PRAVA LUDYNY
16 March, 1998
ELECTION
On March 29 Ukraine elected her Supreme Rada (Parliament). In some spots the young Ukrainian democracy dirtied diapers. In what follows some examples are described.
A criminal program
E. Zakharov and I. Rapp, Kharkov
The elective commission of District 168 in Kharkov duly registered and distributed the program of a Troyan, a candidate to MPs. The program declares that its author strives to raise the living standard of the Ukrainian population 'with the exception of Yidds and Jews. To improve the life of Yidds and Jews the program regards as unreasonable.' This ingenuous declaration violates a number of articles of the Ukrainian Constitution which treat propaganda of racial and interethnic enmity, such as Articles 24, 34, 35, 36 and 68.
By Article 3 of the Ukrainian Constitution and Article 35, Section 6 of the Law 'On election of People's Deputies of Ukraine' the elective commission was obliged to immediately suspend Troyan's registration and send the query to law enforcing agencies asking whether the candidate was guilty in fomentation of interethnic enmity. Nothing of the kind was done by the elective commission.
Kharkiv Group of human rights protection published a Special Issue (No.4) devoted to this abuse of Law and sent a corresponding complaint to the Central elective commission and to the Procurator's Office. We have not received yet any response. It can be explained, beside the usual sluggishness of the state machine, by the fact that the candidate was not elected and by his genuine love to the population of Ukraine (bar Yidds and Jews, of course). This love was displayed in another section of Troyan's program where he promised to replace a somewhat pessimistic first line of the National Anthem: 'Ukraine has not perished yet' by the line 'Ukraine starts to blossom' or even 'Ukraine has already blossomed'.
Crimean Tartars protest
R. Romanov, Sebastopol
About four thousand of Crimean Tartars took part in the protest actions in Simferopol on March 24. The reason is that Tartars which had been exiled by Stalin's order to various republics of the USSR, many to Uzbekistan, now return to their historical motherland, the Crimea. Before getting Ukrainian citizenship they must get rid of the citizenship of the republics from which they returned, because the Ukrainian law forbids multiple citizenship. The procedure of losing the previous citizenship is overcomplicated and expensive. So many Tartars living now in the Crimea have no Ukrainian citizenship and have no right to take part in the forthcoming elections. As a form of the protest, the participants of the action blocked highways leading to Yalta and Sebastopol as well as railways. As a result of clashes with militia, about a score of people on the both sides were injured.
Pre-election purges
A wave of detentions and arrests covered the Crimea, Kiev, Donbass and other most corrupted regions of the country. It seems that the activity of law enforcing agencies is caused by the coming elections and by the eagerness of criminal Godfathers to get the deputy's status and thus become immune to any prosecution. On the other hand, it may be the attempt of the authorities to get rid of the undesirable rivals.
It has already happened many times: prominent people were detained, compromised in mass media and after some time quietly released, having not obtained the desirable deputy's certificate.
After 'Kievskiye vedomosti', 26 February
***
A high official of the General Procurator's office informed that within the Kiev Procurator's office the warrant for arrest of Oleg Lyashko had been signed. Oleg Lyashko is the editor-in-chief of the weekly 'Politika' that works on the side of the opposition to the government. Oleg Lyashko is accused of libel concerning Vasiliy Durdinets, the head of the National Bureau of Investigations. The case was started in July 1997 when Lyashko published an article on the style and methods of Durdinets's work. The article said that it is dangerous for the country when militia generals start to rule the economy. The case was investigated rather lazily: in six months Lyashko was interrogated only once. However, now, when Lyashko became a candidate to the Parliament, his case has been fanned.
'Vseukrainskiye vedomosti', No.7, January
***
Before the election top authorities actively fight with undesirable candidates. As UNIAN agency informs, 'Repressions and checks are applied to the deputies of Yalta Executive Soviet'. In the end of February candidates to MP from the list of the New Economic Party (NEP) Ivan Shevchuk and Aleksandr Kalus were detained. The latter ballots for the post of Yalta mayor. A criminal case is started against him, accusing him of the embezzlement of state property worth of ... 85 grivnas. According to Mr Kalus he has absolutely reliable information that such a pressure on the Crimean deputies will last to the election day, and that such instructions were given not only to the Ministry of Internal Affairs, but also to the security service of Ukraine.
All the accounts of the Institute of economics and design have been arrested; the institute is headed by Mikhail Edelberg, one of the founders of the Party of Economic Resurrection, which enters the NEP block.
'Kievskiye vedomosti', 26 February
***
Last week the law enforcing agency of the Crimea started a criminal case against some executives of the commercial bank 'Interkontbank'. The manager of the bank was detained several days before.
It became known that Sergey Voronkov, the deputy of Simferopol Executive Soviet, detained for carrying concealed arms, is one of the founders of this bank. It rumors that he is the leader of the criminal gang 'Salem'. Besides, Andrey Vasiuta, the Deputy Minister of Economy of the Crimea, is also one of the founders of the bank, although he, as a state officer, has no right to go in for commercial activity. Maybe the reason of all these actions is the fact that Vladimir Shevyev heading the Party of Economic Resurrection (PER), is also a founder of this bank.
Anushevan Danelian, a member of the PER, and the deputy of the speaker of the Crimean Parliament, declared that law enforcing agencies were ordered to find, by hook or crook, compromising evidence against Anatoliy Grishchenko, the speaker of the Crimean Parliament, Vladimir Shevyev, the leader of the PER, and the author of the declaration. To this end, said Danelian, 'the party of the power' accuses the PER in all crimes committed in the Crimea.
