NEWS ON HUMAN RIGHTS PROTECTION

Ukraine has become the 36-th country which undersigned the European Convention on human rights and liberties

Evhen Perelygin, the acting representative of Ukraine at the Council of Europe, handed Daniel Tarshis, the General Secretary of the Council of Europe, the ratified text of the European Convention on human rights and liberties, Protocols 1, 2, 4, 7 and 11. Thus, Ukraine has become the 36-th signee of the basic agreement of the European intergovernmental institution. According to the communique of the Directorate of Information at the Ministry of Foreign Affairs of Ukraine, since this moment Ukrainian citizens have the opportunity to protect their rights directly in the bodies specially created by the convention to control how the obligations are fulfilled, namely to the European Commission and European Court of human rights in Strasbourg.

An international seminar on human rights for servicemen

The international seminar 'Learning human rights by servicemen' was held in Kiev. This seminar was organized by the International Society of human rights. Basic international conventions on human rights and rights of the military were considered at the seminar together with the questions of their legalization in Ukraine, of the freedom of consciousness, of the alternative service and on the activities of NGOs that work in the field of the servicemen rights protection.

NEWS FROM THE CRISIS FRONT

National economy is still falling

Igor Shumylo, Deputy Minister of Economy, said at a briefing that national economy would not stabilize this year, and the fall of the output will continue. He added that the process of privatization has been actually stopped, as well as the restructurization of enterprises.

The Deputy Minister pointed out that even if the economic regime is liberalized at once, if all the barriers preventing to license the entrepreneurial activity are moved, if the procedure of the registration of private businessmen is simplified, and if the tax press is facilitated, all the same any positive changes in the economy can reveal not earlier than in 3-4 months, and in some directions not earlier than in one year.

The hostage is released

Miners from Krasnodon agreed to release a hostage captured by them. The hostage is V. Fichev, the General Director of the holding company 'Krasnodon coal'. The miners met by applause and whistles numerous departments of the special police that surrounded the square in front of the region administration building.

According to the UNIAN agency V. Fichev was released after his promise to find within 24 hours the money to pay the debt in wages.

Miners unrest continues

The strike continues at seven mines of the holding company 'Krasnodon coal', as well as picketing the building of Lugansk region administration. Besides, 140 miners went on a hunger strike. The reason of all these activities is that pay arrears reached the record level of ten months.

Since 4 August 22 miners of the holding company 'Chervonograd coal' (Lviv region) went on a hunger strike underground, since the pay arrears reached six months.

The total debt in wages to miners equals 1.8 billion grivnas, the pay arrears oscillate between three and ten months.

'Kievskiye Vedomosti', 12 August 1997

Picketing of Lugansk City Council

Representatives of leftish forces picketed Lugansk City Council and collected signatures for the dismissal of Aleksey Danilov, mayor of the city.

At the 12-th session of City Council Communist deputies tried to raise the question of the preterm dismissal of the mayor. The motivation was that during the previous session, when Danilov had been elected, there were multiple violations of the procedure. However, the voting did not take place, because, according to Ukrainian laws, such a result of a secret voting can be cancelled only in court.

Some results of the sociologic polls held by 'Den' newspaper

Average income in 1997.

- up to 60 grivnas: 27%;

- 60 - 120 grivnas: 23%;

- 120 - 200 grivnas: 15%;

- 500 - 1000 grivnas: 1%;

- no income at all: 13%;

- gave no responses: 10%.

'Den', No.121, July 1997

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Are you satisfied with the food your family consumes?

- yes: 32%

- no: 64%;

- difficult to say: 4%.

'Den', No.116, July 1997

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How do you think, what will be the life of your children compared to your own?

- better: 25%;

- worse: 23%;

- the same is we: 18%;

- difficult to answer: 13%;

- have no children: 19%.

'Den', No.115, July 1997

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Social problems which worry the population.

- deterioration of the living standard: 77%;

- pay arrears: 75%;

- growth of crime: 72%;

- state of economy: 67%;

- deterioration of morals: 53%;

- corruption and bribe-taking among state officials: 48%;

- low rate of market reforms: 38%;

- possibility of social upheaval: 36%;

- violation of Constitutional rights and freedoms: 35%;

'Den', No.112, July 1997

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Recollect whether it happened during the last month that you had no money to buy basic foods?

- this did not happen: 26%;

- it happened 2-3 times: 36%;

- it happened 2-3 times every week: 13%;

- it happened practically every day: 22%;

- difficult to answer: 2%;

- gave no answer: 1%.

'Den', No.128, July 1997

New tax for natural persons

E. Bilostotska, UNIAN

Special groups, created at the end of July for the final polishing of the drafts of the laws for reforming the tax system, have ended their work. The law that is changed the most is the law 'On taxes on incomes of natural persons': half of its articles underwent considerable changes and 6 articles were cancelled at all.

According to the professionals, who take part in the changes of the law on incomes of natural persons, it has been, first of all, made accessible for average tax payers and average workers of tax commissions. It is true that all other laws of this package have been simplified, but, judging by those laws that were already adopted and published, they are still so complicated that not all top accountants can understand them well. Another purpose of the reformers was to achieve social justice, since, according to the new Constitution, incomes of citizens must guarantee them a high living standard. In particular, the legislators took out of the monthly total income the sum equaling the boundary of poverty (it was established at the size of 70.6 grivnas by the Parliament in June 1997). This amendment will cost the state budget 950 million grivnas.

It is very questionable if the state budget can afford not getting 950 million grivnas. The Head of the Main Tax Inspection V. Moroz considers that the sum will be partly compensated by the revision (i.e. increase) of other taxes, especially for additional jobs up to 30%, by the reduction of privileges, etc.

