NewsOne Journalist Attacked, Search for "Kremlin Agents" and Prohibition of Parties. Review of Violations of Civic and Political Rights in Ukraine 17-23 September 2018

1. @ The review of Violations of Civic and Political Rights in Ukraine
was prepared by the Ukrainian human rights platform "Uspishna varta"
17-23 September 2018
NewsOne Journalist Attacked, Search for "Kremlin Agents" and Prohibition of Parties
Review of Violations of Civic and Political Rights in Ukraine 17-23 September 2018
We'd like to start by sharing with you the update on the important things Uspishna Varta human rights platform
did last week..
First, we summarized and expressed our
gratitude to OSCE Office for Democratic
Institutions and Human Rights, OSCE
Representative on Freedom of the Media and
all OSCE institutions for the high level of
organization and conduct of annual OSCE
Human Dimension Implementation
Meeting (HDIM), which took place in
Warsaw between 10 and 21 September 2018.
In the framework of HDIM 2018, Uspishna
Varta human rights platform organised several
events and public performances in support of
the human rights in Ukraine. These included
not only Freedom of Speech and Opinion in Ukraine: Threats and Opportunities side event, but also remarks
of our representatives at plenaries, as well as several written statements and recommendations distributed
among the participants of the meeting. You can read more about the results of Uspishna Varta HDIM 2018
here.
We didn't waste time in Ukraine either. Uspishna Varta human rights platform filed a complaint to Pechersky
Rayon Court in Kiev against the Prosecutor General's Office of Ukraine failure to act in the form of non-
entering of information on criminal offence committed by parliamentary speaker Andrey Parubiy under
Article 436-1 of the Criminal Code of Ukraine (Production, Dissemination of Communist, Nazi Symbols and
Propaganda of Communist and National-Socialist (Nazi) Totalitarian Regimes) into the United Register of Pre-
Trial Investigations. It should be reminded that on 3 September 2018, speaking at Svoboda Slova talk show at
ICTV TV channel, Verkhovna Rada Speaker Andrey Parubiy named Nazi dictator Adolf Hitler the
biggest practitioner of direct democracy. More details here.
We also filed a report to Prosecutor General of Ukraine Yuri Lutsenko regarding criminal offences committed
by law enforcement officers in collusion with Myrotvorets site director Roman Zaitsev and other unidentified
individuals, who administer the said site, in the form of unauthorized dissemination of personal data of
Uspishna Varta staff members Natalia Natalina and Tatiana Galonza. As the said personal data were not
previously published in open sources, human rights activists believe they were gathered with assistance from
law enforcement agencies using relevant police and SBU databases. More details here.
We hope our efforts will bring at least some more rule of law and respect for human rights in Ukraine.
Regrettably, human rights activists continued the fixation of their violations in Ukraine last week.
FREEDOM OF SPEECH AND OPINION
On 19 September 2018 Fiona Frazer, the Head of the U.N. Human Rights Mission to Ukraine, presented
the Report on the human rights situation in Ukraine for the period between 16 May and 15 August 2018. 32
violations were registered, along with infringement of rights of 23 media representatives and civic activists.
This represents a 210% increase in comparison with the previous reported period (February-May 2018). UN
noted that the police protracted the investigations of attacks against civic activists and media representatives.

