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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
Monitoring for July-September 2018
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
This report on the observance of political and civil rights and freedoms was prepared by the Ukrainian human
rights platform "Uspishna Varta" for the period July-September 2018.
This report includes an analysis of legislative regulation and law enforcement practices in the framework of
government policy, as well as the status of social respect for the following rights and freedoms in Ukraine in 2014-
2018.
The right to freedom of speech and opinion
Article 34 of the Constitution of Ukraine, Article 10 of the European Convention on Human Rights and Fundamental
Freedoms, Articles 18 and 19 of the International Covenant on Civil and Political Rights.
The right to freedom of thought
Article 35 of the Constitution of Ukraine, Article 9 of the European Convention on Human Rights and Fundamental
Freedoms, Article 18 of the International Covenant on Civil and Political Rights.
The right to freedom of association
Articles 36 and 37 of the Constitution of Ukraine, Article 11 of the European Convention on Human Rights and
Fundamental Freedoms, Article 22 of the International Covenant on Civil and Political Rights.
The right to freedom of assembly
Article 39 of the Constitution of Ukraine; Article 11 of the European Convention on Human Rights and Fundamental
Freedoms, Article 21 of the International Covenant on Civil and Political Rights.
The right to political participation
Article 38 of the Constitution of Ukraine, Article 25 of the International Covenant on Civil and Political Rights.
This report assesses the observance of rights and freedoms on the territory controlled by the government of Ukraine. The
human rights platform "Uspishna Varta" has no mandate to operate on the territories of Crimea and Donbass that
are not under the control of the government of Ukraine in order to make an objective assessment of the human
rights situation on these territories.
This report is based on data obtained by the human rights platform "Uspishna Varta" via conducting detailed
interviews with victims and witnesses of human rights violations and infringements, experts and human rights
defenders, as well as via carrying out activities to assist in the protection of human rights in documented cases.
Among them - the monitoring of trials, advocacy work with the duty bearers on respecting human rights, non-
governmental organizations, and the media.
© 2018 Ukrainian human rights platform "Uspishna varta".
All rights reserved.
More information about "Uspishna varta" can be found at uspishna-varta.com
e-mail: uspishnavarta@gmail.com
phone 0 800 20 40 04
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
Table of Contents
_Toc527115545
THE GENERAL SITUATION WITH THE OBSERVANCE OF CIVIL RIGHTS AND FREEDOMS IN
UKRAINE ...........................................................................................................................................................................4
THE RIGHT TO FREEDOM OF SPEECH AND OPINION..............................................................................6
Legislative regulation......................................................................................................................................................6
The systematic application of pressure on independent media companies...........................................................7
The interference of security and law enforcement bodies in the work of the media ....................................... 10
Physical violence against journalists and public activists....................................................................................... 12
THE RIGHT TO FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY................................... 18
THE RIGHT TO PARTICIPATE IN POLITICAL LIFE..................................................................................... 20
THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION............................................................. 21
THE DISCRIMINATION, HATE SPEECH AND AGGRESSION OF ULTRA-RIGHT GROUPS........ 23
ABOUT THE HUMAN RIGHTS PLATFORM “USPISHNA VARTA”........................................................... 25
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
According to the results of monitoring in July-September 2018, the human rights platform "Uspishna Varta"
recorded 68 violations of political and civil rights and freedoms. This is 17% more than in April-June 2018, when 56
such facts were recorded.
In 45 recorded cases (66%) the right to freedom of speech and opinion was violated; in 15 cases (21% in total)
– the right to peaceful assembly; and in 9 cases (13%) – the right to freedom of conscience and religion.
The persons most vulnerable to their rights being violated in Ukraine are journalists and bloggers (41% of
violations) and media companies (10%), political parties (15%), and religious organizations (13%). It should
be emphasized that the facts and cases of violation of the rights of journalists and the media, as a rule, are widely
covered in the media space. While other categories of persons whose rights have been violated, either do not have
the opportunity to make such cases public, or prefer not to do so. The increase in the number of cases of violation
of rights and attacks on public organizations and activists, including human rights defenders, is alarming. In July-
September 2018, there were 9 such cases (in April-June - 5 cases).
In 29% recorded cases (20) rights were violated as a result of the activities of right-wing radical groups, such as
“C14”, “National Corpus”, and “Bratstvo”. In these cases, law enforcement bodies are also responsible for their
inaction and lack of response concerning these offenses. In 23% cases (16), the violation of rights was caused by
the actions of the law enforcement bodies themselves (Security Service, Prosecutor's office, police).
