Interim Narrative Report (2 July 2004 - 1 July 2005)
Activity I. Gathering information and carrying out public investigations of facts of torture and cruel treatment, as well as passing, in particular, through the Internet, this information to people, mass media and organizations involved
Since 2 July 2004 until 1 July 2005, 533 reports have been gathered, including:
- by KhPG – 184 (72 applications/visits to the public reception office; 112 news from the media and other sources);
- by the regional partners under the Project – 349, of which 164 reports, including applications to the Fund for the Professional Support to Victims of Torture and Cruel Treatment, were sent to KhPG.
In fact, in response to all of these reports, members of the human rights organisations have extended advisory aid to the citizens, conducted public investigations within their competence and extended aid by professional lawyers cooperating with their organisations.
The reports sent by the Project partners are collected, generalized, and published in KhPG’s electronic reviews “Proty Katuvan” (Against Torture) (in Ukrainian and English languages). Later the reports are included in an annual review of reports on torture and cruel treatment, as well as in relevant sections of KhPG’s biweekly bulletin “Prava Ludiny” (Human Rights). Those materials are also put on KhPG’s web-site, www.khpg.org (in Ukrainian and English languages).
Activity II. Creation of the mechanism directed to render legal, expert and medical aid, including judicial protection, to victims of torture
The Fund for the Professional Support to Victims of Torture and Cruel Treatment for full or partial reimbursement of legal and expert aid in cases, related to use of torture, which was established in 2003, has actively worked. The Fund’s staff is 2 persons – administrative manager and coordinator.
In January of 2005, a web-page “Practice of Protecting Human Rights” was launched at address: http://khpg.org/index.php?r=35 In the web-page, the Fund presents detailed descriptions of all cases it has been supporting. The texts are supplied with hyperlinks to copies of original documents of the case-files. Any new developments in the cases are posted on the KhPG’s homepage and added to the descriptions. Currently, there are 39 descriptions: 30 entries (2004) and 9 entries (2005).
As of 2 July 2005, the Fund has been financing work of lawyers and experts under 63 agreements (in the first year of the Project there were 29 agreements). Of these agreements, 19 are agreements in response to reports sent by the regional partners, including 6 from Ukrainian Environmental Association “Zeleny Svit” (Kryviy Rig), 4 from Chernigiv Public Committee of Human Rights Protection, 2 from Environmental and Cultural Centre “Bakhmat” (Artemivsk) and Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (Severodonetsk), 1 from the Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms (Lugansk), Sevastopol Group for Human Rights Protection, Zhitomyr Regional Section of the International Society of Human Rights, NGO “Civic Initiatives,” and Legal and Political Research Centre “SIM” (Lviv). The rest are agreements arisen from the on-going cases supported by the Fund earlier, appeals submitted to KhPG’s reception office, and cases submitted by lawyers and supported by the Fund.
Thirty (30) agreements provide for preparation of applications to the European Court of Human Rights (in the first year of the Project there were 13 agreements).
On 5 April 2005, the European Court, having deliberated in private on 8 June 2004 and 15 March 2005, delivered a judgment concerning the application submitted by the Fund’s client Aleksey Afanasiev, in respect of violations of Articles 3 and 13 of the Convention. In the concluding part of its judgment, the Court says, in particular, that it
1. Dismisses the Government’s preliminary objection;
2. Holds that there has been a violation of Article 3 of the Convention;
3. Holds that there has been a violation of Article 13 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, the following amounts:
(i) EUR 6,500 (six thousand five hundred euros) in respect of non-pecuniary damage;
(ii) EUR 610 (six hundred and ten euros) in respect of costs and expenses….
The judgment attracted much media attention. In the following days after the judgment became known to the public in Ukraine, Aleksey Afanasiev’s lawyer and KhPG legal expert Arkadiy Buschenko received a number of calls from members of the national and local media. During April, he gave interviews to correspondents of TV networks: “5 Kanal,” “Inter,” “Studio 1+1,” NTN; newspapers: “Komsomolskaya Pravda v Ukrayine” (Russia/Ukraine), “Sila Naroda,” “Kievskie Vedomosti” (Kyiv); “Objektivno,” “Kharkovskie Okna” (Kharkiv). At request of some of the media, joint interviews with Aleksey Afanasiev and his lawyer were arranged.
As of July 1 2005, four applications supported by the Fund are at communication stage in the European Court of Human Rights: applications by Sergey Yatsenko, Amir Kubulov, Vladimir Kucheruk (all three represented by lawyer Arkadiy Buschenko), and Grigoriy Svetlorusov (initially represented by lawyer Anna Yudkovska, now represented by lawyer Zoya Shevchenko), some of them could be considered as early as by the end of 2005.
None of the applications sent to the European Court in the context of the Fund was considered as unacceptable.
On 5 May 2005, the Khmelnitskiy Regional Appeal Court acquitted and released Ivan Nechiporuk, a client of the Fund, accused in robbery and causing of grave injury with lethal consequences. His lawyers, N. Vagina (supported by the Fund) and M. Malinkovskiy, managed to get not only “not guilty” verdict, but also resumption of investigation on beating of Nechiporuk, while he was in police custody; in addition, the court issued a separate decision criticizing methods of the investigation in question.
Activity III. Development of the network connecting people and organizations interested in problems of torture and cruel treatment
Project Director Yevgeniy Zakharov regularly informed the Board members - Valeria Lutkovska, Ukraine’s Deputy Minister of Justice; Gennadiy Udovenko, Chair of the Ukraine’s Parliamentary Committee on Issues of Human Rights, National Minorities, and International Relations; Nina Karpacheva, Ombudsperson at the Ukraine’s Parliament; and Aleksey Korotaev, the member of the International League of Human Rights (Geneva) - about the progress of the Project.
The members of the Board have provided valuable contribution to the Project. For example, Valeria Lutkovska regularly informed participants of the Project on questions, related to the Project’s subject, raised before the European Court by the applications, which came to the Ministry for communication; sent translations of the European Court’s decisions regarding Ukraine; participated as a speaker in the seminar for judges in Kharkiv.
Gennadiy Udovenko handed over to KhPG written complaints about use of torture received by his Parliament’s Committee and wrote MP’s requests to the Ministry of Interior on the matter.
Nina Karpacheva helped in organising public events of the Project. In particular, she helped to organise an exhibition of human rights literature, published by KhPG and other human rights organisations on the premises of the Ukrainian Parliament in early July 2005. Pictures of this exhibition can be seen at http://rupor.net.ua/index.php?id=1120736071. She also repeatedly shared with participants of the Project information about specific facts of torture.
Aleksey Korotaev maintained international contacts of the Project, in particular, with the UN Committee against Torture, and gave suggestions regarding preparation of the alternative report to this committee.
The problem of torture has been discussed at 4 Board meetings, where also specific steps on execution of the Project have been formulated.
As of 1 July 2005, under the Project, KhPG cooperates with 36 Ukrainian organisations, of which: 7 organisations are special partners, working on independent mini-projects in the framework of the Project, 29 organisations are regional partners and information network members, collecting information about torture and cruel treatment, helping victims, and carrying out other activities described in this Report. Regional partners joined the Project during this period include Civic Bureau „Human Rights Protection” (Sumy), as well as offices of the National Scout Organisation of Ukraine “Plast” in Ivano-Frankivsk, Lutsk, Ternopil, the Chernivtsi Regional Organisation “Human Rights,” Ukrainian Independent Public Society “Zakhyst” (Cherkasy), Grassroots Information Resource Center (Kyiv), All-Ukrainian Public Organosation “Pora” (Kyiv).
Search for new partners continues.
During 11-12 January 2005, KhPG held in Kharkiv a workshop for special and regional partners. There were 30 representatives of 19 Ukrainian NGOs, 1 university, and 1 research institution (23 men, 7 women).
In the first day, Project coordinator Andrey Stanislavskiy (KhPG) delivered a report of the work done under the Project in the 1st year, he also informed about activities planned for the 2nd year. Vasil Sobolev (Kharkiv National University of Interior) informed about the progress of creating a course “Human Rights and Police.” Yuriy Belousov (Kharkiv Institute of Social Research) told the participants about the results of the mass survey conducted by the Institute’ staff in the framework of their sociological research as well as conducted a focus-group on finding out attitudes of target group “human rights activists” toward a problem of torture – an integral part of this research. Then, regional and special partners of the Project informed about their work and discussed working questions of mutual cooperation.
In the second day, lawyer Arkadiy Buschenko (KhPG) informed about the activities of the Fund for the Professional Support to Victims of Torture and Cruel Treatment. He also proposed to discuss an independent report for the European Committee for the Prevention of Torture (CPT), prepared by the KhPG experts. The meeting concluded with a discussion of practical aspects of further cooperation under the Project, extending agreements with existing partners and concluding agreements with the new ones.
During 27-30 January 2005, KhPG organised and held 1st Stage of the Fifth School on Human Rights for activists of Ukrainian human rights organisations. There were 51 representatives of 39 organisations from 18 regions of Ukraine, Kyiv, and the Crimea (29 men, 22 women).
In the first day, after presentations of participants, Yevgeniy Zakharov, Co-chair of KhPG, presented lectures on a general concept of human rights and on protection of human rights. In the afternoon, participants worked in sections, discussing such topics as protection of human rights and politics; human rights organisations and the authorities; cooperation between human rights organisations.
In the second day, Yevgeniy Zakharov informed about activities by human rights organisations during election campaigns and later told about the use of international mechanisms for protection of human rights by non-governmental human rights organisations. Vsevolod Rechtskiy, lecturer of the National Law Academy and constitutional expert of KhPG, delivered lectures “The Ukrainian Constitution in the current context” and “Openness of information as a universal requirement.” KhPG legal expert Arkadiy Buschenko told about protection of human rights in Ukrainian courts and at the European Court of Human Rights. In the afternoon, participants discussed in sections information exchange, organisation of joint actions and campaigns, and protection of human rights and the media.
In the third day, Lyudmila Klochko, a director of KhPG’s public reception office, told about the work of public reception offices of human rights organisations. Yevgeniy Zakharov introduced participants to financing of human rights organisations, basics of fundraising, and methodology of writing project proposals. In the afternoon, participants practiced in writing project proposals.
In the fourth day, participants received consultations concerning projects they were working on or considering. Project coordinator Andrey Stanislavskiy told about internal management of human rights organisations and preparation of reports.
At the end of the School, the organisers proposed participants to anonymously fill in evaluation forms to assess organisation of the event on a 12-point scale. The average point was fairly high - 10.8.
During 19-20 February 2005, 2nd Stage of the School was held for Kharkiv-based human rights activists. It was attended by 30 participants (15 men, 15 women). Presentations were delivered by Yevgeniy Zakharov, Vsevolod Rechtskiy, Arkadiy Buschenko, and Lyudmila Klochko.
During 3-4 June 2005, KhPG held in Kyiv a seminar for the Project regional and special partners and other organizations concerning preparation of regional and national report on human rights in Ukraine in 2005, as well as concerning access to information relating to human rights. KhPG prepared a list of questions, which partners were to include in their requests for information to regional police agencies, prosecutors’ offices, regional departments of justice, security service, appeal and local courts, etc. in order to obtain data on observing human rights and fundamental freedoms, in particular right for protection from torture and cruel treatment, right to liberty and security, right to a fair trial and other rights and freedoms. The seminar was attended by 45 persons – 27 men, 18 women.
For the seminar, KhPG prepared “Guidelines for preparing annual reports on human rights,” which was handed over to each participant.
The seminar was opened by Yevgeniy Zakharov (KhPG), who delivered lectures “Concept of preparing annual reports on human rights; preparing of annual report ‘Human rights in Ukraine - 2005’ Review of methodologies” and “Arranging communications between human rights network members,” followed by discussion. Then Oleksandr Severyn (Grassroots Information Resource Center) delivered lecture “Gathering information related to human rights; requests for information and citizens’ appeals.”
The seminar participants reviewed information related to each key right, which was to be gathered to prepare the report. Each speaker shared his or her experiences in the preparation of analytical report on observing human rights. Lawyer Arkadiy Buschenko (KhPG), in particular, told about gathering information on observing the right for protection from torture and cruel treatment and right to liberty and security; lawyer Ivan Tkach (Sevastopol Human Rights Protection Group) - about the right to fair trial; Yevgeniy Zakharov - about right to privacy, Natalya Romanova (Chernigiv Public Committee of Human Rights Protection) – about rights of refugees and migrants, etc.
