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Human Rights in the Activity of the Ukrainian Police – 2013

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Human Rights in the Activity of the Ukrainian Police – 2013 Content Victor Chuprov Chapter 1. Observance of the right to life in the activity of police………………………...……1-11 Victor Chuprov Chapter 2. Illegal violence and cruel treatment………………………………………………...12-26 Victor Chuprov Chapter 3. Observance of the right to freedom and personal security…………………….……27-43 Maryna Tsapok Chapter 4. Freedom of assembly and police – chronicles of confrontations……………...……44-56 Olha Vilkova. Natalia Kozarenko Chapter 5. Guarantees of the right to protection in law enforcement……………..……………57-74 Serhiy Shvets Chapter 6. Observance of a right to property in law enforcement in 2013…………….………75-84 Serhiy Shvets Chapter 7. Observance of rights of drug dependent persons in law enforcement…………...…85-97 Serhiy Shvets Chapter 8. Observance of the right to privacy in law enforcement………………...…………98-113 Volodymir Batchaev Chapter 9. Combating corruption in Ukraine: corruption in internal affairs authorities….…114-127 Maryna Novikova Chapter 10. Rights of internal affairs officers. Gender equality in the activity of the Ministry of Internal Affairs ……………………………………………………………………………….128-143 Volodymir Batchaev Chapter 11. Observance of rights of immigrants in the context of the activity of State Migration Service and Ministry of Internal Affairs of Ukraine………………………………….………144-162 Uliana Shvets Chapter 12. Observance of a human right to access public information in the activity of internal affairs authorities of Ukraine…………………………………………………………….……163-174 Petro Hryban Chapter 13. Administrative services of State Automobile Inspection………….……………175-185 Yuriy Chumak Chapter 14. Observance of Roma rights in the activity of internal affairs authorities………186-198 Observance of the right to life in the activity of police Life of a person is a special form of human existence (human body), which is characterized by integrity and ability to self-organize; this is the most important thing that in case of death cannot be renewed. Value of life is hard to underestimate, therefore the legislation of each state shall ensure maximum protection of a human life. Any constitutional state tries to constantly improve the system of mechanisms of protection of a human life starting from the development of a modern medicine to the creation and development of institutions and instruments of protection of a person from illegal encroachments of others. The right to life is a fundamental human right and is the right that provides for realization of fundamental democratic values. ThО UnivОrsal DОМlaration oП Human Rights (art.3) rОaНs that: “Everyone has the right to life, liberty and security of person”1. Art.6 of the International Covenant on Civil and Political Rights says that “this right shall be protected by law and no one shall be arbitrarily deprived of his life”2. National legislation, particularly, the Constitution of Ukraine (art.3), emphasizes that “a person, person’s life and health, honor and dignity, inviolability and security shall be considered the highest social value in Ukraine”3 and «each person has inalienable right to life. No one shall be arbitrarily deprived of his life»4 (art. 27). AММorНing to thО Civil CoНО oП UkrainО it is ПorОsООn that “a pОrson has an inalienable right to life, a pОrson Мannot bО НОprivОН oП his liПО”5 (art. 281). Besides that, the same article gives a pОrson thО right to protОМt himsОlП: “A person has the right to protect his life and health as well as the life and health of another person from illegal encroachments using any means not forbidden by the law”. State guarantees that ensuring the right of a person to life lies in the creation of appropriate mechanisms for its realization. Ensuring – is applying effective measures to implement declared provisions in reality. The legislation of Ukraine designates a certain state body which mandate includes the protection of a human life. AММorНing to artiМlО 1 oП thО Law oП UkrainО “On PoliМО”, “police in Ukraine is a state armed executive authority protecting life, health, rights and freedoms of citizens, property, natural environment, interests of society and state from illegal encroachments”6. It is not right to say that only police is obliged to protect the right to life in Ukraine but taking into account that it is the police that has firearms to do that and the mandate to use it, it carries probably the biggest responsibility before the society for the level of protection of a human life in our country. In general, human rights can be divided into positive and negative which in turn put positive and negative obligations upon a state, police in particular, to ensure the realization of this right. A positive obligation of police in realization of the right to life lies in taking measures to prevent criminal encroachments on person’s life as one of the fundamental rights. 1 Official portal of the Verkhovna Rada of Ukraine. Legislation. http://zakon4.rada.gov.ua/laws/show/995_015 2 Official portal of the Verkhovna Rada of Ukraine. Legislation. http://zakon4.rada.gov.ua/laws/show/995_043 3 Official portal of the Verkhovna Rada of Ukraine. Legislation. http://zakon2.