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Publication date: 27.05.2024
Amendments to some legislative acts regarding measures aimed at restoring the rights of convicted persons and persons taken into custody due to improper conditions of detention
Introduction
The issue of conditions of detention of convicted persons and persons taken into custody is extremely relevant for the legal system of Ukraine. Adequate detention conditions are the basis for observing human rights in the penitentiary system. However, in practice, there are often cases when the conditions of detention do not meet the established standards, which leads to the violation of the rights of convicted persons and persons taken into custody. This article considers the need to amend the legislative acts of Ukraine in order to restore the rights of such persons.
Problems of improper holding conditions
Non-compliance with standards
Conditions of detention of convicted persons and persons taken into custody often do not meet international standards such as the European Penal Code and the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). This includes overcrowding, inadequate medical care, inadequate sanitation, and lack of access to educational and rehabilitation programs.
Impact on human rights
Inadequate conditions of detention lead to violations of basic human rights, including the right to life, health, personal dignity and protection from cruel, inhuman or degrading treatment or punishment. This, in turn, can affect the rehabilitation and resocialization of convicted persons. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
The need to amend the legislation
Legislative gaps
The current legislation of Ukraine, in particular the Criminal Executive Code and the Law of Ukraine "On Pretrial Detention", do not fully provide an adequate mechanism for protecting the rights of convicted persons and persons taken into custody in cases of improper conditions of detention. The lack of clear mechanisms of control and responsibility for violation of standards of keeping is a significant drawback.
International obligations
As a member of the international community, Ukraine is obliged to ensure compliance with international standards in the field of human rights. Implementation of decisions of the European Court of Human Rights (ECtHR) and recommendations of the Committee against Torture is mandatory for the state.
Suggestions for changes
Establishment of supervisory mechanisms
It is proposed to create an independent monitoring body for the conditions of detention of convicted persons and persons taken into custody, which will have the authority to carry out regular inspections of penitentiary institutions, consider complaints and make recommendations for improving the conditions of detention.
Strengthening of legal protection
It is necessary to make changes to the Criminal Executive Code and the Law of Ukraine "On Pretrial Detention", providing for the possibility of challenging the conditions of detention in court. The introduction of compensation mechanisms for persons whose rights have been violated due to improper conditions of detention is an important step to restore justice.
Increasing the standards of detention conditions
It is important to develop and implement clear standards of detention conditions that will meet international standards. This includes providing adequate health care, sanitation, access to education and rehabilitation programs.
Conclusion
The issue of proper detention conditions for convicted persons and persons taken into custody is critically important for ensuring respect for human rights and decent treatment in conditions of deprivation of liberty. Deficiencies in the detention system, such as overcrowding, inadequate medical care and poor sanitation, violate the basic rights of convicted and detained persons.
Amendments to the legislative acts of Ukraine are a necessary step for solving this problem. It is important to create effective supervisory mechanisms that will ensure constant control over the conditions of detention and ensure the possibility of challenging the conditions in court. Strengthening legal protection and establishing compensation mechanisms for violated rights are important steps in the direction of restoring justice.
In addition, it is necessary to actively work on raising the standards of detention conditions, in accordance with international norms and standards. Only through the joint efforts of the government, society and international partners can it be possible to ensure respect for human rights and decent treatment of convicted persons and persons taken into custody in conditions of deprivation of liberty.
