Final Narrative Report (2 July 2003 - 1 July 2006)
Activity I. Gathering information and carrying out public investigations of facts of torture and cruel treatment, as well as passing, in particular, through the Internet, this information to people, mass media and organizations involved
Since 2 July 2003 until 1 July 2006, 1490 reports have been gathered, including:
- by KhPG – 692, of which 352 applications/visits to the public reception office (187 in the third year of the Project) and 340 reports gathered in the media;
- by the regional partners under the Project – 798, including applications to the Fund for the Professional Support to Victims of Torture and Cruel Treatment, were sent to KhPG.
In fact, in response to all of these reports, members of the human rights organisations have extended advisory aid to the citizens, conducted public investigations within their competence and extended aid by professional lawyers cooperating with their organisations.
The reports sent by the Project partners were collected, generalised, and published in KhPG’s electronic reviews “Proty Katuvan” (Against Torture) (in Ukrainian and English languages). Later the reports were included in an annual review of reports on torture and cruel treatment, as well as in relevant sections of KhPG’s biweekly bulletin “Prava Ludiny” (Human Rights). Those materials were also put on KhPG’s web-site, www.khpg.org (in Ukrainian and English languages).
Activity II. Creation of the mechanism directed to render legal, expert and medical aid, including judicial protection, to victims of torture
The Fund for the Professional Support to Victims of Torture and Cruel Treatment for full or partial reimbursement of legal and expert aid in cases, related to use of torture, which was established in 2003, has actively worked. The Fund’s staff is 2 persons – administrative manager and coordinator.
In January of 2005, a web-page “Practice of Protecting Human Rights” was launched at address: http://khpg.org/index.php?r=35. In the web-page, the Fund presented detailed descriptions of all cases it had been supporting. The texts were supplied with hyperlinks to copies of original documents of the case-files. Any new developments in the cases were posted on the KhPG’s homepage and added to the descriptions. Currently, there are 52 descriptions: 34 entries (2004), 16 entries (2005), 2 entries (2006).
In the course of the Project, the Fund financed the work of lawyers and experts under 136 agreements (46 agreements in the last year of the Project). Of these agreements, 27 were agreements in response to reports sent by KhPG’s regional partners. The rest were agreements arisen from the appeals submitted to KhPG’s reception office, and cases submitted by lawyers and supported by the Fund.
Sixty three (63) agreements provided for the preparation of applications to the European Court of Human Rights (18 such agreements in the last year of the Project).
On 5 April 2005, the European Court delivered a judgment concerning the application submitted by the Fund’s client Aleksey Afanasiev, in respect of violations of Articles 3 and 13 of the Convention. The Court dismissed the Government’s preliminary objection, held that there had been a violation of Article 3 and 13 of the Convention, and held that Ukraine was to pay the applicant EUR 6,500 in respect of non-pecuniary damage and EUR 610 in respect of costs and expenses. The judgment attracted much media attention in Ukraine, as it was a first case of its kind won by the victim of cruel treatment in Ukraine.
As of July 1 2006, 4 are pending before the Chamber and 3 are on communication with the government of Ukraine.
None of the applications sent to the European Court in the context of the Fund activities was considered as unacceptable.
Activity III. Development of the network connecting people and organizations interested in problems of torture and cruel treatment
The Project Board of Trustees, created in 2003 to efficiently carry out the Project and provide coordination between all of its participants, continued its work.
Project Director Yevgeniy Zakharov regularly informed the Board members - Valeria Lutkovska, Ukraine’s Deputy Minister of Justice in 2003-2005; Gennadiy Udovenko, Chair of the Ukraine’s Parliamentary Committee on Issues of Human Rights, National Minorities, and International Relations; Nina Karpacheva, Ombudsperson at the Ukraine’s Parliament; and Aleksey Korotaev, the member of the International League of Human Rights (Geneva) - about the progress of the Project.
The members of the Board have provided valuable contribution to the Project. In 2003-2005, Valeria Lutkovska regularly informed participants of the Project on questions, related to the Project’s subject, raised before the European Court by the applications, which came to the Ministry for communication; sent translations of the European Court’s decisions regarding Ukraine; participated as a speaker in the seminar for judges in Kharkiv.
Gennadiy Udovenko handed over to KhPG written complaints about use of torture received by his Parliament’s Committee and wrote MP’s requests to the Ministry of Interior on the matter.
Nina Karpacheva helped in organising public events of the Project. She repeatedly shared with participants of the Project information about specific facts of torture.
Aleksey Korotaev maintained international contacts of the Project, in particular, with the UN Committee against Torture, and gave suggestions regarding preparation of the alternative report to this committee.
The problem of torture has been discussed at 12 Board meetings, where also specific steps on execution of the Project have been formulated.
In the course of the Project, KhPG cooperated with 38 Ukrainian organisations, of which: 9 organisations were special partners, working on independent mini-projects in the framework of the Project, 29 organisations were regional partners and information network members, collecting information about torture and cruel treatment, helping victims, and carrying out other activities described in this Report. The final list of partnering organisations is as follows:
Special Partners:
1. Kharkiv Institute of Social Research
2. National University of Interior
3. Kharkiv Regional Union of Soldiers’ Mothers
4. NGO “The Professional Assistance” (Komsomolsk, Poltava Region)
5. All-Ukrainian Independent Association of Judges (Kyiv)
6. Centre of Political and Legal Reforms (Kyiv)
7. Ukrainian Helsinki Union on Human Rights (Kyiv)
8. International Society for Human Rights–Dnipropetrovsk Branch
9. Public Organisation “For Everyone’s Rights” (Kremenchuk, Poltava Region)
Regional Partners:
1. Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms (Lugansk)
2. Environmental–Humanitarian Society “Green World” (Chortkiv, Ternopil Region)
3. Sevastopol Group for Human Rights Protection (Crimea)
4. Environmental and Cultural Centre “Bakhmat” (Artemivsk, Donetsk Region)
5. Zhitomyr Regional Section of the International Society of Human Rights
6. Legal and Political Research Centre “SIM” (Lviv)
7. Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (Severodonetsk, Lugansk Region)
8. International Society for Human Rights–Ukrainian Branch (Kyiv)
9. Vinnitsa Human Rights Group
10. Ukrainian Environmental Association “Zeleny Svit” (Green World) (Kryviy Rig, Dnipropetrovsk Region)
11. Chernigiv Public Committee of Human Rights Protection
12. NGO “Civic Initiatives” (Kirovograd)
13. Kherson Regional Charity and Health Fund
14. All-Ukrainian Youth Organisation “Molody Rukh” (Young Rukh) (Zaporizhya)
15. Poltava Media-Club
16. Ukrainian Environmental Association “Zeleny Svit” (Green World) – Kyiv Branch (Kyiv)
17. Regional Civic Charity Foundation “Right and Democracy” (Lviv)
18. Centre for Research of Regional Politics (Sumy)
19. Chernivtsi Regional Branch of “Committee of Voters of Ukraine”
20. Rivno Regional “Committee of Voters of Ukraine”
21. Newspaper “Vikna” (Kalush, Ivano-Frankivsk Region)
22. Civic Bureau „Human Rights Protection” (Sumy)
23. National Scout Organisation of Ukraine “Plast” (Ivano-Frankivsk)
24. National Scout Organisation of Ukraine “Plast” (Lutsk)
25. National Scout Organisation of Ukraine “Plast” (Ternopil)
26. Chernivtsi Regional Organisation “Human Rights”
27. Ukrainian Independent Public Society “Zakhyst” (Defence) (Cherkasy)
28. Grassroots Information Resource Centre, NGO (Kyiv)
29. All-Ukrainian Public Organisation “Pora” (It is Time) (Kyiv)
KhPG plans to main and expand the created network for more human rights activities in regions under its next projects.
During 18-19 September 2003, KhPG together with the USA Embassy in Ukraine held conference “The Freedom of Speech and Human Rights in Ukraine - 2003” at the Kyiv National University. Over 200 representatives of various governmental and non-governmental organisations, both Ukrainian and foreign, attended its opening session and 5 plenary sessions. During the conference KhPG shared information about the Project and actively recruited new network members.
During 29-30 September 2003, KhPG held in Kharkiv a workshop for actual and potential regional partners. There were 44 representatives of 28 Ukrainian NGOs. The participants obtained a full set of Project materials, as well as publications on tortures and cruel treatment. At the meeting, 7 agreements for cooperation were signed.
During 4-7 December 2003, KhPG held in Kharkiv the Fourth School on Human Rights. There were representatives of human rights organisations from Ukraine and Russia. Among its 42 participants, there were 34 members of Ukrainian NGOs, mainly actual and potential partners under the Project. All participants obtained full information about the Project and printing materials necessary for their work.
During 28-29 May 2004, KhPG together with several actual and potential partners held seminar “Public Reception Offices of Non-Governmental Human Rights Organisations.” As a result of this seminar, a few new partners joined the Project.
During 11-12 January 2005, KhPG held in Kharkiv a workshop for special and regional partners. There were 30 representatives of 19 Ukrainian NGOs, 1 university, and 1 research institution (23 men, 7 women).
During 27-30 January 2005, KhPG organised and held 1st Stage of the Fifth School on Human Rights for activists of Ukrainian human rights organisations. There were 51 representatives of 39 organisations from 18 regions of Ukraine, Kyiv, and the Crimea (29 men, 22 women).
During 19-20 February 2005, 2nd Stage of the School was held for Kharkiv-based human rights activists. It was attended by 30 participants (15 men, 15 women).
During 3-4 June 2005, KhPG held in Kyiv a seminar for the Project regional and special partners and other organisations concerning preparation of regional and national report on human rights in Ukraine in 2005, as well as concerning access to information relating to human rights. The seminar was attended by 45 persons – 27 men, 18 women. For the seminar, KhPG prepared “Guidelines for preparing annual reports on human rights,” which was handed over to each participant.
(See details of the above events in the previous Reports.)
On 17 December 2005, KhPG held in Kharkiv a workshop for the regional partners. Project coordinator Andrey Stanislavskiy (KhPG) informed about the work done under the Project in the 2nd year and activities planned for the 3rd year. Special and regional partners reported about their work and problems they encountered.
During 19-22 January 2006, KhPG organised and held the Sixth School on Human Rights for activists of Ukrainian human rights organisations. There were 46 representatives of 41 organisations from 21 regions of Ukraine, Kyiv, Sevastopol and the Crimea (20 men, 26 women).
In the first day, after presentations of participants, Yevgeniy Zakharov, Co-chair of KhPG, presented lectures on a general concept of human rights and on protection of human rights. In the afternoon, participants worked in sections, discussing such topics as protection of human rights and politics; human rights organisations and the authorities; cooperation between human rights organisations.
In the second day, Lyudmila Klochko, a director of KhPG’s public reception office, told about the work of public reception offices of human rights organisations. Vsevolod Rechtskiy, lecturer of the National Law Academy and constitutional expert of KhPG, delivered lectures “The Ukrainian Constitution in the current context” and “Openness of information as a universal requirement.” Yevgeniy Zakharov told about protection of human rights in Ukrainian courts and at the European Court of Human Rights. In the afternoon, participants discussed in sections information exchange, organisation of joint actions and campaigns, and protection of human rights and the media.
In the third day, Yevgeniy Zakharov introduced participants to financing of human rights organisations, basics of fundraising, and methodology of writing project proposals. In the afternoon, participants practiced in writing project proposals.
In the fourth day, participants received consultations concerning projects they were working on or considering. Project coordinator Andrey Stanislavskiy told about internal management of human rights organisations and preparation of reports.
At the end of the School, the organisers proposed participants to anonymously fill in evaluation forms to assess organisation of the event on a 12-point scale. The average point was fairly high - 11.23.
On 22 May 2006, KhPG held in Kiev a workshop for the regional partners. Yevgeniy Zakharov told about tasks concerning the completion of the Project and preparation of partners’ final reports. Partners discussed the ways of their cooperation in the future.
Partners participated also in other related projects and events organised by other NGOs. Below are a few examples.
KhPG and its regional partners - Chernigiv Public Committee of Human Rights Protection, Kherson Regional Charity and Health Fund - actively worked under the project on improvement of the human rights situation in Ukraine through extending legal assistance by non-governmental organisations sponsored by the European Commission carried out by the International Helsinki Federation on Human Rights and Committee “Helsinki-90” (Kyiv). Their representatives worked as lectures and participants in seminars held in Kharkiv (28-29 May 2004), Lviv (3-4 September 2004), Kyiv (28-29 December 2004), Chernigiv (6-7 May 2005), Kharkiv (1-2 July 2005), Chernigiv (25-26 November 2005), Kharkiv (18 December 2005), Lviv (17-18 February 2006) and Kherson (28-29 April 2006).
KhPG together with the Ukrainian Helsinki Union on Human Rights held the Second Forum of Human Organisations entitled “Monitoring of human rights and fundamental freedoms in Ukraine” (11-12 April 2005) and the Third Forum of Human Organisations entitled “Observing of human rights in Ukraine: public analysis of the government policy” (20-21 May 2006). Among participants at both events there were representatives of almost all organisations comprising the Project network.
In 2005, the Vinnitsa Human Rights Group informs that the Group has conducted 4 seminars (Vinnitsa, Lviv, Sevastopol, and Lugansk) for physicians, lawyers, journalists, and human rights activists. KhPG supplied packets containing informational materials and books for participants of each of these seminars and other events held by its partners.
In 2003 an electronic conference [email protected] was created to provide uninterrupted communication between the network members continued, which actively operated until the end of the Project. There the network members exchanged information about their activities and expressed their concerns and ideas related to the Project. Starting from 1 January 2005, it was established to send monthly reports not to KhPG directly, but to the UWGAT-conference in order to make all the network members promptly aware about each other’s work. Also, it was decided, to send here applications addressed to the Fund for the Professional Support to Victims of Torture and Cruel Treatment and responses from its management. Again, it was done to let the network members know about the “mechanics” of the Fund operation, thereby contributing to its transparency and helping less experienced members to prepare more quality applications, which be more likely approved for financing by the Fund Board. The total number of messages sent through UWGAT is 1118.
The regional partners opened 15 new public reception offices for processing applications received from citizens on issues of tortures and cruel treatment. New reception offices appeared in the following cities and towns: Chernigiv (2003); Vinnitsa, Kherson, Lugansk, Chortkiv, Artemivsk, Kyiv (2004); Sumy, Kirovograd, Kremenchuk, Chernigiv, Artemivsk, Zaporizhya, Zhitomyr (2005).
In the context of the network operation, KhPG asked regional partners to conduct a monitoring of court hearings in cases on administrative (minor) offence, which entail administrative arrest or/and detention. KhPG developed the Standard Form of Observations and disseminated it among the partners. Even though judicial administrations in many regions created difficulties in access to trials, 8 regional partners managed to carry out the monitoring and sent filled Forms to KhPG.
Activity IV. Organization of joint actions and campaigns of network members aimed at the prevention of torture and protection from torture and cruel treatment
Campaign against adoption of a new Code of Criminal Procedure in the proposed version
In summer of 2003, the Ukraine’s Parliament passed in first reading a new version of the Code of Criminal Procedure (CCP).
A lot of legal experts, as well as most of Ukrainian human rights activists believe that the draft of this law, one of the most important laws for any nation, contained dozens of norms that unfoundedly limit human rights and the basic freedoms. It failed to address the Ukraine’s international obligations regarding human rights protection, tried to legally fix the absolute helplessness of an individual, and left wide possibilities for arbitrary and uncontrolled actions on the part of the law-enforcement agencies. During 2003-2004, KhPG, along with the partner organisations held several events, including public hearings, and prepared and distributed several analytical studies in order to prevent this bill to go for the second reading at the Parliament (see details in previous Reports).
On 19 January 2006, the Ukrainian Helsinki Union for Human Rights (UHUHR) along with the International Renaissance Foundation, National Commission for the Strengthening of Democracy and Establishing Rule of Law, held a public hearing of the draft Code of Criminal Procedure. For the event, Volodymyr Yavorskiy, a programme director of UHUHR, prepared an analytical study and press-release. Among the participants was Sergiy Golovaty, Ukraine’s Minister of Justice.
