HUMAN RIGHTS IN UKRAINE — 2014 • HUMAN RIGHTS ORGANISATIONS REPORT UKRAINIAN HELSINKI HUMAN RIGHTS UNION KHARKIV “HUMAN RIGHTS PUBLISHER” 2015 УДК 342.7.03(477)=111 ББК 67.9(4Укр)400.7 In preparing the cover, П68the work «The unbearable burden of enlightenment» of Alex Savransky was used (www.petik.com)Designer Boris Zakharov General Edition Oleh Martynenko, Yevhen Zakharov This edition has been published The views and interpretations presented in this publication with the financial assistance of the Swedish Government. not necessarily reflect the official position of the Swedish Government Supported by a grant from the Foundation Open Society Institute in cooperation with the Human Rights Initiative of the Open Society Foundations Human Rights in Ukraine — 2014. Human rights organisations report / П68 Editors: O. Martynenko, Y. Zakharov / Ukrainian Helsinki Human Rights Union. — Kharkiv: LLC “Publishing Human Rights”, 2015. — 324 p. ISBN 978-617-7266-29-6 This book considers the human rights situation in Ukraine during 2014, it is based on studies by various non-governmental human rights organizations and specialists in this area. Each unit con- centrates 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 en- courages 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 theУДК overall 342.7.03(477)=111 situation. ББК 67.9(4Укр)400.7 © Compiled by Arkadiy Bushchenko, Oleh Martynenko, 2015 © Ukrainian Helsinki Human Rights Union, 2015 © ISBN 978-617-7266-29-6 Cover design by Boris Zakharov, 2015 FROM THE EDITORS This report focuses on the human rights situation in Ukraine in 2014. It contains a “Civic Assessment of government policy in the area of human rights” and an in-depth analysis of specific aspects of the human rights situation during the period in question. The Ukrainian Helsinki Human Rights Union (UHHRU) and the Kharkiv Human Rights Protection Group (KHPG) 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 «National Assembly of Disabled Persons of Ukraine»; — The All-Ukrainian Charitable Foundation “The Right to Protection”; — The All-Ukrainian Public Organization «Committee of Voters of Ukraine»; — The Civic Organization «Kharkiv Human Rights protection group» (KHPG); — The Civic Organization Center «Social Action» (Kyiv); — The Civil Network «Opora» («Reliance»); — The Institute of Legal Research and Strategies (Kharkiv); — Institute for Religious Freedom (Kyiv); — Institute of Philosophy named after G. S. Skovoroda; — The International Women’s Human Rights Center «La Strada — Ukraine»; — The Center for Civil Liberties (Kyiv); — The Centre of Law Enforcement Activities Research; — The Center for Law and Political Research «SiM» (Lviv); — The Center for Political and Legal Reform (Kyiv). used here: The authors and co-authors of particular units, as well as the researchers of material Olena Ashchenko, Andriy Beh, Dementiy Belyy, Alexei Bobrov, Natalia Bochkor, Kateryna Borozdina, Oleksandr Bukalov, Vadym Chovgan, Andriy Dydenko, Iryna KaterynaFedorovych, Levchenko, Svetlana Gannushkina, Maryna Lehenka, Vitalii Gren,Larysa Yevhen Mahdiuk, Grygorenko, Roman Maryana Marabyan, Evsiukova, Oleh Olha Kalashnyk, Denis Kobzin, Ludmyla Kovalchuk, Roman Kuibida, Oleksandr Lapin, Svyrydova,Martynenko, Mykhaylo Oleksandra Tarakhkalo, Matviichuk, Gennadiy Valentina Tokarev, Mudrik, RuslanAndriy Pen’kov,Topolevsky, Andriy Olga Rokhansky, Tseitlina, Yurii Reshetnikov, Vsevolod Rechytsky, Olena Riha, Tetiana Ruda, Olexandr Sagan, Darya Maksim Shcherbatyuk, Maksim Vasin, Dmytro Vovk, Irina Yakovets, Volodymyr Yavorsky, Olexander Zaets, Yana Zaikina, Borys Zakharov, Yevhen Zakharov. 3 This report would not have been possible without the support and assistance of Kateryna Halenko, Les Herasymchuk, Volodymyr Hlushchenko, Ksenia Karagyaur, Anna Kolesnyk,Maria Avdeeva, Vitaliy Larysa Kuchinskiy, Bayda, Iryna Halya Lukyanenko, Coynash, OlegVolodymyr Miroshnichenko, Derkachov, Eduard Irayida Paramonov, Fesenko, Shatokhin, Maria Shutaliova, Olena Stepanova, Victor Stoliarenko, Vitaly Svyatsky, Marina Maksym Petrov, Mariia Polishuk, Serhiy Polishuk, Darya Rublinetsky, Alex Savransky, Oleg Visotska, Elinna Yakovleva, Hanna Yushchenko, Borys Zakharov. We would like also to express our the Swedish Government and “Open Society Foundations”,This edition who has provided been published financial with assistance supported for the by preparationthe Swedish of Agency this Report. Inetrnational Development and “Open Society Foundations”. The views of the authors do not