The new draft does not provide for privileges to natural persons because of their profession. Thus, for example, workers of atomic electric stations or law enforcing bodies will have equal rights in this respect with other citizens. Only as a result of this measure, the above-mentioned 950 million will become only 125 million.

The modified law suggests quite a new procedure of paying taxes. The taxes themselves are somewhat changed: the annual income of 120 untaxed minimal pays (2040=120x17 grivnas) will be taxed by 10%, from 120 to 500 -- by 20%, greater incomes -- by 30% (not 40% as now).

8 thousand vacancies

In Ukraine about 3.4 million people suffer from poverty and need some elementary custody. These are lonely pensioners, handicapped, parentless children. Their number is permanently increasing. State financing of the support of the socially unprotected layers of the population is inadequate. For example, not a single one of the boarding houses, counting in 59 orphanages, did not get a kopeck for repairs. The best confirmation of the bleak conditions in such establishments is the paradoxical fact: there are 8, 000 vacancies, since not many people strive for state custody. The Ministry of Social Protection is working on the draft according to which the custody establishments would be step by step transferred under the patronage of religious organizations. In its turn the Ministry promises to provide the maximally helpful regime to the religious organizations in their charity and custody activities.

There are plans to organize aged people in Kiev on the voluntary basis for actions of mutual help. Church administration is going to suggest to the Parliament to consider the possibility of budget financing for those religious organizations who will take the burden.

'Den', No.112, June, 1997

Four applicants for one job

During the first half of this year 12.7 thousand were disemployed in Kiev. This is 25% greater than in the similar period of 1996. At a meeting in Kiev City Administration it was pointed out that to find a job is more and more difficult since on average there are four applicants for one job. Besides, the concealed unemployment is growing in the capital.

Association of jobless of the Carpathian region

This association has been organized in Ivano-Frankivsk. The organizing committee in its declaration informed the public that the task of the association will be the protection of Constitutional rights and interests of jobless citizens, another task is the aid to jobless in finding a job.

The organizing committee pointed out that unemployment 'from an economic problem became a problem of national security' and demanded the region administration 'to create a program of liquidating unemployment in the region and to increase the jobless pension and the prolongation of the period when it is paid'.

In Ivano-Frankivsk region 31, 500 jobless are registered, which is the largest index in Ukraine.

The population of Ukraine is decreasing

During the last six years the population of Ukraine has decreased by one million. The main reason of the depopulation is due to the decreased birth rate and increased mortality.

As it was declared at a conference of the Ministry of Economy, the population of Ukraine will decrease during 30 following years and, by 2026 it will equal 46.7 million, which is four million less than now.

Shortage of electricity

Yuri Podkolzin from the town of Kerch informs that the company 'Krymlift' ('Crimean elevators') since 1996 must be financed by the Crimean government. There was no financing, and in March 1997 pay arrears reached seven months.

Everyone owes money to everybody. Most industrial enterprises in Kerch do not work or work but not pay wages. The population, correspondingly, does not pay for communal services, that is why, in particular, 'Krymlift' is not financed and town elevators, including those in hospitals, are stopped, but the situation in the communal sphere of the town, as well as in economy as a whole, resembles the free fall of the elevator.

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L. Mashkin from Kharkov reports about a similar picture. He writes, 'Recently my colleague spent two hours in a dark suspended elevator cabin. Another my lady-friend, an invalid from childhood, had to climb to the 10-th storey on crutches. Another lady-friend, having only one kidney after the operation, climbed to the 13-th storey and fell senseless. "Economy must be economical", was the popular motto in Brezhnev's time. Today the ration of electricity to Kharkov is 189 MW. The city consumes 250-300 MW daily, the consumers owe 26 million grivnas for electricity. In desperate attempts to cut down the consumption the city authorities have started, since 11 September, fanlike cutting of various districts from the electric mains. Evening switches off permit to economize 20 MW, daytime switches off -- about 10'.

Certainly, tragedies happen, especially in hospitals during operations and so forth. Citizens grumble, mass media scream and nobody knows a way out.

MILITIA AND SPECIAL SERVICES

Municipal militia is created

By the end of the autumn the Ministry of Internal Affairs shall approve a new kind of militia - municipal militia of the capital of Ukraine. The prepared model describes the general concept and the organizational structure, as Mikhaylo Kornienko, the Head of the Kyiv MIA Directorate, made public.

According to this information the municipal militia is created to keep order in the city, especialy in markets and streets, for the defence of state offices, for sanitary and ecological control. Mr Kornienko said that 'the municipal militia is certainly necessary, it must have distinctly defined functions, in order not to come to conflicts with other bodies of the same ministry'.

Another function of militia

The Ministry of Internal Affairs received the order from the Cabinet of Ministers to create a special troop in the framework of militia to guarantee security of court officials, law-enforcing officers, the persons who participate in trials as witnesses and members of their families. The suspect, his advocates and those persons who reported the crime also have the right for the special protection. Within one month MIA has the duty to prepare and approve a temporary instruction concerning the activities of the new troop.

'Den', No.115, July 1997

A fourth-degree interrogation

It happened in the town of Rivnyi. During the interrogation Viktor Lysiuk, the senior detective of the department of criminal investigation, shot at and mortally wounded Mikola Rusnak, born in 1969, who was taken to the precinct as a suspect in stealing automobile tyres.

This article is based on the materials provided by Captain of militia I. Lykov.

