“Prava Ludiny” (human rights) monthly bulletin, 2005, #06
23 cases on falsifications of election were instituted in the Crimea One million hryvnas were spent for bribes in the Sumy region during the election Investigation of cases, instituted after the facts of crimes committed in the course of presidential election campaign, continues Court condemned violators to 3 and 4 years of incarceration with the probation term Three more officials-falsifiers were unmasked in the Nikolayev region From 2 to 8 criminal cases on violations of electoral right are started every day in the Donetsk region Freedom of expression
Situation with mass media has improved Access to information
Operation “For printing!” Freedom of peaceful assembly
Forbidden to forbid! Kyiv mayor violates the right of citizens for peaceful assemblies On refugees
Law-enforcing organs, courts, penitentiary organs and other power organs live for charitable contributions, that is official bribes Actions of law-enforcers during the soccer match “Dynamo” (Kyiv) – “Shakhtar” (Donetsk) were lawful Ukrainian Helsinki Union of human rights: Open letter to the Minister of Interior Interethnic relations
Rights of women prisoners are being violated in Chernihiv Penal Colony No. 44 Civic society
Whether fair punishment of a criminal may be considered as a political repression? Deported peoples
Genrikh Altunian, a famous human rights activist and active participant in the Orange revolution, died on 30 June Mykhaylo Goryns jubilee
23 cases on falsifications of election were instituted in the Crimea
In June the prosecutors office of the Crimea directed to court five criminal cases connected with violations of laws on election of the President of Ukraine in the course of the election campaign on the peninsula. This information was presented on Wednesday by the press service of the prosecutors office of the Crimea.
By the data of the press service, during the current year the prosecutors organs of the Autonomous republic has instituted 23 criminal cases after the facts of violations in the course of the presidential election campaign.
The Simferopol district court has already brought in the verdict to the head of election station No. 48 of territorial election circuit No. 10, who falsified signatures in the documents on paying salaries to the members of the election commission, thus defalcating 1659 hryvnas. The court condemned the swindler to three years of deprivation of liberty.
The majority of criminal cases were started in compliance with Article 158 of the Criminal Code of Ukraine (illegal use of election bulletins, falsification of election documents), Article 191 (misappropriation and peculation of property or seizure of property by means of misuse of power) for falsification of protocols on the results of voting, obtaining salaries instead of members of election commissions or, on the contrary, illegal accounting of salaries to the officials of election commissions.
30 June 2005
One million hryvnas were spent for bribes in the Sumy region during the election
Oleksandr Gorban, the prosecutor of the Sumy region, informs that about one million hryvnas, spent for bribes to the heads of election commissions has been disclosed in the course of investigation of the criminal cases connected with violations during the presidential election.
This information was given in the interview to journalists, communicates “Obkom”.
In particular, Gorban adduced as an example the criminal case against Olga Krutushkina, “who, together with other top officials of the Bilopolskiy district, gave bribes to the heads of some election commissions of the district”.
The journalists of “Obkom” point out that the accused is a deputy of the Sumy town council, close to ex-governor of the Sumy region Volodymir Shcherban, and was No. 41 in the election list of Viktor Yushchenkos bloc “Our Ukraine” at the election-2002.
“Similar facts were disclosed in the Shostka district, where the case was also started, and the sum of money, distributed among the commission members, was more than 320 thousand hryvnas”.
According to Gorbans words, about 160 thousand hryvnas were given out in the Yampolskiy, Trostianetskiy and Burynskiy districts.
“This is all, what has been proved until today. If to sum up all that, one can see that more than one million hryvnas was spent in the region for bribing of heads and members of election commissions”, stated Gorban.
21 June 2005
Investigation of cases, instituted after the facts of crimes committed in the course of presidential election campaign, continues
The press service of the General Prosecutors office of Ukraine has communicated to LIGABiznesInform that the bulletins, issued to the mentioned persons, were used on 21 November 2004 at the election station situated in this detention center.
21 June 2005
Court condemned violators to 3 and 4 years of incarceration with the probation term
Ukrainski Novyny got this information from the press-service of the prosecutors office of Kyiv.
According to this information, the condemned confessed to the repeated use of the off-list tickets and of voting for several times at different election stations of Kyiv. In the course of consideration of the case they told that they had got 50-100 hryvnas for the repeated voting.
The Kyiv prosecutors office informed Ukrainski Novyny that one of the accused was condemned to 3 years of deprivation of liberty, two others – to 4 years (all of them with the two-year probation term), and one more woman, connected with the case, was condemned to the fine of 850 hryvnas.
The agency has already informed that the court of the Tokmakskiy district of the Zaporozhye region condemned 9 dwellers of Tokmak to three years of incarceration with the probation term of 1 year for voting with false off-list tickets during the election of the President in 2004.
The General Prosecutors office stated about institution of more than 700 criminal cases after the facts of violations during the Presidential election-2004.
7 June 2005
Three more officials-falsifiers were unmasked in the Nikolayev region
A criminal case has been instituted in the Nikolayev region in connection with the crimes envisaged by part 1 of Article 364 and part 2 of Article 158 of the Criminal Code of Ukraine (misuse of power or service status, illegal use of election bulletins, forgery of election documents, incorrect calculation of votes or incorrect announcement of the results of election) against two officials of the Nikolayev regional state administration and an official of the Oktiabrsky district state administration.
In November 2004, during the election of the President of Ukraine, they organized two groups consisting of the dwellers of the regional center. The groups included 33 persons, who traveled in microbuses around the Oktiabrsky district of the region and voted with false off-list tickets.
Moreover, during the conduction of the run-off election of the President of Ukraine, the head of a department of the Nikolayev regional state administration organized falsification of the results of the election at nine election stations of territorial election circuit No. 133 with false off-list tickets, for which the drivers and transport of the Vradivsky district state administration were used.
In connection with the latter fact the criminal case has been instituted after the crime envisaged by part 2 of Article 158 of the CC of Ukraine.
PR-department of the Ministry of Interior of Ukraine
7 June 2005, 11:13
From 2 to 8 criminal cases on violations of electoral right are started every day in the Donetsk region
The cases mainly concern the members of election commissions, who are directly connected with the disclosed violations. It is possible that the accusations will be presented also to the persons, who have ruled this process. Mykhaylo Kliuev, the head of the regional militia department, says that they will not persecute anybody because of “political motives”. “Our main task is to demonstrate that nobody can use such methods in the course of elections. Besides, nobody has thought before that it is possible to appeal against the election results”.