THE GENERAL SITUATION WITH THE OBSERVANCE OF CIVIL RIGHTS AND FREEDOMS IN
UKRAINE
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
In a regional aspect, more than a third of all violations were recorded in Kyiv (25 cases). Compared to the previous
period, the number of violations of rights in Odessa has increased dramatically - from 4 to 12 in July-September
2018. Amongst the "leaders" in terms of the number of violations there is Dnepr and Zhytomyr (5 cases in each of
them), Lviv and Chernigov (3 cases).
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
The general situation of freedom of speech was determined by new legislative initiatives that could lead to
a serious narrowing of the opportunities for the free expression of views and opinions, as well as an increase
in the number of physical attacks on journalists and members of the active public.
Legislative regulation
A few months before the start of the presidential electoral campaign a number of legislative initiatives were
announced in the Ukrainian Parliament that can become a tool for the authorities to put pressure on
independent media.
So, draft law No.90681 from September 7, 2018 stipulates the possibility of cancelling the licenses of TV
channels and radio for "inciting hatred and enmity". The authors of the draft law were the Deputy from the
“Bloc of Petro Poroshenko” and the head of the parliamentary committee on information policy Viktoriya Syumar,
the former journalists Olga Chervakova and Georgy Shverk, the Chairman of the “Bloc of Petro Poroshenko” Artur
Gerasimov, etc. If the draft law is adopted, the National Council for Television and Radio Broadcasting will be
able to collect fines, and then cancel the licenses of TV channels and radio for making calls to violently change the
constitutional system of Ukraine, to launch an aggressive war or its propaganda, and/or incitement to national, racial,
and religious hatred, and others. Human rights activists2 fear that if the bill is adopted the National Council will
receive virtually unlimited opportunities to put pressure on, and to even close, the TV and radio companies that
don’t suit the authorities. Earlier, in February 2018, more than 60 media representatives and media companies
addressed an open appeal to President Poroshenko and other authorities with a demand to stop censorship in the
country and to stop the blackmail of the National Council. “The actual duties of this body have been reduced to
censorship, constant unscheduled inspections, and blackmailing publications concerning the renewal of licenses,
etc," it was said in the appeal3.
On 4 July, the Parliamentary National Security Committee on Defence approved draft law No. 6688, which
stipulates the possibility of Internet websites being extrajudicially blocked. Among the authors of the draft law
there is the Secretary of the Committee and Deputy from the "Bloc of Petro Poroshenko" faction Ivan Vinnik. On
July 5, the draft law did not gain enough votes to be included in the agenda of the Parliament. On September 4, the
draft law was again put on the agenda of the Verkhovna Rada Committee on Information and communication4. The
Committee decided to send the document away for revision.
The document stipulates the possibility of temporarily blocking (restricting) access to a certain information resource
via the decision of the court, the investigating judge, the investigator, the Prosecutor, and the National Security and
Defense Council of Ukraine. Providers will be required by the government to temporarily block access to the website.
The Security Service of Ukraine, which publicly supported the bill, reported that for 5 months of 2018 were “the use
of 181 Internet resources by the Russian special services for the purpose of destabilizing the socio-political situation and manipulating the
public consciousness of citizens was discovered and documented”5.
According to the human rights platform “Uspishna Varta”6, the law poses significant threats to the media and the
free exchange of information on the Internet, the rights to which are enshrined in article 34 of the Constitution of
Ukraine, article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms,
and articles 18 and 19 of the International Covenant on Civil and Political Rights.
The OSCE representative for freedom of the media Harlem Desir also urged Ukrainian legislators to “seriously
revise the text of the draft law and balance security issues with the right of citizens to freedom of expression and
free media”. Desir is confident that the draft law “lacks provisions that ensure effective judicial supervision and due
process in relation to decisions to block access to services”7. The UN OHCHR also stressed that States should
THE RIGHT TO FREEDOM OF SPEECH AND OPINION
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
refrain from undue interference in the exercise of the right to the freedom to seek, receive, and disseminate any
information, and recalls that any restriction on freedom of speech (in particular on the Internet) should be
commensurate and necessary in order to achieve the intended purpose (international Covenant on Civil and Political
Rights, article 19, part 3)8.
