ACTION PLAN on Implementation of the National Strategy in the Area of Human Rights for the Period until 2020

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Translated with the support of the Council of Europe

ACTION PLAN

on Implementation of the National Strategy in the Area of Human Rights for the Period until 2020

Expected result (conforming to the expected result of the

National Strategy)

Measures aimed at achieving the expected result Achievement indicator Execution term Responsible for implementation

Ensuring the Right to Life

Ensuring proper guarantees for protection of the right to life as well as legal remedies and mechanisms for effective investigation of violations of the right to life

1. The efficient system aimed at countering criminal actions against human life, their

prevention and punishment, compensation for families of victims has been established.

1) To develop and submit for consideration to the Cabinet of Ministers of Ukraine the draft law on ratification of the European Convention on the Compensation of Victims of Violent Crimes.

The draft law has been submitted for consideration to the Cabinet of Ministers of Ukraine.

IV quarter

2016 Ministry of Foreign Affairs

Ministry of Justice The European Union Advisory Mission in Ukraine

(upon consent)

2) To ensure immediate entry of data on

missing people, abduction or capture of citizens into the Unified Register of Pre-Trial

Methodological

recommendations have been developed.

on a

permanent basis

Ministry of Internal Affairs

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Translated with the support of the Council of Europe National Strategy)

Investigations, arrangement of biological-origin sample selection from relatives of such people and appointment of molecular and genetic expert examinations, taking search measures and solving of criminal offences.

military prosecuting authorities

3) Regular efforts aimed at arrangement of immediate detection and solution of cases of torture as well as crimes associated with cruel and inhuman treatment in the area of anti- terrorist operation with involvement of state authorities and international organisations.

The order has been issued. on a

permanent basis

4) To develop legal framework for introduction of the mechanism for implementation of the European Convention on the Compensation of Victims of Violent Crimes (meaning

establishment of the national fund for compensation of victims of violent crimes which will guarantee compensation of damage to victims of such crimes (including their families)) if compensation cannot be received from persons who committed such crimes, providing that such fund shall be formed at the expense of revenues from punishment in the form of penalty or corrective labour as well as from the state budget;

IV quarter

2016 Ministry of Justice Ministry of Social Policy Ministry of Internal Affairs

State Judicial

Administration (upon consent)

Centre of Policy and Legal Reforms (upon consent)

To include requirement of the European Convention on the Compensation of Victims of Violent Crimes into relevant draft regulatory

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acts.

2. Availability of legal remedies and

mechanisms for effective investigation of

violations of the right to life.

1) To develop a draft law on amending

legislative acts in order to create compensation mechanisms for victims with regard to

compensation of damage for long-term and inefficient investigation of death cases.

I quarter

2017 Ministry of Justice Ministry of Internal Affairs

Ministry of Finance

2) To develop methodological

recommendations for law enforcement officers regarding effective investigation principles according to the ECHR case-law.

Methodological

recommendations have been developed and implemented.

II quarter

2016 Ministry of Internal Affairs

Ministry of Justice interested public authorities 3) To introduce into training and retraining

curriculum of law enforcement officers an obligatory separate discipline on ECHR

standards and practice in cases against Ukraine regarding violation of procedural aspects of Articles 2 and 3 of the European Convention for the Protection of Human Rights and

Fundamental Freedoms.

The given discipline has been included into the training curricula of the law enforcement bodies.

IV quarter 2016

4) To develop, with account of the ECHR case- law, the draft law on amending the Law of Ukraine “On Psychiatric Aid” and Fundamentals of Legislation of Ukraine on Health Care which shall establish the procedure for examination and treatment of people with mental disorders

The draft law has been submitted for consideration to the Cabinet of Ministers of Ukraine and approved by the Venice Commission and/or by the Advisory Mission of

December

2016 Ministry of Health Ministry of Justice

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refusing from life-saving treatment in the

health care institutions. the CoE.

3. Rules of international law for protection of life of civilian population within the temporarily occupied territory of Ukraine are observed.

1) To analyse compliance of criminal laws of Ukraine with international humanitarian law in order to detect gaps and discrepancies (for instance, regarding definition of military crimes).

The analysis has clearly shown legislative gaps at least in terms of definition of military crimes.

I quarter

2016 Ministry of Justice

2) Based on the above analysis, to develop draft amendments to the Criminal Code of Ukraine and other regulatory acts, if necessary, and submit them to the Verkhovna Rada of Ukraine in order to bring them into compliance with international humanitarian law (in particular regarding definition of military crimes).

