implement anti-corruption norms in place. In this regard, the HRMMU recalls that in its
concluding observations adopted in May 2014, the UN Committee on Economic, Social
and Cultural Rights called on Ukraine to “make politicians, members of parliament and
national and local government officials aware of the economic and social costs of
corruption, and make judges, prosecutors and the police aware of the need for strict
enforcement of the law”.
Torture and ill-treatment
101. On 3 June, the Minister of Justice announced at a press-conference the establishment of
a Special Committee to carry out random inspections of penitentiary institutions, with
broad powers to check violations of human rights and the detention conditions of
prisoners. The Committee will be a permanent body and is to produce monthly reports.
It will comprise representatives of the Ministry of Justice and representatives of civil
society.
102. While welcoming this step, the HRMMU notes that the Ombudsperson was designated
by law as the National Preventive Mechanism (NPM) against torture, in line with the
Optional Protocol to the United Nations Convention against Torture. As such, it is
entrusted to conduct visits to places of deprivation of liberty, with the involvement of
civil society, and with a view to preventing human rights violations affecting detainees
or contributing to their elimination. Due to the obvious similarities between mandates of
the Special Committee and the NPM, proper coordination and consultations between
these bodies will be required to ensure the effectiveness of efforts to combat torture and
ill-treatment.
Lustration
103. The Interim Special Commission on the vetting of judges was established on 4 June,
pursuant to Article 3 of the Law "On the restoration of trust in the judiciary in Ukraine”,
which entered into force on 10 May. The Commission consists of five representatives
from the Supreme Court, the Parliament and the Governmental Commissioner on the
Issues of the Anti-Corruption Policy. Legal entities and individuals will have six months
from the date of advertisement of the establishment of the Commission in the newspaper
"Voice of Ukraine" to request examination (vetting) of judges. Public information about
the activities of the Interim Special Commission will be published on the official
website of the High Council of Justice of Ukraine. The HRMMU reiterates its concern
that the immediate dismissal of judges by the Special Commission may put in jeopardy
the administration of justice. Any lustration initiatives should be pursued in full
compliance with the fundamental human rights of the people concerned, including the
right to individual review and the right of appeal.
Ethnic and national policy
104. The Minister of Culture stated on 4 June that the Cabinet of Ministers decided to
establish a ‘Council of interethnic consensus’ and to create the position of a Government
commissioner for ethnic and national policy. This official, who has not been appointed
yet, will reportedly be responsible for the implementation of the ethnic and national
policy developed by the Government.
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