A/HRC/22/7
measures taken by the law-enforcement authorities to eliminate such risks. Thus, the above
mentioned requirements were expected to resolve the problem of unreasoned and extensive
detention and overcrowding in pretrial detention facilities.
8.
As to the guarantees of a fair trial, the new Code would effectively regulate the
procedure for obtaining evidence in proceedings. Furthermore, the institution of an
investigative judge was introduced to exercise judicial control over pretrial investigations.
9.
The delegation stated that according to the new Code, evidence should be considered
inadmissible, if obtained, inter alia, as a result of torture, cruel, inhuman or degrading
treatment or threats of such treatment, with violation of the person’s right to defence. The
provisions on admissibility of evidence were considered important since in most cases, lawenforcement authorities violated human rights in order to obtain evidence that would
subsequently be used during proceedings.
10.
The delegation stated that the new Code would also resolve the problem of
ineffective investigation into complaints of ill-treatment and deprivation of life. According
to the European Court of Human Rights, the main reason for ineffective investigation is
conflict of interest, since the Prosecutor’s Office serve as investigative, controlling and
prosecuting body. Under the new Code, the Prosecutor’s Office would be the investigative
body only in cases concerning judges, high-ranking officials and law-enforcement officers.
In addition, law-enforcement bodies are obliged to register cases and initiate the
investigation as soon as a complaint is received. The delegation expressed its belief that
those provisions would eliminate conflict of interest and increase the effectiveness of
investigations into complaints of ill-treatment and deprivation of life.
11.
The delegation reported on the judicial reform which was launched by the adoption
of the Law on the Judicial System and Status of Judges. Subsequently, a set of laws was
adopted with the aim of improving the judicial system and administration of justice. Once
the reform is completed, judges would be selected through a transparent and competitive
process that includes a qualification examination. The composition of the High Council of
Justice, empowered to impose disciplinary sanctions and to dismiss judges, was reformed to
guarantee judicial independence. Of the 18 members of the Council, 11 must be judges.
Prosecutors, who are the members of the Council, cannot initiate disciplinary proceedings
against a judge on cases to which the Prosecutor’s Office is a party.
12.
The delegation stated that a Law on Legal Aid was adopted in 2011, which defines
the grounds and procedures for granting legal aid. Until the end of 2012, there would be 27
centres providing free legal aid in the Autonomous Republic of Crimea, the regions, and the
cities of Kyiv and Sevastopol. The Government plans to set up an additional 67 centres
throughout the country over the next two years.
13.
The delegation also reported on the progress made in establishing the national
preventive mechanism under the Optional Protocol to the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) by amending the
Law on the Parliamentary Human Rights Commissioner and creating a legal basis for the
Ombudsman Plus model of the national preventive mechanism. As a result of those
amendments, a special department within the structure of the Ombudsman’s Office was
established and an Ombudsman representative on this issue was designated. Additionally,
an action plan for the effective functioning of the national preventive mechanism was
developed in 2012.
14.
The delegation stated that all the reforms mentioned, that were carried out over the
past years, had the common goal of promoting the rule of law and ensuring that human
rights violations would not remain unpunished.
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