To date, this bill has not been adopted. In March of 2006, the National Commission on Strengthening of Rule of Law (advisory body at President) created a working group for the preparation of a new draft based on principles of human rights Lawyer Arkadiy Buschenko, KhPG’s legal expert, became member of this group.
Action for providing right for freedom from tortures in Ukraine: First Forum of Civic Human Rights Organisations
During 31 March – 1 April 2004, the Council of Ukrainian Human Rights Organisations and Chernigiv Public Committee of Human Rights Protection, with the assistance of the International Renaissance Foundation held in Kyiv the First Forum of Civic Human Rights Organisations “Human Rights during Elections.” The idea of the meeting was to discuss and find ways of cooperation between civic human rights organisations during the election campaign of 2004, as well as to develop a strategy of their cooperation for the year.
The Forum adopted “Open Appeal of the Participants of Forum of Civic Human Rights Organisations for providing right for freedom from tortures in Ukraine,” prepared by KHPG and the partner organisations, which was signed by 56 representatives of the Ukrainian human rights organisations.
Action against unlawful detention of Nechayev
In 2003, Oleksiy Nechayev, a mayor of Alushta (Crimea) was detained with permission of the Pecherskiy District Court in Kyiv and held at a temporary detention isolation centre in Simferopol for 26 days without his bringing to a judge. KhPG and 5 Project partners applied to the General Prosecutor’s Office, Ministry of Interior, Ministry of Justice, Supreme Court, various Parliament’s committees. All the letters were answered in writing by the officials. KhPG also sent the information to the European Committee on Prevention of Tortures.
Nechayev eventually was brought to the Pecherskiy District Court in Kyiv, and, after court hearing, was released under undertaking (city arrest).
Action in support of Drozdov
In 2003, Gennadiy Drozdov, critically ill, was held in an overcrowded cell at a temporary detention centre in Sevastopol (Crimea). On the initiative of the Sevastopol Group for Human Rights Protection, several Project partners stood up for him, sending letters to the Crimean and national authorities. Written answers from the authorities were received.
Drozdov was treated in a TB-clinic and placed back to the temporary detention centre.
Action in support of Zakharkin
In May of 2003, resident of Kalush (Ivano-Frankivsk Region) Oleksiy Zakharkin was detained by officers of the criminal police. During a week he was held in various district police stations in the Ivano-Frankivsk Region, where he was tortured, and, as a result, he tried to commit a suicide. A criminal case was opened against the police officers. On the initiative of KhPG, 9 partners sent letters to the General Prosecutor’s Office of Ukraine and Prosecutor of the Ivano-Frankivsk Region, informing them that Zakharkin is under pressure to give up his attempt to call the guilty individuals to justice. The answers were received.
The Fund for the Professional Support to Victims of Tortures and Cruel Treatment supported Zakharkin. An application was sent to the European Court on violations of Articles 3 and 5 of the Convention.
Action in support of Beslan Kutarba and Revaz Kishikashvili
Beslan Kutarba and Revaz Kishikashvili were detained on 30 and 31 August 2004 respectively by police officers from the Nakhimovskiy Station of Interior in Sevastopol. They were accused in a crime to which they had reportedly confessed. Reports indicated that police possibly was torturing and ill-treating the men to force them to confess to unsolved crimes that they apparently had not committed. The two men, thought to be in very poor health, were being held in the temporary detention centre in Sevastopol. KhPG along with the Sevastopol Group for Human Rights Protection informed about the incident the Amnesty International (AI). AI, through its Urgent Action Network, organised mass appeals against violations of human rights to the General Prosecutor’s Office of Ukraine, Sevastopol City Prosecutor’s Office, and Sevastopol City Department of Interior.
As a result of the action, the prosecutor’s office and police improved their treatment of the detainees, and medical examination, which confirmed their beating, was carried out.
Action to protect human rights during the Presidential elections of 2004
The events surrounded the Presidential elections of 2004 proved to be a critical challenge to the Ukrainian society and its attitude toward protection of human rights and fundamental freedoms, in particular. All public NGOs, participants of this Project, were actively involved in those events, even prior to the official start of the campaign (4 July 2004) until the re-vote (26 December 2004).
Since May 2004, KhPG and its partners, together with international organisations, including the International Helsinki Federation on Human Rights and Article 19, conducted a monitoring of the election campaign. Information about violations of human rights obtained by regional partners was sent to the network and media.
The centre of the student protest against unlawful actions by the authorities during the elections campaign was the Civic Campaign “Pora!” (It’s Time!). Its aim was to monitor violations of the current legislation during the election process and to terminate them by non-violent actions, such as posting and distributing leaflets, holding peaceful demonstrations and the like. KhPG, in particular through the Fund for the Professional Support to Victims of Torture and Cruel Treatment, along with its regional partners extended legal assistance in several cases, when law-enforcement agencies persecuted members of “Pora!” The surge in detentions of “Pora!” members and calls from Ukrainian NGOs urged the Amnesty International to issue a respective statement.
Many partners organised mobile monitoring groups on the voting days, especially during the re-vote on 26 December 2004, to prevent violations of the election legislation and voter rights.
Action against unlawful practice of classifying decrees by the President of Ukraine
On 31 January 2005, Yevgeniy Zakharov (KhPG) sent an open letter to President of Ukraine Viktor Yushchenko on the unlawful practice of classifying legal acts, which was received by the Presidential Secretariat on 3 February 2005. Since then, through web-site “Maidan” (www.maidan.org.ua), KhPG collected signatures for this letter from organisations and private persons concerned with the problem of the openness on the part of the government. The letter was eventually signed by 32 organisations, including many Project partners, and 580 private persons.
During February-June 2005, KhPG and the Public Alliance “Maidan” held several press-conferences on the issue of unlawful classifying of legal acts by the President and participated in other public events, including KhPG’s participation at a popular talk-show “Double Proof” of “Studio 1+1” on the 2nd national TV-channel (5 April 2005) attended by senior members of the Presidential Secretariat, Ministry of Justice, and MPs.
Because of the inaction on the part of the authorities toward the openness of unlawfully classified legal acts, several human rights organisations sent information requests to the Presidential Secretariat and Cabinet of Ministers. They requested to disclose titles of such acts. Unfortunately, no replies were received. Therefore, 4 activists filed a lawsuit regarding the inaction on the part of the President.
Action in support of Kherson journalists Maksim Soloviev and Natalya Kozarenko
On 12 July 2005, in Kherson, there was an incident with journalists Maksim Soloviev and Natalya Kozarenko of the local newspaper “Vgoru” published by the Kherson Regional Charity and Health Fund (KhRCHF), a partner of the Project. When they were on their journalist mission, several unidentified persons using force took away the journalists’ Dictaphone and camera. The KhRCHF asked the Project partners to send letters to the Kherson regional and city authorities to undertake measures to establish identities of the attackers and open a criminal case concerning the prevention the journalists from executing their professional duties, unlawful possession of property, and deliberate damage of property. A few partners responded to the call. In her e-mail of 7 November 2005 to KhPG, Alla Tyutyunnik, President of KhRCHF, thanked everybody who participated in the action and informed that, after all, the police and prosecutors’ authorities began investigation of the incident.
Action in support of several inmates suffered persecution
In November 2005, KhPG received information that Gennadiy Zherdev, an autonomous member of the International Society for Human Rights – Ukrainian Section (ISHR-US), maintains communication between the Government of Ukraine and the European Court on behalf of several inmates (G. Yu. Druzenko, S.V. Davydov, S.Ya. Gomenyuk, V.V. Ilchenko, and others), who suffered persecution, including torture and threats, for their complaints against violations of their rights by officials of the State Department of Corrections. On 16 November 2005, KhPG asked its Project partners to send letters to various government authorities to take measures on protecting the applicants to the European Court who were still held at the correctional facilities, investigating the facts of pressure on the applicants, and punishing the perpetrators. According to information received by KhPG, by December the State Department was “flooded” with letters from various NGOs.
The Fund supported individual case of Gennadiy Druzenko, Sergiy Davydov, Vasil Ilchenko, and Sergiy Gomenyuk. This case includes the preparation of application to the European Court concerning the violation of Articles 3, 9, 10, 13 and 14 of the European Convention.
Action in support of Server Ibragimov
KhPG learned from trustworthy sources that on 16 January 2006, in the Bakhchisaray District Police Station (Crimea), a detainee threw himself from a window on the third floor (location of the criminal investigation unit). It asked its partners to send letters to the Ministry of Interior and General Prosecutor’s Office to prove or disprove this information and inform whether an investigation have been conducted on the case. Several partners respond to the call and sent letters top the abovementioned agencies.
In its response of 18 February 2006 to the Project’s partner from Kherson, the Main Department of the Ministry of Interior in the Autonomous Republic of Crimea informed that the detainee, Server Ibragimov (resident of the Bakhchisaray District) was detained on 14 January 2006 on suspicion of committing a crime. He entered a room for intertwining followed by two police officers. All of a sudden, Ibragimov rushed toward the window, broke it and threw himself out of it, so the police officers were unable to prevent him from doing this. Ibragimov was severely injured; the police officers immediately brought him to a hospital. Even though an internal investigation did not establish violations of law in the actions of the police officers, it was decided to ask the Ministry of Interior to fire a head of the Bakhchisaray District Police Station for substantial flaws in the operations and lack of control over the actions of his subordinates.
Action against deportation of 11 Uzbek asylum seekers
On 14 February 2006, KhPG received information from its Russian colleagues that 11 asylum seekers from Uzbekistan were detained in the Crimea and facing deportation to their home country and, likely, prosecution for their alleged involvement in the protests happened in Andizhan in 2005. KhPG asked its partners and partnering lawyers to intrude, as well as asked the UN Committee against Torture for urgent action. However, on February 16, these persons were deported following a decision by a district court in Simferopol (Crimea). On February 21, an open letter was sent to national and international authorities (signed by 9 project partners) and an electronic version for signing by all concerned with the problem at www.helsinki.org.ua. On the same day, members of the Ukrainian Helsinki Union for Human Rights along with members of other NGOs held a press-conference at the UNIAN news agency, shown on national TV. On February 28, members of these organisations held a public action near Ukraine’s Ministry of Foreign Affairs and the Embassy of Uzbekistan.
The active position of Ukrainian NGOs attracted attention to the case of foreign governments and international organisations, which unanimously denounced this deportation and asked for explanations from the Ukrainian government. Eventually Ukrainian officials admitted the violation of the extradition procedure, in particular, by Oleg Rybachuk, Chief of the Presidential Secretariat, in his interview to Internet-publication “Ukrayinska Pravda” on 15 March 2006.
Action in support of a number of inmates attempted mass suicides
On 8 May 2006, at the Kharkiv investigatory ward (SIZO), 21 persons, all occupants of one cell, in protest against actions on the part of the SIZO’s administration, inflicted injuries to themselves by cutting their forearms and veins with blades taken out from safety razors. On 13 May 2006, similar acts were committed by a number of convicts (according to one source, 35 persons; according to another, 24 persons) at Lviv Correctional (medium-security/severe-regime) Colony No. 30. The exact reasons for these actions are unknown, as are unknown the consequences of the injuries. According to the administration of the Kharkiv SIZO, no medical assistance was needed, but, according to a confidential source, 12 out of 21 persons, were in a SIZO’s medical unit on May 10.
According to unconfirmed reports, in the following colonies - Severe-Regime Facility No. 53 (Mykolaiv); Severe-Regime Facility No. 85 (Bucha, Kyiv Region); Special-Regime Facility No. 47 (Sakal, Lviv Region) - during intensive searches by special police units, mass beatings of inmates took place.
Regarding the incident in Kharkiv, members of KhPG applied to various law-enforcement agencies, including a prosecutor’s office, in order to urge them to investigate the incident, as well as passed information about it to various local, national, and international media (newspapers, TV, radio and Internet).
Once information about incident in Lviv came to KhPG, its members contacted local partner there - Legal and Political Research Centre “SIM” - to find out the details, and then asked other Project partners to send inquiry letters to the Department of Corrections about the circumstances of the case. KhPG also sent an urgent action request to the UN Special Rapporteur on torture. The event in Lviv and alleged incidents in other penitentiaries drew attention from the media and international human rights organisations, including Amnesty International.
The above incidents drew attention of the public and media to the general problem of living conditions of inmates in Ukrainian penitentiaries. On 19 May 2006, this problem was discussed at a nightly live talk-show “Freedom of Speech” run by its popular host Savik Shuster on the national TV-channel ICTV. Among key speakers were Minister of Justice Sergiy Golovaty, senior representatives of the State Department of Corrections and Ministry of Interior, MPs and Yavgeniy Zakharov, as a representative of human rights organizations. In the discussions, took part members of KhPG (Arkadiy Buschenko) and its Project partners: Vinnitsa Human Rights Group (Dmytro Groysman) and International Society for Human Rights–Ukrainian Branch (Andriy Sukhorukov).
Activity V. Organization in mass media, including electronic ones, the campaign for changing attitude of the society to problems of torture
Informing of the governmental authorities
Partners sent letters to regional police departments, prosecutor’s offices, state administrations, justice departments, appeal courts, departments of penitentiaries, in which they informed about the continuation of the Project. Most regional partners held press-conferences, where they told about the Project.
The Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms (Lugansk) responded to 28 appeals concerning cruel treatment it received within the reporting period. Of them, its lawyers had been participating in 5 court proceedings. The organisation sent appeals to various prosecutors’ offices. The usual reaction to these appeals was “facts have not been confirmed.” The most difficult situation was with obtaining information from investigatory wards and correctional colonies.
Environmental–Humanitarian Society “Green World” (Chortkiv) reports that they regularly contact various governmental agencies (local councils, prosecutors’ offices, police authorities, and courts) on behalf of the people appealing to them and on pressing issues of human rights protection in the region.
Environmental and Cultural Centre “Bakhmat” (Artemivsk) received 85 appeals and reports concerning cruel treatment, including 53 from victims or their relatives. Of them, members of the organisation sent 4 inquiries to prosecutor’s offices; 25 to KhPG for publication or as requests for support through the Fund. They met with top officials of the Artemivsk and Donetsk Investigatory Wards and informed them about the Project. They also held a meeting near the Donetsk Regional Prosecutor’s Office, attended by human rights activists, representatives of the prosecutor’s office, victims and their relatives. Also, members of the organisation on a weakly basis posted leaflets as to the Project in investigatory wards in Donetsk and Artemivsk (February - May 2005), as well as in courts and bar associations in Artemivsk, Dzerzhinsk, and Gorlivka (April 2005), in Artemivsk, Donetsk, Mariupol, Kostyntynivka (May 2005). In February they sent an inquiry to prosecutors’ offices regarding statistics on torture cases and punishments of guilty officials; they received only formal responses.
The Zhitomyr Regional Section of the International Society of Human Rights informs that it serviced 26 persons who suffered from unlawful actions on the part of police officers, of whom 19 persons applied for help in the framework of the Project through it’s reception office, 4 from other public organisations, and 3 from the media; legal aid was provided in 8 cases. It also informs that on 15 April 2005 Viktor Bondar, Head of the Section, met with Irina Synyavska, Deputy Head of the Zhitomyr State Regional Administration on Humanitarian Issues, and they agreed about cooperation in the context of the Project, in particular to hold a round-table meeting, informational and educational activities, etc. On 17 June 2005, at the invitation from Ukraine’s Department of Penitentiaries and International Society of Human Rights, Viktor Bondar participated in the seminar held in Kyiv. He, in particular, asked the Department’s head to simplify the procedure of access to correctional colonies and prisons, but he was told it was impossible to do as those facilities were those with restricted access.
The Vinnitsa Human Rights Group informed that 54 persons claiming that they or their relatives suffered from torture or cruel treatment attended its reception office, of them 12 cases were taken by the Group to provide legal aid. Also, the Group has been actively engaged in counteraction against deportations of international detainees to the countries, where the detainees could suffer from torture and cruel treatment; the Group has been currently working on 3 such cases.