The electronic conference [email protected] created in 2003 to provide uninterrupted communication between the network members continued its operation. There the network members exchanged information about their activities and expressed their concerns and ideas related to the Project. Starting from 1 January 2005, it was established to send monthly reports not to KhPG project management directly, but to the UWGAT-conference in order to make all the network members promptly aware about each other’s work. Also, it was decided, to send here applications addressed to the Fund for the Professional Support to Victims of Torture and Cruel Treatment and responses from its management. Again, it was done to let the network members know about the “mechanics” of the Fund operation, thereby contributing to its transparency and helping less experienced members to prepare more quality applications, which be more likely approved for financing by the Fund Board.
According to UWGAT moderator Sergiy Fedorinchik of the Ukrainian Environmental Association “Zeleny Svit” (Kyiv), from 2 July 2004 to 1 July 2005 network members sent 442 messages (in the first year there were 206 messages) through this system. The system was most actively used during January – June of 2005, with the hike in February (86 messages), right after the end of the “Orange Revolution” and the working meeting of the partner members in Kharkiv. The most active users of the mailing list were members of KhPG (168 messages), Environmental and Cultural Centre “Bakhmat” (40 messages), Civic Bureau „Human Rights Protection” (34 messages), UWGAT moderator (29 messages), Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (28 messages), Ukrainian Helsinki Union on Human Rights (19 messages), Kherson Regional Charity and Health Fund (17 messages), Sevastopol Group for Human Rights Protection (16 messages), Vinnitsa Human Rights Group (15 messages), and NGO “Civic Initiatives” (10 messages). Most members of the regional partners used this engine to exchange information regarding the Fund for the Professional Support to Victims of Torture and Cruel Treatment.
The regional partners opened 5 new public reception offices for processing applications received from citizens on issues of torture and cruel treatment. New reception offices were opened by the Civic Bureau „Human Rights Protection” (Sumy), NGO “Civic Initiatives” (Kirovograd), and Chernigiv Public Committee of Human Rights Protection (January 2005), Environmental and Cultural Centre “Bakhmat” (Artemivsk) (February 2005), the All-Ukrainian Youth Organisation “Molody Rukh” (Zaporizhya) (March 2005).
In the context of the network operation, 5 regional partners - the Environmental and Cultural Centre “Bakhmat” (Artemivsk), The Vinnitsa Human Rights Group, Ukrainian Environmental Association “Zeleny Svit” (Kryviy Rig) NGO “Civic Initiatives” (Kirovograd), Civic Bureau „Human Rights Protection” (Sumy) - carried out a monitoring of court hearings in cases on administrative (minor) offences, which entail administrative arrests or/and detentions. If in other towns no violations were recorded, in Sumy in all 6 cases monitored, police actions were recognized unlawful, and damages claims were filed. The Vinnitsa partners were present at 6 trials of young activists from “Pora!” organisation, which took place in the fall of 2004, during the Presidential Campaign; they also provided legal help to those victims of unlawful detentions.
Partners participated also in events organised by other human rights organisations.
During 3-4 September 2004, in Lviv, members of KhPG, SIM (Lviv), and the Kherson Regional Charity and Health Fund participated in training seminar “European Court of Human Rights and Ukraine” organised by the International Helsinki Federation on Human Rights and Committee “Helsinki-90” (Kyiv) under the project on improvement of the human rights situation in Ukraine through extending legal assistance by non-governmental organisations sponsored by the European Commission. Yevgeniy Zakharov and Arkadiy Buschenko (KhPG) delivered lectures; KhPG and the Kherson Fund distributed their publications among participants of the seminar.
During 28-29 December 2004, another seminar under that project was held in Kyiv. Among other participants, members of KhPG and the Kherson Regional Charity and Health Fund, discussed the work of public reception offices maintained by the participating organisations and general issues of human rights, particularly in the light of the extended Presidential election campaign, which was in place then.
During 11-12 April 2005, in Kyiv, the Ukrainian Helsinki Union on Human Rights held the Second Forum of Human Organisations entitled “Monitoring of human rights and fundamental freedoms in Ukraine.” Among its participants there were representatives of 23 organisations comprising the Project network. Among the guests there were all members of the Project Board of Trustees: its Chair Nina Karpachova, Ukrainian Ombudsperson; Gennadiy Udovenko, Chair of the Parliamentary Committee on Human Rights and International Relations; Valeria Lutkovska, Deputy Minister of Justice; Aleksey Korotaev, a member of the International League of Human Rights (Geneva); and Yevgeniy Zakharov, Project Director, Head of the Board of Directors of the Ukrainian Helsinki Union on Human Rights, Co-Chair of KhPG. The Forum was attended by a number of foreign dignitaries and human rights activists, among whom were representatives of embassies of Germany, Sweden, USA, members of the Amnesty International, Human Rights Watch, Freedom House, USAID, Danish Institute on Human Rights, Information Bureau of the Council of Europe, and other international and domestic institutions, both governmental and non-governmental, concerned with the human rights situation in Ukraine. The participants approved report “Human Rights in Ukraine,” delivered by Yevgeniy Zakharov. The event was shown in the evening news on 11 April 2005 on STB, “1+1”, and “5 Kanal.”
During 6-7 May 2005, in Chernigiv, the Chernigiv Public Committee of Human Rights Protection held seminar “Operation of a public reception office: experience, problems, prospects” in the framework of the project by the international Helsinki Federation also sponsored by EC. Among its speakers and participants were also members of KhPG Yevgeniy Zakharov, Co-chair of KhPG and Lyudmila Klochko, Director of the public reception office at KhPG.
During 1-2 July 2005, in Kharkiv, KhPG together with the International Helsinki Federation on Human Rights held seminar “Access to justice” under the project on improvement of the human rights situation in Ukraine through extending legal assistance by non-governmental organisations sponsored by the European Commission. Among its participants there were 4 members of KhPG, 1 member of the Kharkiv Regional Union of Soldiers’ Mothers, 1 member of the Kherson Regional Charity and Health Fund, and 3 members of the Chernigiv Public Committee of Human Rights Protection. The participants reported about work of their organisations’ public reception offices during 2004 and first six months of 2005, as well as exchanged their views on how to improve their work.
The Vinnitsa Human Rights Group informs that the Group has conducted 4 seminars (Vinnitsa, Lviv, Sevastopol, and Lugansk) for physicians, lawyers, journalists, and human rights activists. The Group is thankful to KhPG for kind supplying a great number of various books and brochures for the seminars.
Activity IV. Organization of joint actions and campaigns of network members aimed at the prevention of torture and protection from torture and cruel treatment
Action in support of Beslan Kutarba and Revaz Kishikashvili:
Beslan Kutarba and Revaz Kishikashvili were detained on 30 and 31 August 2004 respectively by police officers from the Nakhimovskiy Station of Interior in Sevastopol. They were accused in a crime to which they had reportedly confessed. Reports indicated that police possibly was torturing and ill-treating the men to force them to confess to unsolved crimes that they apparently had not committed. The two men, thought to be in very poor health, were being held in the temporary detention centre in Sevastopol.
Appeals by the detainees’ lawyers and relatives to investigating authorities and prosecutor’s office failed to change the situation.
Under the circumstances, KhPG along with the Sevastopol Group for Human Rights Protection decided that it was necessary, apart from sending appeals to prosecutors’ offices of various levels and the Ukrainian Ombudsperson, to inform about the incident the Amnesty International through its member Heather McGill (Ms. McGill, the researcher based in London, contacted KhPG earlier concerning its activities under the Project and ways of cooperation with AI.). AI, through its Urgent Action Network, organised mass appeals against violations of human rights to the General Prosecutor’s Office of Ukraine, Sevastopol City Prosecutor’s Office, and Sevastopol City Department of Interior.
This action proved to bear fruit. In her letter to the Amnesty International, Kutarba’s lawyer, wrote:
Your contribution has helped me very much in defending the rights of my client Kutarba. …there have been significant advances in the way procuracy and the police have behaved. In the firs place there have been no more interrogations by unauthorized people, secondly the beatings have stopped… even though it is late they have carried out a medical inspection and they have confirmed that he was beaten and now we can finally start a case against those who ill-treated him. …
Action to protect human rights during the Presidential elections of 2004
The events surrounded the Presidential elections of 2004 proved to be a critical challenge to the Ukrainian society and its attitude toward protection of human rights and fundamental freedoms, in particular. All public NGOs, participants of this Project, were actively involved in those events, even prior to the official start of the campaign (4 July 2004) until the re-vote (26 December 2004).
Since May 2004, KhPG, Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine,” Kherson Regional Charity and Health Fund, Chernigiv Public Committee of Human Rights Protection, Ukrainian Helsinki Union on Human Rights together with international organisations, including the International Helsinki Federation on Human Rights and Article 19, had been conducting a monitoring of the election campaign. Information about violations of human rights obtained by regional partners was sent to the network and media.
One of the most notorious violations of human rights during the elections campaign, recorded by the network members, were events around the student protests. Law-enforcement agencies of the Sumy Region were very brutal with students, who, protesting against a decision by President Leonid Kuchma to unite three Sumy universities in one establishment, held meetings in Sumy, mounted a tent-city, and then undertook a march to Kyiv. The Ukrainian Helsinki Union on Human Rights regularly informed public about the events through its Internet-publication www.rupor.org and later issued a statement demanding from the police to stop participating in politics and hold to fundamental human rights and freedoms. The student protests and position taken by the public made President Kuchma to turn down his decision on uniting the universities; detained students were released. Project regional partners reported about detention of students in Vinnitsa, Severodonetsk (Lugansk Region), Lugansk, Nizhin (Chernigiv Region), and Donetsk. The facts of mass violations of student rights were reflected in statements made by KhPG, the Ukrainian Helsinki union on Human Rights, Chernigiv Public Committee of Human Rights Protection, and other partners.
The centre of the student protest against unlawful actions by the authorities during the elections campaign was the Civic Campaign “Pora!” (It’s Time!), which emerged in the late March 2004 and acted practically in all regions of Ukraine. Its aim was to monitor violations of the current legislation during the election process and to terminate them by non-violent actions, such as posting and distributing leaflets, holding peaceful demonstrations and the like. During the election campaign, NGOs recorded 150 cases of detentions of its members by law-enforcement agencies; hundreds of them were detained, some of them repeatedly. KhPG, in particular through the Fund for the Professional Support to Victims of Torture and Cruel Treatment, the Ukrainian Helsinki union on Human Rights, Chernigiv Public Committee of Human Rights Protection, and Vinnitsa Human Rights Group extended legal assistance in several cases, when law-enforcement agencies persecuted members of “Pora!” The surge in detentions of “Pora!” members and calls from Ukrainian NGOs urged the Amnesty International to issue a respective statement.
The network members, in particular KhPG and the Chernigiv Public Committee of Human Rights Protection, through their information bulletins publicized cases of other forms of unlawful actions on the part of law-enforcement agencies during the election campaign and on voting days, including the use of criminals in the campaigning, abuse of voter rights in penitentiaries, participation in falsifications and irregularities organised by “dirty technologists” during the voting. Many partners organised mobile monitoring groups on the voting days, especially during the re-vote on 26 December 2004, to prevent violations of the election legislation and voter rights.
Though the network members’ participation in the Presidential elections was not envisaged in the Project, we believe, the point of their participation was directly linked to the overarching idea of the Project – to protect human rights and fundamental freedoms – and necessitated their active involvement and diversion of a significant portion of their material and human resources to achieve this goal.
Action against unlawful practice of classifying decrees by the President of Ukraine
On 31 January 2005, Yevgeniy Zakharov (KhPG) sent an open letter to President of Ukraine Viktor Yushchenko on the unlawful practice of classifying legal acts, which was received by the Presidential Secretariat on 3 February 2005. Since then, through web-site “Maidan” (www.maidan.org.ua), KhPG collected signatures for this letter from organisations and private persons concerned with the problem of the openness on the part of the government. The letter was eventually signed by 32 organisations, including many Project partners, and 580 private persons.