On October 4, at the first reading of the Parliament law No.5670-d was adopted, which stipulates that the printed
media must be published only in the Ukrainian language9. It may be published in other languages if the content
is completely identical to the original Ukrainian. Electronic media should have a page in Ukrainian, which should be
loaded by default as the home page. According to experts, these requirements will lead to an additional financial
burden being placed on the media and will narrow their audience. There is also a high probability that these legislative
norms will be used to fine and initiate criminal cases against opposition publications.
Other initiatives have been voiced in addition to the draft laws that were already registered in the Parliament. So, on
August 28, President Poroshenko said that he “predicts the intensification of the hybrid war of Russia against Ukraine
as the elections come closer and insists that Ukraine should prepare for this by adopting laws to limit propaganda
on social networks”10. On September 20, during his annual address to the Parliament, President Poroshenko also
demanded to register "agents of influence" of the aggressor state. Journalists and experts admit that President
Poroshenko wants to close “NewsOne” and other opposition media under the pretext of fighting "Kremlin agents"11.
The systematic application of pressure on independent media companies
In the third quarter of 2018 the facts of pressure being systematically put on independent media companies and TV
channels were recorded.
The main tool for applying pressure remained the inspections and fines of the National Council on TV and Radio
Broadcasting (hereinafter - National Council). So, on July 11, the National Council decided to fine the TV channel
"Inter" for 4 million hryvnia because of a concert it showed on the airwaves on May 9, 2018 on the occasion of
Victory Day. “Inter” believes that the fine was imposed exclusively for “condemning Nazism as a manifestation of
fascism" and intends to defend its interests in court12. In addition, the editorial board of the channel, which was
besieged on May 9 by representatives of the right-wing radical group “National Corpus”, continued to receive threats.
On July 27, on the eve of the broadcast of the prayer service during the procession of the Ukrainian Orthodox
Church in Kiev a report arrived that claimed the channel had been mined. A similar situation was repeated on July
31.
On August 29, the National Council also decided to randomly inspect the "Radio Vesti" radio station. According
to the regulator, on July 18, the proportion of Ukrainian-language programs on the radio was 42.4%, instead of the
required by law 55% concerning the daily volume of broadcasts. As a reminder, in February 2018, law enforcement
officers came to the editorial office of the "Vesti" media holding and searched it, after which the premises were
seized and occupied by unknown people. The work of the newspaper, website, and radio station was blocked for
some time. The management of the "Vesti" media holding has repeatedly declared that the authorities are
systematically putting pressure on it13.
The most systematic attacks were on the “NewsOne” and “112” TV
channels, which, according to unofficial information, changed their
owners in the summer. On August 29, it became known that the
management of the “NewsOne” TV channel had been transferred
for 3 years to the lawyer Andrey Portnov, who previously held the
post of the Deputy Head of the Presidential Administration.
Immediately after the change of leadership had been announced,
the “NewsOne” TV channel was subjected to systematic
attacks by the authorities and law enforcement bodies.
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
So, on August 30, the National Council announced a warning to the TV channel allegedly for broadcasting TV
programs made after August 1, 1991 that contained the popularisation or propaganda of law enforcement bodies,
the army, or other military or security forces of the “aggressor state”14.
On September 3, the chairmen of the “Bloc of Petro Poroshenko” and “People’s Front” factions criticised the
channel during a meeting of the Parliament's conciliation council, saying that the dynamics of the anti-Ukrainian
sentiment on “NewsOne” are becoming larger and "this channel increasingly broadcasts the Kremlin's dungeons,
using representatives of the fifth column”15. On September 4, in the Parliament hall representatives of these
factions called on the Prosecutor-General's office and the Security Service to investigate "pro-Russian" TV
channels, which they call "Vata-TV", among which these deputies named "112", "NewsOne", and "Inter"16.
On September 17th the Security Service of Ukraine sent a letter to the National Council stating that it regards a
number of statements made by the host of the “NewsOne” TV channel as “cliches of Russian propaganda” that “may
contain signs of a hidden appeal to commit aggressive actions”. The Security Service classified such statements
as “party of war”, “party of peace”, and “Russia protects its interests”. The SBU also stated that it heard on the
airwaves the word “fratricidal war”, “mechanism of splitting Orthodoxy”, and “the world doesn’t recognise Russia
as an aggressor”, which aim to introduce “destructive moods” in society17. As a result, on September 20, the
National Council appointed an unscheduled on-site inspection of the “NewsOne” TV channel, allegedly because it
recorded on its airwaves signs of a violation of part 1 of article 28 of the Law of Ukraine "On information" and the
"dissemination of the language of hostility". The TV channel refutes the claims of the Security Service and said that
they are guided in their activities by journalistic standards.