The International Society for Human Rights–Ukrainian Branch (Kyiv) sent to KhPG 33 reports on alleged facts of human rights violations, including facts of cruel treatment. The information was received directly from people and from the media. Members of the organisation took measures to address the problems, including sending claims to various law-enforcement and other governmental institutions.
The Chernigiv Public Committee of Human Rights Protection reports that for the first half of 2005 its reception office was attended by 125 residents of Chernigiv, 35 of whom asked for legal aid because of alleged wrongdoings on the part of law-enforcement agencies. But only 3 appeals had signs of violations of Article 3 of the European Convention. Also, members of the Committee investigated several complaints about cruel treatment in Chernigiv police stations and unlawful detentions of citizens. As in most cases victims gave up confirmed their allegations in writing, proceedings did not go further the initial stage. On the occasion of appointment of new leadership in law-enforcements agencies, the Committee sent informational letters about the Project. Also, it held a seminar at the Novozavodskiy Police Station (Chernigiv) for line police officers “Prevention of torture in everyday work of law-enforcement officers.” On 1 January 2005, together with the Chernigiv Women’s Human Rights Centre, the Committee opened a public reception office at Chernigiv Correctional Colony No. 44, which was attended by 137 convicted women, 35 of whom filed appeals concerning violations of their rights. The Committee informed the Chernigiv Regional Department of Penitentiaries and discussed the matter at the meetings of the regional supervisory commission.
NGO “Civic Initiatives” (Kirovograd) informs that since January 2005, 22 persons attended its public reception office and it received 17 other reports of alleged violations, of which it sent 25 reports to KhPG, 10 complaints to the Kirovograd Regional Prosecutor’s Office, General Prosecutor of Ukraine and other central and regional authorities. Information about the Project was sent to all regional and city law-enforcement agencies. Its members also met with a head of the Kirovograd Regional Council, and informed him about the Project and offered cooperation; also, the NGO members had been building relations with the new leadership of local law-enforcement agencies (February 2005). On 22 March 2005, the NGO held a press-club on the subject of the Project for the media and chiefs of law-enforcement agencies, including several representatives of the Kirovograd Regional Department of Interior. The information about the press-club was posted on the press-club’s web-page. Regional Project coordinator L. Lukyantseva and NGO’s lawyers V. Zborovskiy and M. Vaipan are accredited to all public events held by the regional department of interior.
Ukrainian Environmental Association “Zeleny Svit” (Kryviy Rig) informs that it received 5 reports on the violations addressed in the Project, which were sent to KhPG. In total, the Association has been supporting 12 cases, 6 of which are carryovers from the first year of the Project. Three cases are being considered in courts and 2 are sent to further investigation by the appeal court. In March of 2005, the Association reached an agreement with the Kriviy Rig City Department of Interior and Dnipropetrovsk Regional Department of Interior about participation of its 3 members in attestation of police officers. Because of delay in receiving responses and disinformation from some top police officials, that mission did not happen. The Association sent a claim to the Ministry of Interior about the inaction on the part of the Kryviy Rig’s police.
The Kherson Regional Charity and Health Fund reports that from 1 June 2004 to 31 May 2005, 6 persons complaining about cruel treatment during interrogation by police officers applied to its public reception office. The Fund sent to KhPG 33 reports about cruel treatment, concerning which 1 complaint, 1 application, and 1 inquiry to the Kherson Regional Prosecutor’s Office and 1 inquiry to a district court were sent. The Fund as a co-founder of the popular regional newspaper “Vgoru,” on a weekly basis distributes 100 copies of the newspaper at the Kherson Regional Department on Penitentiaries (at their request). The Department distributes the newspaper at 6 penitentiaries in the Kherson Region (5 correctional colonies and 1 investigatory ward) for their personnel and incarcerated persons. Following the example of the Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (Severodonetsk), in May of 2005 the Fund sent an inquiry to the Kherson Regional Prosecutor’s Office about the number of law-enforcement officers charged for various offences.
Civic Bureau „Human Rights Protection” (Sumy) received 11 appeals from victims or their relatives, of which 8 sent as reports to KhPG. Members of the organisation sent letters about the Project to the city and regional prosecutors’ offices and regional department of interior (January 2005); Oleksandr Takul, Project regional coordinator, met with a newly appointed head of the regional department of interior and informed him about the objectives of the Project (February 2005) and with a head of the department’s internal investigation unit (March 2005), with whom discussed possibilities for cooperation. In total, the organisation held 16 meetings (mini-presentations of the Project) with various law-enforcement officials. Members of the organisation held picketing near the Sumy Regional Prosecutor’s Office (March 2005) demanding to speed up investigation of the cruel beating of people in Sumy in November of 2004 and unlawful arrest of students in summer of 2004.
All-Ukrainian Youth Organisation “Molody Rukh” (Zaporizhya) informs that from January to June of 2005, 68 persons applied to their reception office, upon which its members sent 69 inquiries and appeals, including 54 to prosecutors’ offices, 21 to police offices, and 1 to the Zaporizhya Regional State Administration. Their request to send law students to the organisation as volunteers was approved by the administration of the Zaporizhya National University; the organisation also asked City Hospital No. 5 to inform it about victims of torture admitted to the hospital (March 2005). In April of 2005, members of the organisation met with the Representative of the Minister of Interior and informed him about the Project. The regional department of interior agreed to cooperate with the organisation. A similar meeting was held with the Zaporizhya Regional Prosecutor, who informed that number of complaints from citizens concerning unlawful actions on the part of law-enforcement agencies was declining.
Informing of the public nationwide
On 23 October 2004 in Kyiv, the Institute of Mass Information (Kyiv) held conference “The European Court of Human Rights: judgments by the European Court as sanction and guarantee for human rights protection” with the financial assistance of the French Ministry of Foreign Affairs. Valeria Lutkovska, Deputy Minister of Justice and member of the Project Board of Trustees, Yevgeniy Zakharov, Director of the Project (KhPG), and Arkadiy Buschenko (KhPG) delivered reports on various aspects of implementing judgments by the European Court into the Ukrainian legal system. In their reports they referred to the experience gained under the Project.
During 28-29 April 2005, Yevgeniy Zakharov and Arkadiy Buschenko participated in the Parliamentary hearing on legal reforms, especially of Ukraine’s justice system, in the context of Ukraine’s integration in the European institutions, where he told the participants about the Project and how it was addressing the problem. The hearing was chaired by Vasil Onopenko, Chair of the Parliamentary Committee on Legal Politics. Among its participants – MPs, political leaders, legal scholars and practitioners, was John Herbst, US Ambassador to Ukraine and Bohdan Futei, a judge of the United States Claims Court.
All-Ukrainian newspaper “Advokatura” (No. 8(40), April 2005), in its section “Open Talk” published a prolonged interview with Arkadiy Buschenko entitled “For the European Court, Reasonable Doubt Is Enough,” in which he told about the Project, the use of the European Convention for protection of victims of torture, and particularities of lawyer’s work on cases submitted to the European Court.
There were a lot of other publications related to Project activities in national media, including those in professional newspaper “Yuridichny Visnyk Ukrayiny.”
Informing of the public in regions:
NGO “Civic Initiatives” (Kirovograd) informs that the NGO prepared press-releases about goals of the Project and operation of the organisation’s public reception office for the media, local authorities, courts, etc. (January – March 2005). The press-releases clearly indicated that the Project was supported by the European Commission, but, unfortunately, some media did not include this information in their publication. Information about the Project and operation of the public reception office was published by major information agency “Komivoyazher” and the Ukrainian Human rights Portal (www.upp.org.ua) (February 2005); regional newspapers “Narodne Slovo” (No. 22 and No. 34) and “Kirovograd Vecherniy” (No. 9) (March 2005); and national newspaper “Ukraina-Tsentr” (No. 13, 1 April 2005) and some regional media, including newspapers “Vilne Slovo” (Oleksandria) and “Kirovograd Vecherniy” (April 2005). Articles also appeared in local newspapers “Strana Sovetov” and “Nasha Gazeta.” On 16 June 2005, at a press-club, members of the organisation told journalists about the Project’s progress to date.
Environmental and Cultural Centre “Bakhmat” (Artemivsk) published an article (January 2005) about the Project in newspaper “Bakhmutskiy Kray” (northern part of the Donetsk Region). Its members also published a text of their inquiry about torture (February 2005) to local prosecutor’s office in newspaper “Sobytie.”
Environmental–Humanitarian Society “Green World” (Chortkiv) informs that its members regularly published materials related to the Project in local press. Among them were articles in newspaper “Ratusha” (Chortkiv, 12 August 2004) and “Golos Narodu” (Ternopil, 10 December 2004). Also, in December 2004, the organisation held a press-conference on the occasion of the Human Rights Day, where told the audience about the progress of the Project in the Ternopil Region.
The Sevastopol Group for Human Rights Protection informs that on 1 September 2004 Olga Vilkova, Regional Project Coordinator, was interviewed on local TV about the Project. On 12 February 2005, the Group held a press-conference for the Sevastopol media, titled “Results of the Campaign against Torture and Cruel Treatment in Ukraine in 2003 – 2004.” Among the participants of the conference was Heather McGill of the Amnesty International. The information about the conference was presented on several times on news by three TV channels, including “Narodny Kanal” and “STV’, local radio station, and 3 newspapers, including “Sevastopolskaya Gazeta.” On 27 May 2005, newspaper “1Krymskaya” published an article about the organisation’s work with applications from victims of torture. Another article on the matter is in print.
The Zhitomyr Regional Section of the International Society of Human Rights informs that it gave information about torture victim Yuriy Buglak (client of the Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment) to the local media for journalist investigation (January 2005).
Lugansk Regional Branch of the Ukrainian Civic Organisation “Committee of Voters of Ukraine” (Severodonetsk) publishes newspaper “Tretiy Sektor,” which addresses issues of human rights and is distributed in the Lugansk Region. In its special edition, the organisation presented the Project (Tretiy Sektor, No. 3(34), 19 January 2005); other publications on the matter in regional newspapers include 4 articles in “Tretiy Sektor,” 5 articles in “Novy Rakurs” (July – December of 2004), 1 article in “Ukrayina Kriminalna” (19 July 2004), “Luganchane” (14 July 2004), “XXI Vek” (1 September 2004), “Molodogvardiets” (2 December 2004), and “Vecherniy Lugansk” (21 April 2005).
The Vinnitsa Human Rights Group informs that it held 6 press-conferences and other informational activities on the topic of prevention of torture, as well as published a great number of articles in the press. Local journalists covered Group’s strategic legal proceedings and other everyday activities.
Ukrainian Environmental Association “Zeleny Svit” (Kryviy Rig) informed local civic organisations about the Project, who since then began directing persons, who needed help in the issues covered by the Project, to the organisation’s public reception office. The organisation regularly gives human rights literature to City Library No. 7.
Kherson Regional Charity and Health Fund is a co-founder of popular regional newspaper “Vgoru.” In this newspaper, the Fund’s members regularly publish materials related to the torture issues. In article “Campaign against Torture,” Alla Tyutyunnyk, the Fund’s President, told about the seminar for law-enforcement personnel held in Kherson in June under the Project (“Vgoru,” No. 27, 1 July 2004). In newspaper “Vgoru” (No. 138, 19 May 2005), the Fund’s members published information about the Project and working hours of the public reception office. Information about the Project has been also regularly disseminating among journalists and editors of the regional media during media-clubs organised by local journalistic association “Pivden.”
Civic Bureau „Human Rights Protection” (Sumy) held a press conference with “prisoners of conscience,” where the Project was presented to local journalists and human rights activists. Its members sent information letters to 3 major regional newspapers, one of which published a brief article about the Project and started posting free ads on help to victims of torture (February 2005); one newspaper published an article on facts of torture prepared by members of the Bureau; free ads on help to victims of torture appeared in newspapers “Panorama” and “Vash Shans” (March – April 2005). The organisation also arranged for publication about the fact of cruel treatment at the Sumy Correctional Colony in one local newspaper (May 2005).
All-Ukrainian Youth Organisation “Molody Rukh” published information about the Project in the local media and prepared publications on the problem of cruel treatment and the ways to tackle it (March 2005). Information regarding the Project was also disseminated in district centres of the Zaporizhya Region - Melitopol, Berdyansk – and other towns.
On 15 October 2004, Maya Kryukova, coordinator of the Kharkiv Regional Union of Soldiers’ Mothers, participated in primetime talk show “Parents’ Meeting” at 7th TV Channel (Kharkiv), where she told about the Union’s help to servicemen in the context of the Project. On 16 November 2004, she gave an interview to regional newspaper “Objektivno,” which appeared as an article there (No. 45, 15–21 November 2004).
On 1 September 2004, Lyudmila Klochko, director of KhPG’s public reception office, gave interview to local radio station “Slobozhanka,” in which she told about the Project and operation of the public reception office and help to victims of torture; Arkadiy Buschenko gave interview on the operation of the Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment to several Kharkiv media outlets, including Programme “Komendantskiy Chas” at 7th TV Channel and Kharkiv correspondent of TV Channel “ICTV” (February 2005).
Informing of international audience
On 17 September 2004, Arkadiy Buschenko represented KhPG at a business breakfast with Folker Ryue, Head of the Committee on Foreign Affairs of the German Bundestag, and officials of the German Embassy in Ukraine, who visited Kharkiv. The visitors were told about the overall human rights situation in Ukraine, role of non-governmental organisations, in protection of human rights, including in the context of the Project. The German officials expressed an interest in cooperation between German institutions and Ukrainian human rights NGOs.
Between 4 and 15 October 2004, in Warsaw (Poland) there was held an annual OSCE Human Dimension Implementation Meeting. The Statement of Kharkiv Human Rights Protection Group “On the Legal framework on Prevention of Torture in Ukraine” (File No. 212, dtd. 2004-10-06) was distributed there by its members, Yevgeniy Zakharov and Arkadiy Buschenko. The latter spoke about the torture problem in Ukraine at plenary session “Right to a fair trial and prevention of torture in the CIS countries” held on October 7. Yevgeniy Zakharov participated in plenary session “Freedom of expression, media and information in the CIS countries.”
On 11 November 2004, Lyudmila Klochko (KhPG) told about the Project and Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment in a telephone interview to a correspondent of German radio network Deutsche Welle.
Arkadiy Bushchenko and Yevgeniy Zakharov (KhPG) gave interviews on the Project activities to radio stations “Liberty”, Deutsche Welle, and BBC on various occasions.
Between 12 and 16 November, 2004 Yevgeniy Zakharov participated in the annual meeting of the International Helsinki Federation in Moscow where he told about the progress of the Project.
On 17 January 2005, KhPG was visited by members of the Norwegian Helsinki Committee headed by its Secretary General Bjorn Engesland. They were very curious about the human rights situation in Ukraine and progression of the election campaign in the context of human rights protection. They were shown KhPG’s working and printing offices and were told in detail about the Project and network of partner organisations. The Norwegian guests placed a photo report about their visit to Ukraine at their web-site
http://nhc.no/engelsk/countriesmappe/ukraine/factfinding_january2005.html. The Norwegian colleagues invited KhPG Co-chair Yevgeniy Zakharov to take part at the seminar in Oslo devoted to the status of Ukraine after the “Orange Revolution”.
On 5-8 February 2005, Yevgeniy Zakharov visited Norway. He gave presentation to scientists of the Norway Institute of International Affairs and Norwegian Helsinki Committee on Human Rights about the current situation in Ukraine, in particular, regarding the observation of freedom from torture. There were several publications covering this event in the Norwegian mass media.
On 16 February 2005, Heather McGill, a researcher from the Amnesty International (UK), whose help was instrumental in initiating AI’s Urgent Action to support two detainees in the Crimea (see Action IV), visited KhPG. Being a specialist at the penitentiary system in the CIS, she was interested in the work done by KhPG and the Project partnering organisations toward improving the plight of those in Ukrainian temporary detention facilities. On advice of KhPG, during her trip to Ukraine, she also visited other members of the Project network – the Sevastopol Group for Human Rights Protection, International Society for Human Rights–Ukrainian Branch, and Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms - and discussed with their members human rights issues pertinent to those regions and ways of cooperation with AI.
