HUMAN RIGHTS IN UKRAINE – 2007 HUMAN RIGHTS ORGANISATIONS REPORT UKRAINIAN HELSINKI HUMAN RIGHTS UNION «PRAVA LUDYNY» 2008 ББК 67.9(4УКР) П68 In preparing the cover, the works of Alex Savransky (www.petik.com) were used Designer Boris Zakharov Editors Yevgeniy Zakharov, Irina Rapp, Volodymyr Yavorsky Translator Halya Coynash The book is published with the assistance of the National Endowment for Democracy Human Rights in Ukraine – 2007. Report by Human Rights Organisations. / Editors: Y.Zakharov, I.Rapp, V.Yavorsky / Ukrainian Helsinki Human Rights Union. – Kharkiv: Prava Ludyny, 2008. – 256 p. ISBN 978-966-8919-47-3. This book considers the human rights situation in Ukraine during 2007, it is based on studies by various non-governmental human rights organizations and specialists in this area. Each unit concen- trates on identifying and analysing violations of specific rights in this period, as well as discussing any positive moves which were made in protecting the given rights. Current legislation which encourages infringements of rights and freedoms is also analyzed, together with draft laws which could change the situation. The conclusions of the research contain recommendations for eliminating the violations of human rights and fundamental freedoms and improving the overall situation. ББК 67.9(4УКР) © Compiled by Yevgeniy Zakharov, Volodymyr Yavorsky, 2008 © Cover design by Boris Zakharov, 2008 © Translation by Halya Coynash, 2008 ISBN 978-966-8919-47-3 © Ukrainian Helsinki Human Rights Union, 2008 FROM THE EDITORS The Ukrainian Helsinki Human Rights Union and the Kharkiv Human Rights Protection Group would like to gratefully acknowledge the enormous help offered us in creating this Human Rights Organizations Report. First and foremost we wish to thank: The organizations which kindly provided material for this report: – The All-Ukrainian Environmental Organization «MAMA-86» – The All-Ukrainian Council of Defence of Rights and Security of Patients – The Bureau on Environmental Investigations (Lviv) – The Chernihiv Women’s Human Rights Center – The Civic Organization «Donetsk Memorial» – The Civic Organization of Blind Lawyers (Kharkiv) – The Civic Organization «Helsinki Initiative-XXI» (Chortkiv, Ternopil region) – The Civic Organization «M’ART» [Youth Alternative], Chernihiv – The Civic Environmental and Humanitarian Association «Zeleny Svit» [«Green World»] – The Center of Law and Political Research «SiM» (Lviv) – The Committee on Monitoring Press Freedom in the Crimea – The Committee of Voters of Ukraine – The Confederation of Free Trade Unions of Ukraine – The Congress of National Communities of Ukraine – The Environmental Organization «Pechenihi» (Kharkiv) – The Independent Media Trade Union of Ukraine – The Institute of Mass Information (Kyiv) – The International Association «Environment – People – Law» [EPL] (Lviv) – The International Renaissance Foundation – The International Women’s Human Rights Centre «La Strada – Ukraine» – The Kharkiv Institute of Social Research – The Kherson Regional Charity and Health Foundation – The Kherson Regional Branch of the Committee of Voters of Ukraine – The Luhansk Regional Branch of the Committee of Voters of Ukraine – The National Assembly of Disabled Persons – The Odessa Regional Branch of the Committee of Voters of Ukraine – The Penitentiary Society of Ukraine – The Public Committee for the Protection of Constitutional Rights and Civil Liberties (Luhansk) – The Religious Information Service of Ukraine (RISU) – The «Respublica» Institute (Kyiv) – The Sevastopol Human Rights Protection Group – The Sumy Regional Branch of the Committee of Voters of Ukraine – The Ukrainian Association «Zeleny Svit» – The Ukrainian Independent Center of Political Research – The Union «Public Watch» (Nikopol, Dnipropetrovsk region) The authors and co-authors of particular units, as well as the researchers of material used here: Taras Antoshevsky; Yury Babinin; Valentina Badyra; Larisa Baida; Yuri Belousov; Dementiy Belyy; Oleksandr Betsa; Anatoly Boiko; Oleksandr Bukalov; Maksim Butkevych; Serhiy Burov; Arkady Bushchenko; Volodymyr Chemerys; Kateryna Cherepakha; Andriy Chernousov; Denis Galavniov; Hanna Holubovska-Onisimova; Olha Kalashnyk; Denis Kobzin; Ludmila Kovalchuk; Mykola Kozyryev; Kateryna Levchenko; Maryna Legenka; Oleh Lepetiuk; Viacheslav Lichachov, Oleh Martynenko; Olha Melen; Mykhaylo Minaev; Oksana Nesterenko; Andriy Olenyuk; Vo- lodymyr Ponomarenko; Volodymyr Prytula, Vsevolod Rechytsky; Andriy Rokhansky; Mykhailo Romanov; Roman Semeshko; Oleksandr Severyn; Maksim Shcherbatyuk; Larysa Sidelnik; Natalia Skripka; Oleksandr Stepanenko; Gennadiy Tokarev; Ruslan Topolevsky; Olha Vilkova; Yaryna Volvach, Irina Yakovets; Maryana Yevsyukova; Inna Zakharova. This report would