The Parliament plans to bring provisions of the Criminal Code of Ukraine in compliance with the UN Convention against torture.

The Parliament plans to bring provisions of the Criminal Code of Ukraine in compliance with the UN Convention against torture.

The appropriate Draft Law №5336 passed in general on 03.11.2022.

The UN Convention “Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” was ratified with some precautions (the Resolution by the Presidia of the Verkhovna Rada No.3484-XI) on 26.01.87.

Draft Law No.5336 proposes alterations to article 127 of the CCU to improve and extend the definition to the notion of torture.

According to the proposed definition, the torture is any intentional act performed to cause severe physical pain or mental suffering to coerce the tortured one or any other person to act against the will, disclosing any information or making any confessions included; or to punish the tortured one or any other person for anything this or any other person has done or is suspected to; or for intimidation or discrimination of the tortured one or other persons”.

A deed described above, performed by a state’s representative, a foreign state included, will be punished by imprisonment for the period from seven to twenty years with the deprivation of a right to hold specific public titles or run certain kinds of activities for up to three years.

Who are state/foreign state representatives?

• According to the proposed version of articles 127 and 146-1 of the CCU, a state representative is a public officer, a person, or a group of persons whose deeds incited by such a state took place with its full knowledge or silent consent.
• The offered version of articles 127 and 146-1 of the CCU defines a foreign state’s representative as a person being another state’s official or serving in armed forces, police authorities, state security bodies, intelligence forces etc. … as well as groups of mercenaries, formed, subordinated, governed, and financed by the RF …

Important! The Draft Law establishes that no exemption from criminal liability shall be applied to torture crimes, even if the offence’s prescription time or the execution period of the conviction expires.