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There are regulations in Ukraine governing the registration of bodily injuries by medical personnel and facilities of the State Penitentiary Service of Ukraine, and prescribing the procedure for notification of appropriate agencies for investigation of possible effects of cruel treatment of detainees and convicts. However, in the course of monitoring visits, the NPM personnel has found multiple occasions of:  failure to record bodily injuries in the respective documents;  medical examination and description of bodily injuries by a medical professional for form’s sake only;  failure to provide detainees and convicts with certificates regarding bodily injuries found during medical examination as required by the current law. 2.6 On recommendation 97.100 56. (...) In pursuance of its NPM function, the Ukrainian Ombudsman monitors the observance of the rights of persons held at mental/psychiatric and neurological hospitals. 65.

CAT/OP/SP/8/Add.2 GE.10-45597 3 Lowell Patria Goddard (New Zealand) Date and place of birth: 25 November, 1948, Auckland, New Zealand Working language: English Current position/function The Honourable Justice Goddard is the Chairperson of the New Zealand Independent Police Conduct Authority (“IPCA”). (...) It investigates incidents in which a member of the Police causes or appears to have caused death or serious bodily harm and is a National Preventive Mechanism (“NPM”) designated to monitor Police detention under the Optional Protocol to the Convention against Torture (“OPCAT”). (...) Liste des publications les plus récentes du candidat dans ce domaine Missions et constats du Contrôleur général des lieux de privation de liberté dans les hôpitaux hébergeant des patients hospitalisés sous contrainte, Pluriels, n°84, Sept. 2010 CAT/OP/SP/8/Add.2 6 GE.10-45597 Des progrès pour la santé en prison, Projet, n°269, 2002, p.110-117 Précarité et prison, dans Précarité et santé, Flammarion Ed. 1998, p.189-202 CAT/OP/SP/8/Add.2 GE.10-45597 7 Obiora Chinedu Okafor (Nigeria) Date and place of birth: 29 June 1968; Nkwerre, Nigeria Working languages: English (and a little French) Current position/function Professor of International Law, Osgoode Hall Law School, York University, 4700, Keele Street, Toronto, Canada Main professional activities The candidate is an established academic expert in the international human rights area, and in particular in the area of prohibition against torture.

In the pursuit of sustainability of the protection of human rights of persons deprived of their liberty and prevention of reoccurrence of human rights violations, the National Preventive Mechanism1 responsible for contributing to the prevention of torture 1 Since 2009, Public Defender of Georgia exercises the functions of the National Preventive Mechanism, envisaged by the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (...) However, while exercising its functions, National Preventive Mechanism faces several obstacles that Public Defender of Georgia would like to highlight. (...) The use of camera is seen very important for the purposes of documenting bodily injuries as envisaged by the Istanbul Protocol, Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

C.6/319 46 47 57 61 69 Permanent invitation to the Director-General of the Organization of American States to assist at the sessions of the General Assem- bly: item proposed by Argentina Invitation permanente à adresser au Direc- teur général de l'Organisation des Etats américains le priant d'assister aux sessions de l'Assemblée générale: point proposé par l'Argentine Permanent missions to the United Nations: item proposed by Bolivia Missions permanentes auprès des Nations Unies: point proposé par la Bolivie Transfer to the United Nations of functions and powers exercised by the League of Nations under the International Conven- tion relating to Economie Statistics signed at Geneva on 14 December 1928: item pro- posed by the Economie and Social Council Transfert à l'Organisation des Nations Unies des fonctions et pouvoirs exercés par la Société des Nations en vertu de la Con- vention internationale concernant les sta- tistiques économiques, signée à Genève le 14 décembre 1928~ point proposé par le Conseil économique et social Transfer to the United Nations of the func- tians exercised by the French Government under the Agreement of 18 May 1904 and the Convention of 4 May 1910 for the sup- pression of the white slave traffic and under the Agreement of 4 May 1910 for the suppression of obscene publications: item proposed by the Economie and Social Council Transfert à l'Organisation des Nations Unies des fonctions exercées par le Gouvernement français en vertu de l'Arrangement dû 18 mai 1904 et de la Convention du 4 mai 1910 pour la répression de la traite des blanches. ainsi que de l'Arrangement du 4 mai 1910 relatif à la répression de la circulation des publications obscènes: point proposé par le Conseil économique et social Reparation for injuries incurred in the ser- vice of the United Nations: item proposed by the Secretary-General Réparation pour dommages corporels subis au serviee des Nations Unies: point pro- posé par le Secrétaire général A/C.6f226 A/C.6/298. (...) Reference is made to document A/6301 which sets forth the actions of the Statistical Commission and of the Economie and Social Council in reference to the transfer to the United Nations of the functions and powers exercised by the League of Nations under the International Convention relating to Economie Statistics. (...) DRAFT PROTOCOL AMENDING THE INTERNATIONAL CONVENTION RELATING TO ECONOMIC STATISTICS, SIGNED AT GENEVA ON 14 DECEMBER 1928 The Parties to the present Protocol, consider- ing that, under the International Convention on Economie Statistics, signed at Geneva on 14 De- cember 1928, the League of Nations was invested with certain duties and functions for whose con- tinued performance it is necessary to make pro- vision in consequence of the dissolution of the League of Nations, and considering that it is expedient that these duties and functions should be performed henceforth by the United Nations, hereby agree as follows: Article 1 The Parties to the present Protocol undertake that as between themselves they will, in accor- dance with the provisions of the present Protocol, attribute full legal force and effect to, and duly apply, the amendments to those instruments as they are set forth in the Annex to the present Protocol.