not have been possible without the support and assistance of Halya Coynash, Volodymyr Derkachov, Irayida Fesenko, Maryna Govorukhina, Oleh Myroshnychenko, Vadym Pyvovarov, Oleksandr Savransky, Serhiy Udalov, Volodymyr Uryvay and Boris Zakharov. We would like also to express our gratitude to the National Endowment for Democracy (USA), who provided financial assistance for the preparation of this Report. Yevgeniy Zakharov, Volodymyr Yavorsky OVERVIEW OF VIOLATIONS OF RIGHTS AND FREEDOMS IN 2007 OVerVieW of VioLAtioNS of riGhts AND freedoms IN 2007 After 2004 there was a noticeable improvement in observance of rights and liberties. This pro- cess, however, proved more to do with a weakening in the regime itself which had made a con- ditional step towards the people which increased the level of freedom. There were various factors involved including fear of the new people in power who expressed the wish to punish criminals, significant reshuffling of those in positions of authority, as well as many others. The weakening of pressure brought to bear by the State on the individual resulted in greater opportunity to exercise those rights and freedoms which the State must not interfere with as it pleases, for example, freedom of speech, freedom of association, the right to free elections, freedom of business enterprise and so forth. Yet where the State had a duty to do something to improve the situation (fulfil its positive du- ties, for example, by ensuring proper investigation into cases of torture, enforcement of court rul- ings, etc), the situation could not change radically since nothing was done to achieve this. This explains the trends in 2007 when the factors which brought about a reduction in the State’s pressure on the individual gradually faded. We can speak at present of a consistently bad situation as regards the prohibition of torture and ill-treatment; the right to life in the context of investigations into cases where life was taken; the right to a fair trial; the right to privacy; the right of access to information; and others. The heightened political struggle in 2007 resulted in a general lowering in the level of political freedom which is gradually being eroded away. Political rights, for example, the right to be elected, are being undermined. This right can effectively only be enjoyed by members of political parties who make up less than 4 % of the voters. In a democratic country party membership cannot be a precon- dition for standing for electoral office. The demand to introduce the imperative mandate which is in essence the guarantee of strict factional discipline also has an adverse effect on political freedom. Our parties are becoming ever more reminiscent of the Communist Party of the Soviet Union. All political forces violate the principles of the sovereignty of the law, for example, by putting pressure on the courts. Of concern is an increase in hate crimes. The number of racially-motivated murders and physi- cal attacks has risen significantly in recent years. At present there are no effective steps towards overcoming the problems of discrimination, racism and xenophobia. There are also no major changes in safeguarding socio-economic rights. The growth in the economy has not been reflected in an increase in the income of a large percentage of the popula- tion and has only led to a still greater divide between the incomes of rich and poor. According to official statistics, a third of the population lives below the poverty line. The problem was particularly exacerbated through the considerable increase in communal charges and rise in inflation since the system for protecting the poor against such increases is inadequate. By UHHRU Executive Director Volodymyr Yavorsky. HUMAN RIGHTS IN UKRAINE – 2007. HUMAN RIGHTS ORGANIZATIONS REPORT Against this background a positive move was the judgment by the Constitutional Court to prohibit the suspension of rights through the annual law on the Budget.2 Making it clear that the force of rights as opposed to privileges cannot be suspended, the Court clearly confirmed the pro- hibition on any narrowing of the constitutional rights of citizens. Unfortunately, the government did not understand this judgment and yet against suspended the force of rights in the Budget for 2008, although this Budget was then also found to be unconstitutional by the Court for exactly the same reasons. The government thus demonstrates a lack of will to comply with the judgments of the Constitutional Court on protecting socio-economic rights. As far as observance of human rights is concerned, two key issues can be identified which to a large extent influence the safeguarding of other rights and freedoms, these being the right to a fair trial and the activities of the law enforcement