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Human Rights in the Activity of the Ukrainian Police – 2014

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Human Rights in the Activity of the Ukrainian Police – 2014 Association of Ukrainian Human Rights Monitors on Law Enforcement (Association UMDPL) HUMAN RIGHTS IN WORK OF UKRAINIAN POLICE– 2014 The book was published with financial support of NED (National Endowment for Democracy, USA). Opinion expressed by authors do not necessarily coincide with official position of the NED. Editorial board: Chumak Y.V., Pivovarov V.S. Composite authors: Batchaev V.K., Zhuchenya V.S., Krapyvin E.O., Prusov E.M., Tsapok M.O., Chuprov V., Shadska U.S., Shvets Z.S., Shvets S.P. Human rights in work of Ukrainian police– 2014. Scientific practical edition/ Edited by Chumak Y.V., Pivovarov V.S. – Kyiv, 2015 - 248 p. Content Viktor Chuprov Chapter 1. Observance of the right to life in the activity of police………………………...……1-26 Yevhen Krapivin Chapter 2. Illegal violence and cruel treatment in internal affairs authorities…….............…...27-51 Viktor Chuprov Chapter 3. The right to freedom and personal inviolability in work of law enforcement bodies…………………….………………………………………………………………….......52-82 Uliana Shadska, Zlata Shvets Chapter 4. Observance of a right to access information in the activity of internal affairs authorities of Ukraine……………………………………………….………………………………….……83-91 Maryna Tsapok Chapter 5. Freedom of assembly in crisis……………………………………...………...……92-104 Serhiy Shvets Chapter 6. Observance of a right to property in the activity of internal affairs authorities in 2014…………….………………………………………………………………………..…105-123 Volodymir Batchaev Chapter 7. Corruption in internal affairs authorities: general overview, amendments to legislation, prevention mechanism………………………………………………………………….….…124-148 Serhiy Shvets Chapter 8. Observance of the rights of vulnerable groups of population in the activity of internal affairs authorities in 2014……….....................……………………………………………….149-181 Viktor Zhutsenia Chapter 9. Euromaidan: actions of police, legal analysis and conclusions……………….…182-207 Evgeniy Prusov Chapter 10. Observance of human rights by LEB during the ATO on the territory of Donetsk and Luhansk regions……………………………………………………...………….……………208-241 Chapter 11. Additions……………………………………………………………………..…242-247 Chapter 12. About UMDPL………………………………………………………………..……..248 Observance of a right to life in the activity of police in 2014 1. Introduction Challenges that Ukraine faced in 2014 became a serious test for all the country. Confrontations during the events on the Independence Square, war in the East, regular “ШutbreaФs” Тn dТfferent regions of Ukraine became the reason of numerous human fatalities. The year of 2014 showed to Ukraine and all the world how precious a human life is. But, unfortunately, understanding of this fact is not enough, especially when our country got under threat of artificial division. Deaths of people during the military actions can be somewhat justified but when, in addition to that, people die of negligence, lack of competence, and sometimes intentional crimes of representatives of law enforcement authorities, particularly of police, such crimes cannot be justified by any circumstances. Any legal state has the aim to preserve a human life. The right to life is a fundamental human right which provides for the realization of the basic democratic values. Because of the fact, that a human life is impossible neither to renew, nor to compensate, the right to life has to be separated from all other human rights in the world. Every person has the right to life, freedom and personal integrity1. An International Covenant on CТvТХ and PШХТtТcaХ RТgСts ТndТcates tСat tСe rТgСt tШ ХТfe “has to be protected by the law and no one can be arbitrarily deprived of life”2. The national legislation, particularly the Constitution of Ukraine, reads, tСat “a person, his life and health, honor and dignity, integrity and security are recognized in Ukraine as the highest social value”3, «every person Сas an inviolable riРСt to life. No one can be arbitrarily deprived of life”4. The Civil Code of Ukraine foresees tСat “a natural person has an inviolable right to life. A natural person cannot be deprived of life...A natural person has the right to protect his life and health as well as the life and health of another natural person from unlawful encroachments by any means not prohibited by the law”5. Besides this, the guarantees of the state with regard to observance of the right to life lie not only in creation of the relevant mechanisms of its realization and protection but also in ensuring a proper and objective investigation in case of violation of this right. Ensuring not only declarative provisions but also taking effective measures for implementation of the declared provisions in reality. Legislation of Ukraine defines a specific state agency obliged to protect a human life. The Law Шf UФraТne “On PШХТce”6 reads that police in Ukraine - is a state paramilitary agency that protects 1 Official portal of the Verkhovna Rada of Ukraine. Legislation. The Universal Declaration of Human Rights (art. 3). http://zakon2.rada.gov.ua/laws/show/995_015 2 Official portal of the Verkhovna Rada of Ukraine. Legislation. International Covenant on Civil and Political Rights (art. 6). http://zakon4.rada.gov.ua/laws/show/995_043 3 Official portal of the Verkhovna Rada of Ukraine. Legislation. The Constitution of Ukraine (art. 3). http://zakon2.