By the way, even the Donetsk dwellers, which voted for the pro-power candidate, paid their attention to the violations during the past election. Since only a blind man could not notice that the heated support of the “only candidate” was too demonstrative. For example, about 10 facts of falsification and use of the votes of dead people are now investigated in circuit No. 44 (Donetsk). In the provinces: in Artemovsk, Vugledar and Slovyansk, the law-enforcers work with the so-called “roundabouts”. The cases investigated in Vugledar confirm that sometimes the faked bulletins were used not less frequently than the real ones. For instance, at election station No. 23 of the 62nd circuit 59 such bulletins were given out. At that it is not difficult to guess that all these bulletins were filled in favor of the candidate, who later complained that his rival allegedly “stole” his victory.
Almost all cases have been started after Article 158 of the Criminal Code of Ukraine (illegal use of election bulletins, falsification of documents, incorrect calculation of votes), which envisage responsibility in the form of deprivation of liberty for the term from 3 to 8 years. Besides, the punishment may have the form of deprivation of the right to occupy certain posts, which, probably, is very important for a number of functioning Donetsk authorities, who have patronized this mendacious election.
7 June 2005
Freedom of expression
Situation with mass media has improved
In particular, the IMI fixed noticeable progress in investigation of criminal cases connected with the crimes against journalists, first of all, the case on Gongadzes murder.
At the same time, Taran stated that the number of new violations against mass media and journalists had decreased. “In 2004 we fixed 48 attacks on journalists, which meant that the attacks were committed almost every week, and during five months of the current years only five attacks on journalists have been registered”.
By the information of the IMI, last year only two facts of attacks aimed at intimidation of journalists ended with trials against the attackers. This year law-enforcing organs, as a rule, react to the complaints of journalists, although the investigation of the cases, started this year, is still lasting.
During 2005 the IMI has not fixed any facts of detention or arrest of journalists in Ukraine. One of Ukrainian journalists of the TV channel “5 kanal” was detained in Uzbekistan. “In 2004 we observed 8 facts of detention and arrests of journalists in Ukraine”, said Taran.
As to the political and economic pressure on journalists, Taran says, there were 60 such cases, and most of them were connected with the election campaign.
This year 5 such cases were fixed, mainly they were connected with the replacement of power in regions – coercive dismissal of heads of state and communal mass media, as well as policy of new leaders of regions and districts regarding the opposition press.
By words of Taran, there were 52 cases of hindering journalists professional activities in 2004 (27 cases in 2003), in particular 29 of them – refusal to give accreditation and impediment to distribution of newspapers or their concrete issues with the information undesirable to the authorities.
In 2005 9 facts of impediment to journalists activities were observed, but these cases were not a display of censorship, but a result of “technical reasons”.
By the words of Taran, in 2004 190 suits were handed against mass media and journalists, 11 of them were handed by political figures and top officials. Only one of 5 actions, handed this year, was brought by a state organ, namely by the tax militia of the Dzerzhinskiy district of Kharkiv against the newspaper “Piatnitsa”.
The IMI also points out the new tendency, when journalists and mass media win the cases against them. Two cases lost by President Yushchenko were adduced as an example: against the newspaper “7 dniv” and Ganna German, the former press secretary of Yanukovich, as well as the claim of the General Prosecutors office against the TV channel “NTN” and the suit against a Rivne newspaper lost by governor Chervony.
Taran said that the main problem of the power regarding mass media was the absence of proper reaction to critical statements of journalists, lack of the professional comments on socially important problems in Ukraine.
Access to information
Operation “For printing!”
The Alliance “Maydan” continues its action for declassification (publication) of normative-legal acts concealed under various restricting classifications.
In the framework of the committee hearings, organized by the Supreme Council committee on legal policy, the work group in charge of questions of access to information (with participation of representatives of the Alliance “Maydan”) prepared corresponding recommendations. The recommendations were agreed and passed to the Committee. Now the draft is prepared of the Resolution of the Supreme Council of Ukraine on taking into account of the recommendations.
In what follows we present the text of these recommendations.
Recommendations prepared by the participants of the work group in charge of questions of access to information:
1. To the Supreme Council of Ukraine:
To consider the introduction of changes into the Civil-Procedural Code, Criminal-Procedural Code and Economic-Procedural Code providing the possibility of the access to court decisions not only for the sides in the case, but for any interested person.
Protection of the commercial secrets in economic and civil proceedings must be provided by way of handing proper petitions during consideration of cases.
To regulate in legislation the procedure of the access of advocate to state secrets in case of realization by him of defense from criminal accusation.
To reconsider the norms of Article 15 of the Law of Ukraine “On state secrets” in order to envisage classification only of the texts containing state secrets, but not the documents as a whole.
To envisage the function of control by ombudsperson over the observance of individuals right for the access to information with the aim to make impossible the illegal concealment of information. The decisions of ombudsperson on declassification of information must be obligatory for fulfillment.
Conclusions of the Supreme Council committees concerning law drafts must be published on the website of the Supreme Council of Ukraine.
Information on the activities of all committees of the Supreme Council of Ukraine must be accessible on the website of the Supreme Council of Ukraine.
Conclusions on law drafts, which are officially directed for international expertise, must be made public.
To consider the possibility of introduction of changes into the Law of Ukraine “On ombudsperson”.
2. To the Calculation Chamber of Ukraine:
To place, in proper time, on its website the information on the results of all checks realized by it. The information about the reaction of power organs to the published reports must be also accessible.
3. To ombudsperson of Ukraine:
To place on the website the electronic blank for citizens appeals. To publish regularly the information on reaction of the ombudsperson to the appeals.
4. To the Cabinet of Ministers of Ukraine:
To prepare and present for consideration of the Supreme Council new version of the Law of Ukraine “On information”. In particular, this law must:
Envisage publication of all court decisions in Ukraine by means of creation of unified state database with open access through the Internet and with the search system. Restrict publication of only that parts of the decisions, which contain the information considered at closed court sitting in on the grounds stipulated by law. Establish possible restrictions in interests of protection of privacy of the participants of legal proceedings.
Envisage the special type of information with the restricted access – “service secret” (instead of “confidential information owned by state”), which will have classification “for service use only”, create the open register of such documents. To establish direct prohibition of restricting classifications, which are not stipulated by law. All questions connected with use of this restricting classification must be regulated in the law draft “On service secrets”.
Determine the maximal term for reconsideration of all informational materials, which contain service secrets. Form the complete list of such informational items (except the drafts of decisions), which should be accessible for public. After this term all information not included into the list of service secrets must be regarded as open.
Envisage creation of state registers of all documents with open access disposed by the organs of state power and local self-government. Determine the amount of information rendered by the organs of state power free of charge and the information, which imply the compensation on the side of the subject of informational request or return of the expenses for copying of the materials.
5. To state tax administration:
To guarantee publication of all official explanations.
To analyze international experience, in particular the experience of the countries-members of the European Union and Council of Europe on providing the access of public to information.
To realize educational programs for state servants concerning the provisions of the Orgus Convention on the access to information, participation of the community in the process of taking decisions and access to justice in ecological questions.
To conduct educational actions for workers of press-services and PR-departments concerning proper realization of citizens right for the access to information and the opportune rendering of informational services.