Stool pigeons: recruitment, work and wages

S. Mikhaylov, Saratov, Russia

Who becomes a secret agent of militia (stool pigeons, as they are known in the USA)? As a rule they are people from the criminal world. This is so although in the instruction No.0015 of 7 June 1989 (top secret, signed by the then Minister of the MIA USSR V. Bakatin) there is an article 'prohibiting to recruit persons who committed a crime'.

Practically it is done in such a way. A detective finds someone to be guilty in some insignificant crime. If the criminal gives his consent to work for militia, then the criminal case is not started. The detective and the future stool pigeon come to mutually useful agreement.

Technically it is done in such a way. The agent is given a nickname under which he will work. Two files are opened: one with personal data and another where all the agent's reports will be stored.

According to some unconfirmed rumors, personal files of all Saratov secret agents were destroyed last year. Other rumors say that it was done in all directorates of the interior throughout the territory of the former USSR.

Then the agent gives an obligation of service. It reads approximately so:

'I, (surname, first name, patronymics) sign the present obligation in which I confirm that I take upon myself an obligation to secretly inform militia officers, with whom I shall cooperate, on all prepared or completed crimes and persons involved in them and also I shall fulfil tasks intended at prevention and disclosure of crimes. My cooperation with militia and all that I shall learn in the process of this cooperation will be kept in secret by me. My reports I shall sign with a nickname such-and-such'. This obligation is kept in the personal file.

It is amusing that members of the Communist Party were prohibited to be recruited by this instruction. Verbatim the instruction reads that recruited as agents 'may be only out-of-party citizens not younger than 18'. The instruction also prohibits to recruit people working in trade union organizations, executive committees of the Soviets, courts, prosecutor's offices, justice bodies and several others. There is an explanation that 'this prohibition concerns executives and not technical stuff'.

On the other side of the cooperation only a rather narrow circle of detective officers are admitted. Practically, 10-15 stool pigeons work under one detective, although the instruction does not give any concrete number.

Where do the secret agents work? In organizations, at industrial enterprises and other establishments situated on the territory of which the detective is responsible. There are agents in crowded places such as markets, railway stations, hotels and restaurants. There are 'touring' agents working as carriage conductors or impersonating passengers. According to the instruction, a detective must meet with his agent not less than two times a month in special secret flats. After each meeting a report had to be written to the precinct commander. This report indicates the nickname of the agent and the contents of his message. Each report is recorded in a special register.

It goes without saying that many agents work in the cells of preliminary prisons. Each agent of this kind has to learn a detailed legend of his crime.

A detective works with his agents through a resident. A resident as a rule is recruited from former agents of KGB and MVD dismissed because of 'noncompromizing motives'. The secret flat, where the detective meets his agents, is a normal flat with one difference: the owner of the flat is also a secret agent. As a rule, he leaves his flat during the meeting of the agent and detective. According to the instruction, 'owners of secret flats must be older than 25 and deserving full trust'.

According to the instruction the detective has to indoctrinate the stool pigeon: 'during a meeting with the agent the detective must conduct the indoctrination work on observation of socialist laws and breed the agent as an implacable enemy of criminals'.

It must be mentioned that instruction No.0015 which we are describing doubles the order No.0030 of 1 August 1974 almost word by word. For example, they have a common beginning: 'The investigation activity must be conducted following the demands of the Communist Party and Soviet State to observe implacably the Soviet laws and to strengthen the protection of rights and legal interests of the citizens'.

It is interesting what was the pay of the secret agents. This question is dwelt upon in a special instruction 'On the order of expenditures for conducting activity of secret agents for the struggle with crime'. An agent once enlisted to work 'voluntarily' after some time can become an experienced and qualified professional and transferred to the category of paid agents. In the regions of Extreme North the monthly pay of an agent was 100-400 roubles, in Moscow and Leningrad it was 100-250, in other towns it was 70-200 roubles. Besides, an agent had many privileges. An agent had the right for a paid leave every year and once in three years he had a free ticket to the place of his rest. If he was ill (but not more than for 4 months in a year) he got his pay, a woman-agent, while pregnancy and while breeding her baby, got her pay too. For outstanding results an agent could be awarded with a pricey gift or by a 'putiovka' (document for gratis staying) in a sanatorium or rest house.

Here I must finish because I am afraid that the readers would stand in long lines near the offices where such jobs are offered.

Big brothers from security services watch us

V. Lozinsky, Riazan, Russia

On November 23, 1995 there was a meeting of Oleg Shubin, a worker of Riazan region pediatric hospital and a member of editorial stuff of the Russian human rights protecting magazine 'Karta', with Andrey Blinushov, the Chairman of Riazan branch of 'Memorial', and with Viktor Lozinskiy, the Chairman of Riazan branch of Helsinki group. Shubin invited the two interlocutors and agreed that what he was going to tell would be recorded and told about. The topic was his cooperation with Riazan Directorate of State Security.

He said that he was recruited as a secret agent at the end of 1989 by Mikhail Anatolyevich Morozov, who at first presented himself as a worker of a local OVIR (department of visas and registration, i.e. the organization that controls any journeys abroad). It was the time when inhabitants of Riazan started to meet rather often with the inhabitants of the 'sister-town' Munster. It should be noted that Oleg Shubin speaks immaculate German. Oleg dreamed to make a journey to Germany but, as a former communication officer, he was not permitted to leave the country. Security officers promised Shubin a foreign passport in exchange for some services.

Here we shall skip the standard details of recruiting, exchanging passwords, meetings at secret flats, etc. The main interest for us is the general direction of security service work with public organizations. That is what we, tax payers, are interested in, this is our Constitutional right as citizens to know why and what some state offices gather confidential information about us for our own money.

