DOCSLIB.ORG

Master Thesis

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Master Thesis Department of European and International Law MASTER THESIS “Copenhagen Political Criteria and Ukraine’s Accession to European Union: Problems and Perspectives” Submitted by: LLM International Public and European Union Law Student Iryna Vityuk ANR 718614 Supervised by: Junior Researcher S.J. Rombouts, Dr. Anna Meijknecht Tilburg 2011 Content INTRODUCTION_______________________________________________________p. 1 CHAPTER I. Copenhagen Political Criteria as the Main Guide to the Accession of the European Union 1. Insight into the Copenhagen political criteria________________________________ p. 2-3 2. Legal background of Copenhagen political requirements_______________________p. 3 3. Structure of the Copenhagen Political Criteria: ______________________________ p. 3- 4 3.1. Concept of “Rule of law”___________________________________________p. 4-6 3.2. Concept of “Democracy”___________________________________________ p. 6 3.3. Concepts of “Rule of Law” and “Democracy” in Copenhagen-related documents_ p.6-8 4. Issue of “human rights” in the meaning of Copenhagen political criteria___________ p.8-10 5. Respect and protection of minorities in the meaning of Copenhagen political criteria_ p.9-12 Conclusion to Chapter I_____________________________________________________p. 13 CHAPTER II. Rule of Law and Democracy in Ukraine 1. Way of Ukraine to European Integration___________________________________ p. 14-15 2. Concepts of “rule of law” and “democracy” in Ukrainian legal system: 2.1. Functioning of legislature in Ukraine as a part of rule of law/ democracy criteria_p. 16-17 2.2. Free and fair elections in Ukraine______________________________________p.17-18 2.3. Functioning of executive bodies in Ukraine and fight with corruption as the constituents of rule of law/ democracy criteria______________________________________p.18-20 2.4. Judiciary as the part of “rule of law” concept_____________________________p.20-22 Conclusion to Chapter II_____________________________________________________p. 23 CHAPTER III. Protection of Human Rights and National Minorities in Ukraine 1. Legal framework of human rights protection in Ukraine_______________________p. 24-25 2. Level of protection civil and political rights in the context of Copenhagen political criteria: 2.1. Torture, inhuman and degradation treatment of detainees by police___________p. 25-27 2.2. Pre-trial detention and situations in prisons in Ukraine_____________________p. 27 2.3. Freedom of expression in Ukraine_____________________________________p. 28-29 2.4. Current stage of combating the trafficking of human beings_________________p. 29-30 2.5. Right to defense in Ukrainian legal system: 2.5.1. Access to a lawyer___________________________________________ p. 30 2.5.2. Functioning of Ombudsman____________________________________p.30-31 2.6. Ukraine’s legal attitude towards refugees________________________________p. 31-32 3. Economic, social and cultural rights guaranteed by Ukraine: 3.1. Social-security rights:_______________________________________________p. 32-34 3.1.1. Right to medical care in respect to socially vulnerable people (HIV-positive people)___________________________________________________________p. 34 3.2. Enforcement of the other social, economic and cultural rights prescribed in Copenhagen political requirements________________________________________________p. 35 4. Protection of national minorities as the key component of Copenhagen political criteria 4.1. Meaning of “national minorities” in Ukraine_____________________________p.36 4.2. Overview of Ukrainian legal framework on national minorities______________p. 36-37 4.3. Protection of national minorities in EU context: steps to and back _________ p. 37-39 Conclusion to Chapter III___________________________________________________p.40 CHAPTER IV. Ukraine’s Perspectives to Comply with the Copenhagen Political Criteria 1. Positive steps of Ukraine towards European membership______________________ p. 41-42 2. Adverse steps of Ukraine towards European Union membership_________________p.42-44 3. Summing up the trends_________________________________________________ p. 44-45 CONCLUSION__________________________________________________________p.46-47 LIST OF SOURCES______________________________________________________p. 48-57 - 0 - INTRODUCTION The European Union’s (EU) economic and political incentives make its membership attractive for other countries. However, the process of EU accession is based upon certain requirements (particularly, geographical, political and economic) which are necessary to be satisfied by the country that declares its willingness to become EU member. These requirements, which are generally called “Copenhagen criteria” after the name of Copenhagen summit held by European Council in June 1993, were mainly introduced to anticipate a flood of applications for membership from post-communist countries which legal systems were far from being consistent with founding mission of European Union as a league of democratic states.1 Ineffective mechanism of human rights’ protection, outdated legislation, the lack of legal experience, bureaucracy can be identified as the common problems for all Post-Soviet countries. Thus, the Copenhagen political criteria stipulate that any candidate country must have achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities in order to access the European Union.2 Ukraine has been among those post-communist