On 26 February on the premises of the UNIAN Information Agency, Yevgeniy Zakharov and two activists of the Public Alliance “Maidan” held a first press-conference on the issue of unlawful classifying of legal acts by the President.
Having received no meaningful answer from the Presidential Administration, on 16 March 2005, Yevgeniy Zakharov sent to the President another letter with relevant demands, with signatures of 580 private persons and 32 NGOs.
On 23 March 2005, on the premises of the UNIAN Information Agency, activists of the Public Alliance “Maidan” held a press-conference on the issue of unlawful classifying legal acts by the President.
On 5 April 2005, Yevgeniy Zakharov was a key guest at a popular talk-show “Double Proof” of “Studio 1+1” on the 2nd national TV-channel addressing the issue of “secret” decrees by the President of Ukraine. Among the participants of the programme were Igor Koliushko of the Centre of Political and Legal Reforms (the network member), Roman Zvarych, the Minister of Justice, Boris Bespaly, MP, a member of “Nasha Ukrayina” (“Our Ukraine”) faction, and Taras Chornovil, MP, a former chief of the Viktor Yanukovich’s election campaign. Yevgeniy Zakharov’s main opponent, lawyer Mykola Poludenny, recently appointed as a head of the legal service at the Presidential Administration, promised to sort out the issue of classifying presidential degrees and streamline the documentation procedure. In the aftermath of the programme, Yevgeniy Zakharov received an official letter from Oleksandr Zinchenko, the Head of the Presidential Secretariat, where he informed that, among other things, by order of the Chief Executive, the Presidential Secretariat had changed the manuals, which arbitrarily and groundlessly restricted public access to information. In addition, President Yushchenko issued an executive order to the Ministry of Justice to prepare bills “On access to information” and “Information openness of the state bodies.”
On 26 April 2005, the All-Ukrainian Civic Organisation “Pora!” and the Public Alliance “Maidan” held action “For publication.” The participants protested against the practice, including the use of classification stamps, such as “Not for publishing,” on Presidential decrees and documents of other governmental institutions, which were not provided in any law. The protesters demanded from the authorities to act within the limits prescribed by the Law on State Secrets and to make public the contents of those documents, which did not fall under this law. Also, they demanded to make public all unlawfully classified legal acts of the former regime, as well as make public each and every document of local executive and legislative authorities as prescribed by the law.
Because of inaction on the part of state authorities toward the openness of unlawfully classified legal acts, several human rights organisations sent information requests to the Presidential Secretariat and Cabinet of Ministers. They requested to disclose titles of such acts. On 1 June 2005, on the premises of the UNIAN Information Agency, Yevgeniy Zakharov and two activists of the Public Alliance “Maidan” held a third press-conference on the issue of unlawful classifying of legal acts by the President Secretariat, Cabinet of Ministers and other state authorities.
Unfortunately, no replies were received in the 1-month term, established by the law. If the applicant receives no response or groundless rejection to give information, the law provides 1 month for appeal,. Therefore, 4 activists filed a lawsuit regarding the inaction on the part of the President.
Activity V. Organization in mass media, including electronic ones, the campaign for changing attitude of the society to problems of torture
Informing of the governmental authorities
Partners sent letters to regional police departments, prosecutor’s offices, state administrations, justice departments, appeal courts, departments of penitentiaries, in which they informed about the continuation of the Project. Most regional partners held press-conferences, where they told about the Project.
The Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms (Lugansk) responded to 28 appeals concerning cruel treatment it received within the reporting period. Of them, its lawyers had been participating in 5 court proceedings. The organisation sent appeals to various prosecutors’ offices. The usual reaction to these appeals was “facts have not been confirmed.” The most difficult situation was with obtaining information from investigatory wards and correctional colonies.
Environmental–Humanitarian Society “Green World” (Chortkiv) reports that they regularly contact various governmental agencies (local councils, prosecutors’ offices, police authorities, and courts) on behalf of the people appealing to them and on pressing issues of human rights protection in the region.
Environmental and Cultural Centre “Bakhmat” (Artemivsk) received 85 appeals and reports concerning cruel treatment, including 53 from victims or their relatives. Of them, members of the organisation sent 4 inquiries to prosecutor’s offices; 25 to KhPG for publication or as requests for support through the Fund. They met with top officials of the Artemivsk and Donetsk Investigatory Wards and informed them about the Project. They also held a meeting near the Donetsk Regional Prosecutor’s Office, attended by human rights activists, representatives of the prosecutor’s office, victims and their relatives. Also, members of the organisation on a weakly basis posted leaflets as to the Project in investigatory wards in Donetsk and Artemivsk (February - May 2005), as well as in courts and bar associations in Artemivsk, Dzerzhinsk, and Gorlivka (April 2005), in Artemivsk, Donetsk, Mariupol, Kostyntynivka (May 2005). In February they sent an inquiry to prosecutors’ offices regarding statistics on torture cases and punishments of guilty officials; they received only formal responses.
The Zhitomyr Regional Section of the International Society of Human Rights informs that it serviced 26 persons who suffered from unlawful actions on the part of police officers, of whom 19 persons applied for help in the framework of the Project through it’s reception office, 4 from other public organisations, and 3 from the media; legal aid was provided in 8 cases. It also informs that on 15 April 2005 Viktor Bondar, Head of the Section, met with Irina Synyavska, Deputy Head of the Zhitomyr State Regional Administration on Humanitarian Issues, and they agreed about cooperation in the context of the Project, in particular to hold a round-table meeting, informational and educational activities, etc. On 17 June 2005, at the invitation from Ukraine’s Department of Penitentiaries and International Society of Human Rights, Viktor Bondar participated in the seminar held in Kyiv. He, in particular, asked the Department’s head to simplify the procedure of access to correctional colonies and prisons, but he was told it was impossible to do as those facilities were those with restricted access.
The Vinnitsa Human Rights Group informed that 54 persons claiming that they or their relatives suffered from torture or cruel treatment attended its reception office, of them 12 cases were taken by the Group to provide legal aid. Also, the Group has been actively engaged in counteraction against deportations of international detainees to the countries, where the detainees could suffer from torture and cruel treatment; the Group has been currently working on 3 such cases.
The International Society for Human Rights–Ukrainian Branch (Kyiv) sent to KhPG 33 reports on alleged facts of human rights violations, including facts of cruel treatment. The information was received directly from people and from the media. Members of the organisation took measures to address the problems, including sending claims to various law-enforcement and other governmental institutions.
The Chernigiv Public Committee of Human Rights Protection reports that for the first half of 2005 its reception office was attended by 125 residents of Chernigiv, 35 of whom asked for legal aid because of alleged wrongdoings on the part of law-enforcement agencies. But only 3 appeals had signs of violations of Article 3 of the European Convention. Also, members of the Committee investigated several complaints about cruel treatment in Chernigiv police stations and unlawful detentions of citizens. As in most cases victims gave up confirmed their allegations in writing, proceedings did not go further the initial stage. On the occasion of appointment of new leadership in law-enforcements agencies, the Committee sent informational letters about the Project. Also, it held a seminar at the Novozavodskiy Police Station (Chernigiv) for line police officers “Prevention of torture in everyday work of law-enforcement officers.” On 1 January 2005, together with the Chernigiv Women’s Human Rights Centre, the Committee opened a public reception office at Chernigiv Correctional Colony No. 44, which was attended by 137 convicted women, 35 of whom filed appeals concerning violations of their rights. The Committee informed the Chernigiv Regional Department of Penitentiaries and discussed the matter at the meetings of the regional supervisory commission.
NGO “Civic Initiatives” (Kirovograd) informs that since January 2005, 22 persons attended its public reception office and it received 17 other reports of alleged violations, of which it sent 25 reports to KhPG, 10 complaints to the Kirovograd Regional Prosecutor’s Office, General Prosecutor of Ukraine and other central and regional authorities. Information about the Project was sent to all regional and city law-enforcement agencies. Its members also met with a head of the Kirovograd Regional Council, and informed him about the Project and offered cooperation; also, the NGO members had been building relations with the new leadership of local law-enforcement agencies (February 2005). On 22 March 2005, the NGO held a press-club on the subject of the Project for the media and chiefs of law-enforcement agencies, including several representatives of the Kirovograd Regional Department of Interior. The information about the press-club was posted on the press-club’s web-page. Regional Project coordinator L. Lukyantseva and NGO’s lawyers V. Zborovskiy and M. Vaipan are accredited to all public events held by the regional department of interior.
Ukrainian Environmental Association “Zeleny Svit” (Kryviy Rig) informs that it received 5 reports on the violations addressed in the Project, which were sent to KhPG. In total, the Association has been supporting 12 cases, 6 of which are carryovers from the first year of the Project. Three cases are being considered in courts and 2 are sent to further investigation by the appeal court. In March of 2005, the Association reached an agreement with the Kriviy Rig City Department of Interior and Dnipropetrovsk Regional Department of Interior about participation of its 3 members in attestation of police officers. Because of delay in receiving responses and disinformation from some top police officials, that mission did not happen. The Association sent a claim to the Ministry of Interior about the inaction on the part of the Kryviy Rig’s police.
The Kherson Regional Charity and Health Fund reports that from 1 June 2004 to 31 May 2005, 6 persons complaining about cruel treatment during interrogation by police officers applied to its public reception office. The Fund sent to KhPG 33 reports about cruel treatment, concerning which 1 complaint, 1 application, and 1 inquiry to the Kherson Regional Prosecutor’s Office and 1 inquiry to a district court were sent. The Fund as a co-founder of the popular regional newspaper “Vgoru,” on a weekly basis distributes 100 copies of the newspaper at the Kherson Regional Department on Penitentiaries (at their request). The Department distributes the newspaper at 6 penitentiaries in the Kherson Region (5 correctional colonies and 1 investigatory ward) for their personnel and incarcerated persons. Following the example of the Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (Severodonetsk), in May of 2005 the Fund sent an inquiry to the Kherson Regional Prosecutor’s Office about the number of law-enforcement officers charged for various offences.
Civic Bureau „Human Rights Protection” (Sumy) received 11 appeals from victims or their relatives, of which 8 sent as reports to KhPG. Members of the organisation sent letters about the Project to the city and regional prosecutors’ offices and regional department of interior (January 2005); Oleksandr Takul, Project regional coordinator, met with a newly appointed head of the regional department of interior and informed him about the objectives of the Project (February 2005) and with a head of the department’s internal investigation unit (March 2005), with whom discussed possibilities for cooperation. In total, the organisation held 16 meetings (mini-presentations of the Project) with various law-enforcement officials. Members of the organisation held picketing near the Sumy Regional Prosecutor’s Office (March 2005) demanding to speed up investigation of the cruel beating of people in Sumy in November of 2004 and unlawful arrest of students in summer of 2004.
All-Ukrainian Youth Organisation “Molody Rukh” (Zaporizhya) informs that from January to June of 2005, 68 persons applied to their reception office, upon which its members sent 69 inquiries and appeals, including 54 to prosecutors’ offices, 21 to police offices, and 1 to the Zaporizhya Regional State Administration. Their request to send law students to the organisation as volunteers was approved by the administration of the Zaporizhya National University; the organisation also asked City Hospital No. 5 to inform it about victims of torture admitted to the hospital (March 2005). In April of 2005, members of the organisation met with the Representative of the Minister of Interior and informed him about the Project. The regional department of interior agreed to cooperate with the organisation. A similar meeting was held with the Zaporizhya Regional Prosecutor, who informed that number of complaints from citizens concerning unlawful actions on the part of law-enforcement agencies was declining.
Informing of the public nationwide
On 23 October 2004 in Kyiv, the Institute of Mass Information (Kyiv) held conference “The European Court of Human Rights: judgments by the European Court as sanction and guarantee for human rights protection” with the financial assistance of the French Ministry of Foreign Affairs. Valeria Lutkovska, Deputy Minister of Justice and member of the Project Board of Trustees, Yevgeniy Zakharov, Director of the Project (KhPG), and Arkadiy Buschenko (KhPG) delivered reports on various aspects of implementing judgments by the European Court into the Ukrainian legal system. In their reports they referred to the experience gained under the Project.
