30 MPs have submitted an initiative to the Verkhovna Rada to amend the Criminal Code of Ukraine to increase the penalties for torture and other cruel, inhuman or degrading treatment. This reflects the parliamentarians’ concern about the widespread use of torture in law enforcement agencies and other state institutions, where such practices have become established.
The draft law (No. 12319), which was registered in the Verkhovna Rada, proposes to single out crimes related to violence committed by officials, especially in places of forced detention. They want to add a new article to the code - Article 3654 "Torture committed by an official" , which provides for criminal liability for the intentional infliction of severe physical pain or moral suffering on individuals, in particular for the purpose of obtaining information or punishment for actions committed by other individuals.
If these crimes are committed by a group of persons or for discriminatory reasons (for example, on the basis of racial, national or religious intolerance), the punishment may be increased to 15 years in prison.
Additionally, amendments are being made to Article 3655 of the Criminal Code , which will qualify as degrading treatment. It is proposed to punish such treatment with imprisonment for up to 3 years, or from 3 to 5 years if it is committed with the purpose of discrimination or by a group of persons.
It will also provide for liability for inaction of officials that led to torture or humiliation of the dignity of detainees. This will be punishable by imprisonment for 3 to 5 years.
The MPs note that the practices of torture and humiliation, particularly in places of detention, significantly increase social tension, which is already at a critical level in Ukraine. They believe that this also negatively affects support for the government among citizens and reduces the level of trust in state institutions.