'Kievskiye vedomosti', 2 March
***
Evgeniy Supruniuk, the former speaker of the Crimean Parliament and the dean of a faculty of the Crimean University of Internal Affairs, informed: 'On 22 February several militiamen came to my home when only my grandmother was present. They showed the warrant for a search and asked her whether I keep firearms at home. The search lasted several hours... What has happened is one of the elements of the pressure inflicted on me, on my relatives and friends because I am a deputy to the Supreme Rada. I was called by telephone to the Ministry of Internal Affairs. They accused me of various felonies and proposed to choose between service and politics. From this conversation I understood that my telephone was tapped and I was under observation... A commission inspected my faculty during a week. From talks with officers and cadets I understood that they were interrogated and threatened to be sacked if they did not confirm that I misused my service status'.
'Kievskiye Vedomosti', 2 March
***
During the last three years the General Procurator's office, participating in political intrigues, detained and hid in detention blocks quite innocent people. In particular, Evgeniy Sukhin, the president of 'Itera-Ukraina Corporation' has spent two years in the preliminary prison. Palivoda, the former chief of the bodyguard of the former President of Ukraine, spent in the preliminary prison almost as much; recently he was acquitted. Only escape to Israel saved Efim Zviagilsky, the former Prime-Minister, from the prison; now all accusations to his address are withdrawn. Viktor Bozhenar, an aid of the speaker of the Ukrainian Parliament, also spent many months in the prison; now all the accusations have appeared false.
The listed persons, as well as many others, have lost their health and suffered great moral damage, but not a single one from the General Procurator's office has been punished. This can be explained only by the protection from the very top.
'Kievskiye Vedomosti', 27 February
***
Viktor Todorovskiy, the director of Cherkassy TV center is accused of taking bribes of the size of 515 grivnas. In journalists' circles they suspect that this criminal case is the hook on which V. Todorovskiy will be hanged during pre-election battles.
'Kievskiye Vedomosti', 25 February
***
After three years of staying in a preliminary prison Valeriy Perminov, the former head of the directorate of the Crimean bank 'Nord-Bank' has been released on the bail of 21 thousand Gr. At a press conference the suspected declared that his guilt was rather political than criminal, because during the investigation his interrogators all the time tried to extract some compromising evidence against the current speaker of the Ukrainian parliament Oleksandr Moroz, to whom Perminov allegedly helped to get a bribe. All this, Perminov said, is a provocation. Victor Bozhenar, another accused in this case, repeatedly declared the same. The latter expressed his viewpoint as follows: 'the group that managed to imprison us and to start the investigation does everything to prolong the proceedings'. Perhaps, he has grounds for such a statement, since the case was started on June 12, 1996 and the end is lost in the mist of the future. Meanwhile Perminov was registered as a candidate to Odessa city soviet. He is a member of the party 'Gromada'.
'Golos Ukrainy', 7 March.
***
In Kyiv on the way to his job Mikhail Brodsky, a well-known businessman and a candidate to MPs of Ukraine, was detained. No one of the law enforcing agencies agreed to comment on what happened to Brodsky, only the press service of the Security service declared that it had no relation to the detention. The Ministry of Internal Affairs and the Procurator's office refused to give any information concerning the place and the reason of the detention, and on the initiator of the sanction. As became known, Brodsky went on a hunger strike. He considers himself a political prisoner and his arrest as a sort of a reprisal against an undesirable candidate.
'Golos Ukrainy', 12 March
***
On 11 March officers of the Ministry of Internal Affairs preferred the accusation to Mikhail Brodsky, the president of the concern 'Dendi'. The press agency 'Interfax-Ukraina' informed that as early as 5 June 1997 the main investigator of the Ministry of Internal Affairs started a criminal case accusing the executives of the concern 'Dendi' of illegal trade deals and obtaining profit in the especially great quantities. On July 31, 1997 the criminal case was ascribed to Article 155-6, Section 3 of the Criminal Code of Ukraine. Another criminal case was started accusing the executives of the joint Ukrainian-Italian concern 'Dendi' of swindling with financial resources of the concern.
Since the above-mentioned criminal cases demand immediate resolution, as the press center of the MIA made public, the investigating officer in charge of the case decided to detain M. Brodsky and O. Messel-Veselyak.
'Golos Ukrainy', 13 March
***
Editors-in-chief of districtal newspapers of Kharkov region addressed the heads of the state administration and local administration, appealing to them not to inflict pressure on the mass media during the election campaign. Lately the executive power tries to press the mass media and force them to describe the current events at the angle beneficial to the administration. Those mass media, which are objective and critical relative to the authorities, are set under the conditions when these mass media cannot fulfill their professional duties. In the opinion of the editors-in-chief, the state-owned mass media are turned into an 'obedient instrument for manipulating the public opinion; open or disguised censorship is introduced and newsmen are endangered physically'.
A vivid example is the Zmiyev district. Here the persecution of M. Kovaliov, the editor-in-chief of the newspaper 'Visti Zmiyevshchyny', has been lasting since long ago. To begin with, the rooms of the editorial board and typography were privatized without the consent of the newsmen. Then the District Soviet tried to sack M. Kovaliov. Later he was attacked and got serious injuries. Now the districtal authorities try to re-register the newspaper and install the new editor.
The authors of the appeal consider it to be a political action whose purpose is to subordinate mass media to authorities and to make newsmen to write what is ordered.