necessarily reflect the official position of the Swedish GovernmentArkadiy and “Open Bushchenko, Society Oleh Foundations”. Martynenko 4 Part I CIVIL ASSESSMENT OF GOVERNMENT POLICY IN THE AREA OF HUMAN RIGHTS • HUMAN RIGHTS IN UKRAINE FROM MARCH THROUGH NOVEMBER 2014: MAIN TRENDS Human Rights in Ukraine from March through November 2014: main trends1 Overview The incompatibility of domestic policy with the interests of Ukrainians resulted in open confrontation with the government after giving up of integration with the United Europe, arrangementwhich initially exercised was going its off natural peacefully, right, but nowhere after the provided use of force for byby thethe governmentUkrainian legislation, and killing of peaceful protesters it turned into an armed clash. The Ukrainian people without prior specifically the right to revolt against a political regime that had seized power using it only for its own enrichment and subjecting all its opponents to repression in flagrant violation of human rights and fundamental freedoms. Once again the Ukrainians demonstrated that for manyThe of spiritthem offreedom, Maidan, justice, the desire honor for and changes dignity largely were determinedmore valuable the than actions their of ownthe newlife. administration,These events were which called was in formed Ukraine after and thein the victory world and, “the no revolution doubt, had of dignity”.a positive intention to reform the country, particularly in the field of human rights. However, the occupation of the Crimea by Russian troops, artificially organized separatist movements in the East, which gradually turned into an armed aggression, and full-scale military conflict with changesRussian inFederation legislation in and the practice, Donetsk which and withLuhansk some Oblasts exceptions relegated were observed human rights also aggravated issues to the background. At the best, their solution was postponed to future peacetime, at worst, the In general, we can state that the new administration often neglected the supremacy of the current state of implementation of human rights and fundamental freedoms. Law and violated the Constitution guided by political expediency. In the first days after the Accordingvictory these to violationsthe Constitution, could be in justified: the absence the revolutionof the President, always breaksthe head the of old the legal Verkhovna system and creates a new one. The rapid actions were required to establish the state manageability. the head of the SSU, dismiss and appoint the heads of oblast state administrations, nominate Rada of Ukraine executing his duties cannot appoint the ministers of defense, foreign affairs, the Prime Minister for election and so on. However, it was impossible to leave the country without1 bodies of power, and those actions were indispensable. But nobody can play fast and Prepared by Yevhen Zakharov, Director of KHPG. 7 Part I. CIVIL ASSESSMENT OF GOVERNMENT POLICY IN THE AREA OF HUMAN RIGHTS loose with the Constitution and laws for the sake of political expediency! Nevertheless just The Law of Ukraine “On the renewal of certain provisions of the Constitution of this took place. Ukraine” adopted on February 21 violated the Constitution. Article 85 of the active Constitution of Ukraine (valid at the time of adoption of this Act), which contained a list of parliamentary authority did not provide for any opportunity for “renewal of <...> the Constitution of Ukraine” by a single parliamentary vote. According to Art. 85 of the Basic withinLaw, the the full limits powers and of inthe compliance Verkhovna withRada theof Ukraineprocedure (in termsstipulated of possible in Title amendments XIII of this to the Basic Law) include “…introduction of amendments to the Constitution of Ukraine Constitution”. It is obvious that this procedure is exceptional in its procedural parameters, changelengthy the and constitutional complex. order in Ukraine shall belong exclusively to the people and shall not In addition, as stated in Art. 5 of the Constitution of Ukraine, “the right to determine and sense suggests, meaning that all changes to the Constitution comprising or substantially be usurped by the State, its bodies, or officials.” The latter, as the formal logic andonly common by the affectingThis provision the elements underlined of the constitutional in his time by orderBohdan of FuteyUkraine should should be beconsidered approved universally people at a national referendum. Court, under any other conditions, to disagree