During 28-29 April 2005, Yevgeniy Zakharov and Arkadiy Buschenko participated in the Parliamentary hearing on legal reforms, especially of Ukraine’s justice system, in the context of Ukraine’s integration in the European institutions, where he told the participants about the Project and how it was addressing the problem. The hearing was chaired by Vasil Onopenko, Chair of the Parliamentary Committee on Legal Politics. Among its participants – MPs, political leaders, legal scholars and practitioners, was John Herbst, US Ambassador to Ukraine and Bohdan Futei, a judge of the United States Claims Court.
All-Ukrainian newspaper “Advokatura” (No. 8(40), April 2005), in its section “Open Talk” published a prolonged interview with Arkadiy Buschenko entitled “For the European Court, Reasonable Doubt Is Enough,” in which he told about the Project, the use of the European Convention for protection of victims of torture, and particularities of lawyer’s work on cases submitted to the European Court.
There were a lot of other publications related to Project activities in national media, including those in professional newspaper “Yuridichny Visnyk Ukrayiny.”
Informing of the public in regions:
NGO “Civic Initiatives” (Kirovograd) informs that the NGO prepared press-releases about goals of the Project and operation of the organisation’s public reception office for the media, local authorities, courts, etc. (January – March 2005). The press-releases clearly indicated that the Project was supported by the European Commission, but, unfortunately, some media did not include this information in their publication. Information about the Project and operation of the public reception office was published by major information agency “Komivoyazher” and the Ukrainian Human rights Portal (www.upp.org.ua) (February 2005); regional newspapers “Narodne Slovo” (No. 22 and No. 34) and “Kirovograd Vecherniy” (No. 9) (March 2005); and national newspaper “Ukraina-Tsentr” (No. 13, 1 April 2005) and some regional media, including newspapers “Vilne Slovo” (Oleksandria) and “Kirovograd Vecherniy” (April 2005). Articles also appeared in local newspapers “Strana Sovetov” and “Nasha Gazeta.” On 16 June 2005, at a press-club, members of the organisation told journalists about the Project’s progress to date.
Environmental and Cultural Centre “Bakhmat” (Artemivsk) published an article (January 2005) about the Project in newspaper “Bakhmutskiy Kray” (northern part of the Donetsk Region). Its members also published a text of their inquiry about torture (February 2005) to local prosecutor’s office in newspaper “Sobytie.”
Environmental–Humanitarian Society “Green World” (Chortkiv) informs that its members regularly published materials related to the Project in local press. Among them were articles in newspaper “Ratusha” (Chortkiv, 12 August 2004) and “Golos Narodu” (Ternopil, 10 December 2004). Also, in December 2004, the organisation held a press-conference on the occasion of the Human Rights Day, where told the audience about the progress of the Project in the Ternopil Region.
The Sevastopol Group for Human Rights Protection informs that on 1 September 2004 Olga Vilkova, Regional Project Coordinator, was interviewed on local TV about the Project. On 12 February 2005, the Group held a press-conference for the Sevastopol media, titled “Results of the Campaign against Torture and Cruel Treatment in Ukraine in 2003 – 2004.” Among the participants of the conference was Heather McGill of the Amnesty International. The information about the conference was presented on several times on news by three TV channels, including “Narodny Kanal” and “STV’, local radio station, and 3 newspapers, including “Sevastopolskaya Gazeta.” On 27 May 2005, newspaper “1Krymskaya” published an article about the organisation’s work with applications from victims of torture. Another article on the matter is in print.
The Zhitomyr Regional Section of the International Society of Human Rights informs that it gave information about torture victim Yuriy Buglak (client of the Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment) to the local media for journalist investigation (January 2005).
Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (Severodonetsk) publishes newspaper “Tretiy Sektor,” which addresses issues of human rights and is distributed in the Lugansk Region. In its special edition, the organisation presented the Project (Tretiy Sektor, No. 3(34), 19 January 2005); other publications on the matter in regional newspapers include 4 articles in “Tretiy Sektor,” 5 articles in “Novy Rakurs” (July – December of 2004), 1 article in “Ukrayina Kriminalna” (19 July 2004), “Luganchane” (14 July 2004), “XXI Vek” (1 September 2004), “Molodogvardiets” (2 December 2004), and “Vecherniy Lugansk” (21 April 2005).
The Vinnitsa Human Rights Group informs that it held 6 press-conferences and other informational activities on the topic of prevention of torture, as well as published a great number of articles in the press. Local journalists covered Group’s strategic legal proceedings and other everyday activities.
Ukrainian Environmental Association “Zeleny Svit” (Kryviy Rig) informed local civic organisations about the Project, who since then began directing persons, who needed help in the issues covered by the Project, to the organisation’s public reception office. The organisation regularly gives human rights literature to City Library No. 7.
Kherson Regional Charity and Health Fund is a co-founder of popular regional newspaper “Vgoru.” In this newspaper, the Fund’s members regularly publish materials related to the torture issues. In article “Campaign against Torture,” Alla Tyutyunnyk, the Fund’s President, told about the seminar for law-enforcement personnel held in Kherson in June under the Project (“Vgoru,” No. 27, 1 July 2004). In newspaper “Vgoru” (No. 138, 19 May 2005), the Fund’s members published information about the Project and working hours of the public reception office. Information about the Project has been also regularly disseminating among journalists and editors of the regional media during media-clubs organised by local journalistic association “Pivden.”
Civic Bureau „Human Rights Protection” (Sumy) held a press conference with “prisoners of conscience,” where the Project was presented to local journalists and human rights activists. Its members sent information letters to 3 major regional newspapers, one of which published a brief article about the Project and started posting free ads on help to victims of torture (February 2005); one newspaper published an article on facts of torture prepared by members of the Bureau; free ads on help to victims of torture appeared in newspapers “Panorama” and “Vash Shans” (March – April 2005). The organisation also arranged for publication about the fact of cruel treatment at the Sumy Correctional Colony in one local newspaper (May 2005).
All-Ukrainian Youth Organisation “Molody Rukh” published information about the Project in the local media and prepared publications on the problem of cruel treatment and the ways to tackle it (March 2005). Information regarding the Project was also disseminated in district centres of the Zaporizhya Region - Melitopol, Berdyansk – and other towns.
On 15 October 2004, Maya Kryukova, coordinator of the Kharkiv Regional Union of Soldiers’ Mothers, participated in primetime talk show “Parents’ Meeting” at 7th TV Channel (Kharkiv), where she told about the Union’s help to servicemen in the context of the Project. On 16 November 2004, she gave an interview to regional newspaper “Objektivno,” which appeared as an article there (No. 45, 15–21 November 2004).
On 1 September 2004, Lyudmila Klochko, director of KhPG’s public reception office, gave interview to local radio station “Slobozhanka,” in which she told about the Project and operation of the public reception office and help to victims of torture; Arkadiy Buschenko gave interview on the operation of the Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment to several Kharkiv media outlets, including Programme “Komendantskiy Chas” at 7th TV Channel and Kharkiv correspondent of TV Channel “ICTV” (February 2005).
Informing of international audience
On 17 September 2004, Arkadiy Buschenko represented KhPG at a business breakfast with Folker Ryue, Head of the Committee on Foreign Affairs of the German Bundestag, and officials of the German Embassy in Ukraine, who visited Kharkiv. The visitors were told about the overall human rights situation in Ukraine, role of non-governmental organisations, in protection of human rights, including in the context of the Project. The German officials expressed an interest in cooperation between German institutions and Ukrainian human rights NGOs.
Between 4 and 15 October 2004, in Warsaw (Poland) there was held an annual OSCE Human Dimension Implementation Meeting. The Statement of Kharkiv Human Rights Protection Group “On the Legal framework on Prevention of Torture in Ukraine” (File No. 212, dtd. 2004-10-06) was distributed there by its members, Yevgeniy Zakharov and Arkadiy Buschenko. The latter spoke about the torture problem in Ukraine at plenary session “Right to a fair trial and prevention of torture in the CIS countries” held on October 7. Yevgeniy Zakharov participated in plenary session “Freedom of expression, media and information in the CIS countries.”
On 11 November 2004, Lyudmila Klochko (KhPG) told about the Project and Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment in a telephone interview to a correspondent of German radio network Deutsche Welle.
Arkadiy Bushchenko and Yevgeniy Zakharov (KhPG) gave interviews on the Project activities to radio stations “Liberty”, Deutsche Welle, and BBC on various occasions.
Between 12 and 16 November, 2004 Yevgeniy Zakharov participated in the annual meeting of the International Helsinki Federation in Moscow where he told about the progress of the Project.
On 17 January 2005, KhPG was visited by members of the Norwegian Helsinki Committee headed by its Secretary General Bjorn Engesland. They were very curious about the human rights situation in Ukraine and progression of the election campaign in the context of human rights protection. They were shown KhPG’s working and printing offices and were told in detail about the Project and network of partner organisations. The Norwegian guests placed a photo report about their visit to Ukraine at their web-site
http://nhc.no/engelsk/countriesmappe/ukraine/factfinding_january2005.html. The Norwegian colleagues invited KhPG Co-chair Yevgeniy Zakharov to take part at the seminar in Oslo devoted to the status of Ukraine after the “Orange Revolution”.
On 5-8 February 2005, Yevgeniy Zakharov visited Norway. He gave presentation to scientists of the Norway Institute of International Affairs and Norwegian Helsinki Committee on Human Rights about the current situation in Ukraine, in particular, regarding the observation of freedom from torture. There were several publications covering this event in the Norwegian mass media.
On 16 February 2005, Heather McGill, a researcher from the Amnesty International (UK), whose help was instrumental in initiating AI’s Urgent Action to support two detainees in the Crimea (see Action IV), visited KhPG. Being a specialist at the penitentiary system in the CIS, she was interested in the work done by KhPG and the Project partnering organisations toward improving the plight of those in Ukrainian temporary detention facilities. On advice of KhPG, during her trip to Ukraine, she also visited other members of the Project network – the Sevastopol Group for Human Rights Protection, International Society for Human Rights–Ukrainian Branch, and Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms - and discussed with their members human rights issues pertinent to those regions and ways of cooperation with AI.
In February – May of 2005, the information about the Project, in particular the information of the sociological research carried out within the Project, was reported to the Metagora Co-ordination Team (OECD’s initiative on measuring democracy, human rights and governance) in the form of a completed questionnaire sent to that organisation (February) and telephone and e-mail communications on the occasion of the Metagora Forum held during 24-25 May in Paris. Materials on the Project have been included in the Forum proceedings.
On 9 May 2005, the Ministry of Justice held a round-table “The European Convention in the context of the legal reform in Ukraine.” Among its participants were Luzius Wildhaber, President of the European Court of Human Rights, and Valeria Lutkovska, Ukraine’s Deputy Minister of Justice. Arkadiy Buschenko (KhPG), who also participated in the seminar, told about the progress of the Project and its impact on the human rights situation in Ukraine.
In addition, the Project participants regularly inform about facts of torture and cruel treatment such international human rights organisations, as the Amnesty International, Human Rights Watch, Association for Prevention of Torture, UN Committee against Torture, European Committee on Prevention of Torture and Cruel Treatment; brief on the Project the Moscow Helsinki Group, International Society “Memorial,” and Russian Institute on Human Rights.
Activity VI. Analysis of the administrative, criminal-procedural, criminal laws and law-applying practices in the spheres, where torture and cruel treatment are possible
Analysis of national legislation and case-law
During this Project year, the analysis of national legislation and case-law has been continued in the light of their compliance with the international standards.
The analysis covered in detail:
- legislation and case-law in respect of investigating complaints about torture: terms of investigation, thoroughness of investigation, independence of an investigating authority, rights of the victim during investigation;
- arrest without warrant: preliminary conditions to authorize arrest, arrest procedure, provisions for due process;
- police custody and observation of rights of a detained person: right to receive information about his or her rights, right to have access to a lawyer; right to remain silent, right to be informed about reasons for detention, right to have relatives notified about the detention;
- first appearance before a judge: a term of bringing to a judge, independence of court, procedure of consideration, reasons for custodial placement, possibilities for effective defence, informing about other party’s reasoning, scope of court’s jurisdiction in respect of claims about torture;
- appeal against detention and periodical review of the detention: access to court, legal consequences when the detention is held unlawful;
- access to a lawyer during custody and possibility of confidential correspondence with a lawyer.