'Vremia', 17 February
***
On February 9 Aleksandr Kovalenko, a deputy of Yalta City Soviet and a candidate to the new City Soviet, a member of the Party of Economic Resurrection, disappeared as if dissolved in the thin air. The following five days his colleagues and relatives requested the Supreme Rada of Ukraine, the Supreme Soviet of the Crimea and other organizations, but they got no response. Only in five days after his detention he was permitted to meet with his advocate in the preliminary prison of the Town of Bakhchisaray. Then he disappeared again until March 3 when at last his advocate learned through the General Procurator's office of Ukraine that his client stayed in the preliminary prison of Kherson. Then the people's deputy disappeared again. the investigator of his case permitted relatives to meet Kovalenko, but in the place to which he sent them Kovalenko was absent.
Rumors started that Kovalenko and Voronok (another deputy of Simferopol City Council) were tortured, and that one of them committed suicide. On February 11 General Moskal, the main militiaman of the Crimea, in a TV interview stated that Kovalenko had been really detained on February 9. General Moskal denied the application of torture and the suicide. According to Kovalenko's advocate, his client is accused of concealing firearms since during the search at the flat of his acquaintance Svetlana Ivanovskaya 26 cartridges were found. S. Ivanovskaya informed that the witnesses at the search were soldiers. The cartridges were placed stealthily by the searchers to frame Kovalenko. She also added that since February 5 he never came to her flat, but the cartridges were wrapped in the newspaper of February 7.
On March 5 the advocate was told that Kovalenko would be held incommunicado by the beginning of April.
Parallelly the authorities check the signatures of the citizens who supported the candidature of Kovalenko. This obviously testifies to the political reason of Kovalenko's case.
This is one of many similar cases in the Crimea.
Roman Romanov, Sebastopol
THE TROUBLED TIMES
The right for life
I. Sukhorukova, Kharkov
In a village of a Krasnokut District, Kharkov Region, a woman died. She was old and lonely and lived on the fat of the land, since, as it became usual, her pension was paid infrequently. So she was unable to pay for gas in time, so the gas supply was cut off. It was cold, and the woman tried to stoke with some twigs the delapidated oven, so she got poisoned with charcoal fumes.
In the neighboring village another old couple died the same death of the same reason.
In the village of Russkaya Lozovaya, five kilometers from Kharkov, pensions were detained in 1998 by five months. The price for gas increased. Lonely pensioners could not afford bread and cheapest medicine, to say nothing of gas heating. In Dzerzhynsky District of Kharkov the pay arrears are less, but still they exist. Here the unpaying pensioners are cut off from the electric mains. So they must stay in darkness, cold and unable to cook.
This litany can be prolonged, with the moral that the authorities who, theoretically, must care on the health and prosperity of the population do much to exterminate it.
In 1992-1993, first time for many decades, it became easier to survive in the country than in town. A trickle of people started to move back to the country. Recently, however, the situation changed again. Suburban trains have been reduced in number, the train and especially bus fares soared. Kolkhozes stopped to pay in cash. As a rule, the pay is in agricultural products, at the prices higher than on the market. Since the transportation is so expensive, it is next to impossible to sell what is earned in the city. So villagers never see cash.
We have learned from newspapers that in a village near Chernigov a little boy died of starvation. It is true that the boy lived in a family with many children, it is true that his parents were alcoholics. But when the boy was dying, mother could not transport him to a hospital, because motor ambulances do not go to villages because of the shortage of gas, the only bus stopped circulating of the same reason, and mother certainly had no cash to hire a car.
Many old men and women die in villages, because they cannot be taken in time to a districtal hospital or because the medical aid in such hospitals is quite inadequate, in particular, because they have no medicinal drugs. I know plenty of concrete cases, and taken together, they form a joyless picture: nobody cares about the life and health of our people, nobody is responsible for incorrect treatment and death. Insurance medicine would hardly be efficient in the atmosphere of the total negligence of morals and law. And, in any case, it is risky to trust the medical insurance to commercial banks.
The Ukrainian Constitution proclaims that medical aid is free of charge. Actually the money for the medical aid is not paid from the budget. A legislative compromise must be achieved.
However, medical aid in the country is only a small part of the mass of urgent problems. The farther one departs from the region center, the more is all the needed infrastructure demolished. The bus service and the local medical service have deteriorated. It threatens life. The absence of transport reduces town markets and leaves villagers without cash. To cut off gas and electricity in this situation is a crime. All these phenomena lead the country to a dangerous chaos.
Still another academy
G. Sushko, Zaporozhye
The Ukrainian Constitution guarantees, along with many other fantastic things, the right of orphan children for social protection, education, medical aid, etc. In the unconstitutional reality many orphans live in slums, garrets and cellars, in cold, filth and hunger. Their helplessness is sometimes exploited by different sorts of swindlers. One of them has been recently described in the newspaper 'Golos Ukrainy' of February 21.
In many places of the city of Kyiv one can meet a well-fed gentleman, whom the newspaper delicately named T. Mr T is always surrounded by a flock of children. They do not beg. They appeal to sponsor the World Academy of Mercy. To more generous donators Mr T gives his visiting card in Russian and in English where he is described as the President of the said Academy.