In February – May of 2005, the information about the Project, in particular the information of the sociological research carried out within the Project, was reported to the Metagora Co-ordination Team (OECD’s initiative on measuring democracy, human rights and governance) in the form of a completed questionnaire sent to that organisation (February) and telephone and e-mail communications on the occasion of the Metagora Forum held during 24-25 May in Paris. Materials on the Project have been included in the Forum proceedings.
On 9 May 2005, the Ministry of Justice held a round-table “The European Convention in the context of the legal reform in Ukraine.” Among its participants were Luzius Wildhaber, President of the European Court of Human Rights, and Valeria Lutkovska, Ukraine’s Deputy Minister of Justice. Arkadiy Buschenko (KhPG), who also participated in the seminar, told about the progress of the Project and its impact on the human rights situation in Ukraine.
In addition, the Project participants regularly inform about facts of torture and cruel treatment such international human rights organisations, as the Amnesty International, Human Rights Watch, Association for Prevention of Torture, UN Committee against Torture, European Committee on Prevention of Torture and Cruel Treatment; brief on the Project the Moscow Helsinki Group, International Society “Memorial,” and Russian Institute on Human Rights.
Activity VI. Analysis of the administrative, criminal-procedural, criminal laws and law-applying practices in the spheres, where torture and cruel treatment are possible
Analysis of national legislation and case-law
During this Project year, the analysis of national legislation and case-law has been continued in the light of their compliance with the international standards.
The analysis covered in detail:
- legislation and case-law in respect of investigating complaints about torture: terms of investigation, thoroughness of investigation, independence of an investigating authority, rights of the victim during investigation;
- arrest without warrant: preliminary conditions to authorise arrest, arrest procedure, provisions for due process;
- police custody and observation of rights of a detained person: right to receive information about his or her rights, right to have access to a lawyer; right to remain silent, right to be informed about reasons for detention, right to have relatives notified about the detention;
- first appearance before a judge: a term of bringing to a judge, independence of court, procedure of consideration, reasons for custodial placement, possibilities for effective defence, informing about other party’s reasoning, scope of court’s jurisdiction in respect of claims about torture;
- appeal against detention and periodical review of the detention: access to court, legal consequences when the detention is held unlawful;
- access to a lawyer during custody and possibility of confidential correspondence with a lawyer.
Many results of this work were included in a new draft Code of Criminal Procedure and in the following book:
Проти катувань №38(80): Аркадій Бущенко. Аналіз відповідності українського законодавства та практики стандартам й рекомендаціям Європейського Комітету запобігання катуванням та жорстокому поводженню. – Харків: Харківська правозахисна група, 2005, 240 с.
Draft analytical report on compliance of the national legislation and case-law with the international standards of protection from torture and arbitrary detention:
In the course of analytical work under the Project, a draft analytical report on compliance of the national legislation and case-law with the international standards of protection from torture and arbitrary detention has been created. On the basis of this draft, following activities are under way:
- monitoring of legal acts and bills;
- monitoring of judicial and administrative practices;
- selecting cases for financing from the monies allocated with the Fund and developing strategies for court proceedings;
- analytical reasoning for preparation of applications to the European Court and other judicial authorities;
- developing programmes for monitoring of existing case-law in particular areas;
- compiling programmes for educational and training seminars;
- formulating directions for further work under the Project.
The results of this work have been included in the following book:
Проти катувань №38(80): Аркадій Бущенко. Аналіз відповідності українського законодавства та практики стандартам й рекомендаціям Європейського Комітету запобігання катуванням та жорстокому поводженню. – Харків: Харківська правозахисна група, 2005, 240 с.
Human Rights in Ukraine: Reports by Human Rights Organisations
In May-June of 2005, the Ukrainian Helsinki Union for Human Rights (UHUHR) published a unique book “Human Rights in Ukraine–2004: Report by Human Rights Organisations” (both in Ukrainian and English). The book provides comprehensive overview of human rights situation in Ukraine in 2004. Most of its contributors are representatives of the Project partners, especially in the first part covering human rights and fundamental freedoms. As conclusions to their research, the authors offer recommendations on eliminating violations of human rights and fundamental freedoms and those on improving the overall situation (see its table of contents in the previous Interim Report).
In June of 2006, the Ukrainian Helsinki Union for Human Rights (UHUHR) published a unique book, “Human Rights in Ukraine–2005: Report by Human Rights Organisations” (both in Ukrainian and English). The book provides comprehensive overview of human rights situation in Ukraine in 2005. Most of its contributors are representatives of the Project partners. As conclusions to their research, the authors offer recommendations on eliminating violations of human rights and fundamental freedoms and those on improving the overall situation. Here is the table of contents of this publication:
- Acknowledgements
- Civic assessment of state policy on human rights
- General overview
- A review of recommendations made by human rights organizations in human rights in Ukraine – 2004, with information on the level of implementation in 2005
- Can fair punishment of a criminal be considered political repression?
- Now and forever: KhPG commentary on remuneration for state deputies
- Adherence to the constitution of Ukraine in 2005
- The observance of human rights and fundamental freedoms
- The right to life
- Protection from torture
- The right to liberty and security
- The right to privacy
- Freedom of thought, conscience and religion
- Access to information
- Freedom of expression
- Freedom of assembly
- Freedom of association
- The right to freedom of movement and freedom to choose one’s place of residence
- Problems of discrimination and inequality in Ukraine
- Economic and social rights
- Property rights
- The right to a safe environment: observance of environmental rights in Ukraine in 2005
- Observance of the rights of people with impaired physical possibilities
- Observance of the rights of people living with HIV or aids, and measures to avert an epidemic
- The rights of the child
- The observance of prisoners’ rights in Ukraine
- The rights of refugees and asylum seekers
The bibliographical data of the Ukrainian version are as follows:
Права людини в Україні – 2005. Доповідь правозахисних організацій. / За ред. Є. Захарова, І. Рапп, В. Яворського. Худож.-оформлювач Б. Захаров / Українська Гельсінська спілка з прав людини. - Харків: Фоліо, 2006. – 320 с.
Activity VII. Preparation of the digests of judgments of the European Court on Human Rights concerning Articles 2, 3, 5 of the European Convention of Human Rights in the context of preventing torture
Due to sharp increase of the case-law under Articles 2 and 3, instead of the planned two-volume edition, a 3-volume edition was published in 2003-2006. Volume 1 includes the case-law on Article 5, Volume 2 includes the case-law on Article 3, and Volume 3 includes the case-law on Article 2.
The Ukrainian-language publication is a systematised digest of the European Court’s judgments on application of Article 2, 3, and 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, based on the Court’s judgments (Article 5: since 1 July 1961 until 1 January 2003; Article 3: since 18 July 1978 until 5 April 2005; Article 2: since 27 September 1995 until 27 June 2006).
These editions offer the most complete presentation of the Court’s interpretation of the notions of torture, inhuman and degrading treatment and punishment, and application of Article 2, 3, and 5 in various circumstances. The books have ramified structure, cross-references, and other search tools that help users of the digest.
The books are intended for judges, lawyers, law-enforcement officers, teachers and students of law schools, human rights activists, and general public.
The bibliographical data of the Ukrainian version of the digests are as follows:
Бущенко А.П. Проти катувань. Стаття 5 Конвенції про захист прав людини та основних свобод: Систематизований дайджест рішень Європейського Суду з прав людини. / Харківська правозахисна група – Харків: Фоліо, 2003. – 288 с.
Бущенко А.П. Проти катувань. Стаття 3 Конвенції про захист прав людини та основних свобод: Систематизований дайджест рішень Європейського Суду з прав людини. / Харківська правозахисна група – Харків: Фоліо, 2005. – 288 с.
Бущенко А.П. Проти катувань. Стаття 2 Конвенції про захист прав людини та основних свобод: Систематизований дайджест рішень Європейського Суду з прав людини. / Харківська правозахисна група – Харків: Фоліо, 2006 – 244 с.
Activity VIII. Improvement of the laws and practices in the sphere of detention, arrest and holding under custody
Comprehensive bill on police arrest and court hearing about arrest or release
The study of the legislation concerning arrest, as well as well-established case-law and approaches prevailing in the doctrine of criminal procedure led to the conclusion that the legislative amendments of 2001 to the Ukraine’s Code of Criminal Procedure brought about little change to the legal practice. In this connection, there were under discussion various approaches how to create a bill that could guarantee a right to liberty during the investigation of offences. Taking into account specifics of the national legislation and domination of doctrinal structures, it was decided that the most efficient plan would be to draft a special bill, focusing on protection of the right to liberty and covering all situations, when the right to liberty could be affected: from a conditions for arrest without warrant to rules of court proceedings in respect of arrest or release and provisions for periodical access of detainees to court.
During the first year of the Project a basic structure of the bill was developed. Later, the working group considered to recast the bill into separate bills: “Bill on Police Arrest” (tentative title) and “Procedure of Court Hearing about Arrest or Release”.
Their main goals include:
- to make an arrest warrant for detention of the suspect in committing a crime a standard legal basis for arrest, and arrest without order an exception;
- to formulate grounds for arrest without warrant as clearly as possible to avoid any ambiguity in interpretation, to clearly determine a subject covered by norms of the arrest without warrant;
- to formulate an notion of arrest and tie it to the moment of actual deprivation of liberty;
- to formulate an obligation to guarantee detainee’s rights and responsibility for failing to meet this obligation;
- to establish an official position, independent from investigation of the case and responsible for detainees’ welfare and justification of their prolonged police detention;
- to create a mechanism of permanent control over lawfulness of arrest and detention and responsibility for unlawful detention;
- to implement procedural guarantees for detainees, developed by the European Court of Human Rights and other European institutions, into provisions of the court hearing;
- to implement presumption of release in legislative norms;
- to formulate judge’s obligation to consider all relevant circumstances evidencing for or against detention and to motivate his/her decision with the reference to specific circumstances;
- to formulate a right to periodical review of lawfulness of and basis for holding in custody.
Many results of this work were included in a new draft Code of Criminal Procedure and in the “Guidelines for Lawyers” and “Guidelines for Judges”.
Drafting amendments in the Ukraine’s Code on Administrative Offences
During the first year of the Project KhPG developed a bill of amendments to Ukraine’s Code of Administrative Offences was developed. The bill implemented into the Code the requirements prescribed by Article 6 of the European Convention of Human Rights in respect of consideration of offences, which could lead to administrative arrest, forfeiture of property, or deprivation of special right. An applicability of standards provided in Article 6 of the European Convention to this procedure was substantiated, as well as the way, how those standards could be implemented into the Code.
The approval of this bill by the Parliament, in addition to improvement of safeguards of fair trial, could eliminate a widely used practice of using administrative arrest for purposes of criminal investigation.
In 2004, the developed amendments to Ukraine’s Code on Administrative Offences were sent to the Ministry of Justice for discussion and use in the legislative work. In 2004-2005, the suggested amendments were discussed during the seminars with lawyers and judges. Their comments and remarks were used in the text. In 2006, KhPG has been actively lobbying the amendments to the Code. Due to recent changes in the concept of criminal proceedings, the results of this work could also be included in the Draft Code of Criminal Procedure.
Drafting changes in the Ukraine’s Criminal Code
During the first year of the Project KhPG developed a bill on introducing changes into Article 127 of the Ukraine’s Criminal Code. Here, the content of criminal act “torture” is formulated more precisely and adequately. In addition, the structure of the Code is changed: the article on tortures is placed to section “Criminal acts by officials.” The bill implements a definition of torture, as it is adopted in the international law, into the domestic law. This could play a greater role in correct qualification of criminal act “torture.”
On 12 January 2005, the Ukrainian Parliament adopted “Law on Amendment of Some Legislative Acts of Ukraine,” which came into force on 16 February 2005. This law amended section 127 of the Ukraine’s Criminal Code. §3 and §4 of the amended section deal specifically with the subject of responsibility – a law-enforcement officer. In addition, the punishment provided by these paragraphs now is in better compliance with the international standards.
Unfortunately, not all suggestions given by KhPG were implemented. However, KhPG believes that its active role in lobbying relevant amendments in the Criminal Code partly contributed to introducing the changes that make it more compatible with the European standards. KhPG continues the work on improvement the Code’s provisions concerning torture and punishment of those responsible.
Shadow report for the UN Committee against Torture
At the Forum of Human Rights Organisations, which took place in April 2005, a plan of the human rights monitoring in Ukraine for 2005 was developed, materials of which were used for the report. The report itself and questions to the government will be presented to the UN Committee in November of 2006. The work on this report is underway.
Reports for the European Committee for the Prevention of Torture
The report concerning compliance of the Ukrainian legislation with the CPT standards was written and presented during a public hearing in at the UNIAN information agency in Kyiv on 21 December 2005.
On a regular basis, KhPG gave factual information and results of its analytic studies to the Committee. KhPG representatives participated in confidential meetings with Committee’s delegates during their visits to Ukraine.
Guidelines for lawyers on representation of accused at detention hearing
The working group relied on the experience of lawyers, who have worked with the Fund for Professional Support of Individuals Suffered from Torture and Cruel Treatment and under project “Legal aid to detained persons at the first stages of pre-trial investigation” (sponsored by the International Renaissance Foundation). By now, the draft guidelines have been sent to lawyers for comments; after the comments be generalised, the guidelines will be published.
Other related activities
- During March 2005, members of KhPG and some other partnering organisations took part in attestations of various police units in respective regions.
- In 2005-2006, Arkadiy Buschenko, a KhPG legal expert, was included into a task-force developing “Bill on compensation of harm caused by exceeding of reasonable terms of pre-trial and trial proceedings and execution of court decisions”, developed commentaries to it and participated in several meetings under the Project “Compensation of harm to the victims of crimes”.
- In 2005-2006, lawyers cooperating with the Fund for Professional Assistance to Victims of Torture and Cruel Treatment participated in several events and developed proposal for the Project “Reforming of legal profession and the system of extending free legal aid”.
- In 2005, Yevgeniy Zakharov was appointed a Co-chair to the Public Board on human rights at the Ministry of Internal Affairs (a second co-chair is the Minister himself), and Arkadiy Buschenko was appointed a commissioner on the provision of rights of detainees for the same Board. In 2005-2006, they were also members of 7 various working groups on the preparation of drafts concerning human rights under the Ministry of Justice. They are also candidates for the CPT membership from Ukraine.
- In October 2005, on the suggestion of the Amnesty International, KhPG developed a draft national action plan in the sphere of human rights for its presentation at the Council of Europe.
In January 2006, KhPG launched Project “Analysis of the problem of overcrowding in pre-trial detention facilities” and its experts prepared many analytical materials to address the issue. On 27 February 2006, KhPG held a round-table meeting on the subject and held a press-conference for the local media.
Activity IX. Improvement of the legislation on access to information
Because of the unsatisfactory practice of access to information possessed by the law-enforcement agencies (regional departments of interior, prosecutors’ offices, and appeal courts), widespread use of “classified” (“confidential”) stamps undefined by law, it was decided to prepare amendments to the legislation. Of two options – drafting a separate law on access to information or radical changing of the current Information Law – the second option was chosen. Vsevolod Rechitskiy, a KhPG legal expert, prepared a new version of the Information Law on the basis of the international standards and recommendations. A working group was created, and Yevgeniy Zakharov was included in it.
The bill also passed through international expertise, by NGO “Article 19” (UK) and was sent to various ministries and agencies for approval.
During March – April of 2005, three meetings of the working group were held, where amendments to the bill were discussed. KhPG received written comments to the bill; additions and changes from the Ministry of Interior and the Security Service, which were discussed at the meetings of the working group. As a result of these discussions, KhPG experts partly considered the comments given by the Ministry of Interior and the Security Service, and in May 2005 handed over a new version of the bill to members of the working group.
In January of 2006, the Ministry of Justice, after considering several draft bills on access to information, finally selected the KhPG’s draft for the preparation submitting it to Parliament on behalf of the Cabinet of Ministers; Yevgeniy Zakharov and Vsevolod Rechitskiy took an active part in this process. In May of 2006, the daft prepared for the submitting, was placed on the website of the Ministry of Justice for public discussion. The draft bill will be submitted to Parliament, when it eventually stars its regular work.