6. To State Court Administration:
To create the unified state database with open access through the Internet.
To publish, in particular on the website, the letters-explanations of the Supreme Court of Ukraine and the Supreme Economic Court of Ukraine, as well as Legal positions of the Supreme Court of Ukraine.
To envisage, in the state program of computerization of courts, the improvement of court management with automatized appointment of cases for consideration, creation of websites of Ukrainian courts with information about the cases appointed for consideration.
7. To the Constitutional Court of Ukraine:
To place on the website not only court decisions, but also procedural resolutions and resolutions on rejection.
8. To the President of Ukraine:
To cancel the illegal classifications of all normative-legal acts, such as “not for printing”, “not for publishing”, etc.
To abolish Decree of the President of Ukraine No. 493 of 21 May 1998 “On introduction of changes into some Presidents decrees on questions of state registration of normative-legal acts”.
9. To the General Prosecutors office of Ukraine:
To register all normative-legal acts of the prosecutors office in the Ministry of Justice of Ukraine.
To create the open register of all normative acts of the prosecutors office and the open database of the normative acts concerning rights and duties of citizens.
10. To the organs of local self-government:
To create the conditions for familiarization of members of territorial communities with all decisions of the organs of local self-government (in most efficient way depending on the conditions). Where it is possible, to create the websites of the organs of local self-government with the obligatory placement on these sites of the complete register and texts of all approved decisions.
To provide publication and access in the open regime to all decisions of local administrations (on the level of regions and Cities of Kyiv and Sevastopol).
30 May 2005
Freedom of peaceful assembly
Forbidden to forbid!
In particular, the draft envisages the prohibition to conduct pickets and meetings less than 25 meters from the buildings of state secretariat (Presidents administration), the Supreme Council and Kyiv city administration.
The institute “Respublika” reminds that Article 39 of the Constitution, which guarantees realization in Ukraine of the right for peaceful assemblies, does not envisage any restrictions of this right either in place or in time, so establishment of any limiting lines around the buildings of state organs, which more frequently are the objects of picketing, is a violation of constitutional norms. Besides, it should be advisable to recollect that these were pickets near the buildings of top state organs, which became one of the most efficient factors of the victory of the “orange revolution”.
Such norm concerning spatial restriction of the right for peaceful assemblies, together with other restrictions, contained in the law draft, which was presented to the Parliament in 2004; deputy Udovenko was one of the authors of this draft. Then the Supreme Council did not approve the law draft. We hope that this time the draft containing the restrictions of the fundamental human rights also will not become a law.
More detailed information on law drafts concerning the freedom of peaceful assemblies can be found on the RUPOR site.
Kyiv mayor violates the right of citizens for peaceful assemblies
The Forum of salvation of Kyiv and the Ukrainian peoples party are alarmed at the fact that Kyiv mayor Oleksandr Omelchenko is not criticized in Ukrainian mass media and have decided to correct the situation. They criticized the actions of the mayor concerning building in the city and turned to him with the demand to leave his post. They also believe that he was a direct organizer of the bloody events that took place near the building of the Kyiv city state administration on 30 April and resulted in the arrest of Vitaliy Cherniakhovskiy, the leader of the Forum of salvation of Kyiv on 14 May.
By words of Vitaliy Cherniakhovskiy, on 13 April he handed the application for the permission to conduct a meeting of protest on 14 April-31 July near the building of the city administration. Members of the Forum of salvation of Kyiv, Ukrainian peoples party and Coalition of Participants of the Orange Revolution (CPOR) took part in the action. Several tents were erected near the Kyiv city administration, but in several days several tents of Oleksandr Omelchenkos supporters appeared between the building of the administration and the tent camp. On 30 April, at 5:30 a.m., the camp was attacked by strangers. The eyewitnesses told that about 70 guys appeared suddenly from the direction of the Central department store; they passed through the camp with knifes, bringing down the tents. After that they approached to the tents of Omelchenkos supporters, took out plastic sticks and attacked the participants of the action. Members of the CPOR, whose number was twice less, resisted to the attackers. Naturally, there were victims among the participants of the action, several persons were transported to a hospital with broken heads, fractures and wounds. One can see on the video record, which was made during the incident, that militia did not interfere and did not take any measures to establish order; moreover, some militiamen were obviously on the side of the attackers. The order was introduced by the team of a patrol car, which appeared near. The patrolmen interfered and helped to bind the attackers. 14 persons were transported to militia station. They affirmed that they were returning from a discotheque, and when they passed through the tent camp, they were attacked by armed people from the tents. Yet, the witnesses and videocassette evidenced quite other things. So, the attackers were brought to responsibility. It is interesting that five of 14 persons have given a written undertaking not to leave a place, three are held in custody until now, and nobody knows what has happened to the others. As to the indifferent militiamen, representatives of the press-center of the militia department of Kyiv confirmed the information that on the same day five militiamen had been dismissed from law-enforcing organs.
Cherniakhovskiy is sure that the attackers are the members of the Ukrainian national Assembly or were hired by the members of this organization. It also became known that several days before the attack Eduard Kovalenko, the head of the UNA, visited the tent camp and proposed money to the boys from the CPOR for liquidation of their camp.
Cherniakhovskiy believes that the attack was ordered by the mayor of Kyiv, since he could not remove the tents from the building of the Kyiv city administration in legal way. Vitaliy Cherniakhovskiy made this declaration at the press conference in the UNIAN, which was conducted on 19 May at 15:00. Cherniakhovskiy became the hero of news headlines on 14 May, when he was literally carried into the building of the Kyiv city administration by two militiamen. He was accused of petty hooliganism and spoilage of state property. This was caused by the fact that during the action for the protection of stray animals the Forum of salvation of Kyiv launched its picket, and the local power took fright at appearance of new tents (the old one had been already destroyed) and decided to “deactivate”, with the help of militia, the main ideological leader. They hoped that after that the frightened people would voluntarily leave the place of the action. At first they tried to negotiate with Vitaliy and to persuade him to take away the people. Yet, when Cherniakhovskiy wrote with marker “It is all up with Omelia” on the banner of Eurovision, the militiamen understood that the situation went beyond control and it was time to act. After Cherniakhovskiy was carried in the building of the city administration, his friends did not see him and knew nothing about him for several hours. Later it became known that he had been transported to the Shevchenkivskiy district court, after which the Ukrainian Helsinki Union sent advocate to him, and consideration of the case was postponed for several days.
It also became known that Oleksandr Omelchenko tried to prohibit, through court, the building of small architectural constructions near the walls of his residence, but, according to the information of the UNP, he could prohibit that only to the Ukrainian peoples party. Yet, Cherniakhovskiy, being a deputy, had personal permission approved by the city administration, on the basis of which his associates acted.
