A/HRC/45/CRP.9 enforcement officers were disregarded, contributing to a climate of impunity allowing such violations to continue. 83. The right to an effective remedy is enshrined in article 2 of the ICCPR, and with regards to torture, in articles 12 and 13 of the Convention against Torture, as well as the Ukrainian Constitution, Civil Code and Criminal Code.106 It is guaranteed by the requirement to investigate allegations of human rights violations promptly, thoroughly and effectively by independent and impartial bodies. 84. OHCHR is not aware of any case where the detainees’ allegations and complaints of torture were effectively investigated. In some anecdotal cases, investigators closed the investigation without even interviewing the victim. In some of these cases, the prosecution did not formally recognize the complainants as victims, enabling the prosecution to close the cases without informing them.107 Being unaware of the status of investigations, complainants were unable to challenge the closure of the investigations. In several cases, courts repeatedly ordered the reopening of investigations into torture complaints, but the police or the military prosecutors closed the reopened investigations.108 85. Impunity of law enforcement agencies has been a concern since before the outbreak of the armed conflict in eastern Ukraine,109 due in part to the lack of an effective and independent investigating authority. In this regard, OHCHR notes the establishment of the State Bureau of Investigation (SBI) on 27 November 2018, and the Specialized Department of the Prosecutor General’s Office for prevention of torture and other human rights violations by law enforcement officers to deal with such human rights violations on 17 October 2019. F. Right not to be compelled to testify against oneself or admit guilt 86. OHCHR is concerned by widespread allegations received throughout the reporting period of violations of the prohibition of forced confessions by Ukrainian law enforcement and security forces in conflict-related criminal proceedings. In some cases, defendants informed OHCHR they confessed as a result of torture, ill-treatment or other coercion. In other cases, defendants stated they felt they had to agree to plea bargains as they lost trust in the fairness of the proceedings due to the failure of procedural safeguards to address their human rights violations. 87. Article 14.3(g) of the ICCPR guarantees that a person shall not be compelled to testify against themselves or to confess guilt through “any direct or indirect physical or undue psychological pressure from the investigating authorities on the accused, with a view to obtaining a confession of guilt”.110 According to international humanitarian law, no one shall be compelled to testify against himself or to confess guilt. Ukrainian legislation safeguards this right by imposing criminal responsibility for compelling a person to testify111 and requiring courts to base their conclusions on statements the defendants made in front of them. Thus, the law allows defendants to withdraw testimonies made during the pre-trial stage with no negative inference allowed to be drawn.112 The CPC also obliges courts to verify the voluntariness of plea bargains and to call any evidence necessary to do so. 113 88. Despite these safeguards, violations of the right not to be compelled to testify against oneself or admit guilt persisted. OHCHR documented 55 cases of individuals who complained that they were forced to confess to being affiliated or linked with the armed groups on camera. In several cases, such videos were published on the official websites of 106 107 108 109 110 111 112 113 Constitution of Ukraine, article 28, Civil Code, article 289, Criminal Code, article 127. The right to obtain information about the course of investigations into a person’s complaint is linked to their procedural status as victims, which is granted upon the decision of the investigator. OHCHR interviews, 26 April 2016, 27 September 2017, 5 March 2018. This systemic concern predates the armed conflict in eastern Ukraine. See HRC, Concluding Observations on the seventh periodic report of Ukraine, para. 15, CCPR/C/UKR/CO/7. HRC, General Comment No. 32, para. 41. Criminal Code, article 373. CPC, articles 23 and 95. Ibid, article 474.6. 19