Activity X. Preparation, publication and distribution of the results of monitoring and research
In the course of the Project, the results of monitoring and research activities carried out by KhPG and its partners were reflected in publications listed in Clause 2 of this Section. All publications can be divided in 3 large groups:
1. Information and preliminary assessment.
2. Education and enlightenment.
3. Research and analysis.
Information and preliminary assessment
This group includes the following publications: reviews of reports on cruel treatment and torture in the Series “Against Torture” [4 – 6]; monitoring of human rights in the Armed Forces [47 – 49].
KhPG kept on publishing in Ukrainian language its biweekly information bulletins “Prava Ludiny” (Human Rights) [61] in printed version and by electronic subscription, as well as monthly reviews of these bulletins in English language. The bulletins were also placed on the KhPG web-site (www.khpg.org).
Education and enlightenment
In its Series “Against Torture”, KhPG published 3 digests of the European Court’s judgments concerning Articles 5, 3 and 2 of the European Convention [3, 7, 9].
KhPG translated into Ukrainian language and published 30 brochures [10 – 39] in the Series “Human Rights Fact Sheets”, which were earlier published by the Centre for Human Rights of the United Nations Office in Geneva (Switzerland). They cover human rights issues, which are being studied or of special public interest.
KhPG published 3 volumes of case-law of the European Court concerning Ukraine [40 - 42] and several important international publications concerning torture prevention and other aspects of human rights [57 – 60].
Research and analysis
Direct results of analytical and research activities by KhPG experts and the Project partners are reflected in the following publications: analyses by KhPG experts of international and European mechanisms of torture prevention in its Series “Against Torture” [1, 2, 8]; analyses of human rights in Ukraine 2004 and 2005 [43 – 46]; analyses of the national practice of that of the European Court [50, 51]; results of the sociological research by the Kharkiv Institute of Social Research and textbooks by experts from the Kharkiv National University of Interior [52 – 54]; a 2-volume study on the freedom of information and right to privacy [55, 56]; and periodical “Freedom of Expression and Privacy” [62], which, in particular, analyses issues of access to information in the law-enforcement agencies.
Activity XI. Systematic work with target groups for improving their knowledge in the sphere of international and European standards on human rights, as well as their skills
Conducting the sociological research with the aim to understand the attitude of target groups to torture and their knowledge of the laws on preventing torture
In the framework of the Project, within the reporting period, KhPG and its special partners have conducted 1 sociological research and 8 monitoring studies:
- A team of the Kharkiv Institute of Social Research conducted a combined sociological research entitled “The Cruel Treatment, Tortures in Ukraine (Law-Enforcement System).”
- NGO “The Professional Assistance” (Komsomolsk) carried out a preparatory work to arrange a monitoring of administrative cases under consideration in courts in respect of actions committed by agencies of preliminary investigation and inquiry.
- Experts of the Kharkiv Regional Union of Soldiers’ Mothers (KhOSSM), along with teams of other divisions of the Ukraine’s Union of Soldiers’ Mothers, conducted monitoring “Observation of Human Rights in the Ukrainian Army.”
- Experts of KhOSSM experts monitored the quality of 2003, 2004, and 2005 spring and autumn military draft.
- Experts of KhOSSM compiled a summary report on monitoring of the 2000-2004 military draft’s quality.
- Experts of KhOSSM in cooperation with the Dnipropetrovsk Regional Union of Soldiers’ Mothers conducted a monitoring research of the rights of servicemen (selected aspects).
- Experts of KhPG studied the problem of access to information possessed by the following law-enforcement agencies: regional departments of interior, prosecutor’s offices, and appeal courts.
- Experts of the International Society for Human Rights–Dnipropetrovsk Branch analysed the observation of rights of inmates sick with tuberculosis.
- Experts of Public Organisation “For Everyone’s Rights” (Kremenchuk) analysed unlawful actions committed by officers of the law-enforcement agencies through assessment of the number and reasons for emergency calls to law-enforcement agencies.
“The Cruel Treatment, Tortures in Ukraine (Law-Enforcement System)” [Kharkiv Institute of Social Research]
During the first year of the Project, KhISR carried out a mass poll of the general public a poll of the target group and experts. On the whole, 2,400 questionnaires (2,009 – general public, 132 – experts (physicians, lawyers, judges), 73 – police officers, 186 – persons, who had gone through the system of pre-trial investigation as suspects or accused) were collected and analyzed.
During the second year of the Project, the research activity focused on a deeper study of causes and conditions contributing to existence of torture and cruel treatment in the practice of law-enforcement agencies. To meet this task, qualitative sociological methods were used, in particular focus-groups and semi-formalised interviews. Overall the KhISR’s team has conducted 10 focus-groups, including 5 focus-groups with law-enforcement officers (operatives, investigators, district officers, instructors of the National University of Interior), 1 focus-group with journalists, 1 focus-group with aids to deputies (legislators) of various levels, 1 focus-group with judges; 1 focus-group with human rights activists; and 33 interviews, including: 13 interviews with torture victims (Donetsk), 10 interviews with torture victims (Sevastopol), 8 interviews with torture victims (Kharkiv), 1 interview with a torture victim (Ivano-Frankivsk), 1 interview with a journalist.
On the basis of the data obtained using quantitative methods and qualitative methods, the team prepared a scientific monograph which, in fact, is an outcome of the first full-scale research of the phenomenon of unlawful coercion in the Ukrainian law-enforcement agencies. KhPG published the monograph with a foreword written by Yuriy Lutsenko, Minister of Interior, and introduction written by Gennadiy Udovenko, Chair of the Ukraine’s Parliamentary Committee on Issues of Human Rights, National Minorities, and International Relations. One section in the book was written by Yevgeniy Zakharov and Arkadiy Buschenko (KhPG). The full bibliographical data of the book are as follows:
Протизаконне насильство в органах внутрішніх справ: Соціологічний та історико-правовий аналіз / Кол. авт.; За заг. ред. чл.-кор. АПрН України, д-ра юрид. наук, проф. О.Н. Ярмиша; Передм. Ю.В. Луценка і Г.Й. Удовенка. – Харків: Вид-во Нац. ун-ту внутр. справ, Харківська правозахисна група, 2005. – 212 с.
On 6 October 2005, the book was officially presented to the public. The presentation was attended by adviser and representative of the Minister of Interior in the Khrkiv Region, as well as a rector of the Kharkiv National University of Interior. The presentation was shown on the 7th TV Channel in Kharkiv. A large article under symptomatic title “Ukrainian police beat up about half a million citizens annually” describing the results of the research appeared in local newspaper “Vecherniy Kharkiv”, later (14 October 2005) reprinted by a popular national criminal news portal “Ukrayina Kriminalna” (www.cripo.com.ua).
As a next step in raising awareness among the public concerned with the problem of criminality among the police rank, KhPG supported publication of the monograph written by Professor Oleg Martynenko, a leading expert on the subject from the Kharkiv National University of Interior. In it, the author undertakes a comprehensive analysis of the factors determining the criminality among the police personnel. The full bibliographical data of the book are as follows:
О.А. Мартыненко. Детерминация и предупреждение преступности среди персонала органов внутренних дел Украины: Монография. - Харьков: Изд-во Харьк. нац. ун-та внутр. дел, 2005. - 496 с.
Monitoring of administrative cases under consideration in courts in respect of actions committed by agencies of preliminary investigation and inquiry [NGO “The Professional Assistance” (Komsomolsk)]
In Spring 2004, NGO “The Professional Assistance” carried out a preliminary work to arrange this monitoring. The work included:
- Judges, members of the All-Ukrainian Independent Association of Judges, were informed about the Project and its aims. Through individual contacts, the NGO informed its partner organisations.
- The NGO talked with judges, working at criminal chambers, on the possibility to obtain from them and disseminate particular court decisions in respect of actions committed by agencies of preliminary investigation and inquiry. In the future, it would allow collecting and comparing case-law in various regions as to the use of human rights standards.
- A framework for cooperation with lawyers in the Poltava Region was developed for establishing more contacts under the Project. It would allow analyzing and generalizing reports sent by the lawyers, who be defending persons claiming that they were subjected to torture or other violations of human rights.
Primary information was received and stored electronically.
Monitoring “Observation of Human Rights in the Ukrainian Army” [Kharkiv Regional Union of Soldiers’ Mothers together with Organisation of Soldiers’ Mothers of Ukraine]
The study was divided into 5 chapters:
- monitoring of the 2002 military draft’s quality;
- monitoring of the observation of servicemen’s rights during their service;
- monitoring of the observation of servicemen’s right for legal aid;
- monitoring of the implementation of state guarantees in respect of obligatory individual insurance of servicemen and their pension plans;
- monitoring of the development of democratisation and humanisation processes in the armed forces.
Monitoring of the 2003, 2004, and 2005 spring and autumn military draft [Kharkiv Regional Union of Soldiers’ Mothers]
The aim of the monitoring:
- to find out the real state of health of the young men drafted to the military;
- to find out the quality of medical commissions’ work at the district and regional military commissariats, as there are numerous reports that physicians are suspiciously complacent in discovering diseases thereby threatening the young men in question.
In the course of the monitoring of military draft’s quality, experts of KhOSSM sent letters with questionnaires to military units, where young conscripts from Kharkiv were serving, semi-annually, after each draft. Then they analyzed responses from commanders of the respective military units concerning health and medical conditions of the drafted personnel.
Analysis of the monitoring data confirmed that a practice of drafting ill persons was still in place.
Summary Report on Monitoring of 2000-2004 military draft’s quality [Kharkiv Regional Union of Soldiers’ Mothers]
Experts of KhOSSM compiled a summary report on monitoring of the 2000-2004 military draft’s quality. Their findings they presented in the following work:
Зведений звіт моніторингу якості призову (весна 2000 – осінь 2004 років). - Харків: Харківська обласна спілка солдатських матерів, 2005. – 34 с.
Monitoring of rights of servicemen (selected aspects) [Kharkiv Regional Union of Soldiers’ Mothers in cooperation with Dnipropetrovsk Regional Union of Soldiers’ Mothers]
The organisations conducted a research covering the following aspects of the matter:
- Monitoring of military draft’s quality;
- Conditions of military service;
- Hazing problem;
They presented their findings in the following work:
Моніторинг порушення прав військовослужбовців строкової служби / Упорядник М.А. Крюкова. - Харків: Фоліо, 2004 – 208 с.
Monitoring research on access to information in possession of law-enforcement agencies [KhPG]
In 2004, KhPG sent over 150 requests for information to regional departments of interior and prosecutor’s offices in all 27 regions of Ukraine, to the central offices – the Ministry of Interior and General Prosecutor’s Office, – to 27 appeal courts, and to the Supreme Court. KhPG asked about how many complaints against unlawful acts on the part of the Ministry of Interior personnel those agencies received, what kind of response they offered, how many disciplinary measures were taken, how many criminal cases were opened, how many verdicts against the Ministry of Interior personnel came into force, and other special data. The requests to the appeal courts dealt with the number of orders issued by them for collecting information from the information channels.
The results of this experiment proved to be deplorable. Very few agencies sent substantive responses, some sent formal responses, and most, including the General Prosecutor’s Office, failed to answer at all or refused to give the requested information.
KhPG filed a complaint against the unlawful refusal on the part of the regional departments to the Ministry of Interior. As to the prosecutor’s offices, which rejected to give the information, KhPG initiated 6 legal suits against the General Prosecutor’s Office (in Kyiv), prosecutor’s offices of the Crimea (in Simferopol), Sevastopol, the Lviv Region, Odessa Region, and Dnipropetrovsk Region. As to the answers from the appeal courts, it was decided to hold talks on the matter with the top officials of the Supreme Court of Ukraine.
Some complaints were satisfied by local courts (Kyiv, Sevastopol) but later appealed by the prosecutors’ offices; some turned down (Dnipropetrovsk, Odessa, Simferopol, Lviv) on various reasons but then appealed by KhPG.
In addition, KhPG prepared a complaint to the European Court of Human Rights on violations to Articles 6, 10 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was connected with the refusal of the General Prosecutor of Ukraine to provide information and the lack of possibility to appeal such a refusal in the courts.
From September of 2005 to June of 2006, KhPG, along with its partners, conducted a study of practical access to information at national and regional levels, in particular, information possessed by law-enforcement agencies. The study showed that the Ministry of Interior is best in providing access to information, while the General Prosecutor’s Office totally ignores requests for information and do not publish its regulations. The Security Service responds to requests, but refuses to give information. Detailed results of the first part of this study have been placed on a KhPG’s website; the study will be continued in the second half of 2006.
Monitoring research on the observation of rights of inmates sick with tuberculosis [International Society for Human Rights–Dnipropetrovsk Branch]
For purposes of the research, in 2006, the organisation created a monitoring group, which visited 10 correctional establishments, conducted interviews with top management of some establishments; conducted a poll of 1,500 inmates sick with TB, 500 persons sick with TB, who were released from the establishments, and 112 staff members of the establishments’ hospitals, where those sick with TB were being treated.
The monitoring group visited wards, where the sick with TB were being treated, various departments, labs, canteens, shower rooms, water closets, rooms for storing parcels for inmates and their personal belongings parcels, etc.
The research proved that, first of all, establishments’ administration violates the right to health protection of the inmates sick with TB because of poor living, sanitary and hygienic conditions, and inadequate dining. As a result of the violation of the inmates’ right to health protection, their right to life is also violated, as a death ratio among inmates sick with TB 18 to 56 times higher than that among population at large. The research also showed that these people’s freedom of expression, freedom of thought, conscience and religion were also violated, and they were in total dependence from the administrations. The research lists proposals toward bringing the conditions at the correctional establishments in line with international standards.
Monitoring research on unlawful actions committed by officers of the law-enforcement agencies through assessment of the number and reasons for emergency calls to law-enforcement agencies [Public Organisation “For Everyone’s Rights” (Kremenchuk)]
In the course of legal proceedings followed an organisation’s failure to obtain information from the local emergency department, it was granted access to the department’s archives. Members of the organisation worked there in 2005, identifying emergency calls to various law-enforcement facilities, and found staggering data. In 2005, in Kremenchuk alone (with the population below 250,000), were recorded 554 calls. Of these 293 calls were to various units of the Avtozavodsky District Police Station. The victims reported the following reasons for emergency calls: 6 cases slashing wrists, 15 cases of hand or arm injuries, 45 cases of head injuries, 48 cases of heart attacks, as well as nose injuries, smashing faces, nose bleedings, etc. It can be suggested that in many cases the injuries were the result of unlawful behaviour on the part of police officers. It should be emphasised that even when the people with the injuries gave other reasons, fearing the police, the responsibility for everything happened to them at the district police station lies with the officers of that department.
Conducting the seminars and training for different target groups
Seminars for judges
During 6-7 May 2004, KhPG held a seminar “Protection from Abuse of Power during Criminal Investigation: National Case-Law in the Light of the Ukraine’s International Obligations” for judges from the Kharkiv Region. The seminar was attended by 58 persons, with 52 judges among them (13 judges of the Kharkiv Regional Appeal Court, 15 judges of local (district) courts in Kharkiv, 24 judges of local (district) courts in the Kharkiv Region), 5 assistant judges (the Appeal Court), 1 senior consultant.
During 10-11 March 2005, KhPG with the assistance of the Kharkiv Regional Division of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; prohibition of torture and assessment of defendant’s confessions in court hearings” for judges of local (district) courts of the Kharkiv, Poltava, and Sumy Regions. The seminar was attended by 24 persons. Among its participants there were 22 judges and 2 members of NGO – 10 men and 14 women.
During 14-15 March 2005, KhPG with the assistance of the central office of Ukraine’s Academy of Judges held a 2-day seminar “A role of courts in the prevention of torture and protection of the right to freedom in criminal procedure” for judges of Ukraine’s Supreme Court and Appeal Courts. The seminar was attended by 29 persons. Among the participants there were 2 Judges of Ukraine’s Supreme Court, 18 judges from 18 Regional Appeal Courts, 2 persons from the Office of Ukraine’s Ombudsperson, 5 lawyers from Kyiv, Kharkiv, and Simferopol, and 2 members of NGO – 20 men and 8 women.
