APPEAL OF THE UKRAINIAN HELSINKI UNION OF HUMAN RIGHTS

To: The UN Working Group on Enforced or Involuntary Disappearances
The UN Committee against Torture
The European Committee for the Prevention of Torture (CPT)
International Human Rights Organizations

The Presidential election campaign under way in Ukraine has been marked by grave violations of fundamental human rights and freedoms. Recent events demonstrate that the Ukrainian authorities have resumed persecution of independently minded people, using law enforcement agencies as a tool of political struggle.

Law enforcement agencies are employing considerable resources to intimidate citizens supporting the opposition and to fabricate criminal proceedings against activists of opposition movements.

On 16, 17, and 18 October 2004, police officers carried out unauthorized searches on the premises used by youth civic information campaign «Pora!» («It’s time!»), «Studentska Khvylya» («Student Wave»), «Studentske Bratstvo Lvivshiny» («Fraternity of the Lviv Region»), and the National University «Kyiv-Mohilevska Academy.» Earlier, searches had been carried out in several regional headquarters of opposition Presidential Candidates. The searches were conducted under far-fetched pretexts, such as search for explosive devices or examination of anonymous information claiming that those organizations were involved in terrorist activities. Several activists of those organizations were detained throughout Ukraine. Most of those detained were released in a few hours. According to them, during the interrogations, they were questioned about the contents of distributed publications, critical to the current authorities.

During the search of a Kyiv office of the All-Ukrainian youth civic information campaign «Pora!» police officers allegedly found an explosive device. This was used as grounds for taking Yaroslav Godunok, the tenant of the premises and a member of the opposition «Ukrainian People’s Party», into custody. It is extremely doubtful that the explosive device ever existed or belonged to the organization, because it had not been found during an earlier close search with the use of a police dog and in the presence of State Deputies. The device was found only when the police officers remained alone in the room, where the previous search had failed to discover anything. This indicates a very high likelihood that the explosive was deliberately planted by law-enforcement agencies. There were also 3 tons of literature in support of the opposition in the room which was sealed off after the search. Although only that rather questionable evidence had been found, the All-Ukrainian organization was publicly proclaimed a paramilitary formation and accused of terrorism. On these grounds, a large number of its representatives have faced persecution.

A press conference was held the next day at the Office of the General Prosecutor, where conclusions as to the possible complicity of the political opposition in the terrorist acts were made public. In this way, the Office of the General Prosecutor is not only breaching the presumption of innocence of those who are being charged. The reckless disclosure of the «confidentiality of investigation,» disclosure of which is a criminal act, demonstrates that the activities carried out by the law enforcement agencies in this instance are aimed not at maintaining law and order, but at providing compromising information for the benefit of certain political forces.

Most Ukrainian TV channels are producing their news programs in accordance with press releases issued by the state authorities (so called «temnyky»[1]). The published «temnyky» demonstrate that the State authorities are trying to create in society the impression that the activities carried out by youth opposition organizations «Pora!» and «Chista Ukrayina» («Clean Ukraine») are of a terrorist nature.

We are receiving information from all regions of Ukraine that the Security Service of Ukraine are summoning activists from those organizations for questioning. These are predominantly young people who have never before been implicated in any illegal activities.

It is becoming a routine practice of the law enforcement agencies to detain scores of public activists during visits by Viktor Yanukovych, Presidential Candidate and Prime Minister, to various regions of Ukraine. According to our information, over the last two days, October 18 and 19, during his visits to Chernihiv and Poltava, 17 people, who have taken part in distributing printed materials critical of the Prime Minister, were detained.

In most cases, during the detention, no detention protocols are compiled. The detained activists are advised to stay away from politics. In some cases, threats have been made that grounds will be found for bringing criminal charges against them. For instance, in Chernihiv, Oleksandr Kovalenko, a member of «Pora!» was detained and accused of dealing in counterfeit money. Others were threatened that they would be charged with stealing mobile phones or with rape.

On 19 October a new wave of detentions of activists of the information campaign «Pora» took place in Chernihiv. During a search of the premises of one of the activists, an explosive device, as well as counterfeit money, was found. In this, according to a lawyer, there were repeated and flagrant infringements of the requirements of the Criminal Procedure Code for carrying out such investigative activities. Moreover in all cases nothing else was found to prove that the explosives belonged to those detained.

We believe that such synchronized, systematic and mass actions by Ukrainian law enforcement bodies would be impossible were they not sanctioned by those in control at the Ministry of Internal Affairs, the General Prosecutor’s Office and the Security Service of Ukraine.

We consider that the practice of mass and synchronized short-term detention of representatives of the opposition, lasting up to 72 hours. (until the deadline for bringing a formal charge), has nothing in common with the holding of free elections, is incompatible with the principles of democracy and must be stopped forthwith.

The above facts, in our opinion, unequivocally demonstrate that the activities carried out by the Ukrainian law enforcement agencies clearly constitute political persecution of civic activists, have no basis in law and are in conflict with the premises of the International Covenant on Civil and Political Rights (CCPR) and European Convention on Human Rights and Fundamental Freedoms (ECHR).

We appeal to international organizations to officially warn the government of Ukraine that it is inadmissible to violate human rights in order to achieve political aims.

We appeal to international and foreign non-governmental organizations to support the joint actions carried out by Ukrainian human rights organizations to defend the rights of those who have become victims of arbitrary detentions, arrests, and other forms of political persecution carried out by Ukrainian law enforcement agencies.

[1] «temnyk» from the word for «theme» or «topic» (and from the word for «dark») – these were the instructions given journalists as to how to cover those subjects which were ‘permitted’, and which subjects were to be ignored entirely. (translator’s note)