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Human rights in Ukraine – 2008. 1. The Right to life

27.06.2009

[1]

1. Prohibition of deprivation of life except in cases stipulated by law

In 2008 there were no killings recorded by the authorities for political motives.

The death penalty

Ukraine has ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights and the Additional Protocols No. 6 and No. 13 to the European Convention on Human Rights which in their entirety prohibit the death penalty under any circumstances.

On 15 April 2008 at a meeting with journalists, the Minister of the Ministry of Internal Affairs [MIA] Yury Lutsenko stated that he was personally in support of the death penalty for particularly serious crimes against the individual.[2] This statement elicited a wave of public protest[3], since it came not simply from a politician, but from a minister dealing with State policy in the field of protection of law and order.

On 19 April UHHRU issued an open statement regarding proposals to reinstate the death penalty in which it condemned the attempt at political manipulation by using the issue of the death penalty.[4]

Soon afterwards, on 22 April the Minister of MIA added that the death penalty should be reinstated with a deferment for 10 years. «During this period (10 years) a person sentenced to death will have the possibility to appeal against the court ruling at all stages envisaged by legislation», the Minister explained.

Despite public condemnation of this position the Minister has not changed his stand, although he has stopped making such statements. .

Permitted use of force resulting in death

In accordance with international standards the State is responsible for the actions and inaction of its representatives, including the law enforcement agencies, military and the personnel of prisons. In cases of urgent need, law enforcement officers may take a human life where there was no prior intention to kill in order to prevent a criminal running away or to protect any person from violence.

However there is often a failure to properly investigate whether the use of force by the law enforcement agencies was reasonable.

In 2008 52 criminal cases involving the use of firearms by police officers were investigated, these including 6 cases where the use of weapons was not warranted. As a result of the use of weapons by police officers 4 people died last year, and 27 were injured.

2. Measures carried out by the State to protect life: protection of the life of people under its control

The State is responsible for the life of people under its control, for example, while in places of deprivation of liberty or temporarily detained, the armed forces, State hospitals (especially those where people are undergoing compulsory treatment), etc.

There is a significant problem in the numerous violations of the right to life in places of deprivation of liberty or temporary detention (temporary holding facilities, or ITT; pre-trial remand centres or SIZO, penal institutions, etc). Appalling conditions, and medical treatment being often unavailable or inadequate, lead to people dying. A flagrant example was the case of Olha Biliak.

 

Case of Kats and Others v. Ukraine (application № 29971/04)

On 18 December the European Court of Human Rights passed judgment in the case of Kats and Others v. Ukraine finding that Ukraine had violated the right to life. The authorities had not fulfilled their duty to protect the life of Olha Biliak who had been detained on suspicion of committing a crime and was under the total control of the State.

The case involved the tragic death in February 2004 in the Kyiv SIZO No. 13 of poet Olha Biliak. the criminal charges against whom have yet to receive a final judgment.

Olha Biliak was arrested on 14 April 2003 and placed in pre-trial detention on suspicion of robbery. However the applicants and lawyers who worked on the case are convinced that the charge was trumped up.

Olha Biliak had a number of chronic illnesses which in the pre-trial remand centre and against the background of HIV infection rapidly worsened and required immediate treatment. Her father, Oleh Kats on 26 September 2003 wrote a letter to the SIZO Administration in which he demanded that his HIV-positive daughter be hospitalized. However, the prison authorities refused to transfer her to a specialist hospital. Similarly in January 2004 the Prosecutor turned down the request to release Olha.

While in custody, Olha Biliak kept a diary in which she described everything that was happening to her and those around her in the conditions of SIZO №13. After her death her father placed this diary on the Internet, and it can be read at http://olgabilyak.kiev.ua/. According to information from the diary, Olha’s health seriously deteriorated in December 2003. However, despite serious respiratory problems, a very high temperature and rapid weight loss, the necessary diagnosis was not carried out and treatment boiled down to the use of medication to keep down her temperature.

At the beginning of January 2004 Olha complained to doctors of stomach pain and vomiting and was diagnosed with chronic gastritis. On 21 January the SIZO Administration found her HIV-positive and on the basis of this on 29 January the local police department sent a request to release her.

Against a background of procrastination over her release, Olha Biliak died on 1 February within the walls of the SIZO. The official assessment concluded that she had died of an HIV-linked illness – progressive septic pneumonia. However the direct cause of death was also inadequate medical treatment while in the SIZO.

 

In 2008 convicted prisoners in penal institutions committed five murders, while four people received serious bodily injuries.[5]

We should also mention the situation with observance of the right to life in the Armed Services. Civic organizations receive information about cases of ««didivshchyna» (bullying or hazing of new conscripts), including those resulting in the death of a soldier. One can welcome an improvement in investigations into such reports and the conviction of those responsible in some prominent cases.

In 2006 26 military servicemen died in service under various circumstances. In 2007 this figure fell to 20, while according to the totals for 2008, it dropped to 14. Of the 14 who died while carrying out military service duties in 2008, 5 committed suicide, 3 died while carrying out household maintenance activities, 2 during military training, and one person died from a car accident, another drowned, another from an accident, while one person died as the result of inappropriate relations (the formal term for «didivshchyna») . Among those who died were 4 officers, 2 military servicemen from the Military Service on contract, and 8 military conscripts. In 2008 there were also 61 deaths among military servicemen not related to their service, i.e. during time off or on leave. For comparison, the figure for 2007 was 69.[6]

The following was the death linked with inappropriate relations.

The Head of the Military Law and Order Service in the Armed Forces of Ukraine, Major-General Fedir Makavchuk on 11 February 2008 informed the press about the death of a conscript Andriy Poperechny who on 10 February at around 16.40 during military formation lost consciousness and fell, dying 20 minutes later without regaining consciousness. According to the forensic medical examination, he died of heart failure caused by a blow to the chest. The Prosecutor of the garrison initiated a criminal investigation and the soldier who dealt the blow was taken into custody. The Commandant of the military unit and the company commander were suspended from their duties during the investigation[7] In October 2008 information emerged that the soldier involved had been sentenced to four years imprisonment. The killing was classified as manslaughter through carelessness. The Central Department of the Military Law and Order Service within the Armed Forces were also ordered to pay Andriy Poperechny’s parents and sister 80 thousand UAH each, as well as 42 thousand UAH in material damages.[8] It is odd that the management were not punished for «didivshchyna».

 

3. Measures taken by the State to protect life: other aspects

 

The number of deaths from external causes in everyday life between January and December

(broken down by cause of death and type of location)[9]

 

Urban and rural populated areas

Urban areas

Rural areas

 

2008

2007

2008

2007

2008

2007

Deaths

Total no. of deaths from external causes

 

59907

64989

37082

40545

22825

24444

This including

 

 

 

 

 

 

 – pedestrians suffering as the result of a transport-linked accident

3791

4677

2377

3004

1414

1673

- people involved in car accidents

2992

3653

2009

2542

983

1111

- other transport-linked accidents

2652

2967

1395

1630

1257

1337

- from falls

3378

3378

2417

2423

961

955

- from chance action of inanimate mechanical forces

466

473

252

281

214

192

- from drowning or immersion in water

3506

4283

1787

2173

1719

2110

- from other accidents preventing breathing

2467

2727

1417

1592

1050

1135

- Accidents involving smoke or fire

2569

2656

1221

1347

1348

1309

- accidents caused by natural factors

4401

4159

2839

2717

1562

1442

- accidental poisoning or the influence of alcohol

8119

8515

4692

4794

3427

3721

- from other accidental poisoning by toxic substances

2911

3113

1849

1979

1062

1134

- from deliberate self-injury (including suicide)

9436

10037

5298

5638

4138

4399

- from the results of an attack aimed at killing the person or inflicting injuries

3766

4229

2514

2885

1252

1344

- from cases of injury without clear intent

8255

8842

6328

6817

1927

2025

- other causes

1198

1280

687

723

511

557

Per 100 thousand head of population

Total no. of deaths from external causes

129, 5

139, 7

117, 2

127, 8

156, 0

165, 3

This including

 

 

 

 

 

 

 – pedestrians suffering as the result of a transport-linked accident

8, 2

10, 0

7, 5

9, 5

9, 7

11, 3

- people involved in car accidents

6, 5

7, 8

6, 4

8, 0

6, 7

7, 5

- other transport-linked accidents

5, 7

6, 4

4, 4

5, 1

8, 6

9, 0

- from falls

7, 3

7, 3

7, 6

7, 6

6, 6

6, 4

- from chance action of inanimate mechanical forces

1, 0

1, 0

0, 8

0, 9

1, 5

1, 3

- from drowning or immersion in water

7, 6

9, 2

5, 6

6, 9

11, 7

14, 3

- from other accidents preventing breathing

5, 3

5, 9

4, 5

5, 0

7, 2

7, 7

- Accidents involving smoke or fire

5, 6

5, 7

3, 9

4, 2

9, 2

8, 8

- accidents caused by natural factors

9, 5

8, 9

9, 0

8, 6

10, 7

9, 7

- accidental poisoning or the effect of alcohol

17, 6

18, 3

14, 8

15, 1

23, 4

25, 2

- from other accidental poisoning by toxic substances

6, 3

6, 7

5, 8

6, 2

7, 2

7, 7

- from deliberate self-injury (including suicide)

20, 4

21, 6

16, 8

17, 8

28, 3

29, 8

- from the results of an attack aimed at killing the person or inflicting injuries

8, 1

9, 1

7, 9

9, 1

8, 5

9, 1

- from cases of injury without clear intent

17, 8

19, 0

20, 0

21, 5

13, 2

13, 7

- other causes

2, 6

2, 8

2, 2

2, 3

3, 5

3, 8

 

It can be seen from these figures that most deaths are as the result of traffic accidents, alcoholic or other poisoning, and suicide.

The imposition in November 2008 of considerably greater punishment for violation of the Road Code significantly reduced the number of people who died from road accidents. This can explain the fall in number of traffic-related fatalities as compared with 2007.

There are virtually no effective State programmes to counter alcoholism and suicide.

 

Deaths from specific medical causes

 

2008

2007

deaths

per100000 head of population

deaths

per100000 head of population

Total number of deaths

754462

1631, 0

762877

1640, 3

including

 

 

 

 

Some infectious and parasitic diseases

16999

36, 7

16802

36, 1

Including tuberculosis

10301

22, 3

10506

22, 6

HIV-related illnesses

4997

10, 8

4541

9, 8

Tumours

89042

192, 5

90030

193, 6

Blood and vascular diseases, and particular problems involving:

 

 

 

 

Immune mechanisms

315

0, 7

351

0, 8

Endocrinal diseases and digestive disorders

 

 

 

 

and problems with metabolism

2827

6, 1

3087

6, 6

Psychological disorders and dysfunctional behaviour

2849

6, 2

3014

6, 5

Including psychological disorders or dysfunctional behaviour due to the use of alcohol

2079

4, 5

2266

4, 9

Nervous system disorders

7342

15, 9

7047

15, 2

Disease of the eye and its supplementary apparatus

1

0, 0

2

0, 0

Disease of the ear and papillary growths

44

0, 1

55

0, 1

Vascular disorders

480260

1038, 2

480624

1033, 4

Including alcohol-related cardiomyopathy

9030

19, 5

8985

19, 3

Respiratory disorders

23322

50, 4

25075

53, 9

Digestive system disorders

35231

76, 2

33595

72, 2

Including alcohol-linked liver disease

5109

11, 0

4813

10, 3

Skin and subcutaneous disorders

546

1, 2

559

1, 2

Skeletal and muscle system and

 

 

 

 

Connective tissue

722

1, 6

721

1, 5

Diseases of the urinary and genital organs

3160

6, 8

3295

7, 1

Pregnancy, childbirth and post-natal complications

80

0, 2

94

0, 2

Specific conditions arising during:

 

 

 

 

the prenatal period

2620

5, 7

2507

5, 4

Congenital disorder or defect

 

 

 

 

Chromosomal anomalies

2088

4, 5

2212

4, 8

Unidentified or unspecified causes

26254

56, 7

27829

59, 8

External causes of death

60760

131, 3

65978

141, 9

transport-linked accidents

9605

20, 8

11463

24, 6

from drowning or immersion in water

3514

7, 6

4296

9, 2

accidents involving smoke or fire

2601

5, 6

2698

5, 8

accidental poisoning or the influence of alcohol

8119

17, 6

8515

18, 3

other accidental poisoning by toxic substances

2944

6, 4

3188

6, 9

suicide

9436

20, 4

10037

21, 6

The results of an assault aimed at killing or inflicting injury

3766

8, 1

4229

9, 1

 

One should also pay attention to a small reduction in infant mortality. In previous years this figure consistently rose. However there has been a small increase in the number of unknown or unspecified deaths which in total reach 4.5%. This figure would seem too high and could suggest concealment of the real causes of death.

Over 75% of children die of perinatal pathology and congenital development disorders. A lot of people believe that this is due to the limited possibilities of Ukrainian medicine to provide high-quality diagnosis and qualified assistance through a lack of modern equipment, [10] as well as due to doctors’ negligence.

 

Infant deaths (up till the age of 1) broken down by cause of death [11]

 

2008

2007

infants

Percentage of the total

infants

Percentage of the total

Total number of deaths 

5049

100, 0

5188

100, 0

from the following causes:

 

 

 

 

Some infectious and parasitic diseases

161

3, 2

192

3, 7

Among them, tuberculosis

2

0, 0

3

0, 1

viral diseases

 

 

 

 

HIV

10

0, 2

19

0, 4

Tumours

53

1, 0

53

1, 0

Blood and Vascular diseases, and particular problems with the immune system

26

0, 5

52

1, 0

Endocrinal diseases and digestive disorders

 

 

 

 

and problems with metabolism

42

0, 8

46

0, 9

Nervous system disorders

140

2, 8

168

3, 2

Vascular disorders

66

1, 3

60

1, 2

Respiratory disorders

136

2, 7

183

3, 5

Including influenza and pneumonia

78

1, 5

123

2, 4

Digestive system disorders

33

0, 7

32

0, 6

Specific conditions arising at the perinatal stage

2620

51, 9

2507

48, 3

Including heart or vascular disorders in the prenatal stage

1251

24, 8

1214

23, 4

Specific infections of the perinatal period

493

9, 8

445

8, 6

Haemoglobin linked disorders in the foetus or new-

 

 

 

 

born baby

553

11, 0

496

9, 6

Congenital development disorder or deficiency and

 

 

 

 

Chromosome anomalies

1240

24, 6

1331

25, 7

Including congenital disorders of the

110

2, 2

127

2, 4

nervous system

 

 

 

 

Congenital vascular problems

449

8, 9

523

10, 1

Congenital problems of the digestive system

100

2, 0

103

2, 0

Other illnesses

3

0, 1

9

0, 2

Unspecified or unknown causes of death

229

4, 5

224

4, 3

External causes of death

300

5, 9

331

6, 4

 The results of an assault aimed at killing or inflicting injury

14

0, 3

20

0, 4

 

From time to time cases emerge involving medical blunders and the victims of these. Some cases have involved deaths.

 

Case involving infringements of patients’ rights

A woman from Pervomaisk in the Kharkiv region was registered and undergoing examinations in connection with her second pregnancy in a women’s consultation unit where she lived. She was examined three times, including with an ultra scan. Between 36 and 38 weeks of pregnancy she did not have an ultra-scan examination due to the lack of equipment in the district hospital where the maternity unit was located.

Four days before her labour she was hospitalized in the maternity unit complaining of stomach pain. However no additional examination or treatment was ordered and she was sent home. Also, in connection with a diagnosis of foetal placenta insufficiency and in breach of Ministry of Health Order No. 503 she was not sent for a higher level clinic (third level).

On the day of labour she again came to the maternity unit where she had already spent four days complaining of pain in the area of the stomach. The beginning of labour was artificially induced via an incision in the foetal sack. However the first part of the labour was not in accordance with the norms for labour with it taking too long to open the cervix. This reflected a secondary weakness of the labour activity and required that a caesarean be carried out in accordance with clinic protocols. However the midwife doctor involved in the labour lost control over how it was run. He infringed the protocol of control over running the labour, the heartbeat of the foetus was not measured and recorded, nor was a partogram taken. It is claimed that there was a failure to intervene in timely fashion when the situation demanded it. The foetus had the umbilical cord wound around its neck, which had not been diagnosed due to the lack of an ultra-scan examination, and in connection with the development of secondary weakness of labour activity, died within the womb at an unknown time. The doctor lost control over the running of the labour which is his functional duty, this making him culpable for damaging the health of the woman giving birth. An operation which was damaging to the foetus was carried out within the womb. There are a number of documents, including an expert medical opinion indicating the doctor’s share of blame.

The woman has lodged a claim with the court in defence of her rights.

 

 

There is no law to protect the interests of victims of medical error. However the main problem is not even the fact that this or that Article of the Criminal Code is difficult to apply due to unclear or too narrowly worded provisions. The problem is that the Ministry of Health at one stage lobbied to have prerogative in carrying out expert assessments of medical activities whereas this should have been under the jurisdiction of the Ministry of Justice. Any expert assessment is carried out by the Ministry of Justice with only medical ones for some reason left to the Ministry of Health. Clearly those accused or suspected of an offence cannot check their own behaviour. If you then add the closing of ranks, it is easy enough to predict the court prospects of such cases

 

4. The State’s duty to ensure an effective investigation into the taking of a life

The State is obliged to ensure the enforcement of laws which prohibit the arbitrary taking of life by ensuring proper investigation into all suspicious cases of deprivation of life. The investigation must be carried out efficiently and without delay, and demonstrate effectiveness and independence.

Investigations are fairly often carried out without observance of such principles.

It is also worth analyzing what protection people have against unlawful deprivation of life, since this also reflects the effectiveness of the investigations carried out.

 

Crimes causing the death of the victim[12]

 

Crimes registered

Percentage solved %

Crimes investigated (uncovered)[13]

Unsolved crimes as of 1.01.2008

2007

2008

change %

2007

2008

 

2007

 

2008

Particular types of crimes

Murder (or attempted murder)

2906

2707

-6, 8

93.7

93, 1

2990

2802

7103 (209 in 2008)

Intentional grave bodily injury

5486

5055

-7, 9

88, 8

91, 4

5189

4972

17939 (465)

including

Those resulting in a fatality

1850

1633

-11, 7

92.8

94, 2

1802

1687

--

Infringements of road safety

13526

11294

-16, 5

65, 8

76, 4

10193

10369

--

including

Those resulting in a fatality

3569

2852

-20, 1

64, 8

77, 6

2581

2629

9472

 

One should note that the number of registered crimes gives only the statistics for criminal investigations actually initiated. However it is not unusual for investigations to not be initiated, especially in equivocal cases or where the investigators have a particular interest. There are especially often refusals to launch a criminal investigation where it was law enforcement officers who took a life, over death as the result of a road accident, in places of deprivation of liberty, etc.

Most reports of a crime are returned without a criminal investigation being launched (according to MIA figures – around 75%). Without such a criminal file it is virtually impossible to carry out a proper investigation. One cannot, for example, organize a forensic medical analysis, or apply other investigative measures (for example, a search). In many cases the witnesses are not even question, not to mention the use of all measures for examining a crime. Witnesses are also not criminally liable for giving false testimony if a criminal investigation has not been launched. Later refusals to initiate criminal investigations can be revoked by the courts however more often than not that does not have an impact on the effectiveness of the investigation. For victims of a crime it is difficult to receive access to the material of an investigation, or in the case of a refusal to open a criminal file, totally impossible. They are virtually never informed about the course of the investigation. There is also a problem with recognition of the procedural position of the victim in criminal cases launched, this being through a separate resolution by the criminal investigator.

For example, in the already outlined case of Kats and others v. Ukraine (Application № 29971/04), the European Court of Human Rights in its judgment from 18 December 2008 found that there had been violation, amongst others, of Article 2 of the European Convention which stipulates procedural obligations regarding protection of the right to life. The Court found, for example, that there had not been an effective and independent investigation into Olha Biliak’s death in the SIZO. The case had been investigated by the Prosecutor’s Office for 4 years and 9 months and was still continuing. During this time courts had three times revoked the resolution refusing to initiate a criminal investigation. The Prosecutor’s Office, in its turn, had not undertaken actions which were the cause of these court rulings. Furthermore, the prosecutor’s office avoided investigated what in the view of the victims was the cause of Olha Biliak’s death – the quality of the medical assistance she was given. Certain investigative measures specifically the questioning of Olha’s cellmates was carried out by the SIZO Administration, this not complying with the criteria of independence of the investigation. The Prosecutor had made no effort to question these 8 people. The rights of the victims were violated during the investigation. For example, their status was not defined, they were refused access to the results of the investigation, not informed about the course of the investigation, or that it was not being continued, etc.

The European Court of Human Rights had previously found that the investigation into the case of Gongadze v. Ukraine[14] had been ineffective, given the serious details and gaps in the investigation which undermined the ability of the investigators to establish the cause of death or those responsible, whether the direct perpetrators, or those who ordered or organized the crime.

Later in the case of Serhiy Shevchenko v. Ukraine[15] the European Court also found a violation of the right to life due to the failure to carry out an effective and independent investigation into the death of a person while doing military service. The Court stated that the investigation had not been consistent, had contained significant failings, that not all evidence had been thoroughly examined, and that certain evidence, for example, testimony of the victim’s relatives and friends about his having no suicidal inclinations had not been taken into consideration at all. Furthermore the investigation had not been independent given that it had at the initial stage been carried out by military people who might have been implicated in his death, and later by the Military Prosecutor who was also not independent since the detectives and criminal investigators have to observe military discipline. The application had also not been granted victim status in the investigation.

All of these cases indicate a number of significant systemic problems with investigations into deaths arising in very many cases.

The Prosecutor also agrees that investigations are carried out slowly, that criminal files are often not opened in timely manner, and that priority investigative measures are not of a high standard. Cases have become common where unlawful decisions are taken to terminate the criminal investigation and close the file. As a result of this during 2008 the Prosecutor revoked 59.1 thousand resolutions terminating investigations, 6.5 thousand resolutions to close a criminal file and issued 57.6 thousand written instructions.

The Prosecutor acknowledges that often the place where bodies were found is examined not by criminal investigators, but by police inspectors or detective inquiry officers, without the involvement of forensic medical experts. This leads in future to incorrect procedural decisions being taken, including the decision to refuse to initiate a criminal investigation over signs of a violent death. Last year the Prosecutor revoked 48 such decisions, initiating action at the same time under Articles 115-119 of the Criminal Code.

Overall, according to information from the Prosecutor General, over 118.8 thousand crimes, or one in three of the crimes committed in 2008, remain unsolved. The total number of unsolved crimes including figures for previous years exceeds 2 million, of which over 1 million were grave or particularly grave crimes, more than 7 thousand murders, and over 9 thousand fatal road accidents.[16]

 

5. Disappearances

Ukraine has not signed the UN International Convention for the Protection of All Persons from Enforced Disappearance.

No cases were reported last year of politically motivated disappearances.

 

6. Recommendations

1) Introduce effective independent mechanisms for investigating deaths, especially those caused by the actions of law enforcement officers.

2) Change criminal procedure legislation in order to provide more rights to victims, including to the families of those killed, and to increase their impact on the course of the investigation. It should be made compulsory to allow the victim the opportunity to see all material of the case after its conclusion.

3) Pass a Law «On patients’ rights» providing safeguards for the observance of patients’ right to life.

4) Ensure the availability of independent forensic medical examinations for assessing causes of death.

5) Introduce proper mechanisms for ensuring adherence to legislation in the work of the law enforcement agencies, as well as appropriate government and public control.

6) Carry out reforms into health care aimed at preventing the rise in infant and child mortality

7) Sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance passed on 20 December 2006 (Resolution of the UN General Assembly A/RES/61/177).

 



[1] Prepared by Volodymyr Yavorsky, UHHRU Executive Director.

[2] Lutsenko wants to reinstate the death penalty // the UNIAN Information Agency 15.04.2008 http://human-rights.unian.net/ukr/detail/187527; Information in English can be found at http://khpg.org.ua/en/index.php?id=1209043568

[3] Cf. Human rights defender: Lutsenko’s statements on the death penalty are absurd // http://tsn.ua/ua/ukrayina/pravozahisnik-zayavi-pro-smertnu-karu-absurd.html.

[4] UHHRU Open Statement regarding the proposal to reinstate the death penalty in Ukraine // http://khpg.org.ua/en/index.php?id=1208603992

 

[5] Information “On the level of lawfulness in the country in 2008 (in accordance with Article 2 of the Law “On the prosecutor’s office”)

[6] Head of the Military Law and Order Service in the Armed Forces of Ukraine, Major-General Fedir Makavchuk: “The coefficient of expenditure on people calculated per 1, 000 military servicemen, decreased from 0.13 in 2007 to 0.09 in 2008.” // News from the Press Service of the Ministry of Defence, 10.01.2009, http://mil.gov.ua/index.php?lang=ua&part=news&sub=read&id=13908.

[7] “At the present time it is known that military serviceman Andriy Poperechny died from reflex heart failure as the result of being struck with the palm of the hand in the chest. This diagnosis was given by forensic medical experts”, - Major-General Fedir Makavchuk // News from the Press Service of the Ministry of Defence 11.02.2008,   http://mil.gov.ua/index.php?lang=ua&part=news&sub=read&id=11211;  http://mil.gov.ua/index.php?lang=ua&part=news&sub=read&id=11209.

[8] “The killer of our son asked our forgiveness, assuring us that with Andriy and other victims during military service he had been on friendly terms” // the newspaper ‘Facts and commentaries’ 15.10.2008  http://facts.kiev.ua/archive/2008-10-15/90938/index.html.

[9] Information from the State Committee of Statistics http://ukrstat.gov.ua/express/expr2009/0209/38_doc.zip

[10] See, for example, Children’s life for half a million // Tetyana Katrychenko “Glavred”, 21.03.08 http://ua.glavred.info/print/articles/12889.prn.

[11] The demographic situation in Ukraine in 2008. Express Bulletin. State Committee of Statistics. http://ukrstat.gov.ua/express/expr2009/0209/25_doc.zip.

[12] According to official MIA statistics for 2008. Available on the MIA website: http://mvs.gov.ua/mvs/control/main/uk/publish/article/control/main/uk/publish/article/170319  

[13] This refers to criminal investigations submitted to the court. It should be noted that according to figures from the State Judicial Administration of Ukraine, on average 11-14 thousand criminal investigations are returned each year from the courts for further investigation (in accordance with Articles 232, 246, 281 and 249-1 of the Criminal Procedure Code), this being approximately 6-8% of the total number of criminal investigations.

[14] Application № 34056/02, Judgment from 9 November 2005, http://echr.coe.int/

[15] Application № 32478/02, Judgment from 4 April 2006, http://echr.coe.int/ 4 квітня 2006 року, http://khpg.org.ua/index.php?id=1179480242.

[16] Information “On the level of lawfulness in the country in 2007 (in accordance with Article 2 of the Law “On the prosecutor’s office”)

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