Oleg Shubin told that at the first stage he was directed to gather information on Germans in Riazan and participants of Moscow exhibitions. Oleg was ordered to come into contacts with Germans, especially those who brought and distributed humanitarian aid in Riazan. Oleg was all the time reassured that the security service supports the aid, but just wants to check whether the Germans are not spies.

For example, security officers were extremely interested when Dirk Brandle, an artistic photographer from Munster, came to Riazan. There was a great commotion in the security services when Brandle took photos of some girls on the background of a transformer booth. In case of war, the counter-espionage officers explained to Oleg, this booth will be exploded.

Another German who attracted great attention of security officers was Wolf Schwerter, a well-known radio amateur from Munster, the creator of the union 'Munster-Lublin-Riazan radio bridge'. Herr Schwerter organized bringing humanitarian aid from Munster to Riazan in 1989. Since then he was organizing this aid every year. Besides, Herr Schwerter donated to Riazan radio club some old radio appliances. He also organized winter convoys with food and medicine through the territory of Bielorus and Russia controlled by radio. According to Shubin, his liaison officer was sure that Wolf was a spy. Especially suspicious was the following act by Schwerter: he donated two sets of old pagers to two Riazan region hospitals to improve the communication within a large hospital complex. Besides, he recommended to put up two small outer antennae to ensure a stabler communication. KGB forbade the antennae, because training flights from the military airdrome led just over these antennae. Riazan specialists considered that these antennae would fix the flights and transmit the signals to a satellite-spy. Why the latter could not fix the flights without a length of wire on the roof was unexplained. As to the pagers, they were expertised at the plant 'Krasnoe Znamia' ('Red Banner') and were considered suspicious. Shubin got the task to procure the scheme of these appliances.

In 1992 Shubin was handed to another liaison officer. At this time the interests of security service shifted toward public organizations and parties. Oleg Shubin confessed that he could not make himself leave the work for the security service at once. He warned his German objects of observance that he was a secret agent. In his new angle of work his bosses made Shubin pass information on the Russian human rights protecting magazine 'Karta' which is published in Riazan and where Oleg worked in the editorial staff. The special service was interested why much attention of human rights protectors was focused on mass repressions, where they got documents and information for the magazine and -- the most important -- who finances the magazine, what are the links of the editorial staff with foreigners, why members of the staff frequent Poland, who gave the magazine an old offset press, etc. The same interest was focused on the 'Memorial' activities, on leaders and active members of 'Memorial' and Riazan branch of Helsinki group. Members of the editorial staff of 'Karta' also knew that Shubin was a secret agent.

Oleg Shubin was at last permitted (or ordered) to go to Germany. He phoned from there and confirmed his wish to make his story public. He also expressed his fear to return. He said that he had signed his promise not to give away secrets only before he was sent to Germany. Oleg got a special task: to gather information on the opened in Munster cafe 'MIR' of the German-Russian friendship. Oleg was ordered to find out who is the real owner of this cafe, who finances it, who frequents it and why the Russian word '¬Ёа' is written in latin letters.

The sheer idiocy of this task and all other tasks testifies that as before the total political observation is going on. The aim of this process is not reasonable informing of the government; it is for supporting security men and, if it is possible, supporting fear in the country.

It is interesting how numerous is the army of stool pigeons in Ukraine who observe public organizations and which methods they use. As it became known, in the former Romania about 7% of the population were agents of 'Securitat', in German Democratic Republic about 6% were agents of 'Stazi'. It is doubtful that in such an advanced republic as the Ukrainian Socialist one there were less. This estimation gives the number of stool pigeons in Ukraine as 1.5 million.

The last estimation is taken from an article of Sergiy Fedorynchyk, the same Green Peace activist, whose beating is described in the current bulletin. Maybe this idea of the Green Peace activist was the reason of his beating?

Purges in Kyiv

The operation 'Clean Kyiv' is being carried out in the capital. As a result, 1, 000 criminals are detained, about 400 crimes are uncovered, including one ordered killing. After the first week of the operation 100 foreigners have been detained found guilty of violations of Ukrainian laws. At the same time inhabitants of the capital with militia records have been checked, all in all 25, 000. All this was said by Mikhaylo Kornienko, the Head of the Kyiv MIA Directorate. He added that the operation was directed mainly at cleaning markets, central streets, railway stations and recreation establishments of the capital from criminal elements.

More incarcerated than released by amnesty

A. Bukalov, Donetsk

According to the Directorate of Justice of Donetsk region, in the first half of the current year the courts of Donetsk region tried 14, 424 people, 57 were acquitted, 6, 443 got the verdicts of imprisonment. According to the known data, about 2, 700 people can be released from Donetsk prisons according to the amnesty. As you see, the number of prisoners has the tendency for abrupt growth in spite of all amnesties.

15.5 metric tonnes of drugs have been captured

This is just the quantity of the 'white death' that has been captured by various MIA departments, -- informed Colonel Viktor Ivanov, the deputy head of the anti-drug department. More precisely, the total weight consists of poppy-straw -- 13.25 tonnes, marijuana -- 2.1 tonnes, opium -- 112 kilograms, hashish -5.6 kilograms, industrial drugs -- about 30 kilograms, cocaine -630 grams, heroin -- 480 grams.

V. Ivanov pointed out that drugs mainly get to Ukraine by smuggling, 'for example, heroin was brought from Russia'. According to him, Ukraine lately has been used for transit to other countries. International narcomafia regards Ukraine as a convenient country for drugs transit.