IV quarter

3) To hold work meeting with representatives of the International Committee of the Red Cross and representatives of the Ministry of Defence of Ukraine, the Security Service of Ukraine, the Prosecutor General's Office of Ukraine in order to develop an action plan on establishing detention facilities for captives and prisoners, identification of unknown corpses, their

exhumation, provision of aid in proper forensic medical examination and identification of the

The order has been issued. on a

permanent basis

Ministry of Health Security Service of Ukraine (upon consent) interested public

authorities

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dead in the territory which is temporarily controlled by illegal armed groups.

4) To systematically exchange information with the Interdepartmental Centre of Aid for

Citizens at the Security Service of Ukraine in matters of released captives, hostages and missing persons.

5) To establish an Interdepartmental Working Group (IWG) on control over compliance with international humanitarian law (IHL) and international law in the sphere of human rights within temporarily occupied territory of

Ukraine and in the ATO area, with involvement of state authorities, law enforcement bodies, representatives of international organisations.

The relevant IWG is established, violations of human rights and IHL within the temporarily occupied territory of Ukraine and the ATO area are regularly recorded and investigated;

reduction of the number of IHL violations by Ukrainian armed forces participating in the ATO.

I quarter

2016 Ministry of Defence Ministry of Justice Ministry of Foreign Affairs

Security Service of Ukraine (upon consent) other interested public authorities

Commissioner for Human Rights of the Verkhovna Rada of Ukraine (upon consent) representatives of international and non- governmental

organizations (upon

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consent) 4. Conditions of

detention and treatment of people in places where they are detained on an involuntary basis upon court decision or decisions of the

administrative authority according to the law comply with

international standards of protection of the right to life.

1) To develop a mechanism and quarterly schedule of provision of the disabled people detained in pre-trial detention, custodial restraint and imprisonment facilities as well as mental health and care facilities, with medical devices and technical rehabilitation facilities according to their needs and under the laws.

The relevant disabled people have been provided with medical devices and technical rehabilitation facilities.

I quarter

2016 State Penitentiary Service

Ministry of Health Ministry of Education and Science

Ministry of Social Policy

5. Preconditions for reduction in life and health risks due to the increased hazard factors have been created.

1) To develop and submit for consideration to the Cabinet of Ministers of Ukraine the draft Law of Ukraine on amending the Code of Civil

Defence of Ukraine, the Laws of Ukraine “On Legal Regime of Martial Law”, “On Legal Regime of the State of Emergency” and “On the Fight Against Terrorism”, and, if necessary, other laws regarding provision of necessary aid to the disabled people with impairments of vision, hearing, locomotor system, mental handicap, psychic disorders and other groups of

population with limited mobility (their families) if emergency conditions arise and/or may arise.

IV quarter

Ministry of Defence Ministry of

Infrastructure of Ukraine

Ministry of Social Policy Ministry of Justice Ministry of Health Ministry of Education and Science

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regional state administrations 2) To develop and submit for consideration to

the Cabinet of Ministers of Ukraine a draft regulatory act on determination of the

procedure for informing (notifying) the disabled people with impairments of vision, hearing, locomotor system, mental handicap, psychic disorders and other groups of population with limited mobility (their families) of emergency conditions or threat of their occurrence and relevant behaviour rules under such

circumstances.

The draft regulatory act has been submitted for

consideration to the Cabinet of Ministers of Ukraine.

If necessary, orders regarding respective

questions have been issued.

I quarter

3) To develop and submit for consideration to the Cabinet of Ministers of Ukraine a draft regulatory act on approving the procedure for taking out children and adults under

guardianship or wardship from the area of the anti-terrorist operation if the guardian's or caregiver's consent thereto may not be obtained.

II quarter

2016 Ministry of Social Policy Ministry of Internal Affairs

Ministry of Justice Ministry of Health Ministry of Education

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and Science 4) To develop and submit for consideration to

the Cabinet of Ministers of Ukraine a draft regulatory act on determining the procedure for evacuation of the disabled people, in

particular with impairments of vision, hearing, locomotor system, mental handicap, psychic disorders and other groups of population with limited mobility (their families), including the ones kept in penitentiary, health care,

educational and social protection facilities, from the area of the emergency situation or possible damage area, providing that they shall be resettled to premises and buildings which are adapted to their needs (with maximum accessibility).