2. @ The review of Violations of Civic and Political Rights in Ukraine
was prepared by the Ukrainian human rights platform "Uspishna varta"
17-23 September 2018
On 17 September, on the eve of the report
presentation, Darina Bilera, a journalist of
NewsOne TV channel, was attacked as she
was providing live coverage of the storming of
the Office of Prosecutor General of Ukraine
by representatives of right-wing radical
organizations C14, Bratstvo and Nazionalny
Korpus. Eggs and ice were thrown at the
NewsOne journalist as she was live on air
covering the scene. After that, a female
protester hit the journalist in her face. Artem Shevchenko, Head of Communications Directorate at the
Ukrainian Ministry of Interior, refused to comment on the attack against NewsOne journalist "because of the
channel's editorial policy". The attacker was identified as Olena Slyusar. Journalists published her photo, and
the attack was captured on video. Notwithstanding this, the police brought no charges. Later on, Dmitriy
Korchinsky, leader of Bratstvo right-wing radical group, published a Facebook post threatening Darina Bilera.
OSCE Representative on Freedom of the Media Harlem Désir twitted that the attack against journalist
Darina Bilera was unacceptable, and called on the Ukrainian government to investigate the incident.
Instead of an investigation, on 20 September 2018 the National Council of Ukraine for TV and Radio
Broadcasting ordered unscheduled on-site inspection of NewsOne. The declared reason of the inspection
were alleged violations of paragraph 1 of article 28 of the Law of Ukraine on Information, and "dissemination
of hate speech".
Other media companies in Ukraine also complained about pressure from government and law
enforcement agencies. Thus, on 18 September 2018 Strana.ua Internet newspaper published an
investigation of intimidation of its journalist Vyacheslav Seleznev by an SBU officer. The journalist took
pictures of a villa belonging to President Petro Poroshenko in Marbella, Spain, in May 2018. The SBU officer
demanded from the journalist to inform him about the developments inside the editorial office.
"1+1" TV channel claimed that its journalists were attacked by hackers. According to the statement at
the channel's website, the perpetrators attempted to gain access to phones, messengers and social network
personal pages of representatives of the department of journalist investigations, in particular, Alexander
Dubinsky, host of Groshi show, Maxim Shilenko, head of the department of journalist projects, and other
journalists. 1+1 connects the attack to the approaching presidential and parliamentary elections; investigations
of high-level officials were named among the reasons behind the attack.
Kiev Court of Appeals upheld partially the complaint of Radio Liberty journalist Natalia Sedletskaya
regarding the order of Pechersky district court, under which the Prosecutor General's Office of Ukraine was
granted access to phone data of the journalist for the last 18 months. The court of appeals cancelled the order
and issued a new one, providing the Prosecutor General's Office with smaller volume of phone data of Ms.
Sedletskaya.
New legislative initiatives were voiced at the Verkhovna Rada of Ukraine; they may be used for
pressure on opposition media on the eve of 2019 elections.
Thus, People's Front faction announced a draft law on the registration of "foreign agents" in Ukraine.
Maxim Burbak, the faction leader, announced the draft at the meeting of parliamentary coordination board. He
believes that mass media and nongovernmental organizations recognized as "foreign agents" will have to inform
Ukrainians regularly that they act in Russia's interests.

3. @ The review of Violations of Civic and Political Rights in Ukraine
was prepared by the Ukrainian human rights platform "Uspishna varta"
17-23 September 2018
While delivering his annual address to the
parliament on 20 September, President Petro
Poroshenko also demanded the registration
of "agents of influence" of the aggressor state.
Speaking about the threats related to the
approaching presidential and parliamentary
elections, Petro Poroshenko mentioned the
threat of revanche. "Regrettably, the Ukrainian
political chessboard contains figures that allow
Moscow to move them. In the four years,
we've restored not only the army, but also the
intelligence, therefore,we have not approximate, but quite precise understanding of the Kremlin's plans",
Poroshenko said.
Journalists and experts assume that Poroshenko wants to close NewsOne TV channel and other
opposition media under the pretext of fighting against "Kremlin agents".
FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY
Limitations on freedom of association and assembly for political parties in Ukraine must be removed
to ensure political pluralism and the principle of competitiveness at the future presidential and
parliamentary elections in Ukraine. Several political parties in Ukraine, mostly in opposition to the
incumbent Ukrainian government, inform that they face difficulties in registration of their statutory documents
and/or registration of decisions by party assemblies by the Ministry of Justice, as required to take part in the
elections. In addition, opposition parties face systematic attacks by right-wing radical groups in various regions
of Ukraine, while the police refuses to investigate the incidents of aggression or don't qualify them as
prevention of activity of political parties and civic organizations.
Meanwhile, the first hearing of District Administrative Court of Kiev in a lawsuit filed by the Ministry of Justice
of Ukraine to ban Uspishna Kraina party took place on 20 September 2018. More details about this case
here. The Office of Prosecutor General's of Ukraine and the Security Service of Ukraine are third parties in the
process. As the prosecutors failed to confirm their authority, the court delayed the hearing until November.
The Ministry of Justice's suit is based on a letter by Deputy Prosecutor General - Chief Military Prosecutor
Anatoly Matios. Earlier, Uspishna Kraina party published its official statement, in which the interference of
the military prosecutor's office into the operations of a political party is called direct violation of the basic
principles of the Constitution of Ukraine, as the military prosecutor's office has no rights to allow or ban
operations of civic associations and political parties.
Representatives of right-wing radical group C14
disrupted a meeting of Women for Peace
association in Zhitomir on 21 September 2018. As
local journalists reported, several dozens of people,
including C14 representatives, entered the room, and
some climbed on stage. Patrol police arrived at the
scene. Women for Peace association is chaired by
people's deputy Natalia Korolevskaya (Opposition
Block).
Several civic activists were also attacked last
week. Thus, Oleg Mykhaylik, a civic activist and
the chair of Odessa branch of Syla Lyudei, was shot at by unknown attackers in Odessa on 22
September 2018; he repeatedly voiced his opposition against the city leadership. The police qualified the
incident as attempted murder (Articles 15 and 115 of the Criminal Code of Ukraine).