Up to 1996 the president-to-be lived in a quiet miners' town of Gorlovka. There he founded his Academy, allegedly registered in the Regional center of Donetsk, and moved to Kyiv with a dozen of his first academicians. There he rented some living accommodation in and near Kyiv. Now the Headquarters (or, rather, Presidium) occupies two dilapidated huts in the suburbs. Mr T has not got any education, so, the way the things are in Ukraine, he ought rather to be called Dr T. Later Dr T hired a deputy for education and indoctrination of the Academicians. The choice fell on a certain Vas'ka who had just been released from a prison. The man was prisonsick, and soon he ran away, taking not his belongings.
Now the number of the Academy members is about 6, but it rumors that once there were 40 Academicians. All the present personnel has the age between 10 and 14. All smoke or take drugs. The President does not mind when his disciples disappear: in this way more donations remain in his pockets. The Academicians must look presentable. So they are fed and forced to clean teeth. Nobody goes to school: taking account of their academic status, it would look absurd. Medical inspection and treatment is not practiced in the Academy, because the President considers himself a great healer. By the way his shins are covered with ulcers, may be contagious. He sleeps in one room with children.
Maybe, the President dislikes medicine because in his native Gorlovka he was examined and got the diagnosis 'schizophrenic of a paranoid form'. The president explains the diagnosis by his dissident activity. He has ambitious plans for the future: to become an MP, then to occupy the habitual post of the President, but this time of Ukraine or even several brotherly countries.
What is strange that in Ukrainian laws there is no instruments to put Dr President to the place he belongs to.
INTERETHNIC RELATIONS
They don't want to use the state language
A common meeting of 'Prosvita' together with the Congress of Ukrainian intelligentsia and The Union of writers of Ukraine discussed how Article 10 of the Constitution, which declares the status of the Ukrainian language as the only state language, is fulfilled in reality. The common meeting pronounced that the said article is not fulfilled and appealed to the government to take away the licenses from those mass media organizations that violate the law about the language regime and to attest authorities of the executive power as to the knowledge of the state language. The meeting also decided to demand from the Cabinet of Ministers to create a program for revival of printing literature in the Ukrainian language and work out economic norms for printing literature and advertisement in foreign languages. As to structural changes, it is proposed to subordinate the Department of the language policy directly to the Vice Prime Minister in humanitarian matters and 'to begin the creation of the vertical link from this department to the grass root state offices.'
'Vechirniy Kyiv', 30 January
Attitude to Jewish schools
A school with profound studies of the Hebrew language and culture works in Kharkiv. The principal of this school Grigoriy Shoikhet, who is also the president of the Association of principals of Hebrew schools of Ukraine and Moldova, expressed his anxiety because recently there appeared antisemitic leaflets and publications in the local press. In particular, leaflets were distributed in Kharkov subway, in which the administration of the Hebrew school was accused of enlisting only Jewish pupils . Mr Shoikhet denied these accusations and stated that the school enlists pupils of all nationalities who want to learn culture and history of the Hebrew people.
"Ukraina, Evropa. Svit', No.6
COMMUNIQUES FROM THE CRISIS FRONT
Ukraine in the UNO statistics
Evhen Zakharov, Kharkov
According to the UNO, our country occupies the 95th place among 185 member-countries of the UNO by the human development index. This index takes account of the living standard, duration of life, level of education and so on. Among post-Soviet states the former Baltic republics, Russia, Belorus, Kazakhstan and Turkmenistan live better than Ukraine.
According to other data, the minimal consumer's basket in Ukraine is the 13th in the world. Ukrainian experts explain this paradox by the fact that the illegal income of an average Ukrainian is three times larger than the legal one. In any case we know from our own experience that the majority of the population live beggarly life.
More suicides
In 1996-97 in the town of Sumy 305 local dwellers committed suicides. The age of them lies between 9 to 90 years, 70% of them were in the workable age. About 40% of suicides were committed by jobless.
'Den', No.20, February
HUMAN RIGHTS PROTECTION
On the work of Lviv center for human rights protection in 1997
Z. Gladun, President of Lviv center O. Atamaniuk, Director of Lviv center
Lviv center for human rights protection has already worked four years. It was created on July 10, 1994 and registered on October 13, 1994. All this time Lviv center worked according to its statute: the protection of human rights was, is and will be the first priority of its activity. In 1997, comparing with previous years, the main efforts were focused on perfecting forms and methods of work, but concrete results have not decreased. The main attention this year was concentrated on the protection of rights of the military. As in the previous years members of Lviv center and advocates who cooperate with us received complainants from citizens, communicated with them by mail and over telephone. Besides, we analyzed abuses of human rights, prepared the conclusions, represented the complainants at different commissions, conferences and trials.
We have found another active form of communicating with citizens by the use of the newspapers 'Za vilnu Ukrainu', 'Vysokiy zamok', 'Armiya Ukrainy', 'Militseyckiy kuryer' and other Lviv newspapers and journals. During 1997 in editorial boards of various newspapers Lviv center members received and granted legal assistance to 684 citizens which is 20% more than in the previous year. Our best activists in this respect are Z. Gladun, B. Onyshko, Z. Bazylevich, O. Lobashchuk, M. Mykytyn, B. Gorchinskyi and others.
In 1997 we continued our relations with two libraries in Lviv, to which we passed free of charge literature on human rights which we had got from Ukrainian Center of human rights.
In order to increase the influence on various population groups we started to cooperate with 'Ukraina-2' group, Amnesty International, Artists' Union 'Dzyga', Politological Center 'Geneza' and the editorial board of the newspaper 'Militseyskiy kuryer'. In the latter we founded the informative agency 'Pravozakhyst' headed by M. Zhytariuk, a teacher of the department of foreign mass media and the faculty of journalistic of Lviv University.