countries aiming at joining European Union since the day of independence in 1991 having proclaimed European integration as the key direction of its state policy.3 Notwithstanding that twenty years have passed, Ukraine has not enforced its incentives to become fully legitimate EU member yet. It remains unclear what obstacles are faced by Ukraine in fulfillment the Copenhagen political criteria on the way to EU as well as Ukraine’s chances to adjust its legal system to the European standards on the current level of development. Thus, this research will be devoted to the assessment of present legal situation in Ukraine regarding the fulfillment of Copenhagen political requirements. In Chapter I, the meaning of Copenhagen political criteria will be explored. The EU understanding of concepts “democracy”, “rule of law”, “human rights”, “national minorities” shall be put into the basis of further analysis to discover the Ukraine’s weaknesses as well as to delineate the future perspectives to comply with them. Chapter II will focus on the Copenhagen requirements concerning democracy and rule of law carried out by Ukraine. The functioning of state bodies (legislature, judiciary, executive apparatus), free and fair elections, corruption are among the main issues necessary to examine in order to make conclusions on Ukraine’s prospects to join the EU. Chapter III will deal with the current level of human rights and national minorities’ protection in Ukraine. Herein, the constitutional guarantees, Ukraine’s commitments to international and European standards in the field of human rights/national minorities will be contra posed to their practical enforcement and legislative flaws. This assessment will allow to identify the measures to be taken by Ukraine to comply with Copenhagen political criteria. Perspectives of Ukraine to satisfy the EU political demands will be the topic of Chapter IV. The positive and negative trends in guaranteeing democracy, rule of law, protection of human rights, respect for and protection of national minorities will be considered as well the likelihood for Ukraine to comply with the Copenhagen political criteria will be ascertained based on the research data. 1 Croatian Opinion and the EU’s Copenhagen criteria. Richard Rose.-University of Aberdeen.-December 2005. 2 Conclusion of Presidency in European Council in Copenhagen, 21-23 June, 1993. 3 Resolution of Supreme Council “On Core Concepts of Ukrainian Foreign Policy”, 02.08.1993. - 1 - Chapter I. Copenhagen Political Criteria as the Main Guide to the Accession of the European Union 1. Insight into the Copenhagen political criteria The European Union can be defined as supranational, multicultural institution playing one of the most considerable roles in the international policy-making processes while representing twenty seven countries – its Member States with the common values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.4 Apparently, the EU candidate country has to share its common values along with the guarantying of their practical implementation. Apart from Lisbon Treaty, this vision was ascertained in the Copenhagen criteria which stipulate that any candidate country must have achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities, the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union, ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union in order to access it.5 The harmonization of enlargement practices existing before 1993 is set forward by the majority of criteria The European institutions - the European Council, the Commission, the Council of Ministers – have succeeded in building the complete enlargement regulation concerning the three Copenhagen requirements which
Load more

Recommended publications
  • Committed During the Armed Conflict in Eastern Ukraine Between 2014–2018
    VIOLENT CRIMES Committed During the Armed Conflict in Eastern Ukraine between 2014–2018 Kharkiv Human Rights Publisher 2018 УДК 355.012АТО(477)’’2014/2018’’(047)=111 Н31 THE List OF abbreviations This report was prepared with financial support of AI — Amnesty International; MTOT — Ministry of Temporarily Occupied Terri- tories and Internally Displaced Persons; ATO — Anti-Terrorist Operation; NGO — Non-Governmental Organization CC — Criminal Code of Ukraine; NPU — National Police of Ukraine; CMA — Civil-Military Administration; OTDLR — Occupied Territories of Donetsk and Lu- СMPO — Chief Military Prosecutor’s Office; hansk Regions; СP — Checkpoint; OSCE — Organization for Security and Coopera- CPC — Criminal Procedural Code; tion in Europe; EXCP — Entry-Exit Checkpoint; PLWHA — People Living with HIV/AIDS; DSA — District State Administration; RSA — Regional State Administration; RS — Rome Statute; ECHR — European Convention on Human Rights; Yuriy Aseev, Volodymyr Hlushchenko, Boris Knyrov, Natalia Okhotnikova, Anna Ovdiienko, LNR — the self-proclaimed “Luhansk People’s ECtHR — European Court of Human Rights; Olena Richko, Gennady Shcherbak, Pavlo Shvab, Yanina Smelyanska, Igor Sosonsky, Republic”; Gennadiy Tokarev, Martha Vovk, Anastasia Yegorova, Yevgeniy Zakharov GC — Geneva Convention(s) of 12 August 1949; DNR — the self-proclaimed “Donetsk People’s Н31 Violent Crimes Committed During the Armed Conflict in Eastern Ukraine between 2014–2018 / HRMM — UN Human Rights Monitoring Mission Republic”; compiler Yevgeniy Zakharov; CO “Kharkiv
    [Show full text]
  • Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
    Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna.