Volodymir Grekov, one of the members of the Forum of salvation of Kyiv, said at a press conference that Omelchenko had taken the extreme measures, since he disliked this organization and its activities. However, V. Grekov believes that Omelchenko is not absolutely good-for-nothing person. He said: “When mayors face distorts at the words “Forum of salvation of Kyiv”, this happens only because of remorse”. The participants of the conference hope that Yuri Lutsenko, Yulia Timoshenko and Viktor Yushchenko, who almost nurtured the young people that took part in the Orange revolution and supported the picketing of the Kyiv city administration, would hear and endorse the voice of people on the arbitrary actions of the Kyiv mayor, the mayors conscience would wake up, and he would resign on his own wish.
Unfortunately, we have not managed to contact with the press-service of Oleksandr Omelchenko and get the commentary on this incident, so we have the information only from one side.
20 May 2005
Law-enforcing organs, courts, penitentiary organs and other power organs live for charitable contributions, that is official bribes
An interesting paradox situation has formed in Ukraine, when bribery among officials is tightly connected with the official “bribery” of power organs in the form of getting charitable contributions for their special funds. It is also interesting that the sum of the bribes obtained by officials is included in their income and is taxed by the rate of 13% according to the law about taxing of citizens income. At the same time, the “bribes” received by power organs are not taxed and their use is usually not controlled because these are not costs of the state budget.
Thus the usual scheme is observed, when a power organ recommends to pay a charitable contribution to its special fund for the fulfillment or non-fulfillment of some actions in the competence of this organ.
Moreover, neither the Control-revision department nor the Calculation chamber of Ukraine control the ways of use of these funds, since formally this money does not belong to the costs of the state budget, so the law does not regulate its use and responsibility for the improper use.
However, the Calculation chamber established the amount of these funds and it appeared that sometimes such contributions formed the noticeable part of the total financing of the power organs from budget.
For example, as a result of check of the fulfillment of state budget-2004 the Calculation chamber of Ukraine drew the conclusion that every year round sums of money and material values, in the form of “charitable contributions”, presents, grants and financial aid, are passed to the accounts of ministries, agencies, organs subordinated to them, as well as to various “charity agencies” created by them.
According to the reports of the State Treasury, in 2004 the Ministry of Interior obtained 229.4 million hryvnas of such costs, the Ministry of education and science – 100.9 million hryvnas, Ministry of health protection – 56.8 million hryvnas, Academy of medical sciences – 49.2 million hryvnas, State department of penitentiaries – 27.6 million hryvnas. The expenditures of some main managers of budget costs at the expense of such funds were from 42 to 98% of the amount of special funds appointed for them. So, the State court administration reported in 2004 on the expenditures at the expense of the obtained grants, presents and sums for the fulfillment of concrete errands to the sum of 8.5 million hryvnas, that is 92.3% of the total expenditures of the special fund, the General Prosecutors office – 20.3 million hryvnas or 96.5%, Administration of the state frontier service – 20.3 million hryvnas or 64.3%, Academy of medical sciences – 49.2 million hryvnas or 65.3%, State custom service – 7.1 million hryvnas or 49.4%.
According to part 1 of Article 130 of the Constitution of Ukraine, the state provides financing and proper conditions for functioning of courts. The list of authorities of local and appeal courts, established by Articles 22 and 26 of Law of Ukraine “On judicial system of Ukraine” No. 3018-III of 7 February 2002, is exhaustive and does not envisage obtaining by courts of aid from other organizations in any form, as well as disposal of such aid. Yet, contrary to the demands of the operating laws, during 2004 general and specialized courts obtained 7.5 million hryvnas of charitable aid.
It is obvious that the state budget allots the sums, which do not conform to the real expenditures of the power organs. For instance, courts are financed for about 50% of their real needs. However, by the data of the Calculation chamber, the power organs regularly use irrationally or illegally the state means allotted to them.
For example, according to the results of the check conducted by the Calculation chamber, the system of use of budget and material-technical resources, introduced by the State department of penitentiaries, was uneconomical, unprofitable and not transparent. The budget means in the sum of 150.8 million hryvnas, assigned for development and improvement of the system, in 2004 were mainly spent for the support of its vital functions. In spite of the deficit of 5018 places in investigatory isolation wards, none of 1250 planned places were created in 2004. The Department ineffectively spent 9 million hryvnas of budget allocation. In particular, the cost of the uncompleted constructions of the industrial objects to the sum of 3.8 million hryvnas was written off, 4.6 million hryvnas were expended for long lasting building, 0.1 million – for salaries of the staff of the weekly “Zakon i obovyazok”, 0.5 million hryvnas – for purchase of the production at too high prices through the company “Departamentservis”.
As a result of inefficient management of the production activity, the financial state of enterprises of penitentiary establishments is unsatisfactory. The measures for development of industry, new types of production, modernization and monitoring of situation at the market of the production made by the enterprises were realized improperly for many years. As a result of non-fulfillment by administration of the enterprises for more than 9 years of the demands of subitem 7 of item 1 of resolution of the Cabinet of Ministers of Ukraine No. 352 of 4 June 1994 concerning the creation of vacancies for employment of every convict and providing him with job sufficient for compensation of the worth of his upkeep, in 2004 the deficiency of income to the special fund was not less than 233 million hryvnas.
As a result of irrational use of available labor resources, more than 3000 representatives of the criminal-penitentiary system worked at the enterprises, which were not penitentiary establishments. The posts occupied by them were not connected with the activities of the organs and establishments of penitentiary system, so had to be staffed with civilians. According to the operating laws, these persons and members of their families obtained certain privileges, in particular, the right of free use of all kinds of city public transport, the 50% allowance for rent, payment for communal services, fuel, etc. The work of such persons at enterprises of the Department resulted to the irrational use of budget costs because of rendering them the privileges, as well as gratuitous distribution of material property to the sum of 164.2 thousand hryvnas and paid pensions to the sum of 277.4 thousand hryvnas.
It is obvious that citizens pay in such charitable contributions for certain activity or passivity of these organs. Such officially established system of state bribing is inadmissible, and its liquidation should become the first step toward extermination of corruption in our country.RUPOR
Actions of law-enforcers during the soccer match “Dynamo” (Kyiv) – “Shakhtar” (Donetsk) were lawful
Recently one of the Internet editions has published the information that during the soccer final match of the Cup of Ukraine between the teams “Dynamo” (Kyiv) and “Shakhtar” (Donetsk) law-enforcers resorted to illegitimate actions. The author of the publication believes that militiamen detained the fans, which came to the match, without any legal grounds.
By order of the top officers of the Ministry of Interior a thorough service check of this fact was conducted. It appeared that the events developed as follows.
On 29 May 2005, at 14:30, representatives of the public organization “Fan-club of the soccer club “Dynamo” (Kyiv)” started to gather near the stadium named after V. Lobanovskiy. After an hour the number of fans was almost 500. At 15:40 they formed the column and went to the stadium. Going to the national sport complex “Olimpiyskiy” along central streets and squares, they partially blocked the vehicular traffic in following direction.