International links of Lviv center have been expanded: we started cooperation with the French cultural center at Lviv University and with the Canadian Embassy.
Lviv center has prepared monitoring of the observance of human rights in the West Ukraine. The results were published in 300 copies and sent to the Supreme Rada, Cabinet of Ministers, various state agencies and local administrations, courts, political parties and NGOs. Translated to English the results were posted to 30 foreign human rights protection organizations with whom Lviv center has partner's relations; besides the results were published in the press.
The cooperation with 'Militseyskiy kuryer' resulted in more than 200 publications about human rights abuses. In November we opened the office in Lviv (96 Naukova St.), as a result much more people started to visit the office, and we have been able to help to the total number of more then 2000 citizens.
The analysis of complaints shows that citizens turn to Lviv center mainly with the following problems:
- living accommodation and property;
- pay arrears;
- violation of rights of mothers and children;
- violation of rights by law enforcers;
- red tape on the side of local authorities.
Thanks to the pressure from our center the salaries to the workers of the Ministry of internal affairs were paid starting from August, to other law enforcing agencies -- for October and November. Besides, thanks to the efforts of our center, jointly with other related NGOs, such as the Union of officers of Ukraine, the International Union of human rights and the Foundation of social protection of the military, it became possible to preserve the privileges of the military that were planned to be cancelled by the Cabinet of Ministers.
In the course of the last event our center took part in the International conference held by the TACIS program in Lviv in October. This conference discussed the problems of social and judicial protection of the military and their families. Along with it, our center held a press conference in the building of the Lviv Executive Committee. The press conference was devoted to the topic 'The rights of people with shoulder straps'. The press conference was attended by commanders and representatives of Lviv garrison, region authorities, human rights protection organizations and mass media. The press conference was dedicated to the International day of human rights.
During 1997 members of Lviv center delivered 101 public speeches, gave consultations to 2665 citizens, published 23 analytic articles and 72 notes in the press, spoke 60 times on radio and television, 38 times participated in meetings and conferences of the authorities, participated in 180 court trials.
Our center actively cooperates with the Association of Ukrainian lawyers, International union of human rights, Union of officers of Ukraine, Committee of soldiers' mothers, Lviv and Drogobych branches of Amnesty International, Federation of independent trade unions of Lviv region.
Our center made a new step in its activity by conducting the program 'Juridical consultation' with the firm 'Alyans'. It enabled us to establish another office of our center and use it for granting juridical consultations. Owing to a grant from the Canadian Embassy we could purchase the needed office and printing equipment. After this we started to publish our informative bulletin.
As before, the most difficult problem is finding finances. All members of Lviv center work gratis, however, we still had to pay for office, communal services, telephone, etc. which requires over 300 Gr. per month. Certainly, it creates a lot of difficulties.
First winter school on human rights in Warsaw
A. Bukalov, Donetsk
For eight years the Polish Helsinki foundation used to hold the summer schools on human rights. At such schools representatives of human rights protection organizations from Central European and CIS countries attended lectures on international instruments on human rights and learned about the practical activities of the best human rights protection groups; all this lasted for ten to eleven days. Now, in March, the first winter school on human rights was held in Warsaw. Its topic was: 'Mechanisms of protection of fundamental rights and freedoms. Police and imprisonment'. This is a more specialized topic and only those who had attended a summer school or similar courses were invited to the winter school.
The number of attendants was about 50, they came from human rights protection organizations of Russia, Ukraine, Belorus, Moldova, Lithuania, Georgia, Kirgyzstan, Bulgaria and, naturally, Poland. Ukraine was represented by two members of Kharkiv Group, two members of Kievan Center of human rights; Sebastopol human rights protection group, Donetsk 'Memorial', Donetsk school of human rights, besides, Crimean Tartars sent two representatives.
After a fundamental theoretical survey of mechanisms of human rights protection provided by the UNO and a Council of Europe the participants were taught how to use these mechanisms in human rights protection practice. As an example, the practical work of some Polish organizations was studied. A great interest was attracted by the mechanism of summoning special UNO reporters to concrete cases of violations of human rights. The fact that the number of complaints to the UNO from Canada counts in dozens, while not a single complaint comes from the CIS countries, testifies that, say, Ukrainians do not know of such mechanisms of protection. The 'pupils' of the winter school were given the opportunity to attend a prison, a mental hospital, a police station and the so-called Children Chamber which accepts minor escapers and criminals. After the lectures video films prepared by the Polish Helsinki foundation and treating the topic of human rights protection were shown. Copies of these films in the Russian language were given gratis to all participants.
On the last day of studies the pupils were divided into five groups, and they were invited to discuss the following three questions:
- Which violations of human rights are most frequent in your country?
- What do international instruments say on these violations?
- What can you do to protect people from these violations?
In different countries the spectrum of violations was different. The common violations, as pointed out by the participants of the discussion, were the right for a just court, the second place was occupied by torture. The list of various methods of protection from these violations appeared to be rather lengthy.
The first experience of holding the winter school proved to be successful. The participants of the school expressed the opinion that the attention must be focused on the mutual exchange of experience and techniques of human rights protection activities. It would be reasonable if all or many participants would bring, next time, a written text on their experience and activities, to be distributed among colleagues.
The high level of schooling and the kind hospitability of its organizers, headed by Marek Nowicki, will never be forgotten by the attendants.
