POSITIVE OBLIGATIONS OF THE STATE REGARDING ENSURING THE RIGHT OF A PERSON TO RESPECT HIS DIGNITY IN THE FIELD OF CRIMINAL JUSTICE

The article analyzes the concepts, types, legal grounds and content of the state's positive obligations to ensure the human right to respect for his dignity in the field of criminal justice ((1) providing prisoners with conditions compatible with respect for human dignity; (2) providing persons, who are deprived of their liberty or otherwise under the control of the state, adequate medical care and treatment; (3) provision of appropriate conditions of detention for persons with physical disabilities; (4) provision of psychiatric treatment to persons in custody who have mental illnesses; (5) effective investigation of cases of torture or other prohibited treatment (the absence of conclusions based on the results of this or that investigation does not in itself mean that the investigation was ineffective; the authorities must take all reasonably necessary and possible measures to obtain evidence of what happened (the state is required to ensure the thoroughness of the investigation process, the use of good faith attempts to establish what really happened, and not the use of hasty or unfounded conclusions to terminate the investigation and to justify their decisions); it is necessary to ensure the speed of the investigation, taking into account the beginning of the investigation, delays in interrogations, the duration of the preliminary investigation and other factors; the authorities must guarantee the independence of the investigation, which implies not only the absence of a hierarchical or institutional relationship between the bodies whose representatives are accused of ill-treatment and the investigative bodies, but also the actual independence of these bodies in practice). Summarized: judicial practice regarding the procedure for responding to the statements of the suspect, the accused, the defense attorney during the trial on the use of impermissible methods of pre-trial investigation; legal positions of the European Court of Human Rights regarding the application of Article 3 of the Convention on the Protection of Human Rights and Fundamental Freedoms.