The Committee on Legislative Support of Law Enforcement recommends that the Verkhovna Rada should adopt as a basis the draft law on amendments to the Criminal Code (re strengthening criminal liability for torturing, knowingly illegal detention, pretext, arrest or compulsion of evidence)

Information Department of the Verkhovna Rada of Ukraine Secretariat
07 March 2014, 14:07

 
In the course of the Committee’s meeting, adoption of the bill (Reg. No. 2266) was predetermined by the necessity to bring national legislation in line with the provisions of international acts, particularly, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1948.

The people’s deputies deem it necessary to increase criminal liability for illegal actions that threaten health or life of a person or his/her personal immunity and are accompanied by torture and other inhuman or degrading treatment or punishment on the part of law enforcement bodies.  

The bill suggests the following version of part 1 of article 127 of the Criminal Code: “torture, i.e. intentional infliction of severe physical pain, or physical or moral suffering by beating, torturing or committing any other actions with an aim to force the person affected or another person to commit acts against their will, or obtain from him/her or other person information or confession in view of punishing the abovementioned person for actions committed or for being suspected for committing a crime and with an aim to intimidate or discriminate him/her or other persons -

shall be penalized with three to seven years of imprisonment.

2. The same actions committed repeatedly or in collusion with the group of persons on political, racial, national or religious grounds, -

shall be penalized with seven to twelve years of imprisonment.”

The bill suggests also supplement article 127 of the Criminal Code and reconsider sanctions of articles 171, 371 and 373 of the Criminal Code regarding strengthening criminal punishment in view of establishing adequate sanctions for torturing, knowingly illegal detention, pretext, arrest or compulsion of evidence