WHISTLEBLOWERS AS A TOOL TO COMBAT TORTURE IN THE PENITENTIARY SYSTEM: ANALYSIS OF LEGAL MECHANISMS AND CHALLENGES

The article analyzes the legal mechanisms which regulate the possibility of introducing the institution of whistleblowers in the field of combating torture and other ill-treatment into the national penitentiary system. The author’s defines the institution of “whistleblower” as a natural person with legal capacity who, having proper, reliable information, on the basis of confidentiality, has reported the facts of torture, cruel, inhuman or degrading treatment or punishment, or other criminal offenses against health, committed by another person, if such information became known to him/her in connection with his/her economic, public, scientific, professional or labor activity in the law enforcement sphere, service or training, or his/her direct participation in the procedures provided for by law that are mandatory for the commencement of such activity, service or training. The author’s identifies the current challenges that lead to the introduction of the institution of whistleblowers in the penitentiary system in the field of combating torture and other types of ill-treatment, namely Inadequate conditions of detention of prisoners and convicts held in pre-trial detention centers and penitentiary institutions of the State Criminal Executive Service of Ukraine; failure to provide timely and adequate medical care to prisoners and convicts held in pre-trial detention centers and penal institutions of the State Criminal Executive Service of Ukraine; the existence of facts of “mutual responsibility” or silence regarding torture and other types of ill-treatment in the penitentiary system; insufficient effectiveness of the existing system of counteracting torture and other ill-treatment in the penitentiary system; insufficient effectiveness of investigations and mechanisms for documenting the facts of torture and other ill-treatment in the penitentiary system, avoidance of responsibility by officials and obstruction of fair justice; lack of reliable data on the facts of torture and other ill-treatment in the penitentiary system, the latency of this group of criminal offenses, which leads to silence of this problem in society and failure to take measures for its successful prompt resolution; lack of an effective dual (internal and external) system of regular penitentiary inspections and monitoring; lack of real compensation for victims of torture and other ill-treatment in the penitentiary system. Keywords: whistleblower, counteraction, torture, cruel, inhuman or degrading treatment, punishment, legislation, Ministry of Justice of Ukraine, convict, prisoner, staff, penitentiary system, penal authority, penal institution, State Criminal Executive Service of Ukraine.