The Committee on Law Enforcement recommends the adoption of the draft law on the application of forced feeding measures to convicts and detainees as a basis

Information Department
Published on 29 December 2020, at 08:56

Members of the Committee on Law Enforcement considered the draft law No. 4324 on amendments to the Criminal Procedure Code regarding the application of forced feeding measures to convicts and detainees

Speaking at the meeting of the Committee, Deputy Minister of Justice Oleksandr Banchuk noted that this bill is a legal obligation of Ukraine to the European Court of Human Rights and was developed on the basis of separate decisions of The ECtHR.

The speaker also justified the need to adopt the bill by the fact that today there are cases when convicts or detainees for various reasons deliberately refuse to eat (go on hunger strike). This type of protest harms the health of these people and is also deadly.

The issue of forced feeding was covered, in particular, in the judgment of the European Court of Human Rights in Nevmerzhitsky v. Ukraine, which generally concerned a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the forced feeding of applicants.

The ECtHR also found that, when applying force-feeding measures, it was necessary to ascertain the existence of a medical need, including medical examination, and appropriate medical records, on the basis of which the use of force-feeding would be considered necessary.

There is no provision in the Code of Criminal Procedure concerning the procedure for forced courts to consider detainees.

In this regard, and taking into account the provisions of Article 2 of the Criminal Procedure Code, which stipulates that the objectives of criminal proceedings are that no person should be subjected to unreasonable procedural coercion, the draft law proposes to amend the Criminal Procedure Code of Ukraine.

Following the discussion, the Committee recommends the adoption of the draft law No. 4324 as a basis.

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