It should be pointed out that the protection of public order during such events is realized in compliance with item 37 of “Order of provision of public order during the conduction of soccer matches” (Order, in what follows) No. 823 approved by the Cabinet of Ministers of Ukraine on 29 June 2004. This Order was elaborated in accordance with the European Convention on violence and improper behavior of viewers during sport actions, ratified by Law of Ukraine No. 2791-III of 15 November 2001.
Being guided by this document, the militia officers realized the preliminary visual examination of viewers at the entrance to the stadium for prevention of bringing of the forbidden things (item 42 of the Order).
Besides, the law-enforcers, jointly with the workers of the stadium, organized the spot examination and check of personal things of the viewers (item 43) during their passing to the stands. Such measures were taken with the aim of prevention of bringing to the stadium of the objects, which could be used for breach of public order and safety. These rules concerned alcoholic and soft drinks in glass bottles, weapons and pyrotechnics, as well as prevention of passing to the stadium of the persons, known as offenders of public order, and drunken people. In particular, representatives of the “Dynamo” fan-club, who stayed in the 11th sector, used bad language, lighted the homemade pyrotechnics and threw it into neighboring sectors. The “fans” ignored the reprimands of law-enforcers.
The officers of the special squad “Berkut” of the Kyiv department of the Ministry of Interior, whose service duty consisted in counteraction to prevocational deeds of the viewers and opportune interference in the course of events, following Article 13 of the Law of Ukraine “On militia” detained 30 fans for violation of public order and resistance to the legal actions of militia.
On the basis of the materials on commitment of administrative offences by 13 detained, among which there were inhabitants of Kyiv, the Kyiv region, Donetsk and Lviv, the court took the decision on administrative arrest.
During the superficial search of two minor detained (by the way, girls from Kyiv), three packages with a specific smell wrapped in newspapers and bound with scotch were found in their bags. The girls explained that these objects had been put to their bags by unknown persons on the territory of the sport complex “Olimpiyskiy”. The expert examination, conducted by the scientific center of forensic expertise of the militia department of Kyiv, ascertained that the packages contained a homemade explosive: pyrotechnical mixture consisting of oxidant and inflammable element. In this connection the Pecherskiy district militia station instituted criminal case No. 06-5437 of 7 June 2005 according to Article 263 of the Criminal Code of Ukraine.
The service check did not confirm the statement that the militiamen violated the operating law by their actions. The information on the allegedly existing order about the beating of fans was not confirmed too.
As regards the statement of the author of the publication that after the end of the match he was detained for 1.5 hours, recorded on video camera and interrogated about his personal data, the actions of militia officers were lawful, since, according to Article 11 of the Law of Ukraine “On militia” militia has the right:
- to detain the persons, who have committed administrative offences, for compilation of protocol or consideration of the case per se, if the question can be solved on the spot, for the term up to three hours;
- to make video and audio records as a subsidiary method of prevention of illegitimate actions and investigation of offences;
- to reveal and register the persons, who are liable to the preventive influence on the basis of the procedure envisaged by law, to issue the official warning to them on inadmissibility of unlawful behavior;
- to compile protocols on administrative offences, to conduct personal search and examination of things, to seize things and documents, to take other legal measures for provision of the proceedings in the cases on administrative offences.
Representatives of the Kyiv city department of the Ministry of Interior clarified to the administration of the soccer club “Dynamo” (Kyiv) and public organization “Fan-club of the soccer club “Dynamo” (Kyiv)” the provisions of normative-legal acts concerning the questions of conduction of soccer matches and responsibility for offences.
PR department of the Ministry of Interior of Ukraine
“Prava ludyny” commentary: The response of the PR department of the Ministry of Interior of Ukraine evidences that the priority task of the Ministry of Interior is protection of its reputation, but not the analysis of the incident and development of measures for prevention of such cases in future.
First of all, this response does not answer the questions put in the letter. In particular, the questions for what the personal data were collected about the persons, which came to the concrete sector of the stadium, how these data would be used in future, why it was prohibited to bring water in plastic bottles, etc.
The only reaction to the statement about brutal treatment of the detained by the “Berkut” officers and disproportionate application of force was the formal reply that “service check did not confirm the statement that the militiamen violated the operating law by their actions”.
So, what the operating laws read? Part 4 of Article 12 of the Law of Ukraine “On militia” states: “In case of impossibility to avoid the application of force, militia must not exceed the measure needed for execution of the duties imposed on militia, and the opportunity of infliction of damage to health of the offenders and other citizens must be minimized. If damage is inflicted, militia must guarantee the necessary aid to the victims as soon as possible”. It is interesting, whether this norm was observed.
In our opinion, one can hardly regard the detention for two hours of all viewers present in the 11th sector (absolutely groundless for the majority of them, as it follows from the response) and further fixation of their personal data on videocassette as the actions that meet the task of forming of new image of militia.“Prava ludyny” editorial board
Ukrainian Helsinki Union of human rights: Open letter to the Minister of Interior
To Minister of Interior Yu. Lutsenko
Mass media communicated the information about the “specific” behavior of special militia squad “Berkut” after the end of soccer match “Dynamo” – “Shakhtar” on 29 May 2005 in Kyiv. We also have personal evidences of the victims of unlawful actions of militia. Yet, since video record of all present was made, and their names were written down, they have agreed to give only anonymous testimonies.
In our opinion, officers of the special squad “Berkut” committed the following violations of human rights:
- illegal detention during 2 hours of fans from sector No. 11 (about 1000 persons) after the end of the match;
- in spite of the 35-degree heat, the people could not leave the militia encirclement and drink water;
- brutal treatment of the detained by “Berkut” officers;
- violation of the right for privacy in the form of coercive video recording with mentioning of the names and surnames (this was the only possible way to leave the sector, which was encircled by militiamen);
- forcible actions of militia, disproportionate to the danger to public order;
The majority of militia officers did not answer the questions about the reasons of such measures, but some of them explained that the reason was two smoke cartridges, blown up by the unknown persons. The fans believe that the intensified safety measures for protection of public order during the recent match “Dynamo” – “Shakhtar” have been excessive. They reckon that the quantity of militiamen on the stadium on 29 May “was absurd”, in particular because “such great number of militiamen created tension on the stadium”. At the same time the fans cannot understand “why, at the air temperature of 35 degree Celsius, it was forbidden to viewers to bring water in plastic bottles”.
It should be noted that at other mass happenings (concerts, festivals, etc.) the actions of militia are quite other and this in no way increases the danger to public order. That is why such actions of law-enforcers at soccer matches are ungrounded. The participants of the press conference pointed out that if the militiamen wanted to guarantee order on stadiums during soccer matches, then “it would be advisable to prohibit to come to stadiums at all and the question of struggle with offences would be solved once and for all”.