Aid to minor criminals
Grigoriy Maryanovsky, Kharkov
Several last years Kharkiv Group for human rights protection has cooperated with the Netherlands Helsinki Committee and Netherlands Ministry of Justice in treating minor criminals and sponsoring penitentiary establishments for minors. Representatives of the above-mentioned Netherlands organizations several times visited Kharkov prison and Kuriazh colony for minors. Some time ago the minors from Kuriazh were given T-shirts and footballs with autographs of players of 'Ajax', and this March Hank Croy, the head of a department of the Ministry of Justice, made a gift to Kuriazh colony of school textbooks and stationery for the total sum of 4 thousand grivnas.
We work out the opportunity of holding seminars for workers of penitentiary establishments for minors, of increasing humanitarian aid and creating an interstate network of human rights protecting and other organizations involved in the treatment of minor criminals.
ARMY
Sick recruits must be kept away from the army
I. Sukhorukova, Kharkov
The newspaper 'Sloboda' of 10 February published the letter of N. Afanasyeva, resident of the village of Udy of Zolochev district. The letter is titled without any compromises: 'I will not allow my son to go to the army'. A correspondent of 'Sloboda' turned for comments to the Kharkov department of Union of soldiers' mothers and to Kharkiv Group for human rights protection. In what follows this comments are summed up.
In her short letter the recruit's mother touches a number of urgent problems concerning not only the conscription to the army, but also functioning of our state.
Mrs Afanasyeva has five children, the elder son is 18. The family can hardly make the ends meet. What mother earns (the family has no father) suffices for bread. By law the family needs state aid.
All mass media, all civil officers, including those on the very top, express worry about the abruptly decreased birth rate. They say that it threatens the state security. Everybody understands that families with many children must be aided.
The elder son aged 18 is ill. The first symptoms revealed in 1994 when he became unable to move because of the swollen sockets. He was treated in the district hospital, then directed to a special research hospital in Kharkov. There he got the diagnosis 'toxicoinfectional arthritis'. The mother was recommended to submit the boy to periodic examinations, but she had no money either for examinations or even for the bus fare from their village to Kharkov. The youth got some treatment in the district, started to walk, but in 1996 other sockets became swollen. After examination in the district and region hospitals the boy's illness was diagnosed as 'reactive polyarthritis'. The youth felt unwell and weak, his sockets ached.
The boy reached the age of 18, he was summoned to a military commission and considered able-bodied to army service. His recruiting was postponed for 3 to 4 months for treatment. To go for the treatment the recruit had to pay his own money which he had not. The Ministry of Defence of Ukraine is certainly interested in healthy recruits. Sick servicemen mean first of all immense expenditures for treatment, transportation, pensions, etc. Sick recruits rarely stay out of hospitals and often become invalids. Nevertheless the Ministry of Defence cannot afford to pay bus fares in Afanasyev's case.
Neither edicts nor orders can affect the stupid practice of recruiting youths with bad health. Districtal recruiting commissions continue to recruit sick people ignoring their complaints and negligently examining them. Most victims of this practice are the lowest classes, illiterate, ill-informed people unable to protect their interests, unable to pay bribes, etc. What can we advise to a mother who wants to save her sick son from the army? First of all we recommend her to turn to the local department of the Union of soldiers' mothers. This organization will manage to have the recruit examined in the best medical establishments.
The Union of soldiers' mothers monitors the state of health of those recruits who were sick, but nonetheless taken to the army, and the Union attempts to make responsible all the people and organizations in case when the recruit becomes seriously ill during the service.
MASS MEDIA
Only one was killed professionally
Yuri Kravchenko, the Minister of Internal Affairs of Ukraine, said that out of recent 38 crimes against mass media workers less than a half was unclosed. Only one of them (the murder of Boris Derevianko) is found to be connected with the professional activities of the victim.
A way to survive
Liudmila Dobrovolskaya, a popular show-woman of the Odessa TV-program 'Art news', has been living for six weeks in the studio of her TV company. The reason is that she got the official warning from the Procurator's office that criminals plan to kill her. Her office/bedroom is permanently guarded by 'Berkut' operatives. 'I am going to turn to the European Commission on human rights', she declared.
'Kievskiye vedomosti', 13 January
Miscellaneous infringements
At night of February 1 the editorial office of the Volyn newspaper
'Veche' was robbed. There are opinions that the robbery is not a merely criminal affair. It may serve as a sanction in the election campaign.
'Kievskiye Vedomosti', 5 February
* * *
In Kherson some criminals attacked Sergey Mikheev, a correspondent of TV company '1+1'. He is taken to a hospital with concussion of the brain and a stabbed arm. Doctors believe that his life is not endangered. His wife asked militia to put some guard on her and her daughter, but was recommended to change the address. Among dwellers of Kherson Mr Mikheev became well-known by his reporting of the crimes committed by the 'fish mafia' which blossoms on the shores of the Azov and Black Seas.
'Kievskiye Vedomosti', 7 February
* * *
Aleksandr Reshetniak, the editor of Odessa daily 'TV + Mir' was brutally beaten by strangers near his house. The victim himself is not sure of the reason.
'Kievskiye Vedomosti', 7 February
The Ukrainian mass media club (UMMC) published an appeal about restrictions on the freedom of speech in Ukraine. The appeal is addressed to workers of mass media, drawing their attention to the situation that has been formed in the country.