If necessary, orders on

relevant questions have been issued.

I quarter

5) To develop and submit for consideration to the Cabinet of Ministers of Ukraine a draft regulatory act on determining the procedure for organizing and carrying out support of the disabled people with impairments of vision, hearing, locomotor system, mental handicap, psychic disorders and other groups of

population with limited mobility residing in the area of the emergency situation or possible damage area on their own as well as families with many children and families where there are bedridden members.

If necessary, orders on

relevant questions have been issued.

I quarter

2017 Ministry of Social Policy Ministry of Education and Science

Ministry of Health Ministry of Justice Ministry of

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Ministry of Defence 6) To introduce training systems for workers of

the civil protection system as well as

penitentiary, health care, educational and social protection facilities where disabled people with impairments of vision, hearing, locomotor system, mental handicap, psychic disorders and other groups of population with limited mobility stay under the educational programme with regard to providing aid to such categories of people if emergency conditions occur and/or may occur.

Increased awareness of the responsible officers' on disability issues.

II quarter

2016 Ministry of Education and Science

Ministry of Social Policy Ministry of Justice Ministry of Health State Fiscal Service State Emergency Service of Ukraine local state

administrations 7) To introduce reporting on assignment of

disability to people as a result of traumas, diseases, injuries obtained due to emergency conditions by adopting the departmental regulatory act.

State statistical reports and observations have been issued.

IV quarter

2016 State Statistics Service Ministry of Health Ministry of Social Policy

Countermeasures against Torture, Cruel, Inhuman or Degrading Treatment or Punishment Development of the effective system of countermeasures against torture, cruel, inhuman

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or degrading treatment or punishment;

creation of conditions to prevent cases of improper treatment;

adoption of social intolerance to any signs of improper treatment 6. The effective system of

investigation of crimes related to torture, cruel, inhuman or degrading treatment or

punishment, including forced disappearance, has been established.

1) Introduction of awareness raising campaigns in mass media regarding prevention of torture and cruel treatment in the activity of the law enforcement bodies.

Results of sociological

surveys. starting from

II quarter 2016

Ministry of Information Policy

2) To develop the draft Law of Ukraine on establishment of the independent body with exclusive competence in investigation of cruel treatment and other cases of improper

treatment by law enforcement officers, with account of the situation with the legal

framework of operation of the National Bureau of Investigation.

IV quarter

3) To develop a draft law on amending the Criminal Code regarding cancellation of time limits for investigation of crimes containing elements of torture and/or cruel treatment, in accordance with standards of the ECHR and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment

II quarter

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or Punishment.

4) To develop the draft law on amending the Code of Criminal Procedure of Ukraine regarding commencement of the pre-trial investigation and entry of data into the Unified Register of Pre-Trial Investigations on the basis of the decision of ECHR stating violation of procedural aspects of Articles 2 or 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the inefficient investigation of cases of death or torture or inhuman or

degrading treatment or punishment.

II quarter

5) To assess impact and efficiency of the laws on prevention and absolute prohibition of torture and cruel treatment of the disabled people according to the final observations of the UN Committee against Torture

(CAT/C/UKR/CO/6-PARA 18 (e)) and submit proposals on improvement of the relevant situation to the Cabinet of Ministers of Ukraine.

Research has been conducted.

The Cabinet of Ministers of Ukraine has been sent proposals based on the research results.

III quarter

State Fiscal Service State Judicial

other interested public authorities

6) To develop the draft law on amending

Article 127 of the Criminal Code of Ukraine and Article 36 of the Code of Criminal Procedure of

The draft law has been submitted for consideration to the Cabinet of Ministers of

II quarter

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Ukraine according to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment.

Ukraine.

7) To prepare request to the plenum of the Supreme Court of Ukraine on provision of clarification of the legal issues regarding torture and ensuring application of law to people suspected of torturing, and options for their punishment according to Article 127 of the Criminal Code of Ukraine with application of punishment proportionally to the graveness of the crime.

Clarifications have been

provided. I quarter

8) To introduce state statistics mechanism in a manner providing for separate statistical recording of crimes including elements of torture under Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and obligatory regular publication of these statistical data.