Other important question is for what the law-enforcers collected personal data about all viewers of the concrete sector, and how these data will be used in future.
The initiative group of has fans prepared, by their words, a number of documents, which contain the appeal to the commandment of the Ministry of Interior with the proposition to regulate the question of admittance of fans to stadiums and the control over their behavior. As far as we know, this situation is not unique and systematically repeats on different stadiums at different time. So, we are sure that the Ministry of Interior should analyze more thoroughly the cases of application of physical force and detention of viewers during soccer matches, and to carry out the appropriate measures in order to prevent the mentioned violations of human rights by militiamen.
Besides, it is necessary to reconsider cardinally the practice of use of special militia squads in the situations that do not represent substantial danger to public order, and to use these squads only in emergency situations, when the direct danger to peoples life exists. This is also confirmed by the fact that the actions of officers of special squads are, as a rule, disproportionate from the viewpoint of protection of public safety and order, and in most cases are carried out with the excessive application of force.
In our opinion, militia must guarantee the public order on stadiums, but not fight against fans, a priori regarding them as breakers of order. Such biased attitude to the fans distinguishes Ukrainian law-enforcers from their colleagues in the countries of the European Union.
Evhen Zakharov, the Head of the Board of the Ukrainian Helsinki Union of human rights
Volodymir Yavorskiy, Chief Executive of the Ukrainian Helsinki Union of human rights
13 June 2005
Rights of women prisoners are being violated in Chernihiv Penal Colony No. 44
The town prosecutors office gives contradictory responses to the requests of the Chernigiv public committee of human rights protection, and the State Department of Penitentiaries of Ukraine refers to the legal indetermination of the order of serving.
Since December 2004 the Chernigiv public committee of human rights protection regularly turns to the State Department of Penitentiaries of Ukraine, its territorial department in the Chernigiv region, administration of the Chernigiv reformative colony No. 44, the General Prosecutors office of Ukraine and the town prosecutors office of Chernigiv in connection with the information that since 1 January 2004 (the date of coming into effect of new Criminal-Executive Code of Ukraine) the rights of women condemned to life imprisonment are violated.
The General Prosecutors office of Ukraine, which, according to Article 5 of the Law of Ukraine “On prosecutors office” and Article 22 of the Criminal-Executive Code of Ukraine, realizes supervision over the observance of laws at execution of court decisions on criminal cases and over the observance of laws at execution of criminal punishment in penitentiary organs and establishments, has not responded to our requests, and out letters have been sent to the State Department of Penitentiaries of Ukraine.
The prosecutors office of Chernigiv gave the answers, which were mutually contradictory.
The State Department of Penitentiaries of Ukraine demonstrated formal attitude to consideration of our requests concerning violations of the rights of women condemned to life imprisonment, referring to the legal indetermination of the order of service of punishment by this category of the condemned.
We cannot agree with such statements, since, in our opinion, the operating Criminal-Executive Code distinctly regulates the order of execution and service of sentence of this category of the condemned, as well as their legal status. The norms of the Criminal-Executive Code of Ukraine read the following:
1. The women condemned to life imprisonment serve their sentence in the reforming colonies of minimal and medium levels of safety (Article 18 of the CEC of Ukraine).
2. In the colonies of medium level of safety the women are kept, who were condemned to punishment in the form of life imprisonment, and the women, whose punishment in the form of death penalty and life imprisonment was replaced by deprivation of liberty for certain term in the framework of pardon or amnesty.
3. According to the operating law (Article 94 of the CEC of Ukraine) the following sectors are created in the colonies of medium level of safety:
- of quarantine, diagnostics and distribution;
- of resocialization;
- of intensive control;
- of social rehabilitation.
4. In accordance with the demands of part 4 of Article 94 of the Criminal-Executive Code of Ukraine, the women condemned to life imprisonment and women, whose punishment in the form of death penalty and life imprisonment was replaced by deprivation of liberty for certain term in the framework of pardon or amnesty, after stay in the sector of quarantine, diagnostics and distribution, must be passed to the sector of intensive control, taking into account the level of social danger of the crimes committed by them, criminal infectiousness of their personality and their social-pedagogical abandonment.
5. In the sector of intensive control of a reforming colony of medium level of safety the regime is established, which is provided for the upkeep of the incarcerated in reforming colonies with maximal level of safety (part 1 of Article 97 of the CEC of Ukraine). Since part 1 of Article 97 of the CEC of Ukraine is reference one by the method of stating of legal norms, then, proceeding from the contents of part 1 of Article 140 of the CEC of Ukraine, the regime of strict isolation is stipulated for women, who are kept on the medium level of safety, they can stay in usual living quarters and rooms of the cell type.
6. According to Article 139 of the CEC of Ukraine, in the reforming colonies of medium level of safety the condemned have the right:
- to spend for purchase of food and goods of first necessity the money earned in the reforming colony in sum up to 80% of the minimal wages every month;
- to get one short-term meeting per month and one long-term meeting one time every three months;
- to receive 6 parcels and 4 postal wrappers per year.
7. Part 2 of Article 140 determines the amount of rights of women, who serve their punishment on the medium level of safety and are kept in the sections of intensive control.
8. They have the right:
- to spend for purchase of food and goods of first necessity the money earned in the reforming colony in sum up to 70% of the minimal wages every month;
- to get one short-term meeting per month and one long-term meeting one time every three months;
- to receive 5 parcels and 2 postal wrappers per year;
- every day they have a 1-hour walk.
Before coming into effect of new CEC of Ukraine, that is before 1 January 2004, administration of the Chernigiv reformative colony No. 44 was guided in its activities for organization of execution of punishment in the form of life imprisonment by Order of the State Department of Penitentiaries of Ukraine No. 65 of 14 April 2001, which regulated the legal status of the imprisoned for life. The convicts had the right for everyday work for one hour, short-term meeting one time per six months, the right to receive 1 parcel and 2 wrappers per year, etc.
Since 1 January 2004, after coming into effect of the Criminal-Executive Code of Ukraine, the rule of Chapter 22 “Order and conditions of execution and service of sentence in the form of life imprisonment” is applied to the women condemned to life imprisonment. It is seen from the analysis of Article 150 of the CEC that it concerns the male convicts, and the application of the provisions of Article 151 of the CEC of Ukraine to the condemned women, whose punishment in the form of death penalty and life imprisonment was replaced by deprivation of liberty for certain term in the framework of pardon or amnesty, narrows the circle of legal rights of this category of the condemned women, which rights follow from the contents of item 1, paragraph 2, part 4 of Article 94, part 1 of Article 97, Article 139 and item 1, paragraph 1, part 2 of Article 140. Since 1 January 2004 the violations have been observed of rights and legal interests of women condemned to life imprisonment and women, whose punishment in the form of death penalty and life imprisonment was replaced by deprivation of liberty for certain term in the framework of pardon or amnesty, which rights and interests are stipulated by the Criminal-Executive Code of Ukraine.