During 17-18 March 2005, KhPG with the assistance of the central office of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; prohibition of torture and assessment of defendant’s confessions in court hearings” for judges of local (district) courts of the Vinnitsa, Zhytomyr, Kyiv, Cherkasy, and Cherhigiv Regions. The seminar was attended by 31 persons. Among its participants there were 30 judges and 1 member of NGO – 18 men and 13 women.
During 13-14 June 2005, KhPG with the assistance of the Odessa office of Ukraine’s Academy of Judges held a 2-day seminar “Courts’ role in prevention of torture and protection of the right to liberty in the criminal process: the use of suspects’ confessions in the course of legal proceedings” for judges of local (district) courts of the Odessa and Kherson Regions. The seminar was attended by 29 persons. Among its participants there were 7 judges and 22 students at the Institute for Training of Professional Judges – 14 men and 15 women.
During 22-23 June 2005, KhPG with the assistance of the Lviv office of Ukraine’s Academy of Judges and KhPG’s regional partner, Legal and Political Research Centre “SIM,” held a 2-day seminar “Courts’ role in prevention of torture and protection of the right to freedom in the criminal process: the use of suspects’ confessions in the course of legal proceedings” for judges of local (district) courts of the Lviv, Volyn, Ivano-Frankivsk, Zakarpatska, and Rivno Regions. The seminar was attended by 18 persons. Among its participants there were 14 judges and 2 members of NGO – 11 men and 7 women.
(See full accounts of the above seminars in the previous Reports.)
During 8-9 November 2005, KhPG with the assistance of the Kharkiv Regional Division of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; use of defendants’ confessions in court hearings” for judges specialised in criminal cases of local (district) courts of the Kharkiv, Poltava, and Sumy Regions. The seminar was attended by 31 persons. Among its participants there were 28 judges (including 2 presidents of town and district courts), and 2 members of regional justice department and 1 law student – 16 men and 15 women.
In the first day, Arkadiy Buschenko (KhPG), delivered lecture “Application of international standards. The European Convention, principles of interpretation and impact on the national law.” Oleksiy Gotsul (National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice) told about prohibition of torture, national mechanisms for prevention of torture, and positive obligations of the state. Lawyer Sergiy Goncharenko (Kyiv) discussed issues of fair trial and use of suspect’s (defendant’s) confessions to substantiate guilt and lawyers’ professional rights.
In the second day, Arkadiy Buschenko gave a short overview of the European Court’s case-law concerning protection from torture.
During 21-22 March 2006, KhPG with the assistance of the Kharkiv Regional Division of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; use of defendants’ confessions in court hearings” for judges firstly appointed to local (district) general courts of the Kharkiv, Poltava, and Sumy Regions. The seminar was attended by 25 persons. Among its participants there were 24 judges, and 1 member of human rights organisation – 20 men and 5 women.
In the first day, after an introductory speech by Lyudmila Klochko (KhPG), Arkadiy Buschenko (KhPG), delivered a lecture “The European Court’s case-law regarding the right to freedom”. Grigoriy Aleynykov, a judge of the Zaporizhya Regional Appeal Court and President of the Zaporizhya Regional Association of Judges, delivered a lecture “The use of precedent case-law of the European Court of Human Rights while making court decisions.” Inna Grebenyuk, Chief of the Department of Criminal Process at the National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice, told about several aspects of the use of Articles 3 and 5 of the European Convention in the national court practice.”
In the second day, Arkadiy Buschenko told about standards in the protection from tortures (the European Court’s case-law and standards of the Committee against Torture.” The lectures in both days were followed by extensive discussions among the participants.
During 29-30 March 2006, KhPG with the assistance of the Kharkiv Regional Division of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; use of defendants’ confessions in court hearings” for presidents and deputy presidents of local (district) general courts of the Kharkiv, Poltava, and Sumy Regions. The seminar was attended by 36 persons. Among its participants there were 34 judges (including 3 presidents of district courts) and 2 members of human rights organisation – 13 men and 23 women.
In the first day, after introductory speeches by Valentina Korzhyk, Director of the Kharkiv Regional Department of the Academy of Judges, and Lyudmila Klochko (KhPG), the latter delivered a lecture on problems of the application of Articles 3 and 5 of the European Convention in applications to the European Court against Ukraine. Judge Grigoriy Aleynykov (Zaporizhya Regional Appeal Court) delivered a lecture “The use of domestic law and precedent case-law of the European Court of Human Rights in detention hearing in the course of criminal process in Ukraine.” Inna Grebenyuk, Chief of the Department of Criminal Process at the National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice, told about several aspects of the use of Articles 3 and 5 of the European Convention in the national court practice.”
In the second day, lawyer Valeria Lutkovska (Kyiv) told about the European Court’s Decisions against Ukraine and standards in the protection from tortures (the European Court’s case-law and standards of the Committee against Torture.” Then participants were engaged in a mute court to put into practice the knowledge they acquired during the lectures, followed by an extensive discussion. The seminar was finished by the conclusion remarks given by Valentina Korzhyk.
During 22-23 June 2006, KhPG with the assistance of the Kharkiv Regional Division of Ukraine’s Academy of Judges held a 2-day seminar “Protection of the right to liberty; use of defendants’ confessions in court hearings” for judges firstly appointed to local (district) general courts of the Kharkiv, Poltava, and Sumy Regions. The seminar was attended by 20 judges – 10 men and 10 women.
In the first day, after an introductory speech by Lyudmila Klochko (KhPG), Arkadiy Buschenko (KhPG), delivered a lecture “The European Court’s case-law regarding the right to freedom”. David Rooker, a US veteran lawyer, consultant of the Kharkiv office under the project “Free legal Aid”, told about the US experience in jail-bail hearing and its applicability to the Ukrainian judicial system. Inna Grebenyuk, Chief of the Department of Criminal Process at the National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice, told about several aspects of the use of Articles 3 and 5 of the European Convention in the national court practice.”
In the second day, Arkadiy Buschenko told about standards in the protection from tortures (the European Court’s case-law and standards of the Committee against Torture.” The lectures in both days were followed by extensive discussions among the participants.
Seminars for law-enforcement personnel
During 13-23 June 2004, KhPG held a series of seminars for law-enforcement personnel in the Zaporizhya, Mykolaiv, Kherson, and Kirovograd Regions. The seminars were attended by 223 persons:
- Zaporizhya: 50 persons, including 45 law-enforcement officers, 5 members of NGOs;
- Kherson: 80 persons, including 76 law-enforcement officers, 2 journalists, 2 members of NGOs;
- Mykolaiv: 47 persons, including 43 law-enforcement officers, 2 journalists, 2 members of NGOs;
- Kirovograd: 46 persons, including 36 law-enforcement officers, 5 journalists, 5 members of NGOs.
During 17-26 May 2005, KhPG with the assistance of its new regional partners - offices of the National Scout Organisation of Ukraine “Plast” in Lutsk, Ternopil, and Ivano-Frankivsk, as well as Chernivtsi Regional Organisation “Human Rights” - held 4 seminars for law-enforcement personnel in Lutsk, Ternopil, Ivano-Frankivsk, and Chernovtsy: Lutsk, Ternopil, Ivano-Frankivsk, and Chernovtsy. The seminars were attended by 251 persons:
- Lutsk: 50 persons, including 45 law-enforcement officers, 2 journalists, 3 members of NGOs;
- Ternopil: 85 persons, including 82 law-enforcement officers, 1 journalist, 2 members of NGOs;
- Ivano-Frankivsk: 46 persons, including 42 law-enforcement officers, 2 journalists, 2 members of NGOs;
- Chernovtsy: 70 persons, including 62 law-enforcement officers, 5 journalists, 3 members of NGOs.
(See full accounts of the above seminars in the previous Reports.)
On 24 February 2006, KhPG held in Kyiv a seminar for law-enforcement personnel “Mobile Groups in the system of the Ministry of Interior: aims, strategy and tactics of their functioning”. The seminar was attended by 56 persons.
The seminar was addressed by Professor, Doctor of Law Oleksandr Yarmysh, Head of the Department of Education and Science at the Ministry of Interior. Various problems and challenges in the work of the Ministry of Interior’s mobile groups to check the observance of human rights at district police stations were covered in lectures by Doctor of Law Yekaterina Levchenko, Adviser to the Minister of Interior on Human Rights and Gender Issues; and researchers of the Kharkiv National University of Interior Denis Kobzin (PhD., sociology), Andriy Chernousov (PhD., sociology) and Yuriy Belousov (PhD., sociology). A view of human rights activists participating in these groups was presented in lectures by Lyudmila Klochko and Arkadiy Buschenko (KhPG).
The participants discussed violations revealed in the course of the mobile groups’ work in 2005 and delineated steps to prevent some of them from happening in 2006.
During 17-18 April 2006, KhPG with the help of its regional partner, the Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms, held in Lugansk a seminar for law-enforcement personnel “Strategies of the European Convention on Human Rights and practice of investigating crimes by law-enforcement agencies of Ukraine”. The seminar was attended by 43 persons, including 38 police officers, 4 journalists, and 1 member of NGO.
In the first day, after an introductory address by Mykola Kozyrev, a head of the Public Committee on Defence of Citizens’ Constitutional Rights and Freedoms, Lyudmila Klochko (KhPG) delivered a lecture “Ukraine as a member of the European Convention on Human Rights”. The following lectures were delivered by researchers and teachers from the Kharkiv National University of Interior. Yuriy Belousov told about the results of a sociological research of public opinion concerning cruel treatment during pre-trial investigation of crimes; Professor Oleg Martinenko (Chair of the Department of Criminal Law and Criminology; PhD., law) addressed an issue of violations of human rights by police personnel. Then Yuriy Belousov and Andriy Chernousov told about the right to freedom under Article 5 and prohibition of torture under Article 3 of the European Convention. Ruslan Topolevskiy (PhD., law) explained international standards covering operation of law-enforcement agencies.
In the second day, Lyudmila Klochko discussed cooperation between law-enforcement agencies and NGOs, as well as other elements of civil society. Andriy Chernousov told about the work of Ministry of Interior’s mobile groups to check the observance of human rights, and Yuriy Belousov told about instructing of police officers on the issues of human rights.
During 22-23 May 2006, KhPG with the help of its regional partner, the Civic Bureau „Human Rights Protection”, held in Sumy a seminar for law-enforcement personnel “Standards of the European Convention on Human Rights and practice of investigating crimes by law-enforcement agencies of Ukraine”. The seminar was attended by 50 police officers.
In the first day, Lyudmila Klochko (KhPG) delivered an introductory address and a lecture “Ukraine as a member of the European Convention on Human Rights”. Yuriy Belousov (Kharkiv National University of Interior) told about the results of a sociological research of public opinion concerning cruel treatment during pre-trial investigation of crimes. Arkadiy Buschenko (KhPG) delivered lectures “Prohibition of cruel treatment under Article 3 of the European Convention” and “Right to freedom under Article 5 of the Convention”, as well as discussed a draft bill on detention hearing. Professor Oleg Martinenko (Kharkiv National University of Interior) addressed an issue of violations of human rights by police personnel and gender issues in the police force.
In the second day, Ruslan Topolevskiy (Kharkiv National University of Interior) explained international standards covering operation of law-enforcement agencies. Lyudmila Klochko told about cooperation between law-enforcement agencies and NGOs, as well as other elements of civil society. Yuriy Belousov discussed instructing of police officers on the issues of human rights. Andriy Chernousov told about the work of Ministry of Interior’s mobile groups to check the observance of human rights.
During 24-25 May 2006, KhPG held in Poltava a seminar for law-enforcement personnel “Standards of the European Convention on Human Rights and practice of investigating crimes by law-enforcement agencies of Ukraine”. The seminar was attended by 46 persons, including 44 police officers and 2 journalists, 28 men, 18 women.
In the first day, Lyudmila Klochko (KhPG) delivered an introductory address and a lecture “Ukraine as a member of the European Convention on Human Rights”. Yuriy Belousov (Kharkiv National University of Interior) told about the results of a sociological research of public opinion concerning cruel treatment during pre-trial investigation of crimes. Professor Oleg Martinenko (Kharkiv National University of Interior) addressed an issue of violations of human rights by police personnel and gender issues in the police force. Yuriy Belousov and Andriy Chernousov (Kharkiv National University of Interior) delivered a lecture “Prohibition of cruel treatment under Article 3 of the European Convention and the right to freedom under Article 5 of the Convention”. Ruslan Topolevskiy (Kharkiv National University of Interior) explained international standards covering operation of law-enforcement agencies.
In the second day, Lyudmila Klochko and Yuriy Belousov told about cooperation between law-enforcement agencies and NGOs, as well as other elements of civil society. Andriy Chernousov told about the work of Ministry of Interior’s mobile groups to check the observance of human rights. Yuriy Belousov discussed instructing of police officers on the issues of human rights.
Training seminars for lawyers
During 7-8 February 2004, KhPG held a 2-day training seminar “Practice of Use of the European Standards in Protection from Tortures and Right to Liberty in the National Legal Procedures” for Kharkiv lawyers. The seminar was attended by 28 persons. Among its participants there were 20 lawyers (17 from Kharkiv, 2 from Simferopol, 1 from Kyiv), 4 senior students of the Yaroslav Mudry National Law Academy, 2 instructors of the National University of Interior, 2 members of NGOs – 14 men and 14 women.
During 23-24 April 2004, KhPG together with the Sevastopol Group for Human Rights Protection organised a 2-day training seminar “Practice of Use of the European Standards in Protection from Tortures and Right to Liberty in the National Legal Procedures” in Sevastopol (Crimea). It was attended by 29 persons, including 20 lawyers, 4 assistant lawyers, 5 members of NGOs – 20 men and 9 women.
During 5-6 November 2004, KhPG held a 2-day training seminar “Protection of the right to freedom on the earlier stages of criminal procedure: detention and detention hearing” for Kharkiv lawyers. The seminar was attended by 19 persons. Among its participants there were 9 lawyers, 3 junior and assistant lawyers, 2 members of the Zaporizhya Regional Association of Judges, 1 senior student of the National Law Academy, 2 instructors of the National University of Interior, 2 members of NGOs – 13 men and 6 women.
During 19-20 March 2005, KhPG with the assistance of its regional partner, the International Society for Human Rights–Ukrainian Branch, held a 2-day training seminar “European standards regarding protection from torture and the right to liberty in criminal procedure” for lawyers in Kyiv. The seminar was attended by 22 persons from Kyiv, Donetsk, Chernigiv, Bila Tserkva (Kyiv Region), Odessa, and Mykolaiv. Among the participants there were 12 lawyers (including 2 presidents of regional bar associations), 5 junior and assistant lawyers, 1 senior student and 2 instructors of the Kyiv National University, 2 member of NGOs – 11 men and 11 women.
During 10-11 June 2005, KhPG with the assistance of its regional partner, the Ukrainian Independent Public Society “Zakhyst,” held a 2-day training seminar “European standards regarding protection from torture and the right to freedom in criminal procedure” for lawyers in Cherkassy. The seminar was attended by 21 persons. Among the participants there were 13 lawyers and 8 junior and assistant lawyers – 12 men and 9 women.
During 16-17 June 2005, KhPG with the assistance of the Odessa Regional Bar Association held a 2-day training seminar “European standards regarding protection from torture and the right to freedom in criminal procedure” for lawyers in Odessa. The seminar was attended by 14 persons. Among the participants there were 14 lawyers, – 10 men and 4 women.
During 19-20 June 2005, KhPG with the assistance of its regional partner, Legal and Political Research Centre “SIM,” held a 2-day training seminar “European standards regarding protection from torture and the right to freedom in criminal procedure” for lawyers in Lviv. The seminar was attended by 14 persons. Among the participants there were 9 lawyers and 5 members of NGO – 9 men and 5 women.
(See full accounts of the above seminars in the previous Reports.)
