Strasbourg, 15.11.2013 – The most recent visit to Ukraine by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) took place from 9 to 21 October 2013. One of the objectives of
the visit was to re-examine the situation of persons held by law enforcement
officials, in particular in the light of the provisions of the new Code of
Criminal Procedure which entered into force in November 2012.
Today's publication concerns the preliminary observations presented by the CPT's delegation during the meeting held at the Ministry of Internal Affairs in Kyiv on 21 October 2013. An account of the delegation’s observations published on the same day by that Ministry was incomplete and, in particular, did not reflect the comments made concerning the treatment of detained persons by law enforcement officials. Consequently, and in application of paragraph 5 of Rule 39 of the CPT’s Rules of Procedure, the Committee decided at its November 2013 plenary meeting to make public the full text of the preliminary observations.
 Rule 39 reads as follows :
“1. The report transmitted to a Party following a visit is confidential. However, the Committee shall publish its report, together with any comments of the Party concerned, whenever requested to do so by that Party.
2. If the Party itself makes the report public, but does not do so in its entirety, the Committee may decide to publish the whole report.
3. Similarly, the Committee may decide to publish the whole report if the Party concerned makes a public statement summarising the report or commenting upon its contents.
4. Publication of the report by the Committee under paragraphs 1 to 3 of this Rule shall be subject to the provisions of Rule 42, paragraph 2.
5. The provisions of this Rule shall apply mutatis mutandis to other confidential communications to a Party from the Committee.”
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