Deputy Minister of Justice: Legislative changes are needed to create proper conditions in places of detention
Kyiv • UNN
Legislative changes are needed to create proper conditions in prisons and ensure compliance with the European Convention on Human Rights.
To ensure that convicts are not kept in inappropriate conditions, changes need to be made at the legislative level, said Deputy Minister of Justice of Ukraine Olena Vysotska during a roundtable discussion of current legislative initiatives, UNN reports.
In particular, two draft laws were discussed: the first one on amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine, which provide for measures to restore the rights of persons convicted or detained under improper conditions (No. 5653 of 11.06.2021), and the second one on amendments to various legislative acts for a similar purpose (No. 5652 of 11.06.2021).
Deputy Minister of Justice Olena Vysotska says that the adoption of these draft laws will bring Ukrainian legislation in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, which is a requirement of the European Court of Human Rights. The draft laws provide for comprehensive measures to restore the rights of convicts in case of inadequate conditions of detention.
"The draft laws are aimed at creating preventive and compensatory mechanisms of legal protection in places of detention. Thus, according to the draft laws, compensation for improper conditions of detention of a convicted person provides for: reducing the period from which parole may be applied; replacement of a court-ordered sentence with a lighter one or removal of a criminal record in accordance with the procedure provided for by the Criminal Code of Ukraine; exemption from reimbursement of the cost of detention for the entire period of the established fact of detention in improper conditions," the Deputy Minister noted.
It is planned to take measures to avoid holding convicts in inadequate conditions, including transferring them to premises with better conditions or to other institutions. The measures also include the elimination of factors that worsen the conditions of detention, such as overcrowding, the need for repairs, disinfection, etc. In addition, the planned changes provide for the creation of legal grounds for the establishment of a commission that will consider complaints about the conditions of detention in pre-trial detention and penitentiary facilities.
"Thus, the introduction of relevant amendments to the legislation will ensure the efficient use of public funds, form an effective response at the national level to statements and complaints of convicts and detainees regarding inadequate conditions of detention and create fair compensation mechanisms, given that inadequate conditions of detention remain in Ukraine," added Olena Vysotska.
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