Statistical research results

have been published. II quarter

2016 State Statistics Service other interested public authorities

9) To improve the procedure for disciplinary investigation upon citizens' complaints on the normative level so that the protection of rights of the aggrieved to fair and efficient review of the case is guaranteed, in particular full claimant's participation in the disciplinary

The efficient investigation of all cases of torture and cruel treatment has been ensured.

II quarter

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investigation upon its complaint

(familiarisation with investigation materials and their assessment, attendance at

interrogation of the persons involved in the investigation, possibility to provide additional materials at any stage of investigation, etc.);

claimant's ability to engage an attorney-at-law or another specialist in the area of law, human rights defenders or independent experts into the disciplinary investigation; ability to remove an employee of the bodies of internal affairs from

his or her duties for the period of disciplinary investigation (in cases necessary to ensure his or her objectivity); implementation of

measures for protection against pressure imposed on the claimant and other persons involved in the disciplinary investigation by the police.

10) To apply to the High Specialized Court of Ukraine for Civil and Criminal Cases on provision of clarification of the procedure for application of Article 206 of the Code of Criminal Procedure.

Clarification has been

provided. 2016 Ministry of Justice

Commissioner for Human Rights of the Verkhovna Rada of Ukraine (upon consent) 11) To develop and introduce course on issues

of proper application of Article 206 of the Code of Criminal Procedure of Ukraine into curricula

The curricula have been

introduced. III quarter

2016 Ministry of Justice Ministry of Health National School of

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and advanced training courses for judges and

attorneys-at-law. Judges (upon consent)

12) To develop and submit for consideration to the Cabinet of Ministers of Ukraine draft

amendments to the Law of Ukraine “On the State Penal Service of Ukraine” with regard to establishment and introduction of the institute of wistleblowers of improper treatment in facilities of the SPS of Ukraine;

to establish proper and sufficient guarantees for protection of “wistleblowers” against any negative consequences associated with their testimony at the level of legislation;

to inform the staff of the SPS of Ukraine of zero tolerance of improper treatment of people kept in penitentiary and pre-trial detention facilities;

to provide for incentive mechanisms for the staff of the SPS of Ukraine with regard to informing of cases of improper treatment by their colleagues or upon their implied assent;

to take into consideration recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on these issues, in particular those specified in Clause 116 of the Report on the Visit to Ukraine in 2013.

IV quarter

2016 Ministry of Justice State Penitentiary Service

13) To develop and introduce amendments to

the Procedure for Granting Medical Aid to the The order has been issued. III quarter

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Sentenced to Imprisonment approved by the order of the Ministry of Justice and the Ministry of Health dated August 15, 2014

No. 1348/5/572, and other relevant acts in order to ensure that:

medical examinations of convicts, prisoners and the detained are conducted beyond

audibility and (unless a medical worker wishes otherwise in each individual case) beyond visibility of non-medical staff;

requirements for recording bodily injuries identified on bodies of the convicts, prisoners or the detained are implemented in strict compliance with the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment specified in the 23rd General Report for 2012/2013 and Clause 30 of the Report on the Visit to Ukraine in 2012.

State Penitentiary Service

Kharkiv Human Rights Protection Group (upon consent)

14) To develop amendments to the Law of Ukraine “On Pre-Trial Detention” regarding access of representatives of the public and other independent entities to pre-trial

detention facilities as well as granting them the opportunity of photo and video recording of evidence of improper detention conditions or treatment.

III quarter

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15) To develop training programmes on international standards of effective investigation of improper treatment in detention facilities for the National Bureau of Investigation being established;

to conduct training for all investigation officers of the National Bureau of Investigation who will investigate improper treatment according to the programme.

The programmes have been

developed and implemented. in three months after the relevant law is approved

Ministry of Justice Ministry of Education and Science

other interested public authorities

7. Ensuring the efficiency of remedies for each person who suffered from improper treatment.

1) To develop the draft law on bringing the Law of Ukraine “On National Police” in terms of powers into compliance with international standards on application of force, conducting searches, grounds for detention etc.

IV quarter

2) To adopt and implement the regulatory act establishing efficiency assessment criteria for the Ministry of Internal Affairs on the basis of the best international practices.

Public opinion poll on quality of police work have been conducted.

Conclusions of international organisations on observance of human rights in the work of police.

Regular quality assessment of activity of the Ministry of Internal Affairs on the basis of the established criteria in order to identify and eliminate risk factors which might promote torture and improper

IV quarter

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treatment.

