Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Babkina 1 Завантажень: 5, розмiр: 435.8 KB

DOI: https://doi.org/10.33994/kndise.2021.66.93

O. Babkina, V. Zosimenko

As a result of the analysis, we have demonstrated that the implementation of the main provisions of the Istanbul Protocol in Ukraine is at a sufficiently high level, is a national strategy for the protection of human rights, however, the question remains regarding the implementation of certain provisions in the prevention of torture and ill-treatment. The main standards of the regulatory framework of Ukraine comply with the Istanbul Convention. Today in Ukraine, there are still cases of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms on Human Rights, including those concerning the unsatisfactory state of fixing bodily injuries, refusal to provide adequate medical care and inadequate provision of medical care to persons in places of detention. Therefore, an important aspect is to ensure the organization of timely and adequate provision of medical care to persons in places of detention. At the same time, it is necessary to conduct a detailed record of maintaining medical records on the prisoner’s state of health, fixing the existing injuries, the timeliness and correctness of the diagnostic and treatment methods that the prisoner received while in custody, indicating which types of diagnostics and treatment were prescribed for the detainees and which ones he actually received, where/when/by whom were carried out, etc. To establish the fact of presence/absence, mechanism and prescription of occurrence, severity of injuries, proper/inappropriate provision of medical assistance to persons in places of detention, when providing legal assistance, it is necessary to prescribe forensic medical examinations. Timely identification of cases of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms of Human Rights, with subsequent response, plays an important role in the development of a system of measures to prevent, promote and prevent torture and ill-treatment in places of detention.

Key words: prisoners, places of detention, injuries, medical care, human rights, Istanbul Protocol, forensic examination.