CAT/C/UKR/CO/6
(f)
Additional Protocol III to the Geneva Conventions, in 2010;
(g)
Council of Europe Convention on Action against Trafficking in Human
Beings, in 2010.
5.
The Committee welcomes the efforts of the State party to revise its legislation in
areas of relevance to the Convention, including the adoption of:
(a)
The Free Legal Assistance Act, on 2 June 2011;
(b)
The new Code of Criminal Procedure with increased safeguards against
arbitrary detention, torture, ill-treatment and unfair trial, on 13 April 2012;
(c)
Act No. 1707-VI amending the Criminal Code, which provides for harsher
penalties under article 161 (violation of the equality of citizens on grounds of race, national
origin or religious belief), on 5 November 2009;
(d)
The Law on Countering Human Trafficking No. 3739-VI, on 20 September
2011;
(e)
The new Code of Criminal Procedure, in April 2012, which entered into force
on 19 November 2012;
(f)
Entry into force of the Act on State Guarantees of the Enforcement of
Judicial Decisions, on 1 January 2013;
(g)
The Law on Ensuring the Rights and Freedoms of Internally Displaced
Persons, on 20 October 2014.
6.
The Committee also welcomes the efforts of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(a)
Approval by Presidential Decree No. 311 of the policy framework for
criminal justice reform in Ukraine, on 8 April 2008;
(b)
Decision by presidential decree on a national strategy in the field of human
rights, on 15 October 2014.
C.
Principal subjects of concern and recommendations
Definition of torture
7.
Recalling its previous concluding observations (CAT/C/UKR/CO/5, para. 8), the
Committee is concerned that not all the elements of the crime of torture, as defined in
article 1 of the Convention, have been incorporated into the Criminal Code, notably the
prosecution under article 127 of the Criminal Code of acts of torture inflicted by, or at the
instigation of, or with the consent or acquiescence of, a public official or other person
acting in an official capacity and the element of discrimination, which may create loopholes
for impunity, as outlined in the Committee’s general comment No. 2 (2007) on the
implementation of article 2 by States parties (art. 1).
The State party should amend its legislation to include a definition of torture in the
Criminal Code that is in conformity with the Convention and covers all the elements
contained in article 1, including the inflicting of torture by, or at the instigation of, or
with the consent or acquiescence of, a public official or other person acting in an
official capacity, who can be prosecuted under article 127 of the Criminal Code, as
well as the element of discrimination.
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