Draft analytical report on compliance of the national legislation and case-law with the international standards of protection from torture and arbitrary detention
In the course of analytical work under the Project, a draft analytical report on compliance of the national legislation and case-law with the international standards of protection from torture and arbitrary detention have been created. On the basis of this draft, following activities are under way:
- monitoring of legal acts and bills;
- monitoring of judicial and administrative practices;
- selecting cases for financing from the monies allocated with the Fund and developing strategies for court proceedings;
- analytical reasoning for preparation of applications to the European Court and other judicial authorities;
- developing programmes for monitoring of existing case-law in particular areas;
- compiling programmes for educational and training seminars;
- formulating directions for further work under the Project.
Human Rights in Ukraine – 2004: Report by Human Rights Organisations
In May - June of 2005, the Ukrainian Helsinki Union for Human Rights (UHUHR) published a unique book “Human Rights in Ukraine – 2004: Report by Human Rights Organisations” (both in Ukrainian and English). The book provides comprehensive overview of human rights situation in Ukraine in 2004. Most of its contributors are representatives of the Project partners, especially in the first part covering human rights and fundamental freedoms. As conclusions to their research, the authors offer recommendations on eliminating violations of human rights and fundamental freedoms and those on improving the overall situation.
The book contains the following chapters, including those written by members of the Project partners:
- Introduction (KhPG/UHUHR);
- Preface (KhPG/UHUHR);
- Human rights in the constitution of Ukraine (KhPG/UHUHR);
- Right to life (UHUHR);
- Right for protection from tortures and ill treatment (KhPG);
- Right to liberty and security of person (KhPG);
- Right to fair trial (UHUHR);
- Right to personal privacy (KhPG/UHUHR);
- Freedom of conscience, religion and denomination (UHUHR);
- Right to access to information (KhPG/UHUHR);
- Freedom of expression (UHUHR);
- Freedom of peaceful assemblies (institute “Respublika”/UHUHR);
- Freedom of association (UHUHR);
- Freedom of movement and freedom to choose place of residence (UHUHR);
- Problems of discrimination and inequality in Ukraine (KhPG/UHUHR);
- Human rights and election of the president of Ukraine (Chernigiv Public Committee of Human Rights Protection);
- The categorisation of economic and social rights (UHUHR);
- Human right to safe environment (Ukrainian Environmental Association “Zeleny Svit” (Green World) – Kyiv Branch);
- Women’s rights (Laboratory on Gender Research, Kharkiv);
- Observance of human rights in family-type children’s homes (NGO „Women’s Society”, Kharkiv);
- Control human trafficking (UHUHR);
- Rights of refugees and asylum seekers (Vinnitsa Human Rights Group/ UHUHR);
- Rights of prisoners (KhPG);
- Rights of servicemen [selected aspects] (Kharkiv & Dnipropetrovsk Regional Unions of Soldiers’ Mothers);
- Observing the rights of HIV-infected and TB- and AIDS-patients (Vinnitsa Human Rights Group/ UHUHR).
The bibliographical data of the Ukrainian version are as follows:
Права людини в Україні – 2004. Доповідь правозахисних організацій. / За ред. Є. Захарова, І. Рапп, В. Яворського. Худож.-оформлювач Б. Захаров / Українська Гельсінська спілка з прав людини. - Харків: Фоліо, 2005. – 312 с
Activity VII. Preparation of the digests of judgments of the European Court on Human Rights concerning Articles 2, 3 of the European Convention of Human Rights in the context of preventing torture
As it became clear by the second half of 2004, due the steep rise in the number of judgments by the European Court, the initially planned two-volume edition concerning Articles 2 and 3, 5 had to be a three-volume book. Volume 1 (Article 5) was published in June of 2004 (see the previous report). Volume 2 (Article 3) was published in June of 2005. Work on Volume 3 (Article 2) is under way.
Digest on Article 3 of the Convention
This publication is a systematized digest of the European Court’s judgments on application of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, based on the Court’s judgments since 18 July 1978 until 5 April 2005. This edition offers the most complete presentation of the Court’s interpretation of the notions of torture, inhuman and degrading treatment and punishment, and application of Article 3 in various circumstances.
The edition has ramified structure, cross-references, and other search tools that help users of the digest.
The book is intended for judges, lawyers, law-enforcement officers, teachers and students of law schools, human rights activists, and general public.
The bibliographical data of the Ukrainian version of the digest are as follows:
Бущенко А.П. Проти катувань. Стаття 3 Конвенції про захист прав людини та основних свобод: Систематизований дайджест рішень Європейського Суду з прав людини. / Харківська правозахисна група – Харків: Фоліо, 2005. – 288 с.
Digest on Article 2 of the Convention
Compilation of the digest on Article 2 of the Convention is in its developmental stage. The following work has been done fully or partially:
- selection of excerpts from judgments and separate opinions;
- translation of selected excerpts into Ukrainian language, providing the excerpts with appropriate references;
- development of the edition’ structure;
- editing of the text and verification of terminology;
- systematic organisation of the excerpts;
- analysis and creation of cross-references;
- preparation of comments.
To date, a manuscript of the digest on Article 2 has 190,000 characters. By author’s estimate, about 15% on Article 2 have been completed. The volume is planned to be completed by January of 2006.
Translations of selected excerpts from the judgments on Articles 2 and 3 have been used during educational and training seminars for lawyers, judges, and law-enforcement personnel.
Activity VIII. Improvement of the laws and practices in the sphere of detention, arrest and holding under custody
Bill on Police Arrest (tentative title) and Procedure of Court Hearing about Arrest or Release
These two bills have been developed. Their main goals include:
- to make an arrest warrant for detention of the suspect in committing a crime a standard legal basis for arrest, and arrest without order an exception;
- to formulate grounds for arrest without warrant as clearly as possible to avoid any ambiguity in interpretation, to clearly determine a subject covered by norms of the arrest without warrant;
- to formulate an notion of arrest and tie it to the moment of actual deprivation of liberty;
- to formulate an obligation to guarantee detainee’s rights and responsibility for failing to meet this obligation;
- to establish an official position, independent from investigation of the case and responsible for detainees’ welfare and justification of their prolonged police detention;
- to create a mechanism of permanent control over lawfulness of arrest and detention and responsibility for unlawful detention;
- to implement procedural guarantees for detainees, developed by the European Court of Human Rights and other European institutions, into provisions of the court hearing;
- to implement presumption of release in legislative norms;
- to formulate judge’s obligation to consider all relevant circumstances evidencing for or against detention and to motivate his/her decision with the reference to specific circumstances;
- to formulate a right to periodical review of lawfulness of and basis for holding in custody.
Amendments to Ukraine’s Code on Administrative Offences
The amendments, in addition to including guarantees of fair procedure into court hearing about administrative offences, aim at cancellation of the widespread practice to use administrative arrest for purpose of criminal prosecution.
The developed amendments to Ukraine’s Code on Administrative Offences have been sent to the Ministry of Justice for discussion and use in legislative work. The suggested amendments were discussed during the training seminars with lawyers and seminars with judges. Comments and notes were used in the text. During the next Project year, we plan to more actively lobby the amendments to the Code.
Changes in Ukraine’s Criminal Code
For a few years KhPG vigorously criticized the wording of section 127, “Torture,” of the Ukraine’s Criminal Code. In May of 2005, it published a commentary, which suggested a new version of this section.
On 12 January 2005, the Ukrainian Parliament adopted “Law on Amendment of Some Legislative Acts of Ukraine,” which came into force on 16 February 2005. This law amended section 127 of the Ukraine’s Criminal Code. §3 and §4 of the amended section deal specifically with the subject of responsibility – a law-enforcement officer. In addition, the punishment provided by these paragraphs now is in better compliance with the international standards.
Unfortunately, not all suggestions given by KhPG have been implemented; for example, a section providing responsibility for the use of torture by law-enforcement officers has not been yet moved to chapter “Criminal acts by officials.”
KhPG believes that its active role in lobbying relevant amendments in the Criminal Code partly contributed to introducing the changes that make it more compatible with the European standards. KhPG plans to continue the work on improvement the Code’s provisions concerning torture and punishment of those who commit them in the following Project year.
Shadow report for the UN Committee against Torture
The work on this report is underway. At the Forum of Human Organisations, which took place during 11-12 April 2005 (see Activity III of the Report), a plan of the human rights monitoring in Ukraine for 2005 was developed, materials of which would be used for the report. The report itself and questions to the government will be presented to the UN Committee in November of 2005.
Shadow report for the European Committee for the Prevention of Torture (CPT)
The work on this report concerning compliance of the Ukrainian legislation with the CPT standards is practically finished. Its presentation is scheduled for September of 2005.
Guidelines for lawyers on representation of accused at detention hearing
The work on this brochure is underway. In the course of this work, the experience of lawyers, who have been working under the Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment and under project “Legal aid to detained persons at the first stages of pre-trial investigation” (sponsored by the International Renaissance Foundation), is used.
Other related activities
- During March of 2005, members of KhPG and some other partnering organisations took part in attestations of various police units in respective regions.
Arkadiy Buschenko, KhPG legal expert, has prepared a commentary to “Bill on compensation of harm caused by exceeding of reasonable terms of pre-trial and trial proceedings and execution of court decisions.” He was included into a task-force developing this bill and participated in several meetings.
Activity IX. Improvement of the legislation on access to information
Even before the Presidential executive order to prepare bill “On access to information,” the Ministry of Justice created a task-force for developing and submitting to the Parliament a bill on amendments and additions to Ukraine’s “Law on Information,” which had been prepared by KhPG expert Vsevolod Rechitskiy during the first year of the Project. That bill detailed the procedure of access to information excluding the unlawful classification practices. Yevgeniy Zakharov was included in the task-force. The bill was sent to various ministries and agencies for approval.
During March – April of 2005, three meetings of the task force were held, where amendments to the bill were discussed. KhPG received written comments to the bill; additions and changes from the Ministry of Interior and the Security Service, which were discussed at the meetings of the task force. As a result of these discussions, KhPG experts partly considered the comments given by the Ministry of Interior and the Security Service, and in May handed over a new version of the bill to members of the task force.
Activity X. Preparation, publication and distribution of the results of monitoring and research.
Scientific and reference books
In the framework of this Project, KhPG has published 3 scientific, including 1 in its series “Proty Katuvan”(Against Torture) and 2 reference books in Ukrainian language. (For full bibliographical date see Clause 3 of this Report.)
Special issues “Vyklad Faktiv” (Fact Sheets)
Series “Human Rights Fact Sheets” is published by the Centre for Human Rights of the United Nations Office in Geneva (Switzerland). It covers human rights issues, which are being studied or of special public interest.
During the second year of the Project KhPG has prepared for print 3 and published 2 brochures, the rest of them are planned for publication in the third year of the Project.
Information bulletins “Prava Ludiny” (Human Rights)
KhPG kept on publishing in Ukrainian language its biweekly information bulletins “Prava Ludiny” (Human Rights) (12 pages (A4 Format) each, 800 copies of the hard copies and electronic subscription) and monthly reviews of these bulletins in English language (12 pages (A4 format), 200 copies and electronic subscription). The bulletins were also sent electronically to subscribers and placed on the KhPG web-site (www.khpg.org). On the whole, within the reporting period, 36 issues – 24 in Ukrainian, and 12 in English – have been published.
Activity XI. Systematic work with target groups for improving their knowledge in the sphere of international and European standards on human rights, as well as their skills
Conducting the sociological research with the aim to understand the attitude of target groups to torture and their knowledge of the laws on preventing torture
Within the reporting period, KhPG and its special partners have conducted 1 sociological research and 5 monitoring studies:
- A team of the Kharkiv Institute of Social Research has conducted a combined sociological research entitled “The Cruel Treatment, Torture in Ukraine (Law-Enforcement System).”
- Monitoring of the case-law of the European Court of Human Rights concerning Ukraine.
- KhOSSM experts also have monitored quality of 2004 spring and autumn military draft.
- Experts of the Kharkiv Regional Union of Soldiers’ Mothers (KhOSSM) have compiled a summary report on monitoring of 2000-2004 military draft’s quality.
