ПРОБЛЕМНІ ПИТАННЯ РОЗСЛІДУВАННЯ ПРАВООХОРОННИМИ ОРГАНАМИ УКРАЇНИ ФАКТІВ ЖОРСТОКОГО ПОВОДЖЕННЯ ТА ДОТРИМАННЯ НИМИ КОНВЕНЦІЙНИХ ВИМОГ

Abstract

The article analyses problematic issues relating to the investigation by the law enforcement agencies of cruel treatment and their compliance with the Convention requirements of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment in Ukraine, taking into account the decision of the European Court of Human Rights in cases against Ukraine. The European Court of Human Rights once again noted that Article 3 of the Convention embodies one of the fundamental values of a democratic society. It prohibits in absolute form torture or inhuman or degrading treatment or punishment. As Ukraine is a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, this creates obligations for the State to take measures to ensure that persons within its jurisdiction are not subjected to torture, inhuman or degrading treatment. One of the main positive obligations of States under article 3 of the Convention is the obligation to respond adequately to acts of ill-treatment of persons within their jurisdiction. The Strasbourg Court in its case law defined three main criteria for the effectiveness of an investigation: 1) independence and impartiality; 2) urgency and speed; 3) failure to involve the victim in the investigation process (lack of transparency). A vivid example of violation of the criterion of independence / impartiality of the investigation can be the established practice in Ukraine of conducting inspections of complaints about ill-treatment in the main criminal proceedings against a person, complaining about such behavior. Regarding the second criterion – the European Court of Human Rights stresses that despite situations where there may be obstacles and difficulties in the investigation, it is crucial that the authorities initiate an investigation without delay. The criterion of transparency requires that victims' complainants or their representatives should be involved in the investigation process to the extent necessary to safeguard their legitimate interests. Thus, if these criteria are met, Ukraine's law enforcement agencies will indeed ensure that the guarantees enshrined in both the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of Ukraine are implemented.