Statistics of Near Impunity

The figures for charges under the above articles of the Criminal Code for the Kyiv oblast

Valeria Burlakova writes in the journal Ukrainsky Tyzhden that suspended sentences and application of amnesties are standard practice in Ukraine for criminal cases against police officers.

Just getting a case against a police officer to the courts, she says, is already an incredible success. Of 114, 474 complaints about police behaviour received by prosecutor’s offices in 2012, only 1, 750 led to investigations and of these only 320 (0.2%) resulted in a criminal case being initiated.

The author notes that most prosecutor’s offices preferred to ignore Ukrainsky Tyzhden’s questions regarding the number of police officers against whom criminal charges were brought in 2012-2013.

According to the Kharkiv Prosecutor’s Office during 2012 18 criminal cases about offences allegedly committed by police officers of Kharkiv and the Kharkiv oblast were sent to the court.  The cases involved 30 people.

From January to March 2013 10 criminal proceedings were passed to the court regarding 10 police officers.

The Kharkiv Regional Prosecutor’s Office refused to give any information about the actual charges, claiming that this was at present internal information only.

The Chernihiv Regional Prosecutor’s Office also refused to provide specific information about charges but asserted that such analysis was not carried out. 5 officers had been prosecuted during 2012, and 4 had faced charges in the first quarter of this year.

The Kyiv Prosecutor’s Office proved more open.

There were only 4 cases in 2012 against 5 police officers.

Two were prosecuted on charges under Article 286 of the Criminal Code – traffic offences.

Two were charged under Article 365 (exceeding power or authority).

One was charged under Article 364 – abuse of power or position.

6 prosecutions have been passed to the court this year with respect to 6 officers.

Two are accused of taking a bribe (Article 369);

Two with professional negligence (367);

One with a traffic offence; and one with “abuse”

The article on “exceeding powers” is often used where NGOs would suggest others, including the article on torture.

The author here mentions the death in police custody of young student Ihor Indylo.  Please see: http://khpg.org/1368659120

See also Ukraine: Make the police accountable and stamp out torture

From an article here http://tyzhden.ua/Society/82007  (pictures also)