July-September 2020
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Monitoring Report on Persecution of Activists, Human Rights Defenders and Journalists in Ukraine (July-September 2020) The Report covers the cases of persecution of activists, human rights defenders and journalists, as well as the situation regarding the investigation of such cases by law enforcement bodies for the period covering July to September 2020. Compiled by Hanna Rozhkova, Kateryna Pomazana, Serhii Pernykoza, Vadym Pyvovarov. Design and layout by Olha Zolotar. Translation by Accent Words. Monitoring Report on Persecution of Activists, Human Rights Defenders and Journalists in Ukraine (July-September 2020) / H. Rozhkova, K. Pomazana, S. Pernykoza, V. Pyvovarov — Kyiv: Association UMDPL. — 40 pages. This publication created with the support of the Democracy Commission Small Grants Program General Competition. The content of the publication does not translate the official position of the U.S. government The report is distributed under license Creative Commons Attribution 4.0 International. Association UMDPL, 2020 CONTENT Introduction ........................................................................................................................................................5 Abstract ................................................................................................................................................................5 Description of incidents related to pressure on public activists .............................................................7 Determining the effectiveness of investigations by law enforcement bodies .....................................25 Conclusions .........................................................................................................................................................27 Annexes: Annex 1. Methodology for monitoring of attacks on civil society representatives ...........................29 Annex 2. Methodology for determining the effectiveness of law enforcement bodies in investigating attacks on activists ...................................................................................................30 Annex 3. Sample of request for access to public information with regard to the effectiveness of investigations ............................................................................................................34 Annex 4. Responses by law enforcement bodies with regards to the investigations of attacks on activists ........................................................................................................................................ 35 3 4 INTRODUCTION in their cases (as an example: 2 incidents of attacks on activists in Odesa who oppose construction The trend to put pressure on public activists, works). A positive trend in all the recorded cases human rights activists and journalists persists in was an increase in the feeling of well-being Ukraine. The previous year, in just six months from among the victims- activists through solidarity April to October, our team recorded 61 cases of and support from representatives of civil society persecution of activists, with the largest number and some local political figures. The vast majority of cases reported in Odesa and Kyiv. This year, of them noted that, following the incident, their the trend continues to be disappointing. In June- social capital in the civic sector began to increase, September 2020, we recorded 21 cases (with a and they began to feel that their work did not go total of 27 individual incidents) in which activists unnoticed. It is also interesting that some of the were obstructed or intimidated. We recorded the interviewed victims emphasized that after the largest number of cases in Kyiv, then in Odesa, incident they felt even more motivated to do and also some cases in Lviv, Kharkiv, Kharkiv their socially important work and fight injustice, region and Zaporizhzhia region. although the key-note that might describe their feeling still was anxiety, danger, fear of generally low level of protection to social activists. As regards the pressure on civil society by ABSTRACT the police and other law enforcement bodies, the most common cases were: the obstruction of The majority of the cases neither involved peaceful assemblies (3) and the cases of inaction/ pressure on the part of law enforcement bodies, improper performance by law enforcement nor was committed by officials. The incidents bodies, which could endanger the victims (2). primarily took the form of property damage (9 These cases were mostly not reported to law cases), threats (5), physical assaults (4), Internet- enforcement bodies due to a lack of trust in them bullying (3) and defamation campaigns (2), with in this context. Thus, in the two cases where some of the incidents featuring several of these organizers of a peaceful assembly had overtly characteristics simultaneously. It is noteworthy been unlawfully obstructed by means of physical that, during this period, there happened 3 car force to reach the venue, they failed to file the arsons and 1 house arson. In all the cases, not complaints with the police not believing in their involving the pressure by the police, the victims effectiveness. Interestingly, both cases concerned applied for the legal protection and reported expressing a position on the adoption of a draft the incidents to the police. The only exception law (one – promoting the environmental recycling was one case where the victim failed to appeal and the other – against the amendments to the law to the police due to the external circumstances on languages). In both cases, the law enforcers – the lack of corpus delicti or the fact of the cited as the reason to disallow people to reach offence (the case was the matter of a defamation the venue the stage props which the participants media campaign in the territory not controlled were carrying to use in their performances (trash by Ukraine). It is also revealing that in the vast bags and large wooden sticks, respectively). It is majority of cases, victims acknowledge their noteworthy to mention a case in Lviv, where at a dissatisfaction with the level of effectiveness of peaceful political rally (criticizing the President’s investigation and the need to constantly motivate statements), administrative cases were illicitly investigators through submissions, inquiries and initiated against the participants (with the aim of pressure from the civil society. At least one obstructing the peaceful assembly). Against this journalist has filed a complaint with the State background, the activists noted that they felt Bureau of Investigations of Ukraine (SBI) referring tired and upset, regretting the financial, time and to the ineffective investigation of her case. This human resources they had to waste to prove their takes up a lot of time and effort from the victims- innocence in court instead of continuing their activists and sometimes demotivates them to usual activities in the civic sphere. monitor their own cases or reduces the level of The systematic pressure on investigative trust in the judiciary and the police. However, journalists of the Schemes: Corruption in in fairness, one should note that several victims Details Program is worth specific mentioning. expressed satisfaction with the intensity and First, Mykhailo Tkach detected signs of a tap at efficiency of the investigation and court hearings his home, and, a few days later, the car of the 5 editorial office was set on fire. During this period, Law enforcement bodies do not take the case against Serhii Sternenko continued appropriate measures to prevent attacks on to unfold – in June he was handed over the activists and start their activities only after the indictment of intentional homicide and ‘illegal’ attack has taken place. However, it should be handling of cold arms, was placed under house noted that crime reports are being entered into arrest as a measure of restraint, and his case was the Unified Register of Pre-Trial Investigations transferred to Odesa, where, right before the within the timeframe specified in the Criminal court hearing, Serhii was assaulted yet another Procedure Code of Ukraine, and, with regard to time. After the hearing, the participants who had high-profile cases, they are not only registered come to support Sternenko also reported attacks in a proper way but even being investigated as a and surveillance. Additionally, in late August, matter of urgency. when public organizations working to overcome To sum up, during the specified period and discrimination and increase the visibility of the among the public activities, the most dangerous LGBTQI community intensified their activities, have been various anti-corruption activities the attacks and pressure of various kinds on the (against illegal construction works, exposing LGBTQI activists also became more frequent. In local political and business schemes, etc.), particular, there has been an attempt to disrupt LGBTQI activism, criticism of the state apparatus a peaceful assembly within the framework of the and political activities of various individuals or Odesa Pride 2020, an attempt to disrupt an event organizations. The latter is featured by higher at the Odesa community center QueerHome, and likeliness of pressure by the law enforcement 3 incidents related to property damage and threats bodies. at the Kharkiv community center PrideHub. Content 6 Description of incidents related to attacks and persecution of human rights defenders, activists and journalists for their actions to protect