- Monitoring research of rights of servicemen (selected aspects) [KhOSSM in cooperation with Dnipropetrovsk Regional Union of Soldiers’ Mothers]
- Monitoring research on access to information in possession of law-enforcement agencies [KhPG]
“The Cruel Treatment, Torture in Ukraine (Law-Enforcement System)” [Kharkiv Institute of Social Research]
During the second year of the Project, the research activity focused on a deeper study of causes and conditions contributing to existence of torture and cruel treatment in the practice of law-enforcement agencies. To meet this task, qualitative sociological methods were used, in particular focus-groups and semi-formalized interviews.
Overall the Institute’s team has conducted 10 focus-groups, including 5 focus-groups with law-enforcement officers (operatives, investigators, district officers, instructors of the National University of Interior), 1 focus-group with journalists, 1 focus-group with aids to deputies (legislators) of various levels, 1 focus-group with judges; 1 focus-group with human rights activists; and 33 interviews, including: 13 interviews with torture victims (Donetsk), 10 interviews with torture victims (Sevastopol), 8 interviews with torture victims (Kharkiv), 1 interview with a torture victim (Ivano-Frankivsk), 1 interview with a journalist.
On the basis of the data obtained using quantitative methods (the mass poll during the first year - 2011 respondents) and qualitative methods (focus-groups and interviews), the team has prepared a scientific monograph which, in fact, is an outcome of the first full-scale research of the phenomenon of unlawful coercion in the Ukrainian law-enforcement agencies.
The research made it possible (1) to analyze the coercion as a socio-cultural phenomenon in the triadic relationship “state – police – person,” (2) to determine its nature, structure and functions, other countries’ experience and police internal statistics, (3) to look at the origins of coercion through the eyes of participants, witnesses, persons closely and remotely related to the victims of coercion, persons who could observe the consequences of police “work,” as well as to study public opinion concerning the spread, admissibility, and causes of unlawful coercion in police operations. This broad and multifaceted study of the unlawful coercion also made it possible to analyze legal and institutional fundamentals of the existing system designated to prevent unlawful coercion to and cruel treatment of citizens in police offices.
KhPG has already published the monograph with foreword written by Yuriy Lutsenko, Minister of Interior and introduction written by Gennadiy Udovenko, Chair of the Ukraine’s Parliamentary Committee on Issues of Human Rights, National Minorities, and International Relations. One article in the book was written by Yevgeniy Zakharov and Arkadiy Buschenko, (KhPG). The full bibliographical data of the book are as follows:
Протизаконне насильство в органах внутрішніх справ: Соціологічний та історико-правовий аналіз / Кол. авт.; За заг. ред. чл.-кор. АПрН України, д-ра юрид. наук, проф. О.Н. Ярмиша; Передм. Ю.В. Луценка і Г.Й. Удовенка. – Харків: Вид-во Нац. ун-ту внутр. справ, Харківська правозахисна група, 2005. – 212 с.
Monitoring of the case-law of the European Court of Human Rights concerning Ukraine [KhPG]
In order to implement the European Convention on Human Rights (ECHR) to the Ukrainian legal system KhPG has been monitoring consideration of the Ukrainian cases at the European Court of Human Rights; translating into Ukrainian all decisions and judgments concerning Ukraine, and disseminating these translations by various means. In the reported period KhPG has translated 20 judgments (merits) and 9 decisions on admissibility.
These include judgements on the following cases: Shmalko, Romashov, Piven, Zhovner Voitenko, Svetlana Naumenko, Bakay and others, Melnychenko, Mykhaylenky and others, Derkach and Palek, Bakalov, Dubenko, Demchenko, Sokur,Katsik, Varanitsa, Nevmerzhitsky, Novoseletsky, Afanasiev and Poltorachenko; and decisions on the following cases: Falkovych, Ivanova, Agrotehservic, Antonov, Artamonov, Gaevskiy, Ganenko, Denisov and Kechko.
KhPG placed all translations on sites www.khpg.org and www.rupor.org. In addition, KhPG started publishing these translations. KhPG has compiled texts for 5 volumes under series “Judgments of the European Court of Human Rights concerning Ukraine”, produced covers for the series and layouts of Volumes 2 and 3.
KhPG has published Volume 2, which includes 7 judgments (merits) on Article 3 of the ECHR (Poltoratskiy, Kuznetsov, Nazarenko, Dankevich, Aliev, Khokhlich and Gennadiy Naumenko cases) and Volume 3, which includes 30 decisions on admissibility/inadmissibility adopted by the Court in the period from 1998 to 2002.
Publication of Volume 1 is delayed on two reasons: (1) the standard length of the volume is around 300 pages, while the current draft is only 230-page long and therefore needs to be added with the 2005 decisions, which have come into force; and (2) KhPG has reached an agreement with judge Liliya Grigoryeva of Ukraine’s Supreme Court for her writing a foreword later this year.
Monitoring of 2004 military draft’s quality [Kharkiv Regional Union of Soldiers’ Mothers]
The aim of the monitoring:
(a) to find out the real state of health of the young men drafted to the military;
(b) to find out quality of medical commissions’ work at the district and regional military commissariats, as there are numerous reports that physicians are suspiciously complacent in discovering diseases thereby threatening the young men in question.
Spring draft:
In the course of the monitoring of military draft’s quality, the Union sent 65 letters to military units, where young conscripts from Kharkiv were serving. Five letters were returned due to the wrong addresses. Twenty eight written answers, or 49.2%, were received.
Analysis of the monitoring data confirms that a practice of drafting ill persons continues. For example, 11.6% were taken into hospital or medical unit within a month after persons came to their military units and 3.7% were chronically ill, which sharply worsened in first days of their stay with the military; 1.6% had a significant deficit of weight; 0.62% concealed their chronic condition from the medical commission.
Autumn draft:
After the autumn draft, the Union sent 45 letters to military units, where conscripts from Kharkiv and the Kharkiv Region were serving. The Union received 27 written answers, or 55.1% of the total, concerning 757 persons.
Analysis of the monitoring data also confirms that a practice of drafting ill persons is still in place.
The results of the work have been presented to KhPG in a form of 2 brief reports.
Summary Report on Monitoring of 2000-2004 military draft’s quality [Kharkiv Regional Union of Soldiers’ Mothers]
The Union has compiled a summary report on monitoring of 2000-2004 military draft’s quality. This is an outcome of the extensive work accomplished by members of the Union. The Union has published its findings in the form of a 34-page report.
Research of rights of servicemen (selected aspects) [Kharkiv Regional Union of Soldiers’ Mothers in cooperation with Dnipropetrovsk Regional Union of Soldiers’ Mothers]
The organizations conducted a research covering the following aspects of the matter:
- Monitoring of military draft’s quality;
- Conditions of military service;
- Hazing problem;
They also have been close to completion of the book “Rights of the Servicemen,” which will come out later in 2005.
Monitoring research on access to information in possession of law-enforcement agencies [KhPG]
During the first year of the Project KhPG sent over 150 requests for information to central and regional law-enforcement agencies and courts. Some agencies refused to provide such information or gave a formal reply. As to the prosecutor’s offices, the only way to obtain the necessary information from them was through court action. So KhPG filed 6 legal suits against the General Prosecutor’s Office, prosecutor’s offices of the Crimea, Sevastopol, the Lviv Region, Odessa Region, and Dnipropetrovsk Region.
In addition, in August of 2004, KhPG has prepared an application to the European Court of Human Rights (ECHR) on violations of Articles 6, 10, and 13 of the European Convention. The application was prepared concerning the actions of the General Prosecutor’s Office.
KhPG won the case against the General Prosecutor’s Office: the latter was obliged by court to give the requested information and eventually provided it. Final decisions on other cases are still pending.
In Sevastopol, KhPG won the case in court of the first instance, but the prosecutor’s office appealed and the appeal court upheld the appeal; KhPG appealed that decision in court of cassation.
In Lviv, the decision of court of the first instance is still pending, even though it is year-long process (the law requires to prosecute this category of cases within 10 days).
In Odessa, the prosecutor’s office wrote that it had sent the answer but it was reportedly lost by post-office; on this pretext, court turned down the complaint, and KhPG filed an appeal.
In Dnipropetrovsk, courts engaged in a red-tape “game”: a district court (of the first instance) made a decision ordering KhPG to revise the complaint, while sending the decision itself in three weeks; KhPG appealed it in the appeal court, the latter sent it back to the district court, which did the same thing again. This story has repeated 4 times (!) to date. KhPG has filed a complaint to the qualification commission.
Conducting the seminars and training for different target groups
Seminars for judges
Within the reporting period, 5 seminars for judges have been held in Kyiv (for judges of Supreme Court and Appeal Courts); Kharkiv, Kyiv, Odessa, and Lviv (for judges of local courts).
During 10-11 March 2005, KhPG with the assistance of the Kharkiv Regional Division of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; prohibition of torture and assessment of defendant’s confessions in court hearings” for judges of local (district) courts of the Kharkiv, Poltava, and Sumy Regions. The seminar was attended by 24 persons. Among its participants there were 22 judges and 2 members of NGO – 10 men and 14 women.
In the first day, Arkadiy Buschenko (KhPG), delivered lecture “Case-Law of the European Court concerning protection of the right to liberty: legality of detention, due procedure during detention hearing.” Zoryana Bortnovska (Kyiv), an assistant to Deputy President of Ukraine’s Supreme Court (until recently an Agent of the Government in the European Court) delivered lecture “Case-Law of the European Court (Article 3 of the European Convention).”
In the second day, lawyer Anna Yudkovska (Kyiv), a post-graduate student of Ukraine’s Bar Academy, told the audience about the right to fair trial, including the circumstances under which defendant’s confessions can be used. In the afternoon, the participants were engaged in a mute court and discussed its results.
During 14-15 March 2005, KhPG with the assistance of the central office of Ukraine’s Academy of Judges held a 2-day seminar “A role of courts in the prevention of torture and protection of the right to freedom in criminal procedure” for judges of Ukraine’s Supreme Court and Appeal Courts. The seminar was attended by 29 persons. Among the participants there were 2 Judges of Ukraine’s Supreme Court, 18 judges from 18 Regional Appeal Courts, 2 persons from the Office of Ukraine’s Ombudsperson, 5 lawyers from Kyiv, Kharkiv, and Simferopol, and 2 members of NGO – 20 men and 8 women.
In the first day, Yevgeniy Zakharov, Project Director, welcomed the participants and briefly told them about the Project, the goals and first results of the Campaign against torture and cruel treatment. Later he introduced Professor Isi Foighel, a senior researcher at the Danish Institute of Human rights and former Judge of the European Court of Human Rights. Professor Foighel delivered 2.5-hour lecture on various issues pertaining to the use of international standards of human rights in national practices. Drawing on his vast personal experience as the Judge of the European Court, when he was being involved in decision making process on a number of leading cases, he told the audience about main principles that the European Court use in interpreting the European Convention and its impact on the national legislation. Professor Foighel willingly and in detail answered many questions asked by the seminar participants. In the afternoon, Vasil Filatov and Stanislav Mishchenko, Judges of the Chamber on Criminal Cases at Ukraine’s Supreme Court delivered lectures “Right to fair trial: the use of defendant’s confessions in court hearing, court’s actions to verify claims about torture” and “Legislation and court practice in the area of arrest and detention,” respectively.
In the second day, Arkadiy Buschenko (KhPG) told about the prohibition of torture and national mechanism of their prevention. He also covered the issue of the European standards of protection of the right to liberty in the light of the new Code of Criminal Procedure pending adoption in Ukraine’s Parliament.
During 17-18 March 2005, KhPG with the assistance of the central office of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; prohibition of torture and assessment of defendant’s confessions in court hearings” for judges of local (district) courts of the Vinnitsa, Zhytomyr, Kyiv, Cherkasy, and Cherhigiv Regions. The seminar was attended by 31 persons. Among its participants there were 30 judges and 1 member of NGO – 18 men and 13 women.
In the first day, Arkadiy Buschenko (KhPG), delivered lecture “Case-law of the European Court concerning protection of the right to liberty: legality of detention, due procedure during detention hearing.” In the afternoon, lawyer Sergiy Goncharenko, Candidate of Law, Chair of the Department of Human Rights, European and International Law at Ukraine’s Bar Academy (Kyiv), told the audience about the right to defence in criminal procedure and professional rights of lawyers. After discussion, the participants studied a case for a mute court.