    [Show full text]
  • Persecution of the Czech Minority in Ukraine at the Time of the Great Purge1
    ARTICLES Persecution of the Czech Minority in Ukraine 8 Mečislav BORÁK at the Time of the Great Purge Persecution of the Czech Minority in Ukraine at the Time of the Great Purge1 prof. Mečislav BORÁK Abstract In its introduction, the study recalls the course of Czech emigration to Ukraine and the formation of the local Czech minority from the mid-19th century until the end of 1930s. Afterwards, it depicts the course of political persecution of the Czechs from the civil war to the mid-1930s and mentions the changes in Soviet national policy. It characterizes the course of the Great Purge in the years 1937–1938 on a national scale and its particularities in Ukraine, describes the genesis of the repressive mechanisms and their activities. In this context, it is focused on the NKVD’s national operations and the repression of the Czechs assigned to the Polish NKVD operation in the early spring of 1938. It analyses the illegal executions of more than 660 victims, which was roughly half of all Czechs and Czechoslovak citizens executed for political reasons in the former Soviet Union, both from time and territorial point of view, including the national or social-professional structure of the executed, roughly compared to Moscow. The general conclusions are illustrated on examples of repressive actions and their victims from the Kiev region, especially from Kiev, and Mykolajivka community, not far from the centre of the Vinnycko area, the most famous centre of Czech colonization in eastern Podolia. In detail, it analyses the most repressive action against the Czechs in Ukraine which took place in Zhytomyr where on 28 September 1938, eighty alleged conspirators were shot dead, including seventy-eight Czechs.
    [Show full text]
  • Ukraine: Prison Conditions
    Country Policy and Information Note Ukraine: Prison conditions Version 2.0 April 2017 Preface This note provides country of origin information (COI) and policy guidance to Home Office decision makers on handling particular types of protection and human rights claims. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the Nationality, Immigration and Asylum Act 2002. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the policy guidance contained with this note; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country Information COI in this note has been researched in accordance with principles set out in the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI) and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, namely taking into account its relevance, reliability, accuracy, objectivity, currency, transparency and traceability. All information is carefully selected from generally reliable, publicly accessible sources or is information that can be made publicly available. Full publication details of supporting documentation are provided in footnotes. Multiple sourcing is normally used to ensure that the information is accurate, balanced and corroborated, and that a comprehensive and up-to-date picture at the time of publication is provided. Information is compared and contrasted, whenever possible, to provide a range of views and opinions.
    [Show full text]
  • Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
    Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, www.unodc.org Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders United Nations publication Printed in Austria CRIMINAL JUSTICE HANDBOOK SERIES *1255107*V.12-55107—December 2012—400 Cover images: Left and right: ©Photodisc.com, Centre: ©iStockphoto.com/theprint UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS New York, 2012 © United Nations, December 2012. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Acknowledgements The Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders has been prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, criminologist at the University of the Fraser Valley, Canada. A first draft of theIntroductory Handbook was reviewed
    [Show full text]
  • Asylum and Immigration Tribunal
    PS (prison conditions; military service) Ukraine CG [2006] UKAIT 00016 Asylum and Immigration Tribunal THE IMMIGRATION ACTS Heard at Glasgow (Eagle Building) Determination Promulgated On 30 November 2005 On 22 February 2006 Prepared Before Mr N H Goldstein - Senior Immigration Judge Mr M E Deans - Senior Immigration Judge Between Appellant and SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation: For the Appellant: Mr A J Bradley, Solicitor. For the Respondent: Mr R Pattison, Home Office Presenting Officer. Prison conditions in the Ukraine are likely to breach Article 3 of the ECHR. This determination supersedes TV (Ukraine – Prison conditions) Ukraine [2004] UKIAT 00222. There is insufficient evidence to establish a real risk of Article 3 ill-treatment to conscripts and new recruits from the practice of dedovshchina (hazing) in the Ukrainian armed forces. DETERMINATION AND REASONS 1. The Appellant is a citizen of the Ukraine. He arrived in the United Kingdom on 14 December 2001 having been issued with a work permit. He was granted an extension of his work permit until 16 December 2003. He went back to the Ukraine on 10 January 2004 and returned to the United Kingdom on 31 January 2004. He was granted entry clearance to enter the United Kingdom on 21 January 2004. 2. It was subsequently discovered that the Appellant had lied in order to obtain further entry clearance and the Immigration Officer served him with Home Office Form IS81 curtailing his leave to enter. 3. The Appellant appealed against this decision and his appeal came before Mrs I A M Murray, Adjudicator, on 6 September 2004 and was dismissed.