GE.07-40956 (F) 010507 030507 NATIONS UNIES CAT Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants Distr. GÉNÉRALE CAT/C/JPN/1* 21

GE.07-44903 (F) 211107 221107 NATIONS UNIES CAT Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants Distr. GÉNÉRALE

GE.00-42123 NATIONS UNIES CAT Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants Distr. GÉNERALE CAT/C/25/Add.11 15 mai 2000 FRANÇAIS ORIGINAL :

By decision of a head of the detention facility or investigator, or by request of a suspect or accused person or his/her counsel, medical certification may be performed by staff of health-care institutions to document bodily injuries (article 23 of the Law on Procedure and Conditions of the Detention of Persons Suspected or Accused of a Crime in Custody). (...) The Special Rapporteur observes that, despite the fact that prosecutors have regained investigating functions over the crimes of torture and other ill-treatment, they lack real investigatory powers, depend on the police to conduct searches and seizures, and do not have their own operative groups or their own criminologists. 31. (...) Of 151 deaths in 2007, five were caused by bodily injuries; in 2010, there were only two deaths of pretrial detainees caused by bodily injuries out of 90; and in the first 11 months of 2011, of 81 deaths, five were caused by bodily injuries: one in the pretrial period, and four post-conviction.

The Procedure lists the activities that private security companies are not allowed to perform (art. 6: Illicit activities), the composition and functions of the High Coordination Board (arts. 8–10), responsible for issuing licences and monitoring compliance of PMSCs, the conditions for applying for an operational licence (arts. 11–17) and conditions of employment (art. 18). (...) Other members should include the heads of the Departments of Counter-Terrorism and Criminal Investigations, and representatives of NDS, the Ministry of Finance, the National 29 The regulation adopted by the Government defines security companies as “a profit making, non- political and non-governmental company that functions according to the provisions of this procedure to establish security of natural and real persons”. 30 The Nation, Aram Roston, “How the US funds the Taliban”, 11 November 2009, www.thenation.com /doc/20091130/roston. (...) A representative of UNAMA (or an independent international expert) with an advisory function could be included for the purpose of increasing transparency.

Article 100.1 of the Criminal Code (CC), revised in 2002, defines the offence of torture as “systematic battery or other actions having the nature of torture” which do not result in either severe or less severe bodily injuries (i.e. articles 96 and 98, respectively). (...) Various other provisions of the Criminal Code criminalize acts which may fall within the scope of the Convention, and which carry the following penalties: intentional infliction of a severe bodily injury carried out by humiliating or torturing the victim (art. 96.2.8), seven to 10 years' imprisonment; less severe bodily injury by torturing the victim (art. 98.2), three to five years' imprisonment; forcing of testimony by an interrogator or investigator by threat, violence, torture, humiliation, deception or other illegal methods (art. 251.1), up to five years' imprisonment, or five to 10 years in circumstances where there is severe or less severe bodily injury; negligent homicide (art. 94), up to four years' imprisonment; bringing to suicide through brutal treatment or systematic humiliation (art. 95), two to five years' imprisonment; infliction of severe bodily injury by negligence (art. 97), up to two years' imprisonment; intentional infliction of a minor bodily injury (art. 99), three to six months' imprisonment; failure to provide assistance to a patient (art. 106), three to six months' imprisonment; failure to provide assistance to a person who is in a condition endangering his/her life or health (art. 107), three to five years' imprisonment; exceeding of authority by a State official with the use of violence or threat such that it has caused extensive harm (art. 264.2), up to 5 year’s imprisonment; and neglect of duty by a State official causing grave harm (art. 272), three years' imprisonment. 18. (...) However, as he has stated on previous occasions, the number of allegations received is not necessarily indicative of the prevailing situation with regard to torture in a country; on the contrary, it may be a function of the level of awareness of individuals, lawyers and civil society of what constitutes torture and ill-treatment, as well as the international mechanisms available to respond to allegations.