In the beginning the appeal affirms the following:
'The campaign against the freedom of speech in Ukraine not only went without the usual limits of the election campaign, but became one of the tools for the executive power and President to restrict democracy in Ukraine and to destroy democratic institutes, whose inalienable part is the freedom of speech and distribution of information. This is done for making impossible democratic election in Ukraine and for preservation of their personal power.'
As examples of such a campaign the UMMC listed the closure of newspapers without the court order (such as 'Pravda Ukrainy'), prohibition of disagreeable TV programs even of privately owned studios (such as 'Pisliamova'), libel cases with astronomical recompenses (such as the fine on 'Vseukrainskiye Vedomosti' of 3.5 mln. Gr. to G. Surkis), censorship and physical pressure on newsmen, forcing state-owned mass media to become an obedient tool for manipulating masses by the President and his camarilla.
The president-fed TV program '7 days' mocked at all the journalist community of Ukraine by calling them representatives of 'the most ancient profession'. And L. Kuchma as always was on the side of the angels, because he paid the money and ordered the tune.
The UMMC appealed to newsmen to continue the description of the pre-election struggle, since 'in this dangerous for democracy time journalists cannot afford any form of a strike.' That would be a treason of public interests and a confession of their own weakness that would encourage further restrictions on the freedom of speech in Ukraine.
The UMMC has concluded a contract with the Parliament to create a TV program 'Your choice'. This program will objectively enlighten the course of the election campaign. The UMMC invited all journalists who want to stay independent to cooperate in order 'to protect the professional image and to enforce the independent way of democratic thinking'.
If we succeed, the appeal says, then L. Kuchma and his camarilla will see themselves not in a distorted mirror of tame mass media, but exactly such as they are. And this is not an opposition, this is a normal task of mass media in a democratic society.
'Golos Ukrainy', 7 February
* * *
The Ukrainian television broadcasted that Aleksandr Belov, the former director of the National Institute of strategic studies, has been appointed the Head of the Commission on the Informative Security and, at the same time, the Deputy Head of the Council of National Security and Defense.
In fact, the state control over mass media was concentrated in the Ministry of Information. The extreme form of this control is closing this or that disagreeable organization.
The functions of the newly created Commission are defined in the President's Decree of 3 February in a very fuzzy way. In any case each function of the Commission have been early fulfilled by some state agency.
The more the authorities fidget to trouble muddle in the water, the more grounds appear to suspect another attack on democracy.
'Den', No.21
LEGISLATION
What is an ombudsman?
E. Zakharov
Human rights protection organizations put great hopes on the introduction of this figure in Ukraine. The ombudsman is a representative of the Supreme Rada whose duty is to defend human rights of individual citizens against the Giant of the state. This is a new for the central and eastern Europe form of the protection of people, based on the great authority of and respect to the Ombudsman, to whose decisions both the state and the society heed.
The law on the introduction of this post was adopted in the end of 1997. First, what kind of figure must the Ombudsman be?
The Ombudsman must be a citizen of Ukraine, not younger than 40, possessing high moral features and having the experience of human rights protection activity. He must know the state language and reside in Ukraine the last five years before the election. After being elected, the Ombudsman has no right to have a job in state or private offices. The only kind of work, beside his Ombudsman's duties, is teaching, research or arts. He must not belong to any party either.
The ombudsman is elected for the term of five years by the Parliament on the suggestion of the Speaker or by a group of MPs in the number not less than 112 (i.e. one quarter of the nominal composition of the Parliament). To be elected to the post one has to receive more than 224 votes.
The ombudsman carries out the Parliamentary control about the observance of constitutional rights and freedoms in relations between individuals (Ukrainian citizens, foreigners and apatrides) on the one hand, and the state (state agencies, local authorities, civil officers, etc.) on the other hand. The ombudsman considers complaints and appeals of individuals in accordance with the Law 'On applications of citizens', or applications of MPs or considers some cases on his own initiative. Having received an application, the ombudsman starts a case on the violation of human rights and liberties and sends the corresponding document to the agency or organization that is involved. On receiving the result the ombudsman may send this case to the Constitutional Court or to the state agencies, local administrations or unions of citizens, independently of the form of property. The violations of human rights and liberties found by the ombudsman must be corrected by the organization involved within a month. However, the law on the ombudsman does not contain indications of any punishments for not fulfilling the ombudsman's recommendations.
The law vests the ombudsman with great authority: he has the right to have access to any information, including secret one, and to get acquainted with any documents, including documents processed in courts, to attend any agencies and organizations, including penitentiary establishments and mental hospitals, to interrogate any persons, to be present at any conferences and trials, and so on. All the organizations to which the ombudsman turns have a duty to cooperate with him and help him, in particular to facilitate his access to needed materials and documents.
The ombudsman must present to the Parliament an annual report on the status of human rights and liberties in Ukraine. If necessary, the ombudsman may present special reports.
In order to provide the convenient conditions for the ombudsman's work, the secretariat is organized. Besides, a consulting commission may be created, which will include persons having experience in human rights protecting activities. The ombudsman has the right to appoint his representatives who will act basing on the Instruction on representatives confirmed by the ombudsman. The ombudsman himself decides which will be the structure of his apparatus and which will be the number of assistents, clerks and representatives, taking into account the total financing for his activities assigned by the Parliament. The financing is drawn from the state budget; in budget-98 no such financing is mentioned.