In the second day, Zoryana Bortnovska (Kyiv) gave a short overview of the European Court’s case-law concerning protection from torture. Anna Yudkovska (Kyiv) told the audience about the right to fair trial, including the circumstances under which defendant’s confessions can be used. In the afternoon, the participants were engaged the mute court and discussed its results.
During 13-14 June 2005, KhPG with the assistance of the Odessa office of Ukraine’s Academy of Judges held a 2-day seminar “Courts’ role in prevention of torture and protection of the right to liberty in the criminal process: the use of suspects’ confessions in the course of legal proceedings” for judges of local (district) courts of the Odessa and Kherson Regions. The seminar was attended by 29 persons. Among its participants there were 7 judges and 22 students at the Institute for Training of Professional Judges – 14 men and 15 women.
In the first day, Arkadiy Buschenko (KhPG), delivered lecture “Application of international standards. The European Convention, principles of interpretation and impact on the national law.” Oleksiy Gotsul (National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice) told about prohibition of torture, national mechanisms for prevention of torture, and positive obligations of the state. Lawyer Sergiy Goncharenko (Kyiv) discussed issues of fair trial and use of suspect’s (defendant’s) confessions to substantiate guilt and lawyers’ professional rights.
In the second day, Arkadiy Buschenko gave a short overview of the European Court’s case-law concerning protection from torture.
During 22-23 June 2005, KhPG with the assistance of the Lviv office of Ukraine’s Academy of Judges and KhPG’s regional partner, Legal and Political Research Centre “SIM,” held a 2-day seminar “Courts’ role in prevention of torture and protection of the right to freedom in the criminal process: the use of suspects’ confessions in the course of legal proceedings” for judges of local (district) courts of the Lviv, Volyn, Ivano-Frankivsk, Zakarpatska, and Rivno Regions. The seminar was attended by 18 persons. Among its participants there were 14 judges and 2 members of NGO – 11 men and 7 women.
In the first day, Zoryana Bortnovska (Kyiv) told about prohibition of torture, national mechanisms for prevention of torture, and positive obligations of the state. Nazar Kulchitskiy (National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice) discussed issues of fair trial and use of suspect’s (defendant’s) confessions to substantiate guilt. Sergiy Goncharenko (Kyiv) told the audience about the right to defence in criminal procedure and professional rights of lawyers.
In the second day, Arkadiy Buschenko delivered lecture “Case-law of the European Court concerning protection of the right to liberty: legality of detention, due procedure during detention hearing.” In the afternoon the participants were engaged in a mute court.
The participants of all seminars received literature, published by KhPG in the framework of the Project.
Seminars for law-enforcement personnel
During 17-26 May 2005, KhPG with the assistance of its new regional partners - offices of the National Scout Organisation of Ukraine “Plast” in Lutsk, Ternopil, and Ivano-Frankivsk, as well as Chernivtsi Regional Organisation “Human Rights” - held 4 seminars for law-enforcement personnel in Lutsk, Ternopil, Ivano-Frankivsk, and Chernovtsy: Lutsk (May 17-18), Ternopil (May 19-20), Ivano-Frankivsk (May 23-24), and Chernovtsy (May 25-26).
The seminars were attended by 251 persons:
- Lutsk: 50 persons, including 45 law-enforcement officers, 2 journalists, 3 members of NGOs;
- Ternopil: 85 persons, including 82 law-enforcement officers, 1 journalist, 2 members of NGOs;
- Ivano-Frankivsk: 46 persons, including 42 law-enforcement officers, 2 journalists, 2 members of NGOs;
- Chernovtsy: 70 persons, including 62 law-enforcement officers, 5 journalists, 3 members of NGOs.
The following lectures were delivered at the seminars:
- “Ukraine is a member to the European Convention of Human Rights” and “Cooperation between law-enforcement agencies and other institutions of civil society” (Lyudmila Klochko, KhPG);
- “Results of the sociological research of the public opinion on cruel treatment in the course of pre-trial investigation of crimes” (Yuriy Belousov, PhD (sociology), the National University of Interior);
- “Prohibition of Ill-Treatment in the European Convention (Article 3),” “Right for Freedom in the European Convention (Article 5),” and “Discussion of the draft on police arrest” (Arkadiy Buschenko, KhPG);
- “International standards for operation of law-enforcement agencies” and “International mechanisms for protection of human rights” (Ruslan Topolevsky, PhD (sociology), the National University of Interior/KhPG).
The speakers used interactive methods of presentation and elements of role-games. In the course of seminars, a new team of instructors was created. That team was able to turn the mix of individual lectures into an integral presentation.
The seminars were widely covered in the local media and received a good feed-back from the target group. In Lutsk, the seminar organisers held a round-table with top officers of the regional department of interior, including its head, all his deputies and heads of services. In Ternopil, the seminar organisers gave interview to newspaper “02” of the regional department of interior. In Ivano-Frankivsk, the seminar was shown on the local TV, including a personal appearance of Arkadiy Buschenko; the seminar organisers participated at a press-centre of the regional department of interior. In Chernovtsy, the seminar was shown by three local TV channels, including an interview with Lyudmila Klochko.
The participants of all seminars received literature, published by KhPG in the framework of the Project, including The Istanbul Protocol: The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (reprinted publication by KhPG).
Training seminars for lawyers
Within the reporting period, 5 training seminars for lawyers have been held in Kharkiv, Kyiv, Cherkasy, Odessa, and Lviv.
During 5-6 November 2004, KhPG held a 2-day training seminar “Protection of the right to freedom on the earlier stages of criminal procedure: detention and detention hearing” for Kharkiv lawyers. The seminar was attended by 19 persons. Among its participants there were 9 lawyers, 3 junior and assistant lawyers, 2 members of the Zaporizhya Regional Association of Judges, 1 senior student of the National Law Academy, 2 instructors of the National University of Interior, 2 members of NGOs – 13 men and 6 women.
In the first day, after an introductory address by the organisers and presentations by the participants, lawyer Arkadiy Buschenko (KhPG) delivered lecture “International and European Standards regarding Protection of the Right to Liberty: Essential Legal Conditions.” Grigoriy Aleynykov, a judge of the Zaporizhya Regional Appeal Court and President of the Zaporizhya Regional Association of Judges, told the participants about practical issues how to provide access of a lawyer to his/her client, and lawyer’s procedural actions. In the afternoon, there was a discussion, then lawyer Oleksandr Lesovoy (Simferopol) shared his experience on how to conduct first interview with a client and what should be done before a detention hearing.
In the second day, Arkadiy Buschenko told about detainee’s procedural guarantees during the detention hearing, and Oleksandr Lesovoy explained particularities of detention hearing (substantiation of the defence) and appeal (important points). Both presentations sparked vivid discussion among the audience, which was continued in the afternoon over consideration of a real detention case. In the conclusion of the seminar, Yuriy Belousov of the Kharkiv Institute of Social Research conducted a focus-group with target group “lawyers” concerning their attitude toward the use of torture for the social research carried out under the Project.
The effectiveness of the training seminar was highly assessed by the participants. Ms. L. Matishina, Director of private legal firm Viktorial, sent to KhPG a letter of gratitude for inviting their two legal specialists to the seminar.
During 19-20 March 2005, KhPG with the assistance of its regional partner, the International Society for Human Rights–Ukrainian Branch, held a 2-day training seminar “European standards regarding protection from torture and the right to liberty in criminal procedure” for lawyers in Kyiv. The seminar was attended by 22 persons from Kyiv, Donetsk, Chernigiv, Bila Tserkva (Kyiv Region), Odessa, and Mykolaiv. Among the participants there were 12 lawyers (including 2 presidents of regional bar associations), 5 junior and assistant lawyers, 1 senior student and 2 instructors of the Kyiv National University, 2 member of NGOs – 11 men and 11 women.
In the first day, Zoryana Bortnovska (Kyiv), an assistant to Deputy President of Ukraine’s Supreme Court (until recently an Agent of the Government in the European Court) delivered lecture “Case-Law of the European Court of Human Rights (Article 3 of the European Convention), and lawyer Arkadiy Buschenko (KhPG) delivered lecture “Case-Law of the European Court of Human Rights (Article 5 of the European Convention). Lawyer Anna Yudkovska (Kyiv), a post-graduate student of Ukraine’s Bar Academy, told the audience about the right to fair trial, including the circumstances under which defendant’s confessions can be used (Article 6 of the European Convention). In the afternoon, the organisers, in order to put theoretical knowledge received by the participants into practice, engaged them in a mute court. The first task was preparation of applicant’s claim for the European Court.
In the second day, lawyer Sergiy Goncharenko (Kyiv), Candidate of Law, Chair of the Department of Human Rights, European and International Law at Ukraine’s Bar Academy, explained criteria for admissibility of applications in compliance with the European Convention and European Court’s case-law. Then, the mute court, which started on the previous day, continued. The participants practiced in presenting applicant’s claim, preparing the government’s response and its presentation. The seminar finished with a discussion of the mute court’s outcomes.
One of the seminar participants, lawyer Andriy Chabanenko (Odessa) wrote an extensive article about the seminar in “Informational Bulletin” (No. 1, 2005) published by the Odessa Regional Bar Association, a copy of which he sent to Arkadiy Buschenko (KhPG). In his cover letter he wrote that he, along with his two colleagues, “became a kind of pioneers in practical implementing of ECHR [in Odessa], we have been gradually gaining experience, to a great extent thanks to you, the Kharkiv Human Rights Protection Group.”
During 10-11 June 2005, KhPG with the assistance of its regional partner, the Ukrainian Independent Public Society “Zakhyst,” held a 2-day training seminar “European standards regarding protection from torture and the right to freedom in criminal procedure” for lawyers in Cherkassy. The seminar was attended by 21 persons. Among the participants there were 13 lawyers and 8 junior and assistant lawyers – 12 men and 9 women.
In the first day Arkadiy Buschenko (KhPG) delivered 2 lectures “Case-Law of the European Court of Human Rights (Articles 3 and 5 of the European Convention). Lawyer Sergiy Goncharenko (Kyiv) told the audience about the right to fair trial, including the circumstances under which defendant’s confessions can be used (Article 6 of the European Convention). In the afternoon, the organisers, in order to put theoretical knowledge received by the participants into practice, engaged them in a mute court. The first task was preparation of applicant’s claim.
In the second day, Sergiy Goncharenko explained criteria for admissibility of applications in compliance with the European Convention and European Court’s case-law. Then, the mute court, which started on the previous day, continued. The participants practiced in presenting applicant’s claim, preparing the government’s response and its presentation. The seminar finished with a discussion of the mute court’s outcomes.
During 16-17 June 2005, KhPG with the assistance of the Odessa Regional Bar Association held a 2-day training seminar “European standards regarding protection from torture and the right to freedom in criminal procedure” for lawyers in Odessa. The seminar was attended by 14 persons. Among the participants there were 14 lawyers, – 10 men and 4 women.
In the first day, Lyudmila Klohcko (KhPG) addressed the audience with the introductory speech. Oleksiy Gotsul (National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice) delivered lecture “Case-Law of the European Court of Human Rights (Article 3 of the European Convention), and lawyer Arkadiy Buschenko (KhPG) delivered lecture “Case-Law of the European Court of Human Rights (Article 5 of the European Convention). Oleksiy Gotsul told the audience about the right to fair trial, including the circumstances under which defendant’s confessions can be used (Article 6 of the European Convention). In the afternoon, the organisers, in order to put theoretical knowledge received by the participants into practice, engaged them in a mute court. The first task was preparation of applicant’s claim.
In the second day, Arkadiy Buschenko explained criteria for admissibility of applications in compliance with the European Convention and European Court’s case-law. Lawyer Oleksandr Lesovoy (Crimea) told about lawyer’s strategy and tactics to prove facts of torture in the course of the national legal procedures. Then, the mute court, which started on the previous day, continued. The participants practiced in presenting applicant’s claim, preparing the government’s response and its presentation. The seminar finished with a discussion of the mute court’s outcomes.