Atomic stations must be protected

In Energodar, where Zaporozhye atomic electric station is situated, the training of the officers of the USS for the protection of atomic stations from terroristic acts and attempts of illegal export of nuclear materials has been finished. The main purpose of the training is the perfection of the methods of liberating hostages held by terrorists. The special troop of the USS liberated 'hostages' who were held by 'terrorists' in the administration building, and then liberated 'hostages' that were taken out in a bus.

Professionals from Russia, Kazakhstan and Armenia participated in the training.

Operation 'Foreigner'

During this operation carried out by Lugansk MIA Directorate 101 criminals were detained. 241 crimes, including 3 murders, 3 robberies, 43 thefts of state property, 7 crimes connected with drug pushing, were uncovered.

According to militia sources, about 9, 000 of foreign citizens and persons without citizenship live in Lugansk region. 69 enterprises and organizations employ foreign citizens.

JUSTICE

A year of prison for seeking justice

Oleg Eltsov, Kiev

The chain of events that led Viktor Piatak to the prison started in a kolkhoz (collective farm) near Konotop in the autumn of 1993. Garkusha, a kolkhoz driver, was ordered to dump some waste product into the pond. Deep mud prevented the truck to come to the water edge, so the driver dumped his load on the bank. The waste contained grains, and collective farmers started to carry the waste by buckets to their personal barns and pigsties. Having learned about this breach of discipline, the head of the kolkhoz, Mr Zubko, ordered to stop the misappropriators and to weigh what remained of the waste. It was established that 150 kilograms of the waste were missing. For this harm Zubko ordered to fine the driver by his half-year pay.

It was obvious that the kolkhoz boss punished the driver not only too cruelly, but illegally. Viktor Piatak, Zubko's deputy, said it to collective farmers. When Zubko learned about these words, he sacked his deputy. This was another illegal order, because, according to labor laws, an employee may be sacked if he has reprimands or other punishments before. Disemployed Piatak turned to the district court in Konotop. The court, in contrast to all existing laws and Constitutional norms, refused to take the application. Piatak turned to Sumy region court where his application was not taken too on the ground that he had no written document why the lower court had not taken his case.

While Piatak was wandering in the official corridors, driver Garkusha hanged himself. Then Piatak turned to Konotop procurator's office accusing Zubko according to Article 99 ('Causing suicide'). However, both the district and the region procurator's office did not regard Zubko as guilty.

Then Zubko made his move: he turned to the district court blaming Piatak according to Article 125 ('Libel'). This time the machine of justice worked as well-oiled. In the spring of 1995 Konotop court found Piatak guilty and condemned him for one year of imprisonment for libel. Piatak turned to region court, but got a negative result.

After his release from the prison, where he stayed exactly one year, Piatak turned too the Supreme Court. His application was not taken since among his documents the court verdict was absent. Piatak explained that this verdict was torn to pieces in militia, and the court refused to give him a copy. Then indefatigable Piatak applied to the Presidential administration. He asked the President, who is the guarantor of the Constitution to force the judicial branch of the power to consider the application of a Ukrainian citizen. If it does not help, Piatak is going to turn to the Strasbourg court in human rights, and then the European Court will put on trial not a kolkhoz boss, but the Ukrainian judicial system.

Official news

Suzanna Stanik has been appointed the new Minister of Justice of Ukraine. She occupied the position of Sergey Golovaty whose contribution to reforming justice in Ukraine is undoubtful. The exchange of the Minister reflects to a certain extent the fight of various approaches to further steps in reforming justice in Ukraine.

Our correspondent

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A new procurator has been appointed in Lviv region. He is Stepan Ivanovych Palamar, who earlier was the deputy. The new procurator was born in 1951, he has been working in the system of procurator's service since 1978. He graduated from the faculty of law of Lviv University.

Our correspondent

We must abolish death penalty, but later

L. Mashkin, Kharkiv

This opinion was expressed by the former (1992-1995) Minister of Justice of Ukraine Vasyl Onopenko.

Although the application of the death penalty in Ukraine was condemned by the Parliament Assembly of the Council of Europe, our legislation still contain this punishment, -- said Dr Onopenko (Onopenko is Doctor of Law). This causes negative attitude toward Ukraine, and we can be sure that our state will abolish this punishment in the future. Furthermore, our Constitution proclaims human life the highest value and declares one's unconditional right for life.

The question is if we can fulfil this demand of the Council of Europe just now.

In 1996 over 617, 000 of crimes were registered in Ukraine, 244, 000 being grave. One third of the crimes were not uncovered, among them half of the grave crimes. This year the number of the murdered has grown by 2.4% compared to the previous year, their number is 4, 896, that is 9.2 murders for every 100, 000 of population; by the way, in Europe this number is 0.9. Murders become more and more cruel, sometimes whole families are massacred. The reasons for murders have changed: instead of killings during a drunken fight, many murders now are ordered or related to getting profit. The death penalty in Ukraine is applied just for premeditated murders with aggravating circumstances. The level of crime in Ukraine threatens national security. Will the abolition of death penalty under such circumstances be a suicide for the state?

The capital punishment is retained in the countries that surround Ukraine (Russia, Poland, Estonia, Latvia, Lithuania, Bulgaria). The abolishment of the death penalty in Ukraine can result in attracting killers to Ukraine: they would find our country a safer place to earn the living. By the way in Moldova the death penalty was abolished, and the number of premeditated murders increased by 80%.

There are objective reasons, historically justified, that for many our citizens it is very easy to attempt killing a human being.

Is it reasonable to abolish the death penalty of inhuman sadists, putting them behind the bars for life? This question must be answered at a referendum, because the new prisons will be constructed for the money of tax payers.