The main drawback of the law, as I see it, is Article 16, which practically excludes the ombudsman's consideration of complaints about unjust court verdicts in criminal and civil cases (our experience shows that about 70% of the total number of verdicts are considered to be unjust by the loosing side). Even state experts believe that 10% or more of court decisions are unjust. Thus, it would be desirable to introduce into the law the ombudsman's right to recommend reconsidering verdicts of first instance courts.
One can be sure that the ombudsman would receive an immense flow of complaints which he will be able to consider only if the financing enables the ombudsman to have a sufficient personnel.
The law is silent on the contacts of the ombudsman with NGOs, although the ombudsman's activity must be closely connected with NGOs. The ombudsman is a representative of the civil society protecting human rights and liberties first of all from the state, so his collaboration with state-independent human rights protecting organizations is quite natural. That is why it is very important who personally will be elected as the ombudsman. The best variant will be the election of the ombudsman from among human rights protectors. Unfortunately, the human rights protection movement has not become so strong yet as to force the Parliament to elect the ombudsman from outside. Nonetheless, even the not quite perfect law provides an opportunity to make the ombudsman not a figure-head, but an acting figure.
***
The second voting for electing the ombudsman occurred in the Parliament. Sergiy Golovatyi received 41 votes, Nina Karpachova received 207. The next tour will be held on 24 March. N. Karpachova worded the hope that she would be able to receive the necessary 228 votes.
***
Really, on April 14, N. Karpachova was elected the first Ukrainian ombudsman.
The procedure is fixed at last
For the first time in the history of the Psychiatric Association a formal procedure has been elaborated for considering complaints of citizens concerning their treatment as mental cases. Some members are appointed to monitor misuses of psychiatry, among them Semen Gluzman, once himself a victim of the punishing psychiatry.
'Kievskiye vedomosti', 9 February
ON BOTH SIDES OF PRISON BARS
Started on one side and ended on the other
Returning home after the service a praporshchik (ensign) of one of the military units dislocated in Kherson became an unwilling witness of a savage scene: three tipsy young men in militia uniforms kicked a man lying on the ground. The ensign tried to stop them. They reacted very energetically: knocked down the ensign and beat him with rubber clubs until he did not move. After this encounter with three militia sergeants the ensign spent three months in a hospital. The criminal case against the militiamen was started and, in spite of all the red tape, after six months the sergeants were condemned for three years each in the colony of strengthened regime.
'Kievskiye vedomosti', 11 February
A Chernobyl rescuer encarcerated: must he have privileges?
Union for human rights protection in Zaporozhye received a letter which we quote verbatim.
I, Vladimir Shcherbinin, born in 1946, turn to you, appealing for help.
I was a rescuer in Chernobyl, have a second category. Since 1 March, 1993 I am imprisoned, because the court condemned me to 10 years of the strict regime. I do my term in the colony ŸŸ-310/88 (Malaya Tokmachka) and as a rescuer I have no compensation from the state for the additional food. Nobody visits me, the wages to buy something in the shop are practically non-existent. I have TB, my right lung is disintegrating.
I know some prisoners, also rescuers of the second category, who in other colonies (for example, ŸŸ-310/55) get compensation of 37 grivnas that are transferred to their account.
I was sent to Chernobyl from the town of Navoi in Uzbekistan. I was working as a rescuer from April 21 to July 1, 1987. I worked on the roof of the fourth block, evacuated people and loads, worked on Polish elevators. Now I get no compensation which I earned with my labour and my health. I do not know who gets my compensation. I get no aid either from Chernobyl Union or from the Red Cross. I wrote everywhere, but got no answer.
I ask you to help me in getting the compensation since I must stay in the colony five years longer. Getting such food as I do and having TB I shall hardly live to the day of release.
With hope, Vladimir Shcherbinin.
ADVERTISEMENTS
A new bulletin
The international society 'Memorial' started the publication of the monthly 'Informatsiynyi biuleten' ('Informative bulletin'). The first issue (February 1998) is completely devoted to discussing and voting by the State Duma of Russia the problem of planning expenditures for privileges to the rehabilitated. As is known, the State Duma halved the expenditures from one billion roubles, which was suggested by the government, to 500 million roubles.
The bulletin will be distributed by electron mail and by snail- mail. 'Memorial' invites readers to cooperate.
Address : 103051, Moscow, 12, Malyi Karetnyi pereulok E-mail : memnipc@glasnet.ru
Where to get help
G. Sushko, Zaporozhye
In Zaporozhye an interesting organization, regional resource center (RRC) was created and registered in August 1996. The personnel is five young men with good qualifications. The center is headed by Aleksey Pavlichev. He is a psychologist educated in Zaporozhye university and later in the USA. His deputy, Evgeniy Suborov, majored in electronics and later in management in the USA. The other three got higher education in Zaporozhye, all the five have a perfect command of English. Since February 1997 they have got a colleague, Viona Lione, a volunteer from the USA.
RRC permanently aids to twelve NGOs from Zaporozhye and Dniepropetrovsk regions. Dozens of other NGOs turn to their assistance from time to time. In 1996-97 RRC held seven seminars and training sessions for NGO members, in particular, on the following topics: 'Where to find financing for NGO', 'Controlling projects', 'Structure of NGOs, membership in NGOs, attracting volunteers', 'Laws on NGOs' and so on. Those who attended the seminars found them very instructive.
RRC helps other NGOs in sending materials by E-mail and fax, by translating to English projects for obtaining a grant, etc. We have had all these services free of charge.
The contact address of RRC is: 83 Gogol St., Apt. 25 330063, Zaporozhye
Telephone: (0612) 641-880