On September 20, the leader of the “People’s Front” parliamentary faction Maksim Burbak demanded from
the Security Service of Ukraine to investigate previously aired information (on the "Espreso" TV channel, which
is close to "People’s Front") about the “NewsOne” TV channel allegedly receiving funding from the Russian oligarch
Oleg Deripaska. As it later turned out, the information received by the journalists of “Espreso” was false - it was a
planned prank. The Ukrainian politician and previous owner of “NewsOne” Evgeny Murayev filed a lawsuit against
the "Espreso" TV channel and Maksim Burbak.
Rhetoric of hatred and a discrediting information campaign on the part of representatives of pro-government
parliamentary factions and law enforcement bodies has generated a wave of aggression against the channel’s
journalists, endangering their physical safety.
On September 17, during a live broadcast from outside
the building of the Prosecutor-General's Office of
Ukraine, which had been stormed by representatives
of right-wing radical groups, the journalist from the
“NewsOne” TV channel Darina Bilera was
attacked. Ice and eggs were thrown at the journalist,
and then one of the participants of the gathering
approached the journalist and hit her in the face. The
police initially refused to detain the nationalist who
attacked the journalist. She was notified of suspicion
only after considerable outcry from the public and numerous requests from lawyers.
On October 11, during the rally of the right-wing radical group C14 under the walls of the Ministry of Internal
Affairs, another journalist from NewsOne, Anastasia Pshenichnaya, was attacked 18.
The OSCE representative on freedom of the media Harlem Desir on his Twitter page said that the assault against
the journalist Darina Bilera is absolutely unacceptable, and urged the Ukrainian authorities to fully investigate the
incident.
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
At the same time, in some cases their colleagues working in pro-government media initiate the rhetoric of hatred
against journalists from media outlets that oppose the government. So, the host of the “112” channel Denis
Zharkikh was entered into the database of the "Mirotvorets" website after the statements of the host of the
“Espreso” TV channel. She argues that Zharkikh worked with separatist television channels and has a pro-Russian
stance. In this connection, the Prosecutor-General of Ukraine Yury Lutsenko gave the green light for the SBU to
inspect the activities of Denis Zharkikh and his involvement with “separatist media”19.
On October 4, the Parliament voted for the adoption of draft resolution No.9157, which involves the introduction
of sanctions against the TV channels "112 Ukraine" and “NewsOne”20. The order stipulates the following
sanctions: the freezing of assets, the cancellation or suspension of licences, the prohibition of the use of the radio
frequencies of Ukraine, the prohibition of the transfer of technologies and rights to objects of intellectual property,
and others. The resolution of the Verkhovna Rada and the possible decision of the NSDC violate not only the
Constitution of Ukraine (article 34), but also a number of international obligations assumed by Ukraine.
The OSCE representative on freedom of the media Harlem Desir expressed deep concern about any future decision
to terminate or potentially block the regular functioning of the media in Ukraine. "I call on the Ukrainian authorities
to refrain from taking disproportionately restrictive measures against the media without due process, because it will
have a negative impact on free access to information and prevents the expression of diversity of opinions," he said21.
Other media companies in Ukraine also reported that the authorities and law enforcement bodies are
putting pressure on them. So, on August 23 a seventh criminal case was initiated against the Internet newspaper
"Strana.ua" under article No.387 of the Criminal Code of Ukraine (The disclosure of data constituting a secret of
the pre-trial investigation). On September 18 “Strana” declared that an employee of the SBU threatened to punish
the journalist of the publication who photographed in May 2018 the villa of President Poroshenko in Marbella
(Spain). On October 1, the editor-in-chief Igor Guzhva reported that he had received political asylum in Austria.
The “Bihus.info” investigative journalism team led by Denis Bigus also reported about being surveyed by the SBU.
On September 4, “Radio Svoboda” expressed its indignation at the decision of the Pechersky court, which gave the
Prosecutor-General's office of Ukraine access to the personal information of the journalist and editor-in-chief of
the "Schemes" investigation program Nataliya Sedletskaya22. Later the decision of Kiev’s Court of Appeal granted
the Prosecutor-General's office the right to access a smaller volume of data from the phone of the journalist. The
OSCE called on the Ukrainian authorities to respect the privilege of Nataliya Sedletskaya as an investigative journalist
and to adhere to international standards and OSCE commitments.