The women condemned to life imprisonment and women, whose punishment in the form of death penalty and life imprisonment was replaced by deprivation of liberty for certain term in the framework of pardon or amnesty, do not get the long-term meetings without any legal grounds, the sum of money for purchase of food and goods of first necessity is shortened, as well as the number of parcels. The women must wear clothes of special type, they stay in cells in twos, they move outside cells only in handcuffs, which violates Article 3 of the European Convention on the protection of human rights and fundamental freedoms and entail the legal consequences for the Ukrainian state. Moreover, Ludmila Tyshkovets, who is kept in isolation since 17 September 1997, is ill of TB and still stays in a room of cell type. Psychical health of condemned Lubov Sachenko (serves her term since 19 January 1994) demands, in our opinion, interference of medics. We want to turn your attention to the problem of upkeep of women condemned to life imprisonment and women, whose punishment in the form of death penalty and life imprisonment was replaced by deprivation of liberty for certain term in the framework of pardon or amnesty.
Whether fair punishment of a criminal may be considered as a political repression?
The problem always appears at the time of change of power: how the representatives of new power would treat the representatives of old power? It is quite natural. Depending on this attitude one can understand what has replaced what.
So, new power, which wants to be progressive, in contrast to the old one, must be guided by the progressive doctrine in its attitude to old power.
The change of power in Ukraine took place thanks to the Orange revolution, which was an anti-criminal revolution. The people came out to the revolutionary Maydan with the slogan “Criminals must be punished!”
The revolutionary situation in Ukraine in 2004 emerged as a result of exacerbation of the class struggle between two social classes: the class of criminals and class of not-criminals.
The class of criminals managed to turn the state into a tool of criminal exploitation of not-criminals. One of features of criminal exploitation was, in particular, corruption, which, most of all, inflicted damage to not-criminals.
The wealth, which had to belong to not-criminals got, in the corruption way, to the hands of criminals, who used the means of the state for legalization of illegally obtained riches. At that, since the organs of criminal justice were corrupted too, they could state cynically: our riches were obtained in a legal way, because these organs did not acknowledge us to be criminals (according to the principle “innocent until proven guilty”). The state got to the hands of criminals and became a tool for legalization of criminal actions. It was possible to commit any crime, masking it with the help of state mechanisms. For instance, the murder of journalist Georgiy Gongadze, or plundering of the Black Sea steamship company, or falsification of election on any level.
It is quite natural that the people, being tired of criminal arbitrariness, passed the power to the political opposition with the hope for decriminalization of the state.
And when the new power started the process of decriminalization of the state, the problem arose: how to do that without turning decriminalization into political repressions.
And there one should follow proper legal doctrine, which would become an obstacle for the arbitrary actions of those, who misuse of accusation of the innocent, and those, who misuse of defense of the guilty. For example, when the former represent the power and the latter – opposition.
In what follows we describe our variant of such doctrine.
The principle of inevitability of responsibility for a crime exists in modern criminal justice. In particular, it is stipulated by part 2 of the Criminal-Procedural Code of Ukraine, where one of the tasks of criminal justice is: “everybody, who has committed a crime, must be brought to responsibility”. On this basis the law envisages that “court, prosecutor, investigating officer and inquiry organ must, within the limits of their competence, institute a criminal case in every case of disclosure of features of a crime, take all appropriate measures for ascertainment of the event of the crime and persons guilty of commitment of the crime, as well as for punishment of the guilty” (Article 4 of the Criminal-Procedural Code of Ukraine).
Besides, Article 24 of the Constitution of Ukraine reads that all citizens are equal before the law, so there cannot be any privileges or limitations, for instance because of political views. This means that accusation on the basis of the Criminal Code must be equally applied to all criminals, both representatives of power and opposition. Yet, this means that those, who protect the accused, should also observe the principle of equality of all citizens before the law.
If, for example, the power blames criminals, it should not do that selectively, by political features, when “hostile” criminals are accused, and “friendly” criminals are covered.
However, opposition also has no right to defend “its” criminals, saying that they should be released from responsibility, since the authorities connives at the crimes of their adherents.
In order to liquidate such selectivity opposition can demand from the power to bring to responsibility “powers” criminals too. If the opposition is real, but not a political camouflage of selfish interests of people striving for power, then it should demand to adopt the law on criminal responsibility of investigating officers, prosecutors or other authorized persons for the illegal refusal to bring the guilty of a crime to criminal responsibility. Then the selective approach in bringing to criminal responsibility will result in punishment, and the authorized persons will have to bring to responsibility everyone, who has committed a crime, but not only their political opponents.
At the same time the power may upbraid opposition for its selective approach: why the opposition protects from the unjust accusation only “its” criminals, whether other criminals are always blamed justly? This is a lesson for opposition: it is necessary to protect everybody from injustice, even “aliens”, only in this way it is possible to protect “allies”. At the same time it is a lesson for the power: everybody, who has committed a crime, must be punished, including the supporters of power; otherwise it is impossible to decriminalize the country.
This is the only way to overcome the selective approach to responsibility of criminals, irrespectively of the initiators of this approach: whether it is the power or opposition.
However, another problem arises.
Having appropriated power in the state, the class of criminals created the conditions favorable for criminal mode of life and inadmissible for honest people. Under these circumstances certain part of people submitted to criminalization. They faced with the dilemma: either to be the victims of crimes or to become criminals, and chose the second way. The criminal culture has formed in the society, which allows people to survive under the conditions of “state” criminality.
Yet, this does not mean that the citizens, involved in criminal activities by the class of criminals with the aid of the state criminalized by them, are not liable to criminal responsibility. They must be responsible for their deeds, as well as those, who have involved them into these activities, although the responsibility must be different. It is inadmissible to refuse from bringing to criminal responsibility of, for example, state official, who committed the offences, envisaged by the Criminal Code, referring to the argument that “everybody acted in this way under the conditions of criminalized country”. The law does not envisage such reason for indemnity. However, an amnesty can be announced to those, who have committed crimes under the pressure of conditions, created by the persons, who criminalized country for their own profit thus implanting criminal culture in the society. So, the citizens involved in the criminal activities will get the amnesty and the people, who involved them in the crime, will be strictly punished.
Along with the amnesty the operating law permit to apply to the citizens, involved in that way in the criminal activities, such practice as, for instance, regarding their deeds as committed in a state of urgent necessity, release in connection with change of situation, release in connection with active repentance, release of the condemned from service of punishment by the act on pardon, etc.
Here it would be reasonable to remind that, in compliance with Article 44 of the Criminal Code of Ukraine, a person, which has committed a crime, can be released from responsibility only by court in accordance with the procedure stipulated by law (except the release on amnesty or by an act of pardon). No other state organs or officials have the right to release an offender from criminal responsibility, including on the political motives.