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80 4 The same. The Constitution of Ukraine (art. 27). 5 Official portal of the Verkhovna Rada of Ukraine. Legislation. The Civil Code of Ukraine (art. 281). http://zakon4.rada.gov.ua/laws/show/435-15 6 OffТcТaХ ЩШrtaХ Шf tСe VerФСШvna Rada Шf UФraТne. LegТsХatТШn. TСe Law Шf UФraТne «On PШХТce» (art. 1). http://zakon2.rada.gov.ua/laws/show/565-12 1 life, health, rights and freedoms of citizens, property, environment, public and state interests from unlawful encroachments. We cannot say that it is only the internal affairs authorities that have the obligation to protect the right to life in Ukraine, however, taking into consideration that it is the police that has weapons and authority to use it to perform such obligations, it bears the most responsibility before the society for the level of protection of a human life. For a better understanding of the term of the right of a person to life it is important to understand that any rights have two components. A positive (ensure the realization of the right) and negative (not to prevent the realization of the right) which, in its turn, puts positive and negative obligations on the state to ensure their realization or observance. 2. Positive obligation of the state represented by police in providing for the right to life Positive obligation - is an Negative obligation - not to obligation to create proper prevent the realization of the right conditions for the realization of the to life - not to deprive of life. right to life. TСe Law Шf UФraТne “On PШХТce” defТnes Тts sЩecТfТc tasФs wСТcС are dТrectХy cШnnected wТtС a positive obligation of the state concerning ensuring the right of a person to life: - ensuring personal security of citizens, protection of their rights, freedoms and legal interests; - prevention and stopping violations of the law; - securing public order; - detection of criminal offences; - participation in solving criminal offences and search of persons who committed them in the order foreseen by the criminal procedure legislation; - ensuring traffic security and other. Unlike other human rights, the right to life cannot be renewed, that is why even the most effective investigations and persecution of the guilty cannot return the life of a person. It is in this context that prevention gains a particular importance. Crimes against life are the most dangerous, and the responsibility for their commitment is the strictest. The second chapter of the special part of the Criminal Code of Ukraine7 foresees the responsibility for crimes against life and health of a person. In particular, for murders, incitement to suicide etc. For the analysis of the realization of the positive obligation of police on ensuring the right of a person to life let us use the official statistics published for everyone at the website of the Prosecutor GeneraХ’s OffТce Шf UФraТne. 7 Official portal of the Verkhovna Rada of Ukraine. Legislation. The Criminal Code of Ukraine. http://zakon4.rada.gov.ua/laws/show/2341-14/page4 2 SТnce 2013 tСe PrШsecutШr GeneraХ’s OffТce Шf UФraТne ЩubХТsСes Шn Тts ШffТcТaХ websТte tСe statТstТcaХ ТnfШrЦatТШn “On tСe wШrФ Шf Щre-trТaХ autСШrТtТes” and “On tСe RegТstered CrТЦТnaХ Offences and Results of their Pre-triaХ InvestТgatТШn”8. The analysis of the mentioned sources lets us evaluate the effectiveness of ensuring the realization of a positive obligation of police with regard to observance of the right to life. Comparative characteristics of a number of crimes against life and health of a person registered by internal affairs authorities for 2013-2014 Table 1 art. 118 art. 286, premedit p. 2, 3 ated art. violation murder 119 art. 115 art. 120 of traffic by murder premedita inciteme safety, Total exceedin throug ted nt to which Registered crimes g the h murder suicide caused against life and health limits of neglig the of a person necessar ence victim's y death defense 2 201 201 201 201 20 201 0 20 20 20 20 20 3 4 3 4 13 4 1 14 13 14 13 14 3 Criminal offences 2 714 610 579 110 18 24 14 21 20 1 registered within the 36 46 1 44 64 2 18 4 8 9 08 51 reporting period 4 Criminal offences in which persons 1 332 257 173 172 14 88 90 2 received notice of 34 42 7 2 0 85 82 2 2 5 4 4 suspicion 7 Criminal offences upon which 1 291 215 124 116 12 70 63 3 proceedings were 34 39 5 2 0 70 48 5 4 8 6 6 sent to court with an 6 indictment act Criminal offences upon which proceedings were 4 sent to court with a 588 273 1 0 1 0 2 0 0 0 0 0 request for exemption from criminal liability 8 OffТcТaХ websТte Шf tСe PrШsecutШr GeneraХ’s OffТce Шf UФraТne.
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