Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Ukraine’s IHL Manual (2004) states:
1.8.5. Serious violations of international humanitarian law directed against people include:
- torture and inhuman treatment;
- intentionally causing great suffering, or serious injury to body or health of a person;
- inhuman treatment accompanied by degrading human dignity.
188.8.131.52. … No torture or any other form of coercion may be inflicted on prisoners of war.
The manual further states that, in non-international armed conflicts, “torture” and “cruel treatment”, or threats of such actions, against the following persons are prohibited:
- persons taking no active part in the hostilities;
- members of armed forces who have laid down their arms;
- those placed hors de combat
by sickness, wounds, detention, or any other cause.
Ukraine’s Criminal Code (2001) provides for the punishment of cruel treatment and ill-treatment of prisoners of war or civilians.
In 1999, in its sixth periodic report to the Human Rights Committee, Ukraine stated:
72. In article 64, paragraph 2, the Constitution lists those rights and freedoms which may not be restricted under martial law or a state of emergency.
73. These rights and freedoms include, among others, the following:
- Everyone has the right to respect of his or her dignity. No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.