So, the decision, who must be punished and who must be pardoned, cannot be arbitrary and cannot depend on political sympathies of power or opposition.
If the principle of political selectivity would be applied for criminal persecution or, on the contrary, for the refusal from persecution, then any rapist, thief or briber would have the opportunity to appeal that he opposes the power and to call the persecution for the committed crime the political repression. And what the todays opposition would do with this, if it would obtain power, and what the todays power would do, if it would become opposition, that is if they would trade places? Probably, the result would be peculiar to such situation: we will get the life we deserve.
It should be recognized that the danger always exists that the power will choose the way of political repressions, but opposition also can choose the way of political defense of the guilty. Confrontation to both misuses of the authorities and misuses of the opposition is possible only by means of observance of the letter and spirit of law.
As to the very concept of political repressions, it usually means bringing of the innocent to criminal responsibility by political motives or pronouncement of unfairly strict punishment to the guilty because of the same motives.
Only if such features are present in the actions of state authorities, the opposition has the grounds to declare about the political repressions practiced by power.
And one more moment. It is paradoxical, but purification of power from criminals is advantageous for everybody, even for these criminals. Even the criminals know that arbitrariness is the worst evil. And the power in the hands of criminals always results in arbitrariness.
So, may fair punishment of criminals be considered as political repressions? No, in no circumstances! On the contrary, this is the moral, legal and, at last, political duty of power, which should not be a tool in hands of criminals, but must guarantee law and order for well-being of all citizens.
22 June 2005
Printed from “Maidan”: http://maidan.org.ua/
Genrikh Altunian, a famous human rights activist and active participant in the Orange revolution, died on 30 June
Mykhaylo Goryns jubilee
Goryn was born in the village of Kniselo, the Zhidachivskiy district of the Lviv oblast.
He was an outstanding figure of the sixties, an organizer of distribution of samizdat, one of the leaders of national liberation movement of 60s-90s.
Father of Mykhaylo Goryn was the head of the village “Prosvita” (“Enlightenment”) society, leader of the district underground organization of the OUN and was repressed by the Polish power. In December 1944 Mykhaylo and his mother were deported to Siberia by the Soviet power. He managed to escape.
In 1949-55 Goryn studied at the faculty of logic and psychology of Lviv University. In 1953 he was expelled from the university for his refusal to join Komsomol, but was restored owing to rector academician E. Lazarenko. Goryn was involved with the OUN underground, produced and distributed leaflets.
Goryn worked as a teacher of logic, psychology, Ukrainian language and literature, headed the district center of teaching technologies and was an inspector of the Strilkivskiy district education department. In 1961 he went in for scientific work. He created the first in the USSR experimental scientific-practical laboratory of psychology and physiology of labor at the Lviv plant of autoloaders. Goryn is the author of a number of methodological works in the sphere of labor psychology, prepared the thesis on this topic.
In May 1962 Goryn established the connection with Kyivan figures of the sixties I. Svitlychny, I. Dziuba, I. Drach and others. Goryn was one of the founders and a member of presidium of the Lviv Creative Youth Club “Prolisok” (1963). He organized distribution of the political literature published abroad and printing of samizdat.
On 26 August 1965 Goryn was arrested and accused of anti-Soviet agitation and propaganda in accordance with Article 62 Part 1 of the Criminal Code of Ukraine. He was condemned to 6 years of strict regime colony.
The wave of arrests of 1965 made the life in the Mordovian concentration camps more active: samizdat appeared, passing of information was organized, national groups began to consolidate in protest actions. In July 1967 the Zubovo-Polianskiy district court condemned Goryn to 3 years of incarceration in the Vladimir prison for propaganda and distributing samizdat among convicts. Goryn managed to pass out from the prison the information about the state of convicts.
He was released on 26 August 1971. Goryn could not get propiska (residence permit) in Lviv, where his family lived. In order not to be accused of parasitism, Goryn got the job of an engine driver in the Rivne oblast. From September 1972 he worked as a stoker in Lviv boiler-houses, in 1977 -- as psychologist at the plant of television tubes “Kineskop”. Goryn helped to former political prisoners and their families in compiling appeals. When the Ukrainian Helsinki group (UHG) was founded in 1976, Goryn decided to find his place in the rear rank. He took part in creation of the UHG fundamental documents. After the arrest of the UHG founders Goryn took upon himself the publication of the Groups bulletin, prepared Nos. 4-7.
During 1981 the KGB searched Goryns place for six times. During the search on 23 March they “found” a falsified UHG document concerning I. Kandybas case, and on 28 November – the essay on 15 pages with the illiterate title “Social research of mechanisms of russification in Ukraine” (they meant “sociological”).
On 3 November 1981, after 13-hour search, Goryn was arrested. Goryn went on a protest hunger-strike and refused to cooperate in the preliminary investigation. On the 10th day of the hunger-strike Goryn had a heart attack. On 25 June 1982 Goryn was condemned in accordance with Articles 62 part 2 and 179 of the Criminal Code of Ukraine to 10 years of incarceration in a special regime colony and 5 years of exile. He was acknowledged as an especially dangerous recidivist.
On 12 November 1982 Goryn arrived to colony BC-389/36 in the settlement of Kuchino of the Chusovskoy district, the Perm region, where his cellmate admitted him to the UHG.
Was ill with kidneys inflammation, hypertonia, arrhythmia. In May 1984 Goryn got the cardiac infarction. In May Goryn had cardiac infarction. On 2 July 1987 he was “pardoned”.
As early as in August Goryn, together with V. Chornovil and P. Skochko, resumed the publication of “Ukrainskiy Visnyk”.
On 11 August 1988 the Lviv oblast KGB officially warned Goryn in connection with his “anti-Soviet activities”.
In summer of 1989 Goryn worked in Kyiv in the organization committee of the Peoples Rukh of Ukraine (PRU). At the Initial congress (8-10 September) he was elected the head of the PRU secretariat. M. Goryn was the head and the Political council and a co-chairman of the PRU. In 1990 he was elected a deputy of the Supreme Council of the UkrSSR, worked in the Commission in charge of sovereignty, headed the commission on national minorities. He initiated and organized the greatest all-national actions: “The chain of unity” between Kyiv and Lviv on 21 January 1990, “Childrens diplomacy” (trips of children from Western to Eastern Ukraine and vice versa on Cristmas and Easter), Holiday of Cossack glory (Zaporozhye, summer of 1990), Congress of national minorities (Odessa, November 1991), Ligue of parties of the countries of Baltic-Black Sea region (1994), 50th anniversary of the Ukrainian Central liberation council (1994).
We are sincerely congratulating you on your jubilee!
We wish you long life and creative successes!
Kharkiv group for human rights protection