Intervention by the Permanent Representative of Ukraine Yurii Klymenko at the Clustered interactive dialogue with the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Mr. President,

   Ukraine thanks for the presentation. Mr. Nils Melzer, the Special Rapporteur on torture, and members of his delegation visited Ukraine in May-June 2018.

After studying the Report prepared by the Special Rapporteur’s Office following his mission to Ukraine, we would like to make a few remarks.

The constructive findings and observations of the Special Rapporteur will contribute, undoubtedly, to the efficient reform of the law enforcement and prison systems in our country, as well as will help address all shortcomings in this sphere, particularly those revealed during his mission.

The Government of Ukraine reaffirms its commitments to adhere to its international human rights obligations and facilitate further the full implementation of the special procedures’ mandates. 

I would like to inform you that following the delay on granting access for delegation to the psychoneurological facility for women in Kyiv, disciplinary sanctions were imposed on the officials directly responsible for the delay.  

Mr. Melzer,

We noted that the Report does not take into account the provisions of the United Nations Generally Assembly Resolution 73/263 "Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine” of December 22, 2018, which calls upon all international organizations and UN specialized agencies, when referring to Crimea in their official documents, communications and publications, to refer to it as “the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation”. Nor does it take into account the relevant provisions of the Ukrainian legislation on the occupied areas of the Donetsk and Luhansk regions.

The observations made during the course of visits to the places of detention in the temporarily occupied areas of the Donbas region have once again demonstrated that the serious deterioration of the situation with human rights in Donbas was caused solely by the armed aggression of the Russian Federation against Ukraine. The Russian occupation administrations continue using the unlawful interrogation practices, torture and the methods of psychological pressure towards the citizens of Ukraine, in violation of international law. 

Bearing in mind said above, the Government of Ukraine has been deeply astonished that the Special Rapporteur thanked, I quote, "the armed groups and their de facto authorities in Donetsk and Luhansk for their cooperation" [end of quote]. Such an approach may be interpreted as an indirect recognition of the Russian occupation authorities in temporarily occupied regions of Donbas and, therefore, is unacceptable. We resolutely protest and condemn it. We will not allow Special Rapporteurs or any UN officials to trample upon Ukraine’s sovereignty. Please, take note. 

Mr. President,

Ukraine welcomes the recommendations made by the Special Rapporteur and would like to inform that many of them are currently in the process of implementation, or even have been implemented already. In particular:

1) the draft law of Ukraine on Amending Certain Legislative Acts to Ensure Harmonization of Criminal Legislation with International Law is under consideration by the Parliament; the most crucial is that the draft amends Article 127 of the Criminal Code ("Torture")in order to bring the definition of the crime of torture in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

2) Ministry of Justice has already adopted a legislative framework to establish the Unified Register of Sentenced and Remand Prisoners in order to facilitate the recording of prisoners; 

3) The State Bureau of Investigations has already initiated dozens of criminal proceedings, including on torture and ill-treatment, with the first indictments being sent to the court;

4) The Ministry of Justice, in cooperation with the national and international partners, has launched an unprecedented number of trainings for the medical prison staff in order to raise awareness of the provisions of the Istanbul Protocol on documenting torture.

The Government of Ukraine remains committed to further constructive cooperation with the Special Rapporteur on torture and to take measures to implement, as appropriate, the relevant recommendations.

I thank you. 

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