Quite another pair of shoes is to delimit the application of the capital punishment. 'During my stay on the position of the Minister of Justice', -- said Dr Onopenko, 'we cancelled from the Criminal Code ten articles that punished with the death penalty. Now five such articles remained. I believe that only one of them must be retained: Article 93, murder under aggravating circumstances'.

Thus, it is impossible to solve all the related problems with one stroke of the pen. That is why, in Dr Onopenko's opinion, while ratifying Protocol No.6 to the European Convention on human rights, Ukraine must warn that the capital punishment will be abolished step by step.

A murderer is mercied

Recently Poltava region court received a message that Leonid Kuchma mercied the murderer Vasily Mukha, resident of the village of Denisovka of Orzhitsky district. A year ago the district was shattered by the brutal murder: without any motives Mukha tormented to death a 12-year-old schoolboy Slavik Grab. The region court condemned the sadist to the death penalty. The Supreme Court of Ukraine approved the verdict, but the President replaced it with 20 years of imprisonment. Maybe, because Mukha himself is 20-year-old.

'Kievskiye Vedomosti', 25 July, 1997

THE SECOND ANCIENT PROFESSION BECOMES THE FIRST DANGEROUS ONE

'Helsinki-90' protests against terror against Ukrainian journalists

The committee 'Helsinki-90' published a communique where it states that during last five months five attempts to kill journalists have been made in Ukraine. The attempts succeeded in cases of Petro Shevchenko, Vitaly Kociuk, Boris Derevianko, Vladimir Kotelnitsky, and the editor-in-chief of the newspaper 'Chernigovsky polden' Konstantin Serdiuk remained alive by miracle. The document states that 'the guaranteed by Article 34 of Constitution the right for freedom of speech and thought, for free distribution of one's opinions and beliefs as well as the right to spread the information is actually not guaranteed'.

The main reason for the growth of the terror against Ukrainian journalists, as the authors of the document believe, is 'the impunity of the executioners of terroristic acts'. It is pointed out that the criminal investigation of the murders of Petro Shevchenko and Vitaly Kociuk, as well as the case of the murdered well-known TV newsman Vadim Boyko, did not result in finding the guilty. The case of disappearance of Mikhaylo Boychishin has also come to a deadend.

The Ukrainian committee 'Helsinki-90' expresses the hope that 'anti-Ukrainian terrorists will be found and properly punished in spite of their status and the status of those who stood behind their backs'.

Out of 39 crimes against journalists only 16 are successfully uncovered

This information was given at a press-conference by Yuri Kravchenko, the Minister of Internal Affairs of Ukraine. He said that two thirds of these crimes are not related with the professional activity of mass media journalists. He added that 'it can be stated with surety that only Boris Derevianko, the editor of 'Vecherniaya Odessa', was killed for his professional activity'.

The Minister said that he signed the order which regulates the work of law enforcers with respect to journalists. Among other things, said the Minister, 'law enforcing officers should immediately react at complaints of journalists and the contacts between journalists and law enforcing officers, including inofficial ones, should be activized'.

Commenting his order, the Minister pointed out that editor Derevianko 'had regular meetings with General-Major Ivan Grigorenko, the Head of Odessa MIA Directorate, and their last meeting was held two days before the murder'. The Minister said that he was sure that if Derevianko had warned Grigorenko of what he knew himself, 'the tragedy would not have happened'. He also expressed pity that Derevianko had not informed law enforcing agencies about an attempt to assassinate him in winter, when his car was shot at.

An editor is beaten

Konstantin Serdiuk, the Editor-in-Chief of the regional newspaper 'Chernigovsky polden' ('Chernigov noon') has been taken to the intense-care ward of the local hospital with a cerebral brain trauma. He was brutally beaten up in the hall of a building. Serdiuk's collaborators are sure that this is the revenge for critical publications.

Our correspondent

Similar news from Odessa

Militia arrested the murderer of Boris Derevianko, editor of the newspaper 'Vecherniaya Odessa'. The professional killer was arrested outside Odessa region. This was made public by Yuri Kravchenko, the Minister of Internal Affairs of Ukraine. According to the Minister, the killer, during the investigation experiment reproduced the murder.

General-Major Ivan Grigorenko, the Head of the Odessa MIA Directorate, said that the murder was linked with the professional activities of the editor.

Some details on Boris Derevianko's murder

Boris Derevianko, editor of the newspaper 'Vecherniaya Odessa', was killed from a gas pistol remade for shooting with bullets. The murderer has been arrested and now the investigation is conducted to find those who ordered the murder. This was said at the press-conference by General-Major Volodymir Melnikov, Deputy Minister of MIA. He also informed that during the operation three other groups of killers were arrested; automatic guns and a grenade thrower were found. Melnikov also told that more than 2, 000 law enforcing officers took part in the operation in Odessa. Melnikov believes that the operation 'demonstrated that the organized crime is under the control of the Ministry and all the main groups during the operation left the city'.

OTHER DANGEROUS PROFESSIONS

A Green Peace activist attacked

On September 9, 1997 at 10 p.m. while coming to his job Sergey Fedorinchyk, the Head of the Ukrainian 'Green world' organization (he was also a collaborator of our bulletin) was attacked by two strangers and brutally beaten up. He is staying in the hospital now with the grave brain concussion. Unfortunately, it is more and more dangerous to take part in the ecological and human rights protection activities.

Our correspondent

A mayor attacked

The prosecutor's office of Odessa region started a criminal case against a group of suspects who captured a flat across the City Administration building. The arrested had firearms and they are accused of a terroristic act.