During 19-20 June 2005, KhPG with the assistance of its regional partner, Legal and Political Research Centre “SIM,” held a 2-day training seminar “European standards regarding protection from torture and the right to freedom in criminal procedure” for lawyers in Lviv. The seminar was attended by 14 persons. Among the participants there were 9 lawyers and 5 members of NGO – 9 men and 5 women.
In the first day, Zoryana Bortnovska, (Kyiv) delivered lecture “Case-Law of the European Court of Human Rights (Article 3 of the European Convention) and Nazar Kulchitskiy (National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice) told the audience about the right to fair trial, including the circumstances under which defendant’s confessions can be used (Article 6 of the European Convention). In the afternoon, lawyer Arkadiy Buschenko (KhPG) delivered lecture “Case-Law of the European Court of Human Rights (Article 5 of the European Convention). The organisers, in order to put theoretical knowledge received by the participants into practice, engaged them in a mute court. The first task was preparation of applicant’s claim.
In the second day, Arkadiy Buschenko explained criteria for admissibility of applications in compliance with the European Convention and European Court’s case-law and Oleksandr Lesovoy told about lawyer’s strategy and tactics to prove facts of torture in the course of the national legal procedures. Then, the mute court, which started on the previous day, continued. The participants practiced in presenting applicant’s claim, preparing the government’s response and its presentation. The seminar finished with a discussion of the mute court’s outcomes.
The participants of all seminars received literature, published by KhPG in the framework of the Project.
Training seminar on access to information
During 19-22 April 2005, KhPG, along with organisation “Article 19” (UK), held a training seminar on access to information in Kyiv. Particularly for this event, KhPG translated from English into Ukrainian Freedom of Information Manual written by Richard Carver (Article 19); the training seminar was held according to techniques described in this manual. It consisted of 2 stages. The seminar was attended by 32 persons – 20 men, 12 women.
At first stage, during 19-20 April 2005, human rights activists were trained. Among the participants were members of the Project partners: Sevastopol Group for Human Rights Protection, Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine,” Chernigiv Public Committee of Human Rights Protection, All-Ukrainian Public Organosation “Pora” (from Kyiv, Irpen, Khmelnitskiy, and Rivno). Trainers were Richard Carver and Federica Prina (Article 19) and Yevgeniy Zakharov (KhPG). The aim of the training seminar was to prepare its participant s for holding similar training seminars for civil servants.
At second stage, during 21-22 April 2005, the training session followed the same technique, though trainers were the participants of the previous training session, while the participants were 15 civil servants: 10 judges from Appeal Courts from Mykolayiv, Simferopol, and Chernigiv, 3 members of the Ministry of Justice, 1 member of the Secretariat of the President and 1 member of the Ministry of Interior. The participants found the training seminar very useful and expressed a wish to hold similar training seminars for other members of their respective state agencies.
Building upon the experience gathered during this 4-day seminar KhPG and its regional partners plan in the third year of the Project to hold similar training seminars for civil servants in 10 regions, tentatively in the following venues: Kharkiv, Chernigiv, Kherson, Sumy, Khmelnitskiy, Rivne, Irpen (Kyiv Region), Kirovograd, Simferopol, and Sevastopol.
Preparing the materials for the course «Human Rights and Police»
During the second year of the Project, the National University of Interior took further steps to finalize the training course on human rights for students of the police universities consisting of 13 chapters. At present 6 chapters are complete:
Chapter І. The international system for providing human rights and freedoms and law-enforcing activity of the Ministry of Interior.
Chapter ІІІ. Legal provision of human rights and freedoms by the Ministry of Interior.
Chapter ІV. Activity of the Ministry of Interior on providing specific kinds of human rights and freedoms.
Chapter V. Right to freedom and specificity of its provision by the Ministry of Interior.
Chapter VІ. Provision of human rights to adequate, respectful and personal immunity in the course of interaction between officers of the Ministry of Interior and citizens.
Chapter VІІ. Police activity for provision of political rights of citizens to freedom of association, meetings, marches, and demonstration.
The results of the work have been presented to KhPG in a form of 6 chapters in WORD-format.
In order to ensure quality of the proposed course and textbook KhPG, with the financial assistance of the Open Society Institute (Budapest, Hungary), has invited as consultants and trainers the Helsinki Foundation for Human Rights (Warsaw) & Police Training Center in Legionovo, Poland (HFHR). These organizations have a long-term experience in conducting educational programs for police, in particular, they have participated in reforming of police officers training system in Poland, written a similar textbook for Polish police cadets, developed new educational programs, and still been invited to various schools of higher learning to give lectures on human rights.
HFHR will implement a 5-stage plan for their participation in the Project.
Stage 1 (preparation). A HFHR team will study basic legal documents regulating aims, functions, and competences of the Ukrainian police, familiarize itself with the Ukrainian educational and training system for police officers and current methodologies of education. It also will analyze the concept of teaching human rights prepared by NUI to date. To do that, HFHR will create a group of 3 experts, which will work together with NUI and KhPG to ensure professionalism in developing the course in question. Two experts will visit Kharkiv on a scientific mission early in the Project.
Stage 2. HFHR will conduct a 5-day seminar (for 20 participants) in order to introduce a group of NUI instructors to the current international standards on human rights, especially those dealing with police. In the end of the seminar, participants will be offered to analyze, how well the Ukrainian standards on human rights correspond to the information presented during the seminar.
Stage 3. HFHR will conduct a 5-day seminar (for 20 NUI instructors, who participated on Stage 2) in order to train them on the methods, which allow the NUI members to effectively implement them to their teaching of Ukrainian cadets. The priority will be given to interactive methods as more efficient than traditional lectures. For training of police officers, the following methodologies work best: interactive lecture, case analysis, case study, role-playing and simulation games, visualized lectures, and discussions.
Stage 4. Eight members of NUI and KhPG, who then will directly work on Stage 5, will go to Poland on scientific mission. They will learn about the Polish educational system for police officers, visit police academies and participate in the classes carried out there. The participants will have an opportunity to discuss and exchange experience with Polish instructors, familiarize themselves with human rights programs and Poland’s experience in reforming the educational system for police officers.
Stage 5. An international task-force (around 10 people) will be created of members of HFHR, NUI, and KhPG, who, based on the previous stages, including interactive methods, will develop a new training program and write a textbook for cadets. Two HFHR experts will visit Kharkiv on consulting mission in the last quarter of the Project.
During the third year of the Project, the University also will be implementing separate topics on human rights into the existing courses on criminal and administrative law, as well criminal and administrative procedure. In addition, textbook “Police and Human Rights in Ukraine” will be published. It will incorporate both theoretical foundations of law-enforcement agencies’ activities in the context of human rights protection and practical aspects related to specific activity of the Ministry of Interior.
1. Проти катувань №36(77): Аркадій Бущенко. Стаття 3 Конвенції про захист прав людини та основних свобод. Систематизований дайджест рішень Європейського Суду з прав людини./ Харківська правозахисна група. (Спеціальний випуск №36(77) інформаційно-аналітичного бюлетеня «Права людини») – Харків: Фоліо, 2005, 288 с. (1000 прим.) [Against Torture №36(77): Arkadiy Buschenko. Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms: Systemized Digest of Judgments by the European Court of Human Rights. Kharkiv: KhPG - Folio, 2005, 288 pp. (1,000 copies).]
2. Права людини і біженці. Виклад фактів №20. Харків: Харківська правозахисна група, 2004, 44 с. (1000 прим.) [Human Rights and Refugees: Fact Sheet No. 20. Kharkiv: KhPG, 2004, 44 pp. (1,000 copies).]
3. Робоча група з безпідставного затримання. Виклад фактів №26. Харків: Харківська правозахисна група, 2004, 44 с. (1000 прим.) [The Working Group on Arbitrary Detention: Fact Sheet No. 26. Kharkiv: KhPG, 2004, 44 pp. (1,000 copies).]
4. Рішення Європейського Суду щодо України: Випуск 2. Харківська правозахисна група. – Харків: Фоліо, 2004, 288 с. (2000 прим.) [Judgments of the European Court concerning Ukraine: Issue 2. Kharkiv: KhPG - Folio, 2004, 288 pp. (2,000 copies).]
5. Рішення Європейського Суду щодо України: Випуск 3. Харківська правозахисна група. – Харків: Фоліо, 2004, 280 с. (2000 прим.) [Judgments of the European Court concerning Ukraine: Issue 3. Kharkiv: KhPG - Folio, 2004, 280 pp. (2,000 copies).]
6. Протизаконне насильство в органах внутрішніх справ: Соціологічний та історико-правовий аналіз. – Харків: Вид-во Нац. ун-ту внутр. справ, Харківська правозахисна група, 2005. – 212 с. (1000 прим.) [Unlawful violence in law enforcement agencies: Sociological, legal and historical analysis/ Collective of authors; General Editor Fellow Member of the Academy of Legal Sciences of Ukraine, Doctor of Law, Professor O.N. Yarmish; Foreword by Y.V. Lutsenko and Introduction by G.Y. Udovenko. – Kharkiv: National University of Internal Affairs Publishing, Kharkiv Human Rights Protection Group, 2005. – 212 p. (1,000 copies)]
7. Зведений звіт моніторингу якості призову (весна 2000 – осінь 2004 років). - Харків: Харківська обласна спілка солдатських матерів, 2005 – 34 с. [The Combined report of the military draft quality (Spring 2000 – Autumn 2004) – Kharkiv: Kharkiv Regional Union of Soldiers’ Mothers, 2005. – 34 pp.]
8. Ричард Карвер. Свобода інформації: навчальний посібник для державних службовців. Пер. Р. Тополевький. - Харків: Харківська правозахисна група, 2005, 128 с. (500 прим.) 28 с. [Richard Carver. Freedom of Information Manual Kharkiv. Transl. R. Topolevskiy: KhPG, 2005, 128 pp. (500 copies).]
9. «Права людини» (ХПГ-Інформ). Інформаційний бюлетень Харківської правозахисної групи (июнь 2004 – июнь 2005, 24 номера, 800 прим.). [Human Rights (KhPG-Inform): Information Bulletin of the Kharkiv Human Rights Protection Group. June 2004 – June 2005, 36 issues (24 issues in Ukrainian, 12 issues in English).]
The following titles came out as second editions and additional prints:
10. Проти катувань №22(63): Міжнародні механізми запобігання катуванням та жорстокому поводженню/ Харківська правозахисна група. – Харків: Фоліо, 2004, 192 с. [Against Torture №22(63): International Mechanisms for Prevention from Tortures and Cruel Treatment. Kharkiv: KhPG - Folio, 2004, 192 pp.]
11. Проти катувань №27(68): Європейські механізми запобігання катуванням та жорстокому поводженню/ Харківська правозахисна група. – Харків: Фоліо, 2003, 160 с. [Against Torture №27(68): European Mechanisms for Prevention from Tortures and Cruel Treatment. Kharkiv: KhPG - Folio, 2004, 160 pp.]
12. Проти катувань №29(70): Аркадій Бущенко. Стаття 5 Конвенції про захист прав людини та основних свобод. Систематизований дайджест рішень Європейського Суду з прав людини./ Харківська правозахисна група. (Спеціальний випуск №29(70) інформаційно-аналітичного бюлетеня «Права людини») – Харків: Фоліо, 2003, 288 с. [Against Torture № 29(70): Arkadiy Buschenko. Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms: Systemized Digest of Judgments by the European Court of Human Rights. Kharkiv: KhPG - Folio, 2003, 288 pp.]
The publications under the Project have been distributing, as follows:
- At seminars for the target groups (human rights activists, judges, law-enforcement personnel, lawyers). Each participant receives a kit with materials on the topic of the seminar, which core is usually comprised by KhPG publications.
- At seminars on related projects KhPG is in. As a rule, at each seminar, KhPG sets up an exhibition of its latest publications. In addition, at the exhibition, seminar participants can fill an order for additional copies, which are sent to them later.
- In KhPG’s Kharkiv office and public reception office: directly or through filling an order for larger number of copies.
KhPG regularly send copies of its publications to public libraries throughout Ukraine, as well as to colleges and universities (to order). Information about new publications regularly appears on KhPG web-site (www.khpg.org) and information bulletins “Prava Ludiny” (Human Rights).