3) To introduce the mechanism for the

automated visitor registration system in each administrative building of law enforcement bodies.

Reduction in the number of cases of torture and improper treatment in work of the police.

III quarter

4) To introduce a custody record for the detained (arrested) by amending order of the Ministry of Internal Affairs.

Reduction in the number of cases of torture detected in the course of implementation of the National Preventive Mechanism reflected in reports of national human rights defence organisations, international organisations.

IV quarter 2016

5) To develop and adopt a regulatory act on mechanisms for public control over activity of subdivisions of the Ministry of Internal Affairs by local communities.

Reports of the national human rights organisations on existing barriers in access to detention facilities have been prepared.

Fast access to detention facilities has been provided.

II quarter

6) To amend the order of the Ministry of Justice of Ukraine dated July 03, 2013. No. 1325/5 “On Approving the Regulations on the Territorial (Interregional) Paramilitary Unit of the State Penal Service of Ukraine” with account of recommendations of international and national

The order has been issued. II quarter

Kharkiv Human Rights Protection Group (upon

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institutions, i.e. to exclude non-relevant current functions which have to be performed by

penitentiary facilities themselves, in particular conducting search of living and production areas, personal items of the convicts etc.;

ensuring law and order, observance of the procedure for execution of punishment and service of sentence in penitentiary and pre-trial detention facilities and their adjacent territory (except for cases of mass riots and/or other special cases) established by the law and other regulatory acts.

consent)

7) To develop regulatory acts on amending the Internal Rules of Conduct of Pre-Trial Detention Facilities of the SPS and the Internal Rules of Conduct in Penitentiary Facilities, and the Instruction on Arrangement of Review of Correspondence (Mail) of People Kept in Penitentiary and Pre-Trial Detention Facilities approved with the order of the Ministry of Justice dated

July 2, 2013 No. 1304/5, as well as the Criminal Penal Code of Ukraine regarding establishment of the new system for giving of outgoing

correspondence by convicts and the detained which would include a separate independent entity in charge of collecting correspondence from such persons (Ukrainian State Enterprise of Posts "Ukrposhta").

The relevant orders have been issued.

I quarter 2017 Ministry of Justice State Penitentiary Service

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8) To install in all penitentiary and pre-trial detention facilities mail boxes access to which shall be granted only to the entity in charge of collecting correspondence;

to make mail boxes and correspondence therein inaccessible for administration of the

penitentiary and pre-trial detention facilities.

Special mail boxes have been installed in all penitentiary and pre-trial detention facilities.

I quarter 2017 State Penitentiary Service

9) To develop draft amendments to legislative acts and departmental regulatory acts in order to bring the legal framework on application of force and means of restraint in penitentiary facilities into compliance with international standards. To establish grounds for application of means of restraint (with regard to each of its types separately) in compliance with the European Prison Rules

The order on amending relevant departmental acts has been issued.

June 2017 Ministry of Justice Ministry of Internal Affairs

State Penitentiary Service

Security Service of Ukraine (upon consent) The EU Advisory

Mission (upon consent) (Clause 65) and Reports of the European

Committee for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment on the Visit to Ukraine in 2002 (Clause 102), in 2009 (Clause 85), in 2012 (Clauses 23, 31, 32, 49).

10) To develop and submit for consideration to the Cabinet of Ministers of Ukraine the draft law on amending the Law of Ukraine “On Pre-Trial Detention” and the Criminal Penal Code of

II quarter 2016

Ministry of Justice State Penitentiary Service

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Ukraine establishing guarantees of enabling convicts and the detained to call public

authorities and public institutions free of charge and confidentially.

The European Union Advisory Mission in Ukraine (upon consent) 11) To develop amendments to the Code of

Criminal Procedure, Code of Civil Procedure, Code of Economic Procedure, procedural laws of different areas of justice with regard to grounds and the procedure for direct participation of convicts and the detained in the court hearing, taking into account the decision of the

Constitutional Court of Ukraine upon

application of A. P. Troian dated April 12, 2012 No. 9-рп/2012 and the ECHR case-law.

II quarter

State Judicial

The European Union Advisory Mission in Ukraine (upon consent) 12) To develop draft law on amending the

Criminal Penal Code of Ukraine regarding the mechanism for efficient exercise of the

prisoners' and convicts' right to legal aid according to the Law of Ukraine “On Legal Aid”

which shall enable participation of the defender in review of issues on application of disciplinary penalties, deterioration of detention conditions and application of incentive provisions (Articles 81, 82 of the Criminal Code of Ukraine) as well as in preparation for such review.

