HELPING VICTIMS OF TORTURE

Cases that are of special interest to the Center



, concern the following problems:




the use of torture in the police and in other closed institutions;

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unjustified violence by law enforcement officers during detention;




suspicious death while in custody or in closed institutions;

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inhumane, degrading treatment in closed institutions,




poor conditions of detention in closed institutions, including inadequate medical care or lack of medical care;




unjustified disciplinary punishments in closed institutions;




ineffective investigation of allegations of torture and other ill-treatment;




extradition and deportation to countries where there is a threat to life, the risk of torture and ill-treatment;




illegal detention during a criminal investigation;

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illegal administrative detention;

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unjustified placement in psychiatric institutions;

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arbitrary appointment of administrative arrest as punishment;

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unreasonably long delivery to the judge when detained on suspicion of committing a crime;




procedural violation

guarantees when considering the issue

about deprivation of liberty;




lack of damages for illegal deprivation of liberty;




violation of law

on the inviolability of housing, private life;




interference with secret communications;




deprivation of the right to protection at various stages of production;

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inadequate opportunities for protection;

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gross violations of the procedure when considering a criminal charge in court, especially:

– the use by the court of testimony obtained under torture to justify guilt, the denial of the right to call witnesses,

– lack of access to independent expertise,

– obstacles to access to documents,

– illegal modification

territorial jurisdiction of the court;

– obstruction of access to a lawyer and refusal of a free lawyer for vulnerable groups, etc.

The activity of the Center for Legal Assistance to Victims of Cruel Treatment is a continuation of the work of the Fund for Professional Assistance to Victims of Torture and Cruel Treatment, created as part of the Campaign Against Torture and Cruel Treatment in Ukraine (2003-2006) with the financial support of the European Commission (Brussels), the Open Society Institute (Budapest) and a number of other sponsors. Through the Fund, the work of lawyers, experts and other professionals involved in strategic litigation was financed.

The center provided professional assistance to more than 100 victims or their representatives who complained about torture and ill-treatment. The Foundation’s lawyers assisted victims in various procedures in law enforcement agencies or courts at the national level.

With the support of the Center, more than 70 complaints were prepared to the European Court of Human Rights about violations of Articles 2, 3, 5, 6, 8, 13 and 34 of the European Convention on Human Rights. The decision of the Court in the case “Afanasiev v. Ukraine” found a violation of Articles 3 and 13 of the European Convention. In 2007, the European Court made two decisions on cases supported by the Center: “Kucheruk v. Ukraine” and “Yakovenko v. Ukraine”. There are currently 21 cases,

supported by the Center, is in communication with the government of Ukraine. In eight cases, the European Court applied temporary measures in accordance with Rule 39 of the Rules of Court, including extradition was suspended in these cases. In one of the cases, the European Court conducted an on-site investigation.

To develop the Center’s activities in the regions, the Kharkiv Human Rights Protection Group has started a program of training lawyers in the field of strategic processes using international mechanisms and is developing cooperation with other organizations in the field of legal actions to protect public interests.

Contacts:

Mail: PO Box 10430, Kharkiv, 61002, Ukraine

Phone/fax: +38 (057) 75 75 166

Email:

Website: