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KHARKIV HUMAN RIGHTS PROTECTION GROUP ANNUAL REPORT 2014

Contents

1. General notes 

2. Human rights defense through KHPG Public Reception Office 

3. Providing strategic litigations through KHPG Strategic Litigations Center                 

4. Struggle against political persecutions 

5.  Civic campaign torture and ill-treatment 

6. Monitoring implementation of decisions of international bodies 

7. Monitoring and defence of freedom of expression and of the right to privacy

8. Struggle against discrimination, racism, xenophobia and hate crimes  

9. Security Services in a Constitutional Democracy: oversight and accountability

10. Dissemination of information on human rights and basic freedoms in Ukraine, civil

education and aware-raising activities 

11. Studies of history of human rights movement in USSR and Ukraine and

history of political repression in USSR 

12. Development of the Human Rights NGOs Network 

13. KHPG participation in the events 21 November2013 – 22 February, 2014

14. KHPG organisational development

Appendix. List of the grants

 

 

1. General notes

According to the Strategic Plan for 2012-2015 KHPG works in the following strategic areas:

1. Defense of victims of human rights violations in specific cases. It includes:

a) Providing assistance to individuals whose rights have been infringed,

b) Carrying out investigations into cases of human rights violation;

c) Providing strategic litigations in national and international proceedings.

2. Civic education and enlightenment on human rights, collection and distribution of information on human rights. It includes:

a) Gathering information on human rights violations and sending corresponding data to the relevant persons, organizations and mass media as well as state bodies;

b) Developing human rights education and promoting legal awareness through public actions, educational events and publications.

3. Monitoring, analysis and improvement of the human rights situation in Ukraine, i.e.:

a) Providing analysis of the human rights situation in Ukraine, assessment of current legislation and draft laws from the point of view of their compliance with international human rights law;

b) Monitoring law-applying administrative and judicial practice in the context of human rights observation;

c) Appealing to legislative, executive and judicial authorities on problems concerning human rights.

In addition, KHPG works in the following specific areas:

4. Study of history of human rights movement in USSR and Ukraine and history of political repression in USSR as well as development of KHPG physical and electronic archive on the history of dissident movement in Ukraine.

5. Developing a human rights network which connects local human rights organizations throughout Ukraine. KHPG fulfills a vital function as resource and information center.

6. KHPG organizational development.

Of the full range of human rights KHPG usually selects several key rights and freedoms, which are currently the most up to date, and implements work with them as described above in 1-3. Consideration of individual rights KHPG combines well with the analysis and monitoring of the activities of certain government bodies, considering in this case all the rights and freedoms are violated by these bodies. Accounting main trends of state development, KHPG provides the following programs in 2012-2015:

1. Human rights defense through KHPG Public Reception Office (PRO)

2. Providing strategic litigations through KHPG Strategic Litigations Cases (SLC)

3. Struggle against political persecutions

4. Civic campaign against torture and ill-treatment

5. Monitoring implementation of judgments of international bodies

6. Defense of freedom of expression, access to information and right for privacy; increasing transparency and openness of work of public administration bodies and local self-government bodies

7. Struggle against discrimination, racism, xenophobia and hate crimes

8. Security services in a constitutional democracy: oversight and accountability.

9. Dissemination of information on human rights and basic freedoms in Ukraine, civil education and aware-raising activities.

To improve its performance KHPG should also take care of its organizational development: to improve the organizational structure, management system, fundraising and communication (internal and external), to improve the knowledge and skills of the staff, to ensure the conditions for it to work effectively, to attract young professionals who sharing the values and goals KHPG.

Total expenditures of the Group were 10 439 676 UAH. Please, see list of donors in the Appendix.

2. Human rights defense through KHPG Public Reception Office

In 2014 KHPG has provided consultation and help to 4670 victims of human rights violations (3082 through PRO, 1588 – to drug users and people living HIV/AIDS). 2339 (50.1%) among them were women, 2331 (49.9%) – men. 29 among them were victims of torture and/or ill-treatment. 8 were complaining on arbitrary detention, arrest or violations during investigation. 228 people complained as to total ignorance of their complaints and/or applications to competent state bodies. 105 people complained on violation of right to a fair trial, including 23 complaints on exorbitant lengths of proceedings before national courts and 47 complaints – on failure to enforce judgments at law. 782 people complained on violation of right to housing. 224 were complaining on violation of the right to property, 111 – on violation of the right to labor, 56 – on violation of the right to health protection and medical care, as well as 508 – on violation of right to social protection. The situation with the applicant’s complains to KHPG PRO can be shown more detailed in the following table:

 Complains

KHPG Public Reception Office

Torture and/or ill-treatment

29 (1.1%)

Arbitrary detention arrest or violations during investigation

8 (0.3%)

Violations during court procedures

35 (1.3%)

Exorbitant length of proceedings

23 (0.85%)

Failure to enforce judgments at law

47 (1.75%)

Compensation of damage

38 (1.4%)

Ignorance of complains by authorities

228 (8.4%)

Arbitrariness

130 (4.8%)

Freelance relations in army

4 (0.2%)

Inadequate medical examination before call-up

6 (0.2%)

Labour litigations

111 (4.1%)

Inadequacy or flagrant denial of medical help

50 (1.9%)

Severe sentence

4 (0.1%)

Right for private or/and family life

107 (3.9%)

Civil litigations

224 (8.3%)

Housing cases

782 (29%)

Freedom of assembly and associations

3 (0.1%)

Freedom of expression

8 (0.3%)

Discrimination

2 (0.1%)

Freedom of religion

 

Trafficking

2 (0.1%)

Pension/social maintenance

508 (19%)

Criminal case

198 (7.3%)

Administrative misdemeanour

7 (0.3%)

Assault, threat or other influence on human rights defender / activist

4 (0.1%)

Other

138 (5.1%)

KHPG PRO has provided various consultations and help that can be summarized as follows:

Provided help

KHPG

Informing

219 (8.1%)

Consulting

1620 (60.3%)

Repeated consultation

605 (22.5%)

Mediation

7(0.2%)

Assistance in the preparation of procedural documents

111(4.2%)

Preparation of law suits

19 (0.7%)

Representation in the court

29 (1.1%)

Inquire on behalf of the applicant

24 (1.%)

Preparation of the application to European court

28 (1.1%)

Transference to another organization

3 (0.1%)

Conduction of campaign

3 (0.1%)

Rendering the literature

1 (0%)

Denial

7 (0.2%)

Remained without reply

 

Other

13 (0.5%)

Lawyers of the KHPG PRO prepared 294 legal suits (including 183 suits to the courts) and initiated 29 new court processes. 55 court cases have been won, including 2 cases in the ECtHR. In addition, they have prepared 87 applications to the European Court of Human Rights (ECtHR). 31 cases for individuals on human rights violations have considered through mediation/negotiation. All these cases have successfully been won.

3. Providing strategic litigations through KHPG SLC

The KHPG legal officers provided assistance and representation in national and international court proceedings of victims of human rights violations in 152 strategic litigations, including 140 own initiated and 12 picked up at the stage of communication. 6 cases in the ECtHR have been won. SLC lawyers drew up and submitted 45 new applications to the ECtHR and 4 applications according to the Rule 39 of the Rules of the Court. 49 cases have been won in the national courts. In total, 107 strategic cases are considered in the national courts (95 new cases, 12 cases from 2013).

Additionally, KHPG considers court proceedings on cases concerning drug users and people living with HIV/AIDS as strategic litigations. Results of these litigations are as follows. KHPG lawyers participated in the 154 court processes. 20 court cases have been won. Furthermore, 40 cases of this category for individuals on human rights violations have considered through mediation/negotiation. All these cases have successfully been finished.

In connection with the Euromaidans' events and military conflict in the Eastern Ukraine, there were new brutal human rights violations such as summary and extra judicial killings, politically motivated torture, enforced disappearances, and arbitrary detentions as well as war crimes. That is why KHPG expanded the mandate of SLC. As a result, in 2014 the number of strategic cases that SLC considered is significantly increased.

A brief description of the KHPG strategic litigations for 2014 is given in the KHPG portal «Human Rights in Ukraine»: khpg.org

4. Struggle against political persecution in Ukraine

Before 22 February 2014 KHPG continued to defend human rights and democratic values in concrete cases of political persecutions and to protest against the actions of the government, violating human rights and fundamental freedoms of expression, gatherings, assemblies, movement, and so on. KHPG experts analysed actions of the authorities, first of all, the Ministry of Interior and its regional departments, General Prosecutor Office and regional prosecutor offices, Security Service of Ukraine, State Penitentiary Service and its regional departments, courts and commented on them on its website and in another media. KHPG was also preparing statements, petitions and protest actions, distributing information about events and the actions of civil society through press conferences and other promotional campaigns.

After the 22 of February KHPG continued monitoring of political persecutions against so-called separatists, «enemies of Ukraine» and state officials. KHPG experts prepared a draft law «On lustration in Ukraine» based on internationally recognised human rights standards in order to prevent human rights violations and avoid misuse of law in the lustration process. KHPG translated and published eight ECtHR judgments in the lustration cases against Poland, Check Republic, Latvia, and Slovakia. Draft law on lustration, created by KHPG experts, was proposed for consideration in the parliament by MPs Valeriy Patskan and Irina Lutsenko on 8 April.

By our opinion the Parliament selected the most unsuccessful draft law on lustration from five existed drafts. The law was adopted on 16th September after 7 attepmts to vote for it. It should be noted that MPs did not see draft law that they voted for. The text of the adopted law was published in 10 days after the adoption. Practice of fulfilment of the law is unsuccessful. KHPG made many oral statements and written publications on necessity to change the law. But the law on lustration has not been changed in the reported period.

5. Civic campaign against torture and ill-treatment

Development and strengthening a network for preventing torture. We developed quite strong working connections between regional human rights NGOs, journalists and lawyers in order to inform on and investigate of ill-treatment cases. Members of the network have extended advisory aid to the citizens, conducted public investigations within their competence and extended aid by professional lawyers cooperating with KHPG. The reports sent by the network partners were collected, generalised, and published in the specialised KHPG’s site «Proty Katuvan» (Against Torture) and KHPG portal «Human Rights in Ukraine». KHPG workers and other members of the network took part in visits to detention places jointly with the representatives of the Ombudsman’s office according to the OPCAT. Members of the network also held many awareness-raising events in their regions.

After the recent changes in legislation (of 8 April. 2014) and amendments to the Criminal Executive Code of Ukraine (CEC) the monitors from civil society, journalists and doctors may freely carry out the visits without the previous announcement (unexpected visits) to the institutions of the State Penitentiary Service of Ukraine (SPSU). Articles 24 of CEC postulated that any deputy or his/her assistant or a member of the Public Council at State Penitentiary Service can form a group of three doctors or two journalists and they have the right «freely and without restrictions in time … move through the territory of penal institutions» – it is a new opportunity to monitor the situation with the human rights in the closed for the society penitentiary institutions. In the reported period KHPG organized 10 visits to the colonies with different regimes (medium and maximum levels security level) and to the Pre-trial detention Centers (PTC, isolators for the persons under the investigation and trial) and visited 8 penitentiary institutions: Colony no.89 in Dnipropetrovsk, PTC no.8 in Zhitomir, Colony no.70 in Berdychiv (2 visits), Colony in Raiky no.73 (19.08), Colony no.58 in Iziaslav (20.08 and 25.11 – 2 visits), Colony no.80 in Krivyj Rig, PTC no.3 in Dnipropetrovsk, PTC no.13 in Kiev (two visits were organised but completely failed to visit this institution).

These visits serve also to strengthening and development of the network of NGOs, lawyers and journalists, because they provide more opportunities to involve local representatives into the defense of the victims, detained in penitentiary institutions.

Development of the system for legal aid to victims of torture and ill treatment. See section no.3. KHPG provides the legal aid to the persons in detention with the qualified work of KHPG lawyers.

Awareness-raising and educational activities. Along for the reporting period we conducted two the 5-days schools on human rights for human rights activists and two trainings for lawyers as well as two seminars for judges (one seminar - for judges with experience less 5 years, second seminar - for judges of appeal courts). We published and distributed in 1000 copies seven titles of publications on European and UN mechanisms of prevention of torture, on analysis of crimes of MIA officers concerning drug users, on implementation of the CAT and CPT recommendations and standards (in Ukrainian and English) as well as Sixth periodical report on fufliment of the UN Committee against torture and KHPG Shadow report (in Ukrainain and English) and “Life sentence: European standards and Ukrainian practice”. We held several press-conferences and other public actions devoted to prevention of torture and ill-treatment in Ukraine and abroad.

Analytical, research, law-making and lobbying activities. KHPG experts conduct analysis of national legislation, drafts law and practice on regular basis as well as created own drafts law, such as drafts law on lustration and on internal displaced persons, drafts of amendments to the Executive-Criminal Code and other penitentiary legislation. KHPG experts analysed so-called laws on dictatorship of 16 January, law on so-called amnesty, on preventive detention, on lustration, and many others. They studied conditions of the custody of life prisoners and made detailed analysis of five cases of life prisoners with very dubious verdicts. Than they considered a problem of impossibility of a new considering such cases.  KHPG experts analysed acting criminal executive law, including internal regulations of the SPSU and proposed six drafts of normative acts concerning rights of prisoners: draft law on amendments of the CEC, draft law on amendments of the Law on preliminary detention, drafts regulation on amendments of the Internal Rules for Colonies and PTC, draft  regulation on amendments of «The list of Diseases that are the Basis for Submission of Materials to the Courts for Release from Further Serving of Punishment», and draft amendments of the order on usage of the technic means for oversight and surveillance.

Since the beginning the work of the new Parliament KHPG experts started to prepare a weekly review of the bills that are passed in the corresponding week to the Parliament for consideration. Review includes list of drafts law concerning human rights with short preliminary analysis of the threatens for human rights and assessment of the quality of preparation of bills. Four weekly reviews have been prepared, published and distributed.

6. Monitoring implementation of decisions of international bodies

KHPG experts have conducted activity in monitoring of enforcement of judgments of the ECtHR. They periodically applied to the Government’s Agent with a request about carrying out by the Government bodies’ requirements of the Law «On Enforcement of Judgments and Using the European Court of Human Rights Case-Law». Specifically we have got and analyse copies of the Government’s Agent submissions to the Cabinet of Ministers of Ukraine on taking of supplementary individual measures and/or general measures,  copies of the submissions to the Supreme Court of Ukraine on the matter of violation of Article 2, 3, 5 and 6 of the European Convention in cases against Ukraine, information about proposals on improving of national judicial practice in compliance with the requirements of Article 6 of the Convention, as well about proposals for taking into consideration while preparation of draft laws.

KHPG experts have prepared the book «On implementation of the ECtHR judgements in Ukraine». It includes sections on 7 pilot and quizypilot ECtHR judgments against Ukraine, on different types of control for execution of the ECtHR judgments that the Committee of Ministers of the Council of Europe provides, on groups of judgments, on government plans for individual and general measures addressed implementation of the ECtHR judgments. Book includes also revised European Convention on Human Rights and Fundamental Freedoms and Protocols to it as well as new application form for claim to the ECtHR with explanation how it will be filled. Book has been published in 1000 copies and distributed among target groups – judges, officers of the prosecutor bodies, personnel of the Ministry of Justice, Ombudsman’s Office, MIA and State Penitentiary Service of Ukraine as well as lawyers, human rights activists, legal educational establishments and libraries.

7. Defence of freedom of expression, access to information and right for privacy; increasing transparency and openness of work of public administration bodies and local self-government bodies

KHPG experts continued to prepare amendments to basic information laws «On information», «On access to public information», «On personal data protection» and others. Drafts on amendments to Law on printing media was considered and approved by the Parliamentary Committee on freedom of media.

The draft law on the changes to the Law on access to public information (reg. No. 9047) was discussed by KHPG experts in expert groups. This draft law provided the changes into the 52 different laws and 4 Codes and thus brings into the line these laws with the Law on Access to Public Information. KHPG experts participated in the preparation of the changes to the proposed draft law, namely in the part dedicated to the access to the archives and restrictions of the journalists’ rights.

The Draft law No. 0947 was several times postponed by the Parliament. It was adopted in April and signed by the President on 17 April, 2014.

KHPG held seminar for state officials of central bodies of executive power on usage of the Law «On access to public information» and workshop for partner organisations in order to agree how to study practice of access to information according to this law.

KHPG was involved in the work of expert group that elaborated a new concept of changes to the law on “Access to public information”. This concept provides the introduction of the changes into the text of the law with concretisation of definition of the “public information”, “service information” et. The new state institution responsible for the monitoring on the application of the law will be introduced by this new concept. KHPG prepares an expert opinion on the state institution that with the mandate to monitor the implementation of the Law on Access to Public Information upon the request from State Broadcasting committee.

A seminar for the public officers of the local state structures and self-government bodies was held in Chernihiv. During the seminar experts and participants discussed the international standards on access to public information, national practice and practical issues such as the demarcation of requests and appeals, compliance with the law "On Data Protection", use of 3-components test, etc. 

The local partners of the Project addressed to local authorities with the requests on the public information, the refuses or non-proper answers were appealed to the court.

Journalist Investigations Bureau carried out 24 anti-corruption journalist investigations. KHPG experts also prepared and published 8 articles on journalist investigation human rights violations. All the publications are focusing on corruption in Ukraine. The articles on the results of investigations were produced and posted on the KHPG site khpg.org and tema.in.ua.

8. Struggle against discrimination, racism, xenophobia and hate crimes

KHPG monitors and monitors from the partner organisations continued to gather and check information on facts of hate crime and hate speech from the side of state bodies as well as passed this information to people, mass media and organisations involved. In addition, KHPG has prepared series public discussion in question joined with music festival «Art of Tolerance». There were three discussions and concerts in Lviv (4 May), Kharkiv (27 June and Kyiv (30 June) in the framework of the festival. Participants of the festival are accomplished musicians and artists, whose creative work is based on multiple ethnic cultures. They combine folklore with jazz, classical and modern music in attempt to preserve unique cultural traditions contributing at the same time to multiculturalism. Their creative work represents intense and organic cultural dialogue. Ethnically distinct traditions of expressing music are used interchangeably to create unique and rich musical style “Global Music”. Although relatively new, it rapidly becomes a vital part of world culture due to its multicultural semantic inclusive nature and aesthetic tolerance.

Results of the monitoring of hate crime and hate speech were summarised in the book “Hate crime in Ukraine: July 2013 – December 2014”. The printed version of the book will appeare in March, 2015. It should be noted that level of xenophobia is significantly increased due to the occupation of the Crimea, the military conflict in the East of the country and a large migration from the Crimea, Donetsk and Lugansk regions to other parts of the country.

9. Security Services in a Constitutional Democracy: oversight and accountability

KHPG members carried on monitoring human rights violations from the side of the Security Service of Ukraine (SSU), analysis SSU’s activities in the fields of defense state secrets and other classified information, analysis SSU’s activities in the fields of wiretapping and other forms of interception of communications as well analysis SSU’s activities against terrorism. In particular, KHPG experts studied all criminal cases on crime of terrorist nature investigated by the SSU before 22 February of 2014 (terrorist actions in Makeevka, Zaporizhzhia, Kharkiv, Dnipropetrovks, etc.) They prepared recommendations on changes of legislation and practice regarding the activities of the SSU.

It should be noted that case against two «Dnipropetrovsk’s terrorists» Dmytro Reva and Lev Prosvirnin was closed. Reva and Prosvirnin were rehabilitated. Also cases on “vasilvski terroristi” and on the bomb blast in the Zaporizhya Svyatopokrovsk Orthodox Church on July 28, 2010 were closed. “Terrorrists” were released. 

After victory of the Revolution of Dignity personal and activities of the SSU are essentially changed. KHPG stopped monitoring the SSU activities in many aspects. KHPG continue only to monitor on SSU activities and its interference into the privacy of individuals in relation to the wiretapping.

10. Dissemination of information on human rights and basic freedoms in Ukraine, civil education and aware-raising activities

In 2015 permanent PR-service has organised and actively worked.

KHPG updated own portal “Human Rights in Ukraine” khpg.org on a daily basis (3-4 new materials in Ukrainian or Russian and 5-7 new materials in English per day), specialized site «Against Torture!» maidanua.org for victims of torture and ill-treatment in a daily basis (3-4 new materials per day), site library.khpg.org (virtual library on human rights) on a weekly basis (4-5 new books per week), and site archive.khpg.org (virtual museum and archive of dissident movement in Ukraine) on a weekly basis (1-2 new materials per week). The most interesting materials were disseminated in the social networks.

It should be noted that an average number of visitors of the KHPG portal khpg.org is increased for two times and reached 3042 visitors per day. More half of visitors are English-reading readers.  Number of visitors of othe KHPG sites is essentially increased too.

Furthermore, KHPG prepared published and distributed a bulletin «Prava Ludyny» («Human Rights») two times per month and the monthly English bulletin «Prava Ludyny», extract from these two issues, as well as monthly bulletin «Human Rights. Civic Education» (each bulletin consists of 12 pages A4 format) and quarterly «Freedom of Expression and Privacy».

We published the books «Human Rights in Ukraine – 2013. Human rights organisations report» (in Ukrainian and English), «Right to health protection and medical assistance – 2013. Human rights organisations report», «Constitutionalism. A short version», six issues of the magazine for condemned women «Dim na pivdorogy» («Half-way House») and others.  We also prepared for printing, published and distributed three issues of the magazine «From the archives VUCHK / GPU / NKVD / KGB» for 2013 and 2014. This magazine is prepared by the Institute of History of the National Academy of Ukraine in cooperation with the Security Service Archive. In general, KHPG published and distributed 27 books.

In addition, we sent information materials and books produced by KHPG to NGOs and individuals according to the requests. The KHPG library with open access (more than 12,000 books on law, human rights, history, political sciences, political repressions, etc., and periodic editions) permanently is functioned.

KHPG also held two 5-days School on Hyman Rights for 30 human rights activists on 7-11 April and 16-20 December. They were enrolled in lectures and seminars on concept of human rights, mechanisms of human rights defence, NGO management, fundraising, and preparation of project applications.

KHPG held weekly public discussion on actual topics with simultaneously translation in the Internet and participation of speakers from several cities of Ukraine. Results of each discussion placed to youtube and several websites in view of WORD-transcript of the discussion.

Yevgeniy Zakharov visited Berlin on 12-14 February, 4-6 June and 15-17 December as well as Warsaw on 18-19 September (office OSCE) and Munich on 30 September – 3 October. The aim of the visits was to inform Germany state officials, experts and civil society representatives on and discuss with them the situation with the Human Rights in Ukraine with the particular accent on political persecutions, on the preparation of the constitutional amendments, and on war conflict with Rossia. He had presentations in the Bundestag, Foreign Federal Office, Federal Chancellery, European Commission Representation in Germany, and Heinrich Böll Foundation. These visits helped to share and discuss with the officials, counterparts and representatives of the civil society the existing violations and general contemporary threats for the Human Rights in Ukraine. Meeting in Warsaw was organised by the ODIHR OSCE and devoted to Human Rights Situation in the East of Ukraine.

11. Studies of history of human rights movement in USSR and Ukraine and history of political repression in USSR

KHPG continued to collect archive documents on dissident movement in former USSR and Ukraine and program of oral history (interview ex-dissidents). We continued to translate biographies of dissidents and interviews with them into English as well as to digitize audi files and photos.

12. Development of the Human Rights NGOs Network

Special network directed to police reform

In May-August KHPG jointly with the Center for Law Enforcement Activities Studies created a Strategy for Development of Police in Ukraine. Draft of the Strategy was discussed by MIA officers, experts and civil activists in Kyiv and Lviv. KHPG organised a public hearings on 9-10 September with more than 120 participants. Also we prepared a design of the pilot project of police reform in Lviv oblast. Pilot program started on 1 July. For its implementation KHPG joined efforts of many Lviv NGOs an expert cycles. Strategy and four resolutions of the Cabinet of Ministers of Ukraine on various aspects of police reform was approved on October 22. We started to prepare an Action Plan for implementation of the Strategy.

Preparation of submission to the International Criminal Court

In April-June KHPG was involved in the work on gathering materials and preparing the text of submission to the International Criminal Court (ICC) jointly with other Ukrainian NGOs and lawyers. Representatives of the KHPG worked on two chapters of submission: “Torture of protesters” and “Relevant proceedings in Ukraine”. The submission was sent to Haag and is now single document requesting the investigation of human rights violations during the Maidan time. The KHPG participated in meeting with teams of experts from the Office of the Prosecutor of the International, IFHR (International Federation of Human Rights) who came to Ukraine to discuss the materials submitted to the ICC.

Ratification of the Rome Statute by Ukraine

Among other commitments before the EU Ukraine has to ratify the Rome Statute, which was signed by Ukraine but not yet ratified. KHPG together with a coalition of human rights NGOs joined in the platform "Human Rights Agenda" has prepared a number of steps with the aim to promote the ratification of the Rome Statute – meetings with MPs and experts, written appeals to the MPs. The number of initiatives were also elaborated and developed by the KHPG within the “Human Rights Agenda” with the aim to promote the Ratification of the Rome Statute by Ukraine.

Human Rights Agenda

In September-October 2014 non-formal network of Ukrainian NGOs decided to work out the Human Rights Agenda with the aim to underline the most dangerous zones where human rights are violated. KHPG participated in the working meetings and prepared several selected chapters of this Agenda. In the context of the “Human Rights Agenda” platform KHPG prepared the expert opinion on creation of the Ministry of information in Ukraine.

13. KHPG participation in the events 21 November2013 – 22 February, 2014

The KHPG was a member of the Coordinating Board of the Euromaidan in Kharkiv. Eight KHPG employees take part in the Euromaidan rallies in Kharkiv on a permanent basis; two employees, who constantly live in Kyiv, take part in the Euromaidan there. four more KHPG employees went to Kyiv on several occasions to participate in the Euromaidan.

The KHPG provides legal aid to all the victims of the human rights violations associated with the Kharkiv Euromaidan. In Kharkiv, two persons suffered from the attacks, 8 cars belonging to the Euromaidan participants were burnt, and one extremely dubious criminal case was instituted against a participant. In addition, the KHPG lawyers represent the interests of 21 victims of the human rights violations associated with the Euromaidans in other cities of Ukraine (Kyiv, Dnipropetrovsk, Lutsk). We qualify all these cases as political persecutions.

The KHPG took an active part in organising and conducting of the first Euromaidans` forum in Kharkiv on January 11-12 (more than 200 participants). The forum was carried out in the extreme conditions. It was impossible to find the hall to hold the forum as we received 8 refusals. As a result, the plenary session took place in a church on Saturday and in the KHPG office on Sunday. Both of the halls could house around 50 people. However, there were approximately 150 people present. 7 workshops of the forum took place in the premises of the NGOs, including 2 of them were conducted in the KHPG premises. The KHPG office was left without electricity and a pro-government rally was arranged exactly in front of the residential block of flats where our office is situated on the first floor. The participants of the forum were repeatedly subjected to attacks by the participants of the pro-Russian organizations wearing the masks or by non-educated delinquents («hopnyky» – in Ukr.) simply hired for payment who threw smoke grenades, broke the glass and book shelves in a book store where one of the workshops took place. They even attacked the church. Owing to the well-established interaction of the KHPG with the police the latter faithfully guarded the forum participants from these attacks. As a result, only one person who protected the book store essentially suffered.

The English version of the KHPG website khpg.org includes the fullest collection of data on human rights violations associated with all Euromaidans in Ukraine.

14. KHPG organisational development

In 2011 a systemic audit of KHPG work was carried out by the Sweden Developments Agency (SDA). Its conclusions and recommendations were used to develop a plan of improvement of KHPG management system up to 2015.

KHPG has created the Strategic Plan for 2012-2015 and the SMART-measured Results Assessment Framework (RAF). In accordance with the SDA recommendations KHPG has changed the composition of its governing bodies and management. A new KHPG Statute has been prepared. In 2014 KHPG registered the new Statute. The main Statute's organ is the General Assembly, which meets at least once a year. The General Assembly elects the Board and Chair of the Board, approves the policies of the organization, its annual budget, the reports of the Board and Director, annual financial report and balance. Main governing body is KHPG Board which defines main directions of organization activity and makes key decisions on its development. KHPG Board meets at least once in three months. KHPG Board appoints a Director who is in charge of implementation of Board decisions and efficient day-to-day organization work and management. KHPG Director manages works through heads of the KHPG structural units who are simultaneously managers of the projects. Senior office manager, deputy director manages activities of the KHPG office in Kyiv and manages two KHPG projects (civil campaign for openness and transparency of the state; monitoring of non-liberty places).  KHPG office in Kharkiv consists of the following structural units: Public Reception Office (PRO, 8 workers), Strategic Litigations Center (SLC, 8 workers), Information Center (including library and archive, 17 workers), Publishing House (including printing service, 7 workers), and Administrative Department (5 workers). Managers of the projects carefully maintain and store its financial records and strictly follow all accounting norms and reporting procedures for each project and for the organization as a whole. It was confirmed by regular audits and checks which were undertaken by our donors or their designated representatives.

KHPG has re-built its internal system and implemented all 40 recommendations of the SDA recommendations. KHPG has the following management documents:

a) Rules & procedures, plans, meeting schedules and standard meeting agendas for all governing bodies;

b) Job description for the position of Director;

c) Delegation order from the Council to the Director;

d) Financial policy and procedures;

e) Procurement policy;

f) Fraud policy;

g) Attestation policy and procedures;

h) System for procuring, contracting, performing and responding to external audits;

 i) Regulation on internal audit;

 j) Communications strategy;

k) Fundraising strategy;

l) Staff manual;

m) Detailed job description for all staff;

n) Staffing plan and process for evaluating job performance and identifying capacity building needs;

o) Attesting rules;

p) Rules of processing and protection of personal data in the KHPG databases;

q) Project management methodology;

r) Regulation on the System of Monitoring and Evaluation;

s) Regulation on the System of Risk Management; and

t) Operation Manual.

These documents are implemented into day-to-day KHPG activities.

KHPG has implemented accounting software system «Terminal+» serving the information needs of both donors and the state bodies. All book-keeper accounting needs realizes through this system now. KHPG staff has spreaded its action to management project accounting.

In February 2014 KHPG successfully conducted an international audit for 2013 by the LLC «Audit and Consulting Group “Compass”».

KHPG staff and experts communicate each other through internal KHPG mailing list making on Google group.

In 2014 average salaries of the staff increased almost more than three times in comparison to 2012.  Now it is 7737 UAH. Each staff member of KHPG has an individual career development plan including career goals and increases owh potential through training and education. All 17 staff members took part in 44 educational events, including 6 events abroad with working language English. Since 1 October, 2013 all staff studies English twice a week (1.5 hours). There are three groups in depending on level of English. In total there were 223 lessons in 2014.

APPENDIX

List of the grants fulfilled by KHPG in 2014

We use the following abbreviations:

IRF – International «Renaissance» Foundation (Kyiv, Ukraine)

OSF – Open Society Foundation

EC – European Commission

SIDA – Swedish International Development Cooperation Agency

NED  – National Endowment for Democracy (USA)

MATRA – Human Rights Fund of the Embassy of the Netherlands

UNDP – United Nations Development Program in Ukraine

Information on current grants is given in the following table.

Title of the project

Donor

Project period,

day/month/year

Amount

Enhancing legal opportunities for vulnerable groups in society to defend their rights (subgrant for support of the KHPG PRO)

EC

30/09/12 – 31/08/14

€ 9 350

Development of legislative and organizational framework, based on international human rights standards, to defend human rights, with emphasis on fight against ill-treatment

EC

21/09/12 – 20/09/14

€ 209 980

Monitoring and advocacy of effective implementation of international and regional commitments of Ukraine in the field of combating torture and ill-treatment

UNDP

01/01/14 – 31/10/14

120000 UAH

Legal aid networking for vulnerable groups

IRF

18/12/13 – 17/12/14

800000 UAH

Rendering urgent assistance to internal displaced persons from the Donbass and the Crimea, who left their places of residence as a result of political persecution and military actions

IRF

15/06/14 – 31/08/14

174468 UAH

Rendering urgent assistance to internal displaced persons from the Donbass and the Crimea, who left their places of residence as a result of political persecution and military actions

France Embassy

01/10/14 – 31/12/14

€ 5 000

Observance of human rights in the penitentiary system of Ukraine with the accent on observance of the right to health protection and medical assistance

MATRA

01/09/14 – 31/08/15

477000 UAH

Defense of freedom of expression, access to information and right for privacy

EC

21/12/12 – 20/03/15

€ 75 067,38

Providing Information and Analysis of Human Rights in Ukraine

NED

01/05/14 – 30/04/15

$ 47 200

Institutional Support for 2014

OSF

01/01/14 – 30/12/14

$ 99 000

Monitoring and defense of the rights of prisoners to medical care

U.S. Embassy

01/07/14 – 31/03/15

$ 13 774

Core Support

SIDA

01/01/14 – 31/12/14

€  335 000