During 26-30 January 2006 in Bogorodchany (Ivano-Frankivsk Region), KhPG held a special 5-day training seminar for advanced lawyers cooperating with the Fund for Professional Assistance to Victims of Torture and Cruel Treatment “Analysis of the use of international and European mechanisms of human rights protection in various national procedures”. The seminar was attended by 16 persons. Among the participants there were 15 lawyers and 1 member of NGO – 9 men and 7 women.
Lawyers Igor Voronyak (Ivano-Fnakivsk) and Gennadiy Tokarev (Kharkiv) told about typical situations, in which access to lawyers is hampered and ways to overcome these difficulties. The participants discussed methods how to quickly get an access to clients, shared their remarks and gave suggestions on the use of other methods. They brought examples of other typical ways how clients are deprived of the access to lawyers. Lawyer Viktor Shepetukha (Kharkiv) delivered a lecture on the participation of a lawyer in detention hearing. The lawyers discussed the used procedural documents, steps undertaken to prove the necessity to release the client. In the course of work in groups, the participants prepared positions on the part of prosecution and defence, which then were presented during a mute court. Lawyers Oleksandr Lesovoy (Simferopol) and Roman Martynovskiy (Sevastopol) told about their methods of work in the course of initiating and investigating allegations of torture. The participants suggested recommendations concerning an interview with the client, work with evidence, especially with forensic reports, participation in judicial appeal of negative reports made by the investigator. Lawyers Natalya Vagina (Khmelnitsky) and Irina Blagaya (Kharkiv) told about lawyer’s work during court examinations, ways how to get an exclusion of involuntary confessions from the evidence. Lawyer Arkadiy Buschenko (Kharkiv) told about the particularities in preparing applications to the European Court of Human Rights concerning violations of Articles 3 and 5 of the European Convention, about changes in the Court’s procedure after Protocol No. 14 to the Convention had come into effect.
During the training, the participants, working in groups, prepared an application to the European Court and observations by the Government and presented positions of each party. Then the lawyers discussed particularities of the case and its prospects during its consideration by the European Court, issues of this application’s admissibility.
During 17-18 March 2006, KhPG with the assistance of its regional partner, All-Ukrainian Youth Organisation “Molody Rukh,” held a 2-day training seminar “Development of practical recommendations concerning the application of Articles 3 and 5 of the European Convention” for lawyers, as well as prosecutors, judges, and investigators in Zaporizhya. The seminar was attended by 12 persons. Among the participants there were 4 lawyers, 1 prosecutor, 4 judges, 1 investigator and 2 members of NGO – 6 men and 6 women.
Lawyer Arkadiy Buschenko (KhPG) delivered two lectures: “A procedure of detention hearing” and “Examination of the voluntariness of confessions in the course of trial”. Grigoriy Aleynykov, a judge of the Zaporizhya Regional Appeal Court and President of the Zaporizhya Regional Association of Judges told about several aspects of the application of Article 5 the European Convention in the court practice of the Zaporizhya Region. Oleksiy Gotsul (National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice) delivered a lecture on problems of the application of Articles 3 and 5 of the European Convention in applications to the European Court against Ukraine. The lectures were followed by discussions.
During 19-20 May 2006, KhPG with the assistance of its regional partner, the Civic Bureau „Human Rights Protection”, held in Sumy a seminar for lawyers “Standards of the European Convention on Human Rights and practice of investigating crimes by law-enforcement agencies of Ukraine”. The seminar was attended by 14 persons. Among the participants there were 8 lawyers, 2 junior lawyers, 4 members of NGO – 11 men and 3 women.
In the first day, Lawyer Arkadiy Buschenko (KhPG) delivered lectures “Protection of the right to freedom under Article 5 of the Convention” and “Criteria of admissibility of individual complaints under the European Convention”. Tetyana Vakulenko, a chief specialist at the Precedent Law Department of the National Bureau on Compliance the European Convention at Ukraine’s Ministry of Justice, delivered a lecture on requirements to the observation of Articles 3 and 5 in the European Court”. These two lecturers started a mute court with the preparation of applicant’s position.
In the second day, Inna Grebenyuk, a chief scientific expert of the Main Scientific & Expert Department at the Ukrainian Parliament, told about violations of Articles 3 and 5 in the case-law of the European Court and the role of national courts in correcting the situation. Inna Grebenyuk and Lyudmila Klochko (KhPG) continued and concluded the mute court and discussed its results with the participants.
During 26-27 May 2006, KhPG held a seminar for lawyers “Standards of the European Convention on Human Rights and practice of investigating crimes by law-enforcement agencies of Ukraine” in Poltava. The seminar was attended by 17 persons. Among the participants there were 7 lawyers, 3 law students, 3 journalists 4 members of NGO – 8 men and 9 women.
In the first day, After an address by Lyudmila Klochko (KhPG), lawyer Arkadiy Buschenko (KhPG) delivered lectures “Protection of the right to freedom under Article 5 of the Convention” and “Criteria of admissibility of individual complaints under the European Convention”. Lawyer Sergiy Goncharenko, a chair of the Human Rights, European and International Law of the Bar Academy, told about the right for a fair trial – the use of defendant’s confessions during the trial (Article 6 of the European Convention)”. Arkadiy Buschenko and Lyudmila Klochko started a mute court with the preparation of applicant’s position.
In the second day, Inna Grebenyuk (Main Scientific & Expert Department at the Ukrainian Parliament), told about violations of Articles 3 and 5 in the case-law of the European Court and the role of national courts in correcting the situation. Judge Grigoriy Aleynykov (Zaporizhya Regional Appeal Court) told about the use of precedent practice of the European Court during detention hearing. Inna Grebenyuk and Lyudmila Klochko (KhPG) continued and concluded the mute court and discussed its results with the participants.
Training seminar on access to information
During 19-22 April 2005, KhPG, along with organisation “Article 19” (UK), held a training seminar on access to information in Kyiv. Particularly for this event, KhPG translated from English into Ukrainian Freedom of Information Manual written by Richard Carver (Article 19); the training seminar was held according to techniques described in this manual. It consisted of 2 stages. The seminar was attended by 32 persons – 20 men, 12 women.
During 19-22 April 2005, KhPG held a set-up training seminar on carrying out a project to study the access to information at the national and regional levels. The seminar was attended by 32 persons – 20 men and 15 women. The participants discussed and agreed upon the topics of requests for information and a mailing list of state agencies where they to apply with their requests for information. Most requests are to deal with the information related to various aspects of prevention of torture and cruel treatment.
Preparing the materials for the course «Human Rights and Police»:
During the first year of the Project, members of the Kharkiv National University of Interior (KhNUI) studied contemporary approaches and active methods of instruction for future teachers of human rights at the educational system of the Ministry of Interior. They selected various kinds of lectures (problem lecture, lecture with two lecturers, lecture with anticipated errors, visualizing lecture); round-table, interdisciplinary seminar and substantiated the use of a case study method, which effectiveness was proved during the seminars with law-enforcement personnel. Overall, they developed several lessons and case studies on the use of weapons by police officers and treatment of detained persons. They also held 5 seminars throughout Ukraine for police personnel and instructors from schools of higher education at the Ministry of Interior on new standards in the sphere of human rights.
During the second year of the Project, the KhNUI team developed 6 chapters out of 13 for the textbook in question.
For the third year of the Project, in order to ensure quality of the proposed course and textbook KhPG, with the financial assistance of the Open Society Institute (Budapest, Hungary), invited the Helsinki Foundation for Human Rights (Warsaw) & Police Training Centre in Legionovo, Poland (HFHR) as consultants and trainers. These organisations have a long-term experience in conducting educational programmes for police, in particular, they participated in reforming of the police officers training system in Poland, wrote a similar textbook for Polish police cadets, developed new educational programmes, and are repeatedly invited to various schools of higher learning to give lectures on human rights.
In July of 2005, A HFHR team studied basic legal documents regulating aims, functions, and competences of the Ukrainian police, familiarised itself with the Ukrainian educational and training system for police officers and current methodologies of education. It also analyzed the concept of teaching human rights prepared by KhNUI to date.
During 30-31 August 2005, Sławomir Cybulski, a HFHR expert, along with experts from KhPG and KhNUI, worked out a concept of introducing the “Human Rights and the Police” course, as well as didactical materials for this course.
During 3-7 November 2005, trainers from HFHR and KhPG held a seminar for a group of 20 lecturers from KhNUI on fundamental human rights concepts and theories, international systems for the protection of human rights, as well as international standards covering substantive rights closely related to the police work.
During 24-28 November 2005, trainers from HFHR held a seminar for the same group of 20 lecturers on the manner of developing education programs and the methodology of performing coursework on human rights.
In November-December of 2005, HFHR prepared a concept of and arranged for a study-tour to Poland for 8 lecturers from the KhNUI. The study-tour took place during 15-21 January 2006. In the course of it, the participants familiarized themselves with the personnel selection system of the Polish police, the system of professional training for police officers, the methodology of developing programs for professional training, the methodology of performing coursework, as well as the methods of evaluating these training courses’ efficiency. They also familiarized themselves with the activity of the Higher Police School in Szczytno and the manner of functioning of one police station in Warsaw, as well as operation of the General Headquarters of the Police.
From February to April of 2006, Ukrainian and HFHR experts held consultations regarding both the course’s programme and didactical aid in the form of a textbook for lecturers and students.
During 25-29 April 2006, experts from HFHR, KhPG and KhNUI developed a final version of the programme for the human rights course, as well as didactical materials for this course, i.e. a textbook for lecturers containing both content-related and methodological aspects and a textbook for students.
As a result of this work, the following textbook was published:
Права людини у діяльності міліції: Навчальний посібник / Кол. авт., за заг. ред. акад. АПрН України, д-ра юрид. наук, проф. О.О. Погребного та співголови Харківської правозахисної групи канд. техн. наук Є.Ю. Захарова. – Харків: Вид-во Харк. нац. ун-ту внутр. справ, 2006. – 216 с.
On 24 June 2006, KhNUI and KhPG held in Kharkiv a presentation seminar of a training & methodological set for the course “Providing of human rights in the activities of the Ministry of Interior” for higher education establishments of the Ministry of Interior. The developers and contributors of the course, including Yevgeniy Zakharov (Co-Chair, KhPG), Professor Oleksiy Pogrebniy (First Pro-Rector, KhNUI), Kateryna Levchenko (Member of Parliament), Professor Vasil Sobolev (Member of the Public Council at the Ministry of Interior), told the audience about the publication and its importance in introducing human rights agenda for police cadets in Ukraine. The presentation sparked a vivid discussion on the issue of torture prevention and observance of human rights in the police.
KhNUI also implemented separate topics on human rights into the existing courses on criminal and administrative law, as well criminal and administrative procedure.
Series “Against Torture”
1. Проти катувань №22(63): Міжнародні механізми запобігання катуванням та жорстокому поводженню. – Харків: Фоліо, 2004. - 192 с. (1000 прим.) [Against Torture №22(63): International Mechanisms for Prevention from Tortures and Cruel Treatment. Kharkiv: Folio, 2004, 192 pp. (1,000 copies).] (Reprinted in 2005)
2. Проти катувань №27(68): Європейські механізми запобігання катуванням та жорстокому поводженню. – Харків: Фоліо, 2003. - 160 с. (1000 прим.) [Against Torture №27(68): European Mechanisms for Prevention from Tortures and Cruel Treatment. Kharkiv: Folio, 2004, 160 pp. (1,000 copies).] (Reprinted in 2005)
3. Проти катувань №29(70): Аркадій Бущенко. Стаття 5 Конвенції про захист прав людини та основних свобод. Систематизований дайджест рішень Європейського Суду з прав людини. – Харків: Фоліо, 2003. - 288 с. (1000 прим.) [Against Torture № 29(70): Arkadiy Buschenko. Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms: Systemised Digest of Judgments by the European Court of Human Rights. Kharkiv: Folio, 2003, 288 pp. (1,000 copies).] (Reprinted in 2005)
4. Проти катувань №30(71): Огляд повідомлень щодо жорстокого поводження та катувань. 2003. – Харків: Фоліо, 2004. - 368 с. (1000 прим.) [Against Torture № 30(71): Review of Reports on Cruel Treatment and Tortures: 2003. Kharkiv: Folio, 2004, 368 pp. (1,000 copies).]
5. Проти катувань №35(76): Огляд повідомлень про жорстоке поводження і застосування катувань в Україні (червень 2001 – грудень 2002). – Харків: Фоліо, 2004. - 224 с. (1000 прим.) [Against Torture № 35(76): Review of Reports on Cruel Treatment and Tortures in Ukraine: June 2001 – December 2002. Kharkiv: Folio, 2004, 224 pp. (1,000 copies).]
6. Against Tortures No. 35(76): Reports of Messages against Torture and Cruel Treatment in Ukraine (June 2001 – December 2002). Kharkiv: Folio, 2004, 112 pp. (500 copies).
7. Проти катувань №36(77): Аркадій Бущенко. Стаття 3 Конвенції про захист прав людини та основних свобод. Систематизований дайджест рішень Європейського Суду з прав людини. – Харків: Фоліо, 2005. - 288 с. (1000 прим.) [Against Torture №36(77): Arkadiy Buschenko. Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms: Systemised Digest of Judgments by the European Court of Human Rights. Kharkiv: Folio, 2005, 288 pp. (1,000 copies)]
8. Проти катувань №38(80): Аркадій Бущенко. Аналіз відповідності українського законодавства та практики стандартам й рекомендаціям Європейського Комітету запобігання катуванням та жорстокому поводженню. – Харків: Харківська правозахисна група, 2005. - 240 с. (1000 прим.) [Against Torture №38(80): Arkadiy Buschenko. Analysis of the correspondence of the Ukrainian legislation and case-law to standards and recommendations of the European Committee for the Prevention of Torture. Kharkiv: Kharkiv Human Rights Prevention Group, 2005, 240 pp. (1,000 copies)]
9. Проти катувань №39(81): Аркадій Бущенко. Стаття 2 Конвенції про захист прав людини та основних свобод. Систематизований дайджест рішень Європейського Суду з прав людини. – Харків: Фоліо, 2006. - 244 с. (1000 прим.) [Against Torture №39(81): Arkadiy Buschenko. Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms: Systemised Digest of Judgments by the European Court of Human Rights. Kharkiv: Folio, 2006, 244 pp. (1,000 copies)]
Series “Human Rights Fact Sheets”
10. Механізм у галузі прав людини. Виклад фактів №1 – Харків: Харківська правозахисна група, 2004. - 24 с. (1000 прим.) [Human Rights Machinery: Fact Sheet No. 1. Kharkiv: KhPG, 2004, 24 pp. (1,000 copies).]
11. Міжнародний білль про права людини. Виклад фактів №2 – Харків: Харківська правозахисна група, 2004, 68 с. (1000 прим.) [The International Bill of Human (Rev. 1): Fact Sheet No. 2. Kharkiv: KhPG, 2004, 68 pp. (1,000 copies).]
12. Консультативне обслуговування і технічна допомога у галузі прав людини. Виклад фактів №3 – Харків: Харківська правозахисна група, 2004. - 16 с. (1000 прим.) [Advisory Services and Technical Cooperation in the Field of Human Rights (Rev. l): Fact Sheet No. 3. Kharkiv: KhPG, 2004, 16 pp. (1,000 copies).]
13. Боротьба проти катувань: документи. Виклад фактів №4 – Харків: Харківська правозахисна група, 2004. - 52 с. (1000 прим.) [Methods of Combating Torture: Fact Sheet No. 4. Kharkiv: KhPG, 2004, 52 pp. (1,000 copies).]
14. Програма дій на друге Десятиліття дій боротьби проти расизму і расової дискримінації. Виклад фактів №5 - Харків: Харківська правозахисна група, 2004. - 14 с. (1000 прим.) [Programme of Action for the Second Decade to Combat Racism and Racial Discrimination: Fact Sheet No. 5. Kharkiv: KhPG, 2004, 14 pp. (1,000 copies).]