Attempts to put pressure on YouTube channels featuring socio-political content were also recorded. Thus,
on July 12, 2018, the Pechersky court of Kiev adopted a decision that allows investigators of the National Police of
Ukraine to contact Google with a request for data on a number of YouTube channels, including the channel of the
known journalist and videoblogger Anatoly Shariy23. On 22 August, the team of the Ukrainian YouTube channel
“Klymenko Time” announced another deliberate wave of attempts to block the website. Earlier, on December 12,
2017 employees of the Security Service of Ukraine and the Military Prosecutor's office searched the studio of
“Klymenko Time” and seized all equipment24.
The situation with the state television “UA:Pershiy”, which is funded by Ukrainian taxpayers, is ambiguous. Firstly,
the leadership of the National Public Broadcasting Company of Ukraine (NPBCU) announced the closure of the
program "Good morning, country". This statement followed immediately after the leader of the party
"Batkivshchyna" Yuliya Tymoshenko took part in the program on July 5. At the end of September, the Concern of
broadcasting, radio communication and television turned off the analogue broadcasting of “UA:Pershiy” because of
debts. It is noted that the deficit of critically needed funds up to the end of 2018 is 220 million hryvnia.
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
The interference of security and law enforcement bodies in the work of the media
Despite numerous comments from representatives of the UN, OSCE, and other international organisations, the
practice of banning foreign journalists still takes place in Ukraine. On July 10 the British journalist John Warren
was not allowed to enter Kiev and was banned from entry for 3 years because of unauthorized visits to the Crimea
in September-October 2015. On July 18, the SBU banned the Chairman of the Union of Journalists of Russia
Vladimir Solovyov from entering the country for three years. The OSCE representative on freedom of the media
Harlem Desir said he was "disappointed" by Solovyov's non-admission and that "travel restrictions affect the free
flow of information".
The SBU’s practice of persecuting users of social networks for their posts also remained widespread. So, in
August, the SBU said that it had supposedly exposed and blocked the activities of a network of Internet agitators
that the Russian special services had prepared for interference in the upcoming presidential elections in Ukraine.
Residents of the cities of Dnepr, Krivoy Rog, and Nikopol who are supposedly the administrators of groups on
social networks were arrested25. On September 14 the SBU reported the detention of an "anti-Ukrainian Internet
agitator" in Odessa. As a rule, detainees are charged with the deliberate distribution of materials with calls to
commit intentional actions to change the borders of the territory and the state border of Ukraine (part 1 of article
110 of the Criminal Code) for political and ideological reasons. These are social media users, journalists, and political
activists who have exercised their right to freedom of speech and opinion. At the moment there are 188 criminal
proceedings in the courts of Ukraine concerning these cases, but the courts of Ukraine have considered only 14
indictments. Most of the detainees reach a deal with the investigation and plead guilty in exchange for a suspended
sentence. During July-September, such cases were recorded in Lutsk26, Mariupol27, and Melitopol28.
Although criminal procedure law prohibits sentencing solely on the basis of a confession, the use of plea agreements
allows the prosecution to circumvent this guarantee. As soon as the plea agreement is brought to court, the court
terminates the case regardless of what stage the proceedings are at. It is a matter of concern that the accused may
have entered into such agreements under duress.
Since 2015, the practice of bringing journalists and bloggers to criminal responsibility under "separatist"
articles has become excessively widely used by the SBU. As a rule, detainees have no alternative to staying in pre-
trial establishments (SIZOs) and court hearings on their cases are deliberately delayed. Lawyers express the opinion
that the cases are deliberately delayed so that the representatives of the accused are not able to appeal to the ECHR.
Contrary to the calls of international organisations to release these persons as prisoners of conscience, the leadership
of the state of Ukraine refuses to recognize the existence of political prisoners in Ukraine.
During July-September 2018, the following cases were constantly monitored by the human rights platform "Uspishna
Varta".
Kirill Vyshinsky, editor-in-chief of “RIA Novosti
Ukraine”, was detained by the SBU on May 15, 2018 on
suspicion of treason (part 1 of article 111 of the Criminal
Code). He is in pre-trial establishment (SIZOs) in Kherson
without an alternative. Vyshinsky is accused of allegedly
justifying in 2014 the annexation of Crimea and supporting
the self-proclaimed Donetsk and Lugansk "People's
Republics". The proof of his "subversive activities" in
Crimea is allegedly a state award of the Russian Federation.
In their accusations against Vyshinsky, law enforcement bodies refer not to the results of an official examination of
the website’s content, but to the information of the NGO with an ambiguous reputation “StopFake”29. On 6 July,
Vyshinsky was informed of suspicion of committing another criminal offence under article 263-1 of the Criminal
Code (Illegal acquisition and possession of firearms and ammunition).
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
The representative of Ukraine at the talks in Minsk Irina Gerashchenko spoke publicly about the possibility of
exchanging Vyshinsky for Ukrainian political prisoners held in the Russian Federation.
During hearings on July 11 and September 6 the Kherson city court supported the Prosecutor's office's request to
prolong the period of detention for another 60 days. At the same time, the court has delayed its consideration of the
appeal of Vyshinsky's lawyers. On September 26, the journalist was not taken to court, and on October 2 the court
hearing did not take place because of the reassignment of judges. The lawyer of the journalist said that in civilized
countries the conditions of Vyshinsky’s detention in the pre-trial detention center of Kherson would be considered
as torture, since the windows were removed from the cells and the investigation rooms30.
Vasily Muravitsky is an opposition journalist and analyst.
He was detained by the SBU on August 2, 2017 on charges
of treason after he concluded a standard employment
contract with an international Russian publication, where
he published his analytical column. Muravitsky was
accused of the "psychological manipulation of public
consciousness" and even fundraising in favor of the
"DPR" and "LPR", calling him a “pro-Kremlin”
journalist-blogger. Amnesty International recognized
Muravitsky as a prisoner of conscience. After spending 11 months in jail, on June 27, the Korolevsky court of
Zhytomyr changed the measure of restraint, and the journalist was transferred to house arrest.
During hearings on August 6 and September 28, the court at the request of the Prosecutor's office extended the
house arrest of the journalist. Representatives of the right-wing radical group “C14” attended both sessions of the
court, which can be regarded as an attempt to pressure the court. On August 6, immediately after the court session,
they attacked Muravitsky and doused him with Zelenka31. On September 28, representatives of “C14” led by Evgeny
Karas and Sergey Mazur (accused of organizing a pogrom of the Romani camp on Lysa Gora in Kiev on April 21,
2018) attacked the lawyer Andrey Gozhy and the local journalist Andrei Loktionov directly in the courtroom32. The
police, who arrived after the incident had happened, did not bring the attackers to justice. After the court session
“C14” attacked one of Zhytomyr’s cafes and held a torchlight march through the city.
Pavel Volkov is a journalist and blogger. He was arrested on
September 27, 2017 and charged under article 110, part 2 of
the Criminal Code of Ukraine – infringing on the territorial
integrity of Ukraine (by a group of persons) and article 258-
3 – giving other assistance to terrorists. Both articles are
incriminated to him due to his publications on the Internet
and an allegedly found badge of an observer of a referendum
in Donetsk. The group of persons (part 2 of article 110)
appears as "unidentified" in the indictment, which gives the
opportunity to qualify the unsubstantiated allegations under
a more serious article.
On July 5 and August 27 the Shevchenkovsky court of Zaporozhye once again extended the measure of restraint of
the journalist, despite the arguments given by his defence concerning the deterioration of the health of the defendant.
During the trial the Prosecutor did not attach new evidence to the case. On September 13, the court satisfied the
claim of Volkov’s lawyer for the recognition of two volumes of evidence as inadmissible33. The next meeting on his
case on September 25 didn't take place because of an illness of the judge. The trial of Volkov was postponed
indefinitely. Meanwhile, the period of detention of the journalist expires on October 25th and, if the judge does not
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© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
leave the hospital before that time, then there is a risk that consideration of the case will start from the beginning
with a new panel of judges.
On September 27 it was exactly a year since Pavel Volkov has been in a pre-trial establishment (SIZOs).
Dmitry Vasilets is an opposition journalist and public figure. The SBU detained him on November 24, 2015
together with his colleague Evgeny Timonin on charges of giving information assistance to terrorism (article 258-3
of the Criminal Code of Ukraine) because of their 4-day trip to Donetsk in July 2014. After spending two years in a
pre-trial detention center, on 29 September 2017 the Andrushevsky court of Zhytomyr handed down a guilty verdict
and condemned Vasilets and Timonin to 9 years of imprisonment. On February 21, 2017, the Kiev Court of Appeal
overturned the verdict, sending the case to the court of first instance for a new trial and changed the measure of
restraint to house arrest.
The repeated hearing of the Vasilets-Timonin case was appointed in the Borodyansky District Court of the Kiev
Region, but it hasn’t yet begun. The scheduled hearings for August 16 and September 13 were postponed 34.
Physical violence against journalists and public activists
The UN OHCHR in its report on the human rights situation in Ukraine from 16 May to 15 August 2018 recorded
32 violations, as well as violations of the rights of 23 media representatives and civil society activists. This is a 210%
increase when compared to the previous reporting period (February-May 2018). The UN OHCHR is concerned not
only about the nature of the aforementioned attacks, but also about the repeated allegations made by the victims or
their representatives about police negligence and/or the investigation being delayed35.
Lengthy and dragged-out investigations and the police’s exclusion of attacks on civil society activists and media
workers from the number of priority cases continue to contribute to the narrowing of the civilian space while the
perpetrators are not prosecuted.
There is still no progress in investigating the murders of journalists and bringing suspects to justice.
On July 20, on the anniversary of the death of the journalist
Pavel Sheremet, who was blown up in his car, Ukrainian
human rights activists and journalists demanded a public report
from law enforcement bodies - the National Police, the Security
Service, and the Prosecutor-General of Ukraine - about the
investigation and the prosecution of those responsible for the
death of Pavel and other journalists killed in recent years in
Ukraine36. Earlier the Prosecutor General Yury Lutsenko stated
that the investigation into one of the possible narratives in the
case of the murder of the journalist hasn’t seen any progress. An alternative investigation conducted by independent
organisations showed that the investigators had not questioned key witnesses and that the security camera records
had not been verified.
Only in August did the Shevchenkovsky court of Kiev
re-start the hearing on the murder of the journalist
Oles Buzina (killed on April 16, 2015 in the yard of
his own house), annulling all previous results of the
case. The defendants are representatives of the “C14”
group Andrey Medvedko and Denis Polishchuk. At
the August 9 court session, during a long debate, a
survey of candidates for the jury was held. In the
corridor of the court representatives of right-wing
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July- September 2018
radical groups shouted slogans: “Judge the separatist and not the soldiers!”, “Judges remember, power is not
eternal!”, “Disqualify the judges!”. At the end of the hearing the composition of the jury was approved. On
September 26, the court session was cancelled due to the judge's illness. The next meeting is scheduled for October
23.
The inaction of the police and the absence of punishment for attacks and even the murders of journalists gave rise
to a wave of violence among right-wing groups against media representatives and bloggers. In July, the
National Union of Journalists of Ukraine (NUJ), which, together with partner public organizations, monitors the
monthly "index of physical safety of journalists of Ukraine", recorded 8 incidents37 involving the use of force against
journalists, in August - 4, and in September - 738. Right-wing radical groups were involved in a number of
incidents.
 Sergey Bliznyuk - acting editor-in-chief of the "Vesti Borznyanshchiny" newspaper (Chernigov
region). On July 25, about 15 people blocked the exit of a meeting room and held the employees of the
district administration and the editor-in-chief of "Vesti Borznyanshchiny" Sergey Bliznyuk, who wrote an
article about the youth Orthodox camp in Chernigov, inside for more than an hour. The activists hit Sergey
several times, and also forced him to write a statement of resignation. The clergy and laity unanimously
adopted an appeal to the President and the Interior Minister in connection with the attacks on the Orthodox
children's camp and the beating up of a journalist39.
 Alina Terner, Stepan Kryoka - journalists
of the "Ukrainskie Novosti" news agency,
Kiev. On August 3, an unknown person assaulted
the press center, glued posters everywhere, and
pelted the speakers (along with the press center
administrator and the journalist of the agency) with
eggs.
 Vasily Muravitsky - blogger, Zhytomyr.
On August 6 the journalist Vasily Muravitsky – accused of treason – was doused with Zelenka after a court
hearing that elected a measure of restraint for him.
 Darina Bilera - correspondent of the “NewsOne” TV channel, Kiev. On September 17, Darina Bilera
was attacked during the storming of the Prosecutor General's Office. The woman was attacked by
nationalists and radical people who tried to snatch the correspondent’s microphone, insulted her, disturbed
her in every way possible during a live broadcast, and threw eggs at her head.
Representatives of right-wing radical groups also carry out attacks on bloggers who express an alternative
political position (such cases are not included in the NUJ index). Thus, on 20 July 2018 the blogger Pavel
Khomiv, who made critical comments about such groups, was assaulted in Lvov. According to preliminary
information, the incident involved former members of the radical group "Right Sector". Law enforcement officers
firstly detained the attackers, but then soon released them40.
On July 18 in Kiev near the Goloseevsky district court a conflict arose between the leader of “C14” Evgeny Karas
and the journalist of "Gromadske" Igor Burdyga. During a verbal altercation Karas hit the reporter in the face.
The incident occurred during the election of a preventive measure for one of the coordinators of “C14” Sergey
Mazur concerning the case of dispersing and burning a Romani camp at Lysa Gora in Kiev. "Gromadske" decided
to suspend the journalist from working for the channel in order to deal with the incident. The leader of “C14” Karas
has not been held accountable41.
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A number of incidents involved representatives of law
enforcement and security agencies:
 Vitaly Tkachenko, Miroslav Bekchev -
freelance correspondents of the publication
"Obshchestvennyy Priboy", Konstantin
Slobodyanyuk - editor of "Obshchestvennyy
Priboy", Odessa. On July 13 fighters from the
municipal enterprise “Munitsipalnaya Strazha”
beat up the journalists. Miroslav Bekchev found
himself in hospital with a cranial-cerebral trauma
and a burnt retina after being sprayed by pepper spray. The journalists obtained testimonies and conducted
filming for material about the conflict between a law firm and the city authorities. The pre-trial investigation
in criminal proceedings is being carried out under part 3 of article 171 and part 1 of article 345-1 of the
Criminal Code.
 Yusuf Inan - Turkish opposition journalist. On July 17 employees of the Kiev SBU forcibly took him out
of his house in Nikolaev. A decision to extradite him was made quickly, without the right to appeal. In the
end, the journalist was handed over to the Turkish intelligence agencies, which caused a wave of indignation
among human rights defenders in Ukraine and abroad.
 Efrem Lukatsky - photojournalist, head of the representative office of the AP Agency in Ukraine.
On 28 July, a police officer, despite the warnings of AP, deliberately sprayed gas from a police canister into
the journalist's face. The incident occurred during clashes with the police with the participation of "National
Druzhina" concerning a construction in one of the residential areas of Kiev.
At the local level, in regions, journalists were generally targeted by representatives of private and municipal firms
whose activities they were investigating. Also, journalists investigating the activities of local authorities and deputies
of the local level are attacked.
 Nikolay Chirva - correspondent of the newspaper "Perviy Krivoyrozhskiy", Krivoy Rog. On 18 July
the journalist was hit by an employee of the municipal company "Skorostnoy Tramvay" when he was
preparing material about the cruel treatment of stray animals.
 A journalist of the "Vzglyad" information agency, Irpen in the Kiev region. On July 19, an unknown
assailant doused a woman with Zelenka when she left her office after the end of the day. The attack is
associated with a number of materials-investigations prepared by the victim. The journalist does not want
her name to be known, as she worries about her family.
 Olesya Shevchuk - correspondent of "Channel 34", Dnepr. On July 23, a woman was hit by one of the
owners of kiosks selling alcohol during filming for a program.
 Grigory Kozma - editor-in-chief of the "Obshchestvennoye Sledstviye" journal, Odessa. On August
2 in a suburb of Odessa a truck driver drove into the parked car of the journalist Grigory Kozma whilst he
was inside it. The police qualify the event as an assassination attempt.
 Elena Balaba - freelance journalist, Odessa. On 31 August the female journalist was beaten by a piece
of metal pipe in the city courtyard at the scene of a photo shoot of events, causing minor bodily harm.
Criminal proceedings were initiated under article 345-1 of the Criminal Code (“Threat or violence against a
journalist”).
 Nikolay Popov - editor of the Internet publication "Moy Gorod", Nikolaev. On September 8 in one
of the entertainment institutions of Nikolaev a Deputy of the Novo Odessa Regional Council, together
with his friend, attacked the editor-in-chief of the Internet publication.
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 Kristina Krishikha, Aleksandr Polodyuk - correspondent and camera operator of the "Stop
corruption" information portal, Kiev. On September 11, the film crew of “Stop corruption” was held
hostage