Eduard Gurvits, the mayor of Odessa, is sure that the arrested prepared his assassination. He expressed the desire 'that the case should be investigated by Kyiv militia or the USS, although he valued high the work of Odessa militia which arrested the group'. He wants to clear who ordered the assassination.

A chieftain attacked

A group of strangers arrived in two cars to house No.102 in Kanatnaya St. in Odessa, broke into the apartment of Leonid Bezklubiy, the former 'otaman' (chieftain) of Odessa Ukrainian cossacks, and beat up the owner. Then the criminals drove away.

The victim characterized the attack as 'putting straight the accounts from the side of political forces that are enemies of Ukrainian cossacks.

OUR MAILBOX

Observance of human rights is the problem of national scale

Grigory Prikhodko, editor-in-chief of the magazine 'Ukrainsky chas', Lviv

I am answering your questionnaire, but not point after point. From my letter you can see that I find your bulletin useful and I would like to receive it. Besides, I would like your bulletin to be popular. Here are some considerations of mine, maybe you shall find some of them useful.

Financing

Nowadays human rights have become an inner problem in Ukraine, and I think that financing of your bulletin must be of the internal origin, namely:

a) from national sponsors, but you shall have to change somewhat the concept of human rights protection, about which I write later;

b) from the Parliament, if you are lucky to convince the Parliament that drafts of laws need public expertise (by your group) as to their concordance to the European norms concerning human rights.

Concept

Nowadays your bulletin is mainly descriptive, with a little of analysis. In the independent Ukraine this problem has to be widely discussed, and your bulletin has to publish and organize such discussions, paying a special attention to the following topics:

a) creation of the law-abiding and law-ruled state and civil society;

b) rights-succession of Ukraine;

c) observance of human rights is an inner problem, a problem of the Ukrainian diaspora and deported peoples; hence it shall be solved by the Ukrainian society and the diaspora.

Taking this into account, the discussion on human rights, beside politics, must be focused at the following directions.

1. Restitution of property. I do not believe that a law-abiding state can be created without the restitution of the rights for private property, trampled and abused by bolsheviks. This problem is exceedingly complicated, but without solving it neither reforms nor independence are possible. When now the government sells property or land, then a question arises whether they asked the agreement of the offsprings of victims of the expropriated and collectivized. The government should be prohibited to sell any property which has not pass the process of restitution. The complexity of the procedure should not frighten us, since what is being done by the government is another wave of expropriation.

2. Rehabilitation. This is another problem of restitution of rights. The rehabilitation which we had was accomplished by the Parliament, and the documents to the rehabilitated were handed by the procurator's offices. This is surprising that courts were set apart from the procedure, although a verdict on rehabilitation of a concrete person is a just verdict. Our Parliament has no judicial prerogatives according to the Constitution of that time, so the rehabilitation law can be appealed against in the Constitutional court because:

a) the former Parliament had appointed Ukraine as a right-successor of the USSR, so the Parliament is responsible for the crimes of the USSR government;

b) since the Parliament had not started a case in Ukraine or in some international court about considering the USSR regime as criminal, then the Parliament prevents the society to restitute justice;

c) the above arguments do not give the Parliament any legal base for making the resolution on the rehabilitation.

Thus, the rehabilitation of victims of the political repressions committed by the Communist regime should be held in courts by the initiative of the repressed, their relatives and human rights protecting societies on the base of Article 55 of the new Constitution. This Constitution declared Ukraine as an independent state, that is it liberated Ukraine from the criminal legislation of the USSR. By the way, the Constitution of the USSR also proclaimed the freedom of speech, so the trials of dissidents contradicted that Constitution, and the repressions were criminal even then.

The operating law on rehabilitation is insatisfactory in the following features:

a) UPA officers remained unrehabilitated;

b) the material and moral compensation is so negligible that it cannot, in any way, be compared to the damage inflicted on the families, health, social status and property of the repressed;

c) crimes (according to the Criminal Code of that time) of investigators, prosecutors and judges which they had committed during repressions stay unpunished;

d) the penitentiary system of that time had not been qualified as cruel and criminal from the viewpoint of the international law;

e) The problem of the status of a political prisoner (they will appear in the course of time) has not been discussed in the Ukrainian legislation.

3. Protection of private enterprises. This problem lately has become acute due to fiscal repressions (fines and arrest of property without court orders). As a result, by the end of July 1997 only 97, 000 of private enterprises remained in Ukraine. To compare, there were 150, 000 a year earlier. To compare again, the corresponding figures for Poland are 1.5 million and 2 million! This is the reason of the collapse of economic reforms. A private entrepreneur should be protected since it is one of the main elements of the state paradigm.

4. Constitutional reform. It goes without saying that the newly adopted Constitution is inadequate. It is high time to start the Constitutional reform and the process must be led by the society that considers itself as civil. The Constitutional reform is a lasting and purposeful process in the course of which the following tasks must be realized:

- clearing up legal and material principles of the state and society and reaching a concensus as to the interrelations of them;

- creation of the concept of human and citizen rights of the relations of citizens with each other, with the society and with the state;

- implantation of the ethics of the civil society and law-abiding state in everyday practice of citizens;

- shaping the critical mass of citizens that would enable us to adopt the adequate Constitution.

To conclude, I wish you to have enough forces to lift the heavy burden of human rights. On my own side, I am ready to take part in discussions and concrete projects. I believe that the extended concept of human rights protection will find its sponsors in Ukraine, because the drawbacks of the society is their headache.

Our response

We seldom receive letters where an original concept of human rights protection is formulated. The letter of the former prisoner of consciousness Grigory Prikhodko is just in this category. It stimulates thinking and the wish to discuss questions concerning the hot problems of the current days.

