REPORT AND RECOMMENDATIONS

Amnesty International report cites human rights failings of Ukraine


GENEVA - An Amnesty International report issued on October 15 and presented to the United Nations Human Rights Committee that day documents the continued ill-treatment and abuse of arrested persons and prisoners in Ukraine, as well as curtailment of freedoms of expression and the press 10 years after the country emerged as an independent state.

The report does, however, emphasize at the onset that Ukraine has made considerable progress in removing the vestiges of Soviet rule and moving toward democratic norms and standards.

"While there has certainly been some progress during the past decade with the abolition of the death penalty, Ukrainian authorities still have much to do to improve the human rights situation in the country," Amnesty International added.

Ukraine came under the international spotlight as the U.N. Human Rights Committee scrutinized its human rights track record, starting on October 15 in Geneva. In mid-November the U.N. Committee Against Torture will review Ukraine's record.

An Amnesty International press release noted that the renowned human rights organization is concerned that allegations of torture and ill-treatment of detainees by law enforcement officials persist. Reports received include allegations that detainees have been hit and kicked or struck with various objects. Victims of torture and ill-treatment have suffered serious injury, sometimes resulting in death.

Detainees are often refused prompt access to legal counsel and not allowed to inform relatives of their detention and arrest. Furthermore, some detainees have reportedly been subjected to torture and ill-treatment in order to elicit a "confession," according to Amnesty International.

The report cited the case of one detainee in the town of Yenakievo in November 1998, who related how he was tortured to sign such a "confession." He said that his wrists were handcuffed under his knees. A length of wood was slotted in between his arms and chest, after which he was lifted up by the length of wood by several officers and hung between two tables. Police officers proceeded to punch and kick him while he was painfully suspended in this state.

"Ukraine's real commitment to human rights must be questioned," Amnesty International said. "When formal complaints have been lodged and investigations opened in cases of alleged torture or ill-treatment by police officers, they have been slow, frequently lacking in thoroughness and often inconclusive. The impartiality of a significant number of investigations is also in doubt."

Brutality also is widespread in Ukraine's armed forces, where soldier-on-soldier violence persists in the form of hazing, said Amnesty International. Officers of the armed forces continue to tolerate, permit and sometimes participate in the hazing of recruits, which has resulted in beatings, torture and death.

"Recruits have sometimes chosen suicide or desertion in order to escape their torture and ill-treatment," the report noted. Freedom of expression in Ukraine also has come under increased pressure in recent years. Editors of independent newspapers and television companies have complained of being repeatedly subjected to tax audits, as well as sanitary and fire checks by the authorities in an apparent attempt to stifle their work. Similarly, the authorities have resorted to the charge of criminal libel in a significant number of occasions, apparently in order to silence critical journalism.

"Press freedom has also been curtailed through overt forms of harassment and intimidation, whereby journalists have been physically attacked by unknown assailants, sometimes resulting in death. The circumstances surrounding many of these attacks remain unresolved and only occasionally have those responsible been brought to justice," Amnesty International said.

In the past year, allegations of state involvement in the disappearance of investigative journalist Heorhii Gongadze, and the apparent failure of the Ukrainian authorities to promptly and impartially investigate the incident have resulted in both domestic and international concern.

In its report Amnesty International makes a number of recommendations, urging Ukraine's authorities to take immediate steps to guarantee the integrity of its citizens and ensure that torture or ill-treatment are not tolerated and those found responsible are held accountable.

The organization has also called on the Ukrainian government to ensure that news media are not subjected to arbitrarily applied legal measures and to put an end to imposing professional bans on journalists.

"Ukraine must fully implement its various international human rights obligations in order to really signify its departure from the past," Amnesty International said.


Copyright © The Ukrainian Weekly, October 28, 2001, No. 43, Vol. LXIX


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