MEMORANDUM ABOUT CO-OPERATION BETWEEN THE MEMBERS OF THE HUMAN RIGHTS NGOs’ COALITION “AGAINST TORTURE”
We, the Ukrainian civil human rights organizations, the undersigned,
Realizing that use of torture and ill treatment in law enforcement bodies, prisons, psychiatric institutions, social institutions, places of temporary stay of migrants and other places of detention both legitimate and established illegally, and the impunity of those who commit these crimes remains one of the most serious problems of human rights in Ukraine,
Considering the need for eradicaing torture and overcoming impunity,
Wishing to unite our efforts in the fight against torture and impunity for achieving the best results and synergetic effect,
Aspiring to protect victims of torture and ill-treatment and to assist them,
Declare creation of the Coalition "Against torture" whose activities will be built on the principles outlined below.
1. The goal of the Coalition - combating torture and ill-treatment in Ukraine in all areas where they are used, impunity of those who committed these crimes and providing legal, medical, psychological, rehabilitative and other assistance to victims of these crimes and their families and well as creating conditions for preventing such treatment.
2. Directions of joint activities of the Coalition:
2.1. Studying the causes of torture and ill treatment through conducting legal, social, psychological and other research.
2.2. Work on implementing recommendations and decisions of international bodies in legislation and administration of the law, among other things, by influencing legislation and practice and reforming law enforcement and other agencies.
2.3. Documenting cases of torture, ill treatment, suspicious deaths, enforced disappearances, illegal detention, particularly incommunicado, gender-based violence and other extraordinary human rights violations.
2.4. Providing assistance to victims of torture and ill treatment and their families - legal, medical, psychological and rehabilitative.
2.5. Fight against impunity, bringing to responsibility of those who commit crimes listed in p. 2.4.
2.6. Monitoring cases of torture and ill treatment in law enforcement bodies, prisons, psychiatric institutions, social institutions, places of temporary stay of migrants and other places of detention in Ukraine, both legitimate and established illegally, and other public institutions associated with the use of ill-treatment, including medical facilities.
2.7. Countering infringement of the principle non refoulement.
2.8. Informing about the problem of torture and ill treatment in Ukraine and on the activities of the Coalition.
2.9. Development of specialized network of Ukrainian and international organizations, human rights activists, lawyers and journalists both in Ukraine and abroad, for conducting pressure on the Ukrainian state in order to eliminate torture and ill treatment, overcoming impunity and protecting human rights.
2.10. Strengthening capacity of the Coalition members in the prevention of torture and ill-treatment, combating impunity and implementing international human rights standards.
3. Principles of co-operation between the Coalition members:
3.1. Solidarity. The Coalition members build relationships with each other based on mutual trust, mutual respect and mutual assistance. Acts or omissions of Coalition members should not harm other participants and the Coalition.
3.2. Voluntariness. Participation in the Coalition is voluntary, but leaving the Coalition does not terminate the obligations arising during stay in the Coalition, in particular, concerning the confidentiality of information.
3.3. Equality. The Coalition members are equal in their rights and duties.
3.4. Independence. The Coalition members are independent from the Coalition in their actions not covered by the principles on which the Coalition is built and agreements within the Coalition. Participants shall not interfere in the internal affairs of each other.
3.5. The principle of freedom of activity. The Coalition members are free to choose the directions and methods of work.
3.6. Responsibility. The Coalition members shall comply with their obligations before others participants.
3.7. Legality. The coalition members shall observe the legislation of Ukraine.
3.8. Gratuitousness. Financing of the Coalition and members of the coalition shall not be conducted at the expense of victims of human rights violations. Legal and other assistance to victims is provided free of charge for them without anticipating any payments in the future.
3.9. Confidentiality. Information about victim of human rights violation and witnesses, as well as] information provided by them may be disclosed only with the written consent of such persons. Conflict between the right of access to information on the activities of the Coalition and the right to privacy of victims of human rights violations shall be resolved in favor of privacy.
3.10. Openness, visibility and transparency. Coalition activities should be open and transparent to the public.
3.11. Resolving conflicts within the Coalition. In case of disputes, collisions and conflicts between the Coalition members they are obliged to try resolving these conflicts through dialogue and compromise within the Coalition, so as not to cause damage to its reputation.
3.12. Goodwill, tolerance, respect for position of the minority. The Coalition members seek to rule of a favorable atmosphere in the Coalition and adoption of common decisions by consensus.
4. Final provisions
4.1. This Memorandum shall enter into force after its signing and is valid for three years.
4.2. Any amendments and additions to this Memorandum shall be made only with the written consent of all members of the Coalition and become an integral part of the Memorandum.
4.3. Any disputes concerning the interpretation or application of this Memorandum shall be resolved by the Coalition members through joint consultation and negotiations.