘Luhansk people’s republic’:
(a)
strictly adhere to the ceasefire and disengagement provisions of the
Minsk agreements;
(b)
ensure full compliance with international humanitarian law rules of
distinction, proportionality and precaution, including by immediately ceasing the use
of weapons with indiscriminate effect in populated areas, particularly weapons with
wide impact area;
(c)
take all possible measures to minimize harm to the civilian population,
including by positioning military objects outside of densely populated areas, and
refraining from deliberately targeting civilians or civilian infrastructure, such as
water facilities and power lines;
(d)
create conditions for safe and quick crossing of the contact line by
civilians, including an improved access to the first medical aid at EECPs and
near them.
3.
To the self-proclaimed ‘Donetsk people’s republic’ and self-proclaimed
‘Luhansk people’s republic’:
(a)
ensure unimpeded and confidential access by OHCHR and other
international organisations to all places of deprivation of liberty and allow private,
confidential interviews with detainees in accordance with international standards;
(b)
refrain from practice of ‘preventive arrest’ and ‘administrative arrest’,
which may amount to incommunicado detention and provide information on
detainees’ whereabouts to their families;
(c)
treat all persons in detention humanely in all circumstances and
ensure conditions of detention are in accordance with international standards;
(d)
continue transfers of prisoners to the government-controlled territory
and in doing so prioritize the transfer of those individuals, who had been held in pretrial custody at the time when the armed conflict broke out.
31
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