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80 4 The same. 5 Official portal of the Verkhovna Rada of Ukraine. Legislation. http://zakon4.rada.gov.ua/laws/show/435-15/page6 6 Official portal of the Verkhovna Rada of Ukraine. Legislation. http://zakon1.rada.gov.ua/laws/show/565-12 1 In this context a particular importance gains prevention. Contrary to other human rights – the right to life cannot be renewed and that is why the most effective investigations and punishments of guilty do not allow to renew this right (bring the life of a person back). Systematic attacks on human life, unfortunately, is a common thing for our state. Crimes against life are most dangerous and the most strict punishment is foreseen for their commitment. The second section of the special part of the Criminal Code of Ukraine7 foresees the responsiblity for crimes against life and health of a person. In particular, for murder, bringing to suicide etc. Another effort of state to improve the situation with human rights observance, particularly to life, was the enactment on 20 November 2012 of the new Criminal Procedure Code of Ukraine8. Negative obligations of the state with regard to observance of a human right to life shall be understood as an obligation not to prevent the realization of this right – not to deprive of life. However there can be situations (circumstances) when a state has a legal right to deprive a pОrson oП liПО, sinМО unНОr МОrtain МirМumstanМОs this is “nОМОssary”. ThОsО situations inМluНО self-defense or protection of ther persons from unlawful violence; arrest or prevention of escape of a person during legal detention; legitimate quelling a riot or insurrection. According to the Convention for the Protection of Human Rights and Fundamental Freedoms9, in particular part 2 of artcle 2, deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absulutely necessary: a. in defence of any person from unlawful violence; b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c. in action lawfully taken for the purpose of quelling a riot or insurrection. ThО Law oП UkrainО “On PoliМО” НОПinОs МlОar tasks whiМh arО НirОМtly МonnОМtОН with thО realization by the state of a positive obligation concerning the observance of a human right to life: ensuring personal security of citizens, protection of their rights, freedoms and legal interests; prevention of violations and their termination; security and ensuring civil order; detection of criminal violations; participation in disclosure of criminal offenses and search persons who committed them in the manner defined by the criminal procedure legislation; ensuring traffic security etc. Realization of a positive obligation of police in observance of a human right to life The shortest phrase that can characterize the positive part of obligation of the state in ensuring a right to liПО is thО Пollowing: “OnО НoОs not nООН monОy not to kill”. HowОvОr in UkrainО МasОs when people die because of police actions (inaction) surprise no one. Most deaths caused by police actions (inaction) occur during the pre-trial proceedings when people are at places of detention (cabinets of police officers, rooms for detained and delivered, temporary detention centers and other closed facilities). 7 Official portal of the Verkhovna Rada of Ukraine. Legislation. http://zakon4.rada.gov.ua/laws/show/2341-14/page3 8 The same. http://zakon2.rada.gov.ua/laws/show/4651-17 9 The same. http://zakon2.rada.gov.ua/laws/show/995_004 2 Contrary to past years, today we can receive official information on offenses, committed by law enforcement officers, particularly deaths caused by them. Such statistics is open on the ProsОМutor GОnОral’s OППiМО oП UkrainО wОbsitО10. Another thing is how true such statistics is. Analysis of information from independent and always open sources – mass media information – can help find the answer to this question. General number of criminal proceedings against law enforcement officers in which pre- trial investigation is over (for 9 months 2013). Table 2. Criminal Petitions to the court proceedings on Criminal for the release from idictment directed proceedings closed criminal liability to the court Criminal offenses committed by law enforcement officers Including Against With regard item 1-3 of total how many Total to a number Toal part 1 of persons of persons article 284 of the CPC Internal affairs authorities 429 547 8 9 10 747 10 729 Officers of penitentiary system 72 76 537 536 State revenue service 68 75 4 4 533 533 Officers of other law 63 70 106 106 enforcement authorities Officers of state forestry service 58 60 1 1 35 34 Border service 28 35 158 158 Officers of the State fishery 10 12 15 15 service Officers of State Financial 4 5 7 7 Inspection Border security officers 2 2 14 14 Prosecution authorities 1 1 421 421 Security service of Ukraine 1 1 72 72 Officers of Military Police of the Ukrainian Military Forces Total 736 884 13 14 12 645 12 625 10 OППiМial wОbsitО oП thО ProsОМutor GОnОral’s OППiМО.
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