4. @ The review of Violations of Civic and Political Rights in Ukraine
was prepared by the Ukrainian human rights platform "Uspishna varta"
17-23 September 2018
Ultra-right nationalists attacked representatives of anarchist organization Chorny Stiag in Lviv on 23
September 2018, inflicting heavy stab wounds. Anton Parambul, a representative of Chorny Stiag, reported the
incident to journalists. One of the victims received a heavy head wound and was stabbed in his chest. Parambul
reported that he saw Nazionalny Korpus T-shirts on some attackers. Yevgeniy Karas, C14 leader, publicly
justified the attackers because the victims were anarchists.
FREEDOM OF RELIGION
Kiev Pechersk Lavra monastery is
threatened with seizure on October 14. The
threats were reported by Metropolitan Pavel,
vicar of the monastery. According to the
information and enlightenment department of
the Ukrainian Orthodox Church, a petition to
take away the monastery from the Ukrainian
Orthodox Church wasput forward at the
Cabinet of Ministers' website. Earlier,
Metropolitan Anthony, Chancellor of the
Ukrainian Orthodox Church, said that
"nationalist groups received instructions to organize provocations towards Kiev Pechersk and
Pochayev Lavras on 14 October". The hierarch cited Filaret, the leader of Kiev Patriarchy, who claimed that
the seizure of monasteries of the Ukrainian Orthodox Church would be the first thing the autocephalous church
of Ukraine do in case of creation. Immediately after these statements, Metropolitan Pavel was put into the lists
of Myrotvorets website.
The Office of the United Nations High Commissioner for Human Rights documented 6 attacks against
temples of the Ukrainian Orthodox Church between 16 May and 15 August 2018. For instance, "FSB
Division" inscriptions were made at the doors of three churches in Odessa on 5 August 2018. The police started
criminal investigations of two of these incidents, the Office reported.
We recommend the following video (on Russian) dedicated to the Ukrainians' right to freedom of religion and
the driving force behind the "religious wars" in Ukraine.
HATE SPEECH, XENOPHOBIA AND DISCRIMINATION
On 18 September 2018 Lviv Oblast Council supported the motion by Svoboda deputy R. Koshulinsky,
which introduced a moratorium on the use of Russian cultural product in the territory of Lviv Oblast.
In the opinion of Uspishna Varta human rights activists, the decision contradicts Article 10 of the Constitution
of Ukraine, which guarantees free development, use and protection of Russian and other languages of ethnic
minorities of Ukraine. In addition, it remains unclear a moratorium on what exactly was established by deputies
of Lviv Oblast Council. There's no definition of a "Russian language cultural product in any form" whatsoever.
Article 1 of the Law of Ukraine on Culture contains only the definition of domestic (national) cultural product,
namely, cultural benefits and cultural values created (provided) by a domestic producer. There are no other
products covered by the Law. You can read the opinion regarding "the prohibition of Russian cultural product"
voiced by some of civic activists of Lviv here.

5. @ The review of Violations of Civic and Political Rights in Ukraine
was prepared by the Ukrainian human rights platform "Uspishna varta"
17-23 September 2018
MONITORING OF HUMAN RIGHTS CASES
On 18 September 2018, Starobelsk Court of
Lugansk Oblast had to hearing of Alexander
Yefremov case. Mr. Yefremov is a Ukrainian
politician accused by the prosecution of
violations of several articles of the Criminal
Code of Ukraine, including the infringement
of Ukraine's territorial integrity, organizational
and other accessory to the establishment and
activity of Lugansk People's Republic terrorist
organization, and the organization of seizure
of the building of the Lugansk Oblast State
Administration. The hearings of his case took
place whole week. Initially, the prosecution
submitted 28 volumes of evidence to the court, but renounced more than a half of its charges during the
hearings. At the fifth hearing this week, two witnesses were interrogated, and video recordings were examined.
A huge number of videos was excluded by the court as these videos had absolutely no relation to the charges
brought against Alexander Yefremov. You can read more about Alexander Yefremov's case here.
Court hearings of cases against Ukrainian journalists charged on so called "separatist" articles will continue this
week.
Hearings of the case of Pavel Volkov will take place in Zaporozhye on 25 and 26 September 2018. He
was arrested on 27 September 2018 and remains in custody without a bail since then. He is charged under two
extremely grievous articles of the Criminal Code of Ukraine because of his journalist activity: Articles 110-2
and 258-3 (infringement of Ukraine's territorial integrity and other accessory to terrorism).
Zhitomir court will continue the examination of the case of journalist Vasily Muravitsky on 28
September 2018. Mr. Muravitsky was arrested by SBU on 2 August 2017 on charges of treason. In addition,
he is charged with accessory to terrorism, infringement of Ukraine's territorial integrity and violation of equality
of citizens based on their race, ethnic origin or religion. Under these articles, Mr. Muravitsky can be imprisoned
for up to fifteen years.
***
You can contact Uspishna Varta human rights campaigners by:
Calling toll-free hotline: 0 800 20 40 04;
Sending a message to: uspishnavarta@gmail.com;
Messaging us in social networks.
Please contact us! We stand ready to help!