A/HRC/8/45
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led to significantly reducing the number of inmates. In August 2006, the Government also adopted
the State Programme for improving detention conditions, which will last until 2010. With regard to
tuberculosis and HIV/AIDS, the improvement guaranteed by modern technologies has allowed the
preparation of increasingly effective programmes. In addition, to be noted were the future
implementation of two further programmes on AIDS and the results of an international conference,
to be organized together with WHO, on this issue. The general conditions of detention have
improved as well: visits of jails and correctional institutions by national and international
organizations, in addition to religious and mass media groups, are nowadays a regular feature. The
abolition of disciplinary punishment and the upgrading of equipment and resources available to the
detainees have also contributed to the improvement of quality life while in detention.
7.
The Deputy Minister stated that the Government had been endeavouring to bring national
legislation in line with international standards through, inter alia, comprehensive studies which also
include a gender perspective. Several conclusions drawn from these studies brought changes to the
Criminal Code and the Criminal Procedure Code with a view to humanizing the judicial system. As
an example, it was noted that imprisonment was the main form of punishment and that certain
offenders like minors, elderly persons and women could have more lenient sentences for less
serious offences. The concept of torture was redefined and it is now believed to be in line with
article 1 of the Convention against Torture.
8.
In its effort to reform the criminal justice system, the Government drafted a bill aimed to
compensate persons who went through long pre-trial detention periods and undue lengthy court
proceedings. A recent Presidential decree also created an ad hoc code for minor offences, not yet
adopted, which will require short periods of detention, replacement of detention by fines and other
administrative measures and temporary deprivation of certain rights. Another priority was the
reform of pre-trail investigation and detention. Finally, the global reform of the judicial system will
also include the solution of certain cases through a mediation procedure, and the creation of a
network of social institutions working for the rehabilitation and the reintegration of former
detainees.
9.
Protection of minorities’ rights and the fight against racism were constant concerns of the
Government, which spared no efforts to thwart related phenomena such as xenophobia, the
incitement of racial hatred and intolerance, crimes punishable with sentences up to five years. The
Deputy Minister wished to underline that, by and large, occurrences of racism were neither
systemic nor widespread within the Ukrainian society, which condemned these acts.
10.
The resettlement of previously deported peoples, such as the Bulgarians, Armenians, Greek,
Germans and Crimean Tatars has been one of the priorities of Ukrainian Governments since 1991,
when a specific budget line was created for the return and successful reintegration of those peoples
within the Ukrainian society. Education and teaching in mother tongue was used as a means of
reintegration and adaptation to the Ukrainian society; approximately 15 schools in Crimea teach in
Crimean Tatar language.
11.
In a democratic society, the Deputy Minister said, fully fledged cooperation between State
and non-State actors is essential to the progress of democracy. With the aim to redeem the
shortcomings of the previous legislation on freedom to association, the Government enacted a new
bill on social organization, based on relevant international provisions and article 36 of the
Constitution. The bill removed all territorial restrictions to NGOs activities and provided them with
a new legal definition. NGOs, which could also have commercial activities on a non-profit basis,
must notify their existence to the Ministry of Justice, which will maintain a NGOs registry
available, inter alia, on its website.
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