15. Насильницьке або недобровільне зникнення осіб. Виклад фактів №6 – Харків: Харківська правозахисна група, 2004. - 24 с. (1000 прим.) [Enforced or Involuntary Disappearance (Rev. 2): Fact Sheet No. 6. Kharkiv: KhPG, 2004, 24 pp. (1,000 copies).]
16. Процедури подання і розгляду скарг. Виклад фактів №7 – Харків: Харківська правозахисна група, 2004. - 20 с. (1000 прим.) [Communications Procedures: Fact Sheet No. 7. Kharkiv: KhPG, 2004, 20 pp. (1,000 copies).]
17. Всесвітня кампанія з інформування громадськості про права людини. Виклад фактів №8 – Харків: Харківська правозахисна група, 2004. - 16 с. (1000 прим.) [World Public Information Campaign for Human Rights: Fact Sheet No. 8. Kharkiv: KhPG, 2004, 16 pp. (1,000 copies).]
18. Права корінних народів. Виклад фактів №9 – Харків: Харківська правозахисна група, 2004. - 16 с. (1000 прим.) [The Rights of Indigenous Peoples (Rev.2): Fact Sheet No. 9. Kharkiv: KhPG, 2004, 16 pp. (1,000 copies).]
19. Права дитини. Виклад фактів №10 – Харків: Харківська правозахисна група, 2004. - 36 с. (1000 прим.) [The Rights of the Child (Rev. 1): Fact Sheet No. 10. Kharkiv: KhPG, 2004, 36 pp. (1,000 copies).]
20. Страти за спрощеним судочинством або безпідставні страти. Виклад фактів №11 – Харків: Харківська правозахисна група, 2004. - 24 с. (1000 прим.) [Summary or Arbitrary Executions (Rev. 1): Fact Sheet No. 11. Kharkiv: KhPG, 2004, 24 pp. (1,000 copies).]
21. Комітет ліквідації расової дискримінації. Виклад фактів №12 – Харків: Харківська правозахисна група, 2004. - 28 с. (1000 прим.) [The Committee on the Elimination of Racial Discrimination: Fact Sheet No. 12. Kharkiv: KhPG, 2004, 28 pp. (1,000 copies).]
22. Міжнародне гуманітарне право і права людини. Виклад фактів №13 – Харків: Харківська правозахисна група, 2004. - 16 с. (1000 прим.) [International Humanitarian Law and Human Rights: Fact Sheet No. 13. Kharkiv: KhPG, 2004, 16 pp. (1,000 copies).]
23. Сучасні форми рабства. Виклад фактів №14 – Харків: Харківська правозахисна група, 2004. - 12 с. (1000 прим.) [Contemporary Forms of Slavery: Fact Sheet No. 14. Kharkiv: KhPG, 2004, 12 pp. (1,000 copies).]
24. Громадські і політичні права: Комітет прав людини. Виклад фактів №15 – Харків: Харківська правозахисна група, 2004. - 40 с. (1000 прим.) [Civil and Political Rights: The Human Rights Committee: Fact Sheet No. 15. Kharkiv: KhPG, 2004, 40 pp. (1,000 copies).]
25. Комітет економічних, соціальних і культурних прав. Виклад фактів №16 – Харків: Харківська правозахисна група, 2006. - 48 с. (1000 прим.) [The Committee on Economic, Social and Cultural Rights (Rev. l): Fact Sheet No. 16. Kharkiv: KhPG, 2006, 48 pp. (1,000 copies).]
26. Комітет проти катувань. Виклад фактів №17 – Харків: Харківська правозахисна група, 2004. - 36 с. (1000 прим.) [The Committee against Torture: Fact Sheet No. 17. Kharkiv: KhPG, 2004, 36 pp. (1,000 copies).]
27. Права меншин. Виклад фактів №18 – Харків: Харківська правозахисна група, 2004. - 14 с. (1000 прим.) [Minority Rights (Rev. 1): Fact Sheet No. 18. Kharkiv: KhPG, 2004, 14 pp. (1,000 copies).]
28. Національні установи, які займаються захистом і заохоченням прав людини. Виклад фактів №19. Харків: Харківська правозахисна група, 2004. - 20 с. (1000 прим.) [National Institutions for the Promotion and Protection of Human Rights: Fact Sheet No. 19. Kharkiv: KhPG, 2004, 20 pp. (1,000 copies).]
29. Права людини і біженці. Виклад фактів №20. Харків: Харківська правозахисна група, 2004. - 44 с. (1000 прим.) [Human Rights and Refugees: Fact Sheet No. 20. Kharkiv: KhPG, 2004, 44 pp. (1,000 copies).]
30. Права людини на достатнє житло. Виклад фактів №21. Харків: Харківська правозахисна група, 2006. - 48 с. (1000 прим.) [The Human Right to Adequate Housing: Fact Sheet No. 21. Kharkiv: KhPG, 2006, 48 pp. (1,000 copies).]
31. Дискримінація щодо жінок: конвенція і комітет. Виклад фактів №22. Харків: Харківська правозахисна група, 2004, 64 с. (1000 прим.) [Discrimination against Women: The Convention and the Committee: Fact Sheet No. 22. Kharkiv: KhPG, 2006, 64 pp. (1,000 copies).]
32. Небезпечна традиційна практика, що шкідливо відображається на здоров’ї жінок і дітей. Виклад фактів №23. Харків: Харківська правозахисна група, 2004, 52 с. (1000 прим.) [Harmful Traditional Practices Affecting the Health of Women and Children: Fact Sheet No. 23. Kharkiv: KhPG, 2004, 52 pp. (1,000 copies).]
33. Права робітників-мігрантів. Виклад фактів №24. Харків: Харківська правозахисна група, 2006. - 64 с. (1000 прим.) [The rights of Migrant Workers: Fact Sheet No. 24. Kharkiv: KhPG, 2006, 64 pp. (1,000 copies).]
34. Примусові виселення та права людини. Виклад фактів №25. Харків: Харківська правозахисна група, 2006. - 48 с. (1000 прим.) [Forced Evictions and Human Rights: Fact Sheet No. 25. Kharkiv: KhPG, 2006, 48 pp. (1,000 copies).]
35. Робоча група з безпідставного затримання. Виклад фактів №26. Харків: Харківська правозахисна група, 2004. - 44 с. (1000 прим.) [The Working Group on Arbitrary Detention: Fact Sheet No. 26. Kharkiv: KhPG, 2004, 44 pp. (1,000 copies).]
36. Діяльність спеціальних доповідачів Організації Об’єднаних Націй: 17 питань і відповідей. Виклад фактів №27. Харків: Харківська правозахисна група, 2006, 24 с. (1000 прим.) [Seventeen Frequently Asked Questions about United Nations Special Rapporteurs: Fact Sheet No. 27. Kharkiv: KhPG, 2006, 24 pp. (1,000 copies).]
37. Вплив діяльності найманців на здійснення права народів на самовизначення. Виклад фактів №28. Харків: Харківська правозахисна група, 2006, 40 с. (1000 прим.) [The Impact of Mercenary Activities on the Right of Peoples to Self-determination: Fact Sheet No. 28. Kharkiv: KhPG, 2006, 40 pp. (1,000 copies).]
38. Правозахисники: захищаючи права людини. Виклад фактів №29. Харків: Харківська правозахисна група, 2006, 56 с. (1000 прим.) [Human Rights Defenders: Protecting the Right to Defend Human Rights: Fact Sheet No. 29. Kharkiv: KhPG, 2006, 56 pp. (1,000 copies).]
39. Система договорів Організації Об’єднаних Націй в області прав людини. Виклад фактів №30. Харків: Харківська правозахисна група, 2006, 64 с. (1000 прим.) [The United Nations Human Rights Treaty System: Fact Sheet No. 30. Kharkiv: KhPG, 2006, 64 pp. (1,000 copies).]
Series “Judgments of the European Court concerning Ukraine”
40. Рішення Європейського Суду щодо України: Випуск 1. Харківська правозахисна група. – Харків: Права людини, 2006. - 306 с. (2000 прим.) [Judgments of the European Court concerning Ukraine: Issue 1. Kharkiv: Folio, 2006, 306 pp. (2,000 copies).]
41. Рішення Європейського Суду щодо України: Випуск 2. Харківська правозахисна група. – Харків: Фоліо, 2004. - 288 с. (2000 прим.) [Judgments of the European Court concerning Ukraine: Issue 2. Kharkiv: Folio, 2004, 288 pp. (2,000 copies).]
42. Рішення Європейського Суду щодо України: Випуск 3. Харківська правозахисна група. – Харків: Фоліо, 2004. - 280 с. (2000 прим.) [Judgments of the European Court concerning Ukraine: Issue 3. Kharkiv: Folio, 2004, 280 pp. (2,000 copies).]
Series “Human Rights in Ukraine”
43. Права людини в Україні – 2004: Доповідь правозахисних організацій. - Харків: Фоліо, 2005. - 332 с. (2000 прим.) [Human rights in Ukraine – 2004: Human rights organisations’ report. - Kharkiv: Folio, 2005, 332 pp. (2,000 copies)]
44. Human Rights in Ukraine – 2004: Human Rights Organisations’ Report. Kharkiv: Folio, 2005, 288 pp. (500 copies)
45. Права людини в Україні – 2005: Доповідь правозахисних організацій. - Харків: Права людини, 2006, 320 с. (2000 прим.) [Human rights in Ukraine – 2005: Human rights organisations’ report. - Kharkiv: Prava Ludyny, 2006, 320 pp. (1,500 copies)]
46. Human Rights in Ukraine – 2005: Human Rights Organisations’ Report. Kharkiv: Prava Ludyny, 2006, 160 pp. (500 copies)
Other:
47. Моніторинг порушення прав військовослужбовців строкової служби. - Харків: Фоліо, 2004 – 208 с. . (1000 прим.) [Monitoring of violations of rights of drafted military personnel. Kharkiv: Folio, 2004, 208 pp. (1,000 copies)]
48. Торжественно присягаю… О воинах, погибших в мирное время. – Харьков: Фолио, 2004. - 312 с. (1000 экз.) [I solemnly swear… About the soldiers who died in the peaceful time. Kharkiv: Folio, 2004, 312 pp. (1,000 copies)]
49. Зведений звіт моніторингу якості призову (весна 2000 – осінь 2004 років). - Харків: Харківська обласна спілка солдатських матерів, 2005. – 34 с. [The Combined report of the military draft quality (Spring 2000 – Autumn 2004). Kharkiv: Kharkiv Regional Union of Soldiers’ Mothers, 2005. – 34 pp.]
50. Громадські слухання: Права людини та основні свободи в проекті кримінально-процесуального кодексу (за матеріалами громадських слухань, що відбулися 12 травня 2004 року). - Харків: Фоліо, 2004. - 96 с. (500 прим.) [Public hearings: Human rights and fundamental freedoms in the draft of the Code of Criminal procedure (following the public hearings held on 12 May 2004). Kharkiv: Folio, 2004, 96 pp. (500 copies)]
51. Дайджест судової практики Європейського суду з прав людини за статтею 3 Європейської Конвенції про захист прав людини та основних свобод – Харків: Харківська правозахисна група, 2004. - 27 с. (500 прим.) [Digest of Judgments by the European Court of Human Rights: Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Kharkiv: KhPG, 2004, 27 pp. (500 copies).]
52. Протизаконне насильство в органах внутрішніх справ: Соціологічний та історико-правовий аналіз. – Харків: Вид-во Нац. ун-ту внутр. справ, Харківська правозахисна група, 2005. – 212 с. (1000 прим.) [Unlawful violence in law enforcement agencies: Sociological, legal and historical analysis. Kharkiv: National University of Internal Affairs Publishing, Kharkiv Human Rights Protection Group, 2005. – 212 p. (1,000 copies)]
53. О.А. Мартыненко. Детерминация и предупреждение преступности среди персонала органов внутренних дел Украины: Монография. - Харьков: Изд-во Харьк. нац. ун-та внутр. дел, 2005. - 496 с. [O.A. Martynenko. Determination and Prevention of Criminality among the Personnel of the Ministry of Interior: Monograph. Kharkiv: Kharkiv National University of Internal Affairs Publishing, 2005. – 496 p. (500 copies)]
54. Права людини у діяльності міліції: Навчальний посібник. – Харків: Вид-во Харк. нац. ун-ту внутр. справ, 2006. – 216 с. (500 прим.) [Human Rights in Police Work: Texbook. Kharkiv: Kharkiv National University of Internal Affairs Publishing, 2006. – 216 p. (500 copies)]
55. Свобода інформації та право на привтаність в Україні. Том 1. Доступ до інформації: hic et nunc! - Харків: Фоліо, 2004. - 212 с. (1,000 прим.) [Freedom of Information and Right to Privacy in Ukraine. Volume 1. Access to Information: hic et nunc! Kharkiv: Folio, 2004, 212 pp. (1,000 copies)]
56. Свобода інформації та право на привтаність в Україні. Том 2. право на привтаність: condition sine qua non! - Харків: Фоліо, 2004. - 200 с. (1,000 прим.) [Freedom of Information and Right to Privacy in Ukraine. Volume 1. Access to Information: hic et nunc! Kharkiv: Folio, 2004, 200 pp. (1,000 copies)]
57. Стамбульский протокол: Руководство по эффективному расследованию и документированию пыток и других жестоких, бесчеловечных или унижающих человеческое достоинство видов обращения и наказания – Нью-Йорк и Женева: Организация Объединенных Наций, 2001 (репринтное издание ХПГ, 2003. - 85 с. (500 прим.)) [The Istanbul Protocol: The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York and Geneva: United Nations Organisation, 2001 (reprinted publication by KhPG, 2003, 85 pp. (500 copies)).] (Reprinted in 2005)
58. Камиль Жиффар. Пытки: руководство по составлению сообщений. Процедуры документирования и составления заявлений о пытках в контексте международной системы защиты прав человека. – Колчестер: Центр прав человека: Эссекский университет, 2000 (репринтное издание ХПГ, 2003. - 60 c. (100 прим.)) [Camille Giffard. The Torture Reporting Handbook: How to document and respond to allegations of torture within the international system for the protection of human rights. Colchester, UK: Human Rights Centre/University of Essex, 2000 (reprinted publication by KhPG, 2003, 60 pp. (100 copies)).]
59. Ричард Карвер. Свобода інформації: навчальний посібник для державних службовців. - Харків: Харківська правозахисна група, 2005. - 28 с. (500 прим.) [Richard Carver. Freedom of Information: Manual. Kharkiv: KhPG, 2005, 128 pp. (500 copies).]
Reprints:
60. Руководство по справедливому судопроизводству. – Харків: Права людини, 2006. - 204 с. (1000 экз.) [Manual on fair trial. Kharkiv: Prava Ludyny, 2006, 204 pp. (1,000 copies)]
Periodicals:
61. «Права людини» (ХПГ-Інформ). Інформаційний бюлетень Харківської правозахисної групи. (липень 2003 – червень 2006, 108 номерів, 800 прим.) [Human Rights (KhPG-Inform): Information Bulletin of the Kharkiv Human Rights Protection Group. January 2005 – December 2005, 108 issues (72 issues in Ukrainian (800 copies), 36 issues in English).]
62. Свобода висловлювань і приватність (2004-2005, 8 випусків, 1000 прим.). [Freedom of Expression and Privacy. 2004-2005, 8 issues (1,000 copies)]
The publications under the Project have been distributing, as follows:
At seminars for the target groups (human rights activists, judges, law-enforcement personnel, lawyers). Each participant receives a kit with materials on the topic of the seminar, which core is usually comprised by KhPG publications.
At seminars on related projects KhPG is in. As a rule, at each seminar, KhPG sets up an exhibition of its latest publications. In addition, at the exhibition, seminar participants can fill an order for additional copies, which are sent to them later.
In KhPG’s Kharkiv office and public reception office: directly or through filling an order for larger number of copies.
KhPG regularly send copies of its publications to public libraries throughout Ukraine, as well as to colleges and universities (to order). Information about new publications regularly appears on KhPG web-site (www.khpg.org) and information bulletins “Prava Ludiny” (Human Rights).