In my opinion, one can agree with the most ideas of Mr Prikhodko. The question is, what are the priorities, what must be solved first? Because there are other grave problems which Mr Prikhodko left out, such as torture and degrading treatment in militia, army, criminal investigation procedures; there are human rights violations in such spheres as freedom of speech, freedom of information, freedom of consciousness, problems of separate layers of the population, such as refugees, prisoners, invalids, etc.

While ruminating over the concept of Mr Prikhodko I asked myself, what is better: a law with defects or no law at all? The adoption of the law 'On rehabilitation of victims of political repressions in Ukraine' gave an opportunity to aid old and ill political prisoners, who desperately needed aid and it is unrealistic to consider each rehabilitation case in court: it would require too many judges and too much time. So in this case the bad law is better than nothing.

As to the Constitution, I think it would be better if we were left without any Constitution at all. This Constitution is sly in a purely Soviet spirit, it deceives people, and to change it is practically impossible now.

I also believe that the restitution problem is unsolvable now and in future, since the property has been several times redistributed, and I do not see any political forces capable of redistributing it once more. Especially now when practically all the former nomenclature has retained their positions.

What I disagree with is the assertion that human rights become the inner problem of Ukraine. Human rights know no frontiers, and what happens in Ukraine concerns other countries and their citizens. I cannot agree with the proposal to ask for financing from the Parliament: we must be independent from the state. I would be happy to get financing from Ukrainian sponsors, but where are they? I must also add that, having received grants from Western charity funds, our Group never felt any pressure from their side, the pressure concerned us only in the line of writing timely reports about expenditures.

If our readers want to exchange ideas with Mr Prikhodko without intermediaries, here is the address: Grigory Prikhodko, 290006, Lviv, POB 6296.

Evhen Zakharov

Article letter from an American working here

The purpose of this transmission is to request information and to confirm my name and address on your list of newsletter recipients.

First, I wish to request the dates of articles that have appeared in your newsletter regarding the condition of elderly persons in Ukraine. It is apparent that there are many old people who are living and suffering as a result of extremely low incomes. These people may be subject to poor health and poor medical services due to their low incomes. Can you provide copies of any articles?

I am requesting this because I am in the process of preparing a lecture on investing for retirement. This means that I will be discussing ways to build a retirement savings account so that income can be generated by the people of Ukraine for consumption during their retirement years. This is a common practice in Western cultures and the practice of retirement planning may be applicable to the Ukrainian situation. With proper and sufficient retirement planning the elderly people of Ukraine need not suffer. I am attempting to help the Ukrainian situation with my small effort. My mailing address and E-mail address are at the bottom of this transmission.

Second, please confirm the inclusion of my name and address on your mailing list. I am a volunteer with the United States Peace Corps serving in Ukraine since February of this year. I have found your informative bulletin to be very important in my work. It is the foundation upon which I have been creating my efforts. This is very important to me. Your continued mailings will be greatly appreciated.

Most sincerely, W. John Koepsell

Our response

We have included our American colleague into the list of recipients of our bulletin and will send him the clippings he needs. If our readers want to contact him concerning the discussed problem here is his addresses:

W. John Koepsell Dnepropetrovsk 320101 Ukraine P. O. Box 4

E-mail: wjk@itp.dp.ua

Capitalist laws and socialist incomes

It would sound wild if an American worker would write 19 letters to the US President demanding to give him gratis an apartment in a good neighborhood. If this worker worked normally, he would earn enough to buy such a flat without Presidential aid. In the former Soviet Union people got beggarly pay, but it was somewhat compensated by freely (though seldom) given apartments, negligible rent, etc. Now the wages even diminished, but no one will give a worker a free flat. For socially unprotected this is a source of tragedies. A bitter illustration is the following letter by M. Bratishko from Zaporozhye.

I, Bratishko Mariya Fedorovna, 60-year-old, a Veteran of Labor, am at present a gravely ill beggarly 1 group invalid. I practically cannot go out of the house and I have no children and no relatives. I live in a one-room flat at 32/2 Vyborgskaya St. in the 8-th settlement in Greater Zaporozhye.

In 1994 I turned to the authorities asking to help me, taking consideration of my health and situation, to exchange my flat to another one close to a hospital, drugstore and foodshop.

I got my flat in 1980 from 'Dneprospetsstal' plant where I was working in the press shop for 24 years. My house is situated among ecologically dangerous plants. In 1992 the City Council ruled to move the inhabitants of my and several adjoint houses to some ecologically cleaner neighborhood at the expense of the environment polluting plants. The plants paid nothing. In 1961 I was found to have chronic diffuse encephalomyelitis, in 1981 I got sugar diabetes.

Since 1994 my health has abruptly deteriorated: I have frequent diabetic comas and a virulent form hypertension with frequent crises. This year I was given 1 group of invalidity, which is given only to people who need permanent care. And I live alone!

In the 8-th settlement, where I live, there is no hospital and no drugstore. The foodshop is far away and they sell there mainly bread and vodka. The bus service is inadequate, I tried to come to the nearest hospital on foot but fainted.

Since 1994 I wrote more than 50 complaints to the administration of my district and region, 19 complaints to the President of Ukraine, 7 complaints to the Parliament, 2 complaints to Sergey Sobolev, our MP.

human rightsigh authorities send my letters down to district bosses, and the latter answer me that they have no living accommodation to distribute. For more than three year these bureaucrats have devoided me of the right for medical aid, for social protection and, after all, for life. To whom is it possible to appeal against their malpractices?

With profound respect and hope M. Bratishko

All the materials whose sources are not indicated are taken from the UNIAN.