    [Show full text]
  • Country Information and Guidance Ukraine: Background Information, Including Actors of Protection and Internal Relocation
    Country Information and Guidance Ukraine: Background information, including actors of protection and internal relocation Version 1.0 August 2016 Preface This document provides country of origin information (COI) and guidance to Home Office decision makers on handling particular types of protection and human rights claims. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the Nationality, Immigration and Asylum Act 2002. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the guidance contained with this document; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country Information The COI within this document has been compiled from a wide range of external information sources (usually) published in English. Consideration has been given to the relevance, reliability, accuracy, objectivity, currency, transparency and traceability of the information and wherever possible attempts have been made to corroborate the information used across independent sources, to ensure accuracy. All sources cited have been referenced in footnotes. It has been researched and presented with reference to the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), dated April 2008, and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, dated July 2012. Feedback Our goal is to continuously improve the guidance and information we provide. Therefore, if you would like to comment on this document, please email the Country Policy and Information Team.
    [Show full text]
  • Reducing the Excessive Use of Pretrial Detention
    A publication of the Open Society Justice Initiative, Spring 2008 Contents Foreword Mark Shaw 1 Pretrial Detention Overview Grand Ambitions, Modest Scale 4 In 2006, an estimated 7.4 million people around Todd Foglesong the world were held in detention while awaiting The Scale and Consequences of Pretrial Detention around the World 11 trial—a practice that violates international norms, Martin Schönteich wastes public resources, undermines the rule of Case Studies law, and endangers public health. This issue of Boomerang: Seeking to Reform 44 looks at the global over-reliance Pretrial Detention Practices in Chile Justice Initiatives Verónica Venegas and Luis Vial on pretrial detention and examines the challenges Catalyst for Change: 57 of reducing and reforming its use. The Effect of Prison Visits on Pretrial Detention in India R.K. Saxena On the Front Lines: Insights from 70 FOREWORD Malawi’s Paralegal Advisory Service Clifford Msiska Building and Sustaining Change: 86 Reducing the Excessive Pretrial Detention Reform in Nigeria Anthony Nwapa Use of Pretrial Detention Ebb Tide: The Russian Reforms 103 Mark Shaw of 2001 and Their Reversal Olga Schwartz The broad international consensus favors reducing the use of Frustrated Potential: The Short 121 pretrial detention and, whenever possible, encouraging the and Long Term Impact of Pretrial use of alternative measures, such as release on bail or person- Services in South Africa al recognizance. The aversion to pretrial detention is based Louise Ehlers on a cornerstone of the international human rights regime: Pathway to Justice: 141 the presumption of innocence afforded to persons accused Juvenile Detention Reform of committing a crime.1 International treaties and standards in the United States require policymakers to limit the use of pretrial detention.
    [Show full text]
  • Committee of Ministers
    COUNCIL OF EUROPE COMMITTEE OF MINISTERS SECRETARIAT / SECRÉTARIAT COMITÉ DES MINISTRES SECRETARIAT OF THE COMMITTEE OF MINISTERS CONSEIL DE l'.EUROPE SECRÉTARIAT DU COMITÉ DES MINISTRES Contact: John Darcy Tel: 03 88 41 31 56 Date: 31/01/2020 DH-DD(2020)94 Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1369th meeting (March 2020) (DH) Communication from the Ukrainian Helsinki Human Rights Union and reply from the authorities (02/01/2020) in the KATS AND OTHERS group of cases v. Ukraine (Application No. 29971/04) Information made available under Rules 9.2 and 9.6 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * * * * * * * * * Document distribué sous la seule responsabilité de son auteur, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1369e réunion (mars 2020) (DH) Communication de « Ukrainian Helsinki Human Rights Union » et réponse des autorités (02/01/2020) relative au groupe d’affaires KATS ET AUTRES c. Ukraine (requête n° 29971/04) [anglais uniquement] Informations mises à disposition en vertu des Règles 9.2 et 9.6 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables. DH-DD(2020)94: Rules 9.2 + 9.6 NGO & reply from Ukraine in Kats and Others. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers.
    [Show full text]
  • CMC Organised Crime Handbook
    THE CSDP HANDBOOK ON Advisory Support to Tackling Organised Crime 2019 Paulius Klikunas | Tanja Tamminen © CMC Finland, October 2019. All rights reserved, worldwide. CMC Finland CSDP Handbook Series, Vol. 1. 2019 Series editor: Jyrki Ruohomäki ([email protected]) ISBN: 978-952-67127-3-4 (nid.) ISBN: 978-952-67127-4-1 (PDF) ISSN: 2670-0166 Layout: PunaMusta Oy Cover design: Lea-Maija Laitinen The content of this handbook do not imply the expression of any opinion whatsoever on the part of CMC Finland. The CSDP Handbook on Advisory Support to Tackling Organised Crime Paulius Klikunas Tanja Tamminen CMC Finland A foreword from the publisher CMC Finland was founded in 2007 and it functions as a single agency, responsible for training and deploying Finnish crisis management experts and fulfilling their material and logistical needs. CMC Finland also works as an employer of Finnish secondees to civilian crisis management missions. Since the beginning, research and development (R&D) activities have been an integral part of the centre and, with the revised national legislation that came into effect this year, R&D is listed as equal to the other core responsibilities of the centre mentioned above. The R&D activities of the centre focus on not only improving the functions of the centre itself but also on reaching out to wider audiences and developing civilian crisis management globally. We have worked together with numerous national and international partners in R&D projects on topics such as Resolution 1325, gender and the effectiveness of crisis management. The results of these projects are disseminated not only academically but also through practice-oriented handbooks, checklists and manuals.
    [Show full text]
  • 2008 Harm Reduction Developments
    Harm Reduction Developments 2008 Countries with Injection-Driven HIV Epidemics International Harm Reduction Development Program (IHRD) Copyright © 2008 by the Open Society Institute All rights reserved, including the right to reproduce this book or portions thereof in any form. Cite as: IHRD (2008). Harm Reduction Developments 2008. New York: International Harm Reduction Development Program of the Open Society Institute. Published by Open Society Institute 400 West 59th Street New York, New York 10019 USA www.soros.org For more information, contact: International Harm Reduction Development Program Open Society Institute www.soros.org/harm-reduction Telephone: 1 212 548 0111 Fax: 1 212 548 4617 Email: [email protected] Writing and Editing by: Brandel France de Bravo, Matt Curtis, Elizabeth Eagan, Ari Korpivaara, Will Kramer, Sophie Pinkham, Paul Silva, and Daniel Wolfe Design by Michael Winikoff, Andiron Studio Printed in the United States of America by Gist and Herlin Press (GHP) Cover photo by Lorena Ros: Needle exchange site in St. Petersburg, Russia Additional photography: Courtesy of All-Ukrainian Network Courtesy of Monar na Bajzlu (36, 73) of People Living with HIV (26) Guang Niu/Getty Images (46) Courtesy of Asia Regional HIV/AIDS Project (14) Isolde Osipaishvili (35) Matt Curtis (22, 59) Lorena Ros/Panos for Open Society Institute Richard Elovich (31, 50, 66) (10, 16, 21, 28, 39, 62, 78) Jeff Hoover (60, 69) Courtesy of Rumah Cemara (25, 56) Sergei Maksimov (6) Marina Smelyanskaya (77) Justyna Mielnikiewicz/EVEphotographers (12)
    [Show full text]
  • Guide for U.S. Citizens Arrested Abroad
    U.S. EMBASSY KYIV, UKRAINE CONSULAR SECTION, AMERICAN CITIZEN SERVICES GUIDE FOR U.S. CITIZENS ARRESTED IN UKRAINE Officers of the U.S. Department of State and U.S. embassies and consulates overseas are prohibited by 22 CFR 91.81 from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens abroad. U.S. Department of State personnel, including its attorneys, do not provide legal advice to private citizens. Any information relating to conditions within a specific foreign country is provided as a courtesy, for general information only, and does not constitute legal advice. The Department of State makes no representation regarding the accuracy, completeness, or timeliness of this information. Questions about foreign laws and legal systems should be addressed to appropriate foreign attorneys. Initial Arrest Information If a U.S. citizen is arrested in Ukraine, he or she should ask the local authorities to immediately notify the U.S. Embassy. According to the 1964 Bilateral Consular Convention between the United States and the Soviet Union, from which Ukraine is a successor state, Ukrainian authorities must notify the Embassy of the detention of a U.S. citizen within 72 hours of the confinement. The Embassy must be granted access to an imprisoned U.S. citizen within 96 hours after detention. Any person including foreigners has the right to be represented by either a private or a state attorney. If you intend to employ a private lawyer it is advisable to do so as early as possible. In case of a lengthy absence of the chosen lawyer, the investigator and the court can appoint one.
    [Show full text]