Ukraine: Whether Ukrainian authorities will arrest and institutionalize violent, mentally ill people (1998-2002)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 7 January 2003 |
| Citation / Document Symbol | UKR40460.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Ukraine: Whether Ukrainian authorities will arrest and institutionalize violent, mentally ill people (1998-2002), 7 January 2003, UKR40460.E, available at: http://www.refworld.org/docid/3f7d4e3031.html [accessed 27 December 2015] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The availability of information outlining Ukraine's legal provisions for the arrest and institutionalization of mentally ill individuals is scarce among sources consulted by the Research Directorate. According to information provided by the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) report, mental illness is first determined by forensic psychiatric assessment made, for example, by the Kiev City Centre for forensic psychiatric assessment. This institute
has been functioning as an independent legal entity, subordinated to the Kiev City Department for Health Protection. The Centre performs the function of forensic psychiatric assessment of persons referred to it by an investigator, a public prosecutor or a court, with a view to determining their criminal responsibility. Most of the assessments are performed on an out-patient basis. However, in cases of diagnostic difficulty, persons can be admitted for in-patient assessment. Such persons are committed to the Centre for an initial period of 30 days, renewable once for a further 30 days in complicated cases which require a longer assessment (COE 9 Oct. 2002a, 74).
An assessment made by forensic psychiatrists may conclude that an individual is "criminally irresponsible" for his/her act (ibid. 9 Oct. 2002a, 83; ibid. 9 Oct. 2002b, 50) and obligatory or forced hospitalization is required if he or she "commits or demonstrates intention to commit actions, which are dangerous for life of other persons, or may result in vital consequences for their health" (ibid. 9 Oct. 2002d, 53). For this purpose, "secure forensic units" are contained within Psychiatric Hospital No. 2 in Vinnytsia, Psychiatric Hospital No. 1 in Crimea (ibid. 9 Oct. 2002b, 50) or the National High Security Psychiatric Hospital in Dnipropetrovsk (ibid. 9 Oct. 2002a, 73).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Council of Europe (COE). 9 October 2002a. Report to the Ukrainian Government on the Visit to Ukraine Carried Out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 24 February 1998. _____. 9 October 2002b. Report to the Ukrainian Government on the Visit to Ukraine Carried Out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 26 September 2000. _____. 9 October 2002c. "Council of Europe Anti-Torture Committee: Publication of Three Reports on Ukraine." (Press Release) _____. 9 October 2002d. Responses of the Ukrainian Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Ukraine from 8 to 24 February 1998. Although the visits were conducted 8-24 February 1998 and 10-26 September 2000, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment reports, and the Ukrainian responses to the 1998 report, were all published on 9 October 2002 (COE 9 Oct. 2002c).
Additional Sources Consulted
IRB Databases
NEXIS
Internet sites, including:
Brama.com
Country Reports (1998-2001)
Day [Kiev]
Death Penalty News, Amnesty International
Find Law
Foglesong, Todd S. and Peter H. Solomon Jr. Crime, Criminality and Justice in Post-Soviet Ukraine (July 2001)
Geneva Initiative on Psychiatry
International Service for Human Rights
Internet Law Library
Legal Acts of Ukraine (NAU: In Ukrainian)
Mental Disability Advocacy Center
Mental Health News
Pravda Ludyny (Kharkiv Group for Human Rights Protection)
Research Guide to Ukrainian Law
Ukraine. Ministry of Justice
Ukrainian Laws and Legal Matters
Ukrainian News
UNHCR
United Nations Criminal Justice Information Network (UNCJIN)
Victimology in Ukraine
World News Connection