II quarter

The European Union Advisory Mission in Ukraine (upon consent)

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To provide the possibility of confidential Internet meetings between convicts or the detained and their defenders.

13) To develop and introduce amendments to the Internal Rules of Conduct of Pre-Trial Detention Facilities of the SPS and the Internal Rules of Conduct of Penitentiary Facilities in order to enable the detained and convicts to file confidential online complaints of improper treatment or detention conditions by means of the Special Information and Communication System of the State Penitentiary Service of Ukraine (SICS) to the National Preventive Mechanism, superior bodies of the State Penitentiary Service of Ukraine, and prosecution bodies;

to exclude third-party interference with the process of filing the complaint and to introduce relevant legislative proposals regarding

budgetary funding of the given measures.

The order has been issued. II quarter

Ministry of Finance Kharkiv Human Rights Protection Group (upon consent)

14) In pursuance of Part 2 of Clause 21 of the Transitional Provisions of the Code of Criminal Procedure of Ukraine, to develop a

departmental regulatory act in order to settle issues of replacing metal barriers separating the accused from judges and citizens with glass barriers in general jurisdiction courts;

Funds from the state budget have been allocated.

The relevant regulatory act has been developed and approved.

Metal barriers have been replaced in the court rooms

IV quarter

Ministry of Finance State Judicial

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to estimate funds necessary to make such replacement and to introduce relevant

proposals regarding budgetary funding of the given measures.

with glass barriers.

15) To develop drafts of the National Programme for Development of the Mental Health Care System in Ukraine for the period until 2025 and the Strategy for Development of the Forensic Psychiatry in Ukraine for the period until 2020, as well as relevant regional model programmes with account of

recommendations of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine with regard to bringing conditions of keeping and treatment of persons in

psychiatric and psychoneurological facilities, including facilities where involuntary

admission is performed, into compliance with current human rights standards.

I quarter

2017 Ministry of Health

8. Compensation of damage and

rehabilitation of victims of crimes related to torture, cruel, inhuman or degrading treatment or punishment is provided in accordance with international

1) To develop and submit for consideration to the Cabinet of Ministers of Ukraine the draft law on establishing the procedure for

compensation of damage to people who have been subject to torture, cruel, inhuman or degrading treatment or punishment;

to define proper compensatory measures for such people, their precise amount and

III quarter

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standards. application procedure.

2) To develop the draft law on establishing preventive complaint institute for people kept in improper conditions in detention facilities and subject to torture, cruel, inhuman or degrading treatment or punishment;

to provide the possibility of urgent

involvement of experts in order to record improper detention or treatment conditions in order to guarantee evidence of such conditions further on;

IV quarter

to develop and provide for content and procedure for effective urgent measures of judicial preventive response with regard to people kept in improper conditions or subject to improper treatment in order to make further detention in such conditions impossible.

3) To develop and submit for consideration to the Cabinet of Ministers of Ukraine the draft law on amending the Law of Ukraine “On the State Penal Service of Ukraine” which shall provide for:

independence of the medical service of the Penitentiary Service of Ukraine at the central and territorial levels, at the level of medical departments of penitentiary and pre-trial detention facilities by elimination of subordination of medical staff to other

IV quarter

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personnel of the State Penal Service of Ukraine, except for the Head of the State Penitentiary Service of Ukraine;

legal and financial independence of the medical service by granting it status of a separate legal entity with a separate budget and powers to manage it.

4) To amend the applicable laws regarding transfer of convicts to medical institutions outside penitentiary and pre-trial detention facilities in order to guarantee free choice of a doctor and medical institution, and

opportunities for convict or the detained to use such rights.

The order on amendments

has been issued. IV quarter

2016 Ministry of Justice Ministry of Health State Penitentiary Service

The European Union Advisory Mission in Ukraine (upon consent) 5) To amend order of the Ministry of Justice

and Ministry of Health dated 15.08.2014 No. 1348/5/572 “On Approving the Procedure for Organizing Provision of Medical Aid to the Sentenced to Imprisonment” in order to permit release in exceptional cases if the convict does not have a disease specified in the List of Diseases Being a Ground for Submission of Materials on Release of the Convict from Subsequent Service of Sentence to Court (appendix 12 to

has been issued. III quarter

The European Union Advisory Mission in

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Ukraine (upon consent) the relevant order), with account of the general

health conditions of the patient, in case it is incompatible with service of sentence according to the ECHR case-law.

6) To develop and submit for consideration to the Cabinet of Ministers of Ukraine draft law on amending the Code of Criminal Procedure in order to guarantee the right of people who have been placed under detention as a pre-trial restriction to be released due to their health conditions according to the procedure established for convicts.

II quarter

7) To develop a separate section on the preventive medicine (hygiene, prevention of infectious diseases, alcohol and drug addiction, suicide prevention etc.) with account of

methodological recommendations of the State Penitentiary Service of Ukraine and

introduction of the relevant amendments to the order of the Ministry of Justice and Ministry of Health No. 1348/5/572

dated 15.08.2014 “On Approving the Procedure for Organizing Provision of Medical Aid to the Sentenced to Imprisonment” in compliance with the standards established by the 3rd General Report of the European Committee for the

has been issued. IV quarter

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Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

8) To resume implementation of the State Target Programme for Reform of the State Penal Service for 2013 – 2017 in terms of

improvement of the confinement conditions in penitentiary and pre-trial detention facilities;

to reschedule implementation of efforts on improvement of confinement conditions which haven't been fulfilled due to termination of the Programme.

The implementation of the State Target Programme for Reformation of the State Penal Service for 2013 – 2017 has been resumed.

I quarter

2016 Cabinet of Ministers of Ukraine

Ministry of Justice The European Union Advisory Mission in Ukraine (upon consent)

9) To develop and approve the strategy and action plan for gradual demilitarisation of the SPS of Ukraine, its immediate subordination to the Ministry of Justice of Ukraine and

introduction of dynamic security methods in pre-trial detention and penitentiary facilities which would guarantee prevention of further decrease in the current level of attraction and prestige of work in the SPS of Ukraine and promote their increase.

The strategy and action plan

have been approved. III quarter 2017

10) To develop and submit for consideration to the Cabinet of Ministers of Ukraine draft

amendments to the Provision on the State Penitentiary Service of Ukraine approved with the resolution of the Cabinet of Ministers of Ukraine dated July 2, 2014, No. 225, and form a separate unit in the structure of the State

The new unit in the structure of the State Penitentiary Service has been formed.

IV quarter 2016

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Penitentiary Service of Ukraine with new personnel selected by means of the open competition which shall be in charge of proper execution of the ECHR judgements and shall guarantee taking efficient efforts of the general nature specified by the Government

Commissioner for the ECHR and other

additional efforts necessary to prevent further violations of provisions of the Convention against torture and other cruel, inhuman or degrading treatment or punishment; shall ensure full implementation of

recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and other international standards in the penitentiary area.

11) To develop and adopt a new subordinate legal act to settle the issue of implementation of the ECHR judgements and recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment at the levels of the State

Penitentiary Service of Ukraine, its territorial bodies and individual institutions which are subordinate thereto.

IV quarter

12) To create a separate section on the official

website of the State Penitentiary Service of Separate section with

exhaustive information II quarter

2016 State Penitentiary Service

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Ukraine where free access shall be granted to all information (documents containing such information) regarding implementation of recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and ECHR judgements, including motions of the

Government Commissioner for the ECHR as well as responses on measures taken by the State Penitentiary Service of Ukraine and its facilities, before the special resource of the Government Commissioner for the ECHR is created.

(documents containing such information) on execution of recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and ECHR judgements has been created on the official website of the State

Penitentiary Service.

13) To develop and adopt the relevant order of the Ministry of Justice of Ukraine, and to install equipment necessary to introduce the

electronic database of all convicts and the detained, and the internal communication system for reporting on regime issues

(disciplinary practice, application of means of restraint and force, searches etc.) in each penitentiary and pre-trial detention facility. To ensure the possibility to trace changes in the information communicated via the electronic system by external and internal control entities.

The order of the Ministry of Justice has been issued.

In each penitentiary and pre- trial detention facility the equipment necessary to introduce the electronic database of all convicts and the detained and the internal communication system has been installed.

I quarter

2017 Ministry of Justice Ministry of Finance State Penitentiary Service

14) To develop and introduce the automated risk assessment system in order to identify

The automated risk

assessment system is I quarter 2017

Ministry of Justice The European Union