Related Rule
Ukraine
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:
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- torture and inhuman treatment;
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- intentionally causing great suffering, or serious injury to body or health of a person;
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- inhuman treatment accompanied by degrading human dignity.
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2.5.4.5. … No torture or any other form of coercion may be inflicted on prisoners of war.
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 1.8.5 and 2.5.4.5.
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, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.4.10.
Ukraine’s Criminal Code (2001) provides for the punishment of cruel treatment and ill-treatment of prisoners of war or civilians.
Ukraine, Criminal Code, 2001, Articles 434 and 438(1); see also Article 442 (causing grave injuries as part of a genocide campaign).
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:
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- 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.
Ukraine, Sixth periodic report to the Human Rights Committee, 11 April 2006, UN Doc. CCPR/C/UKR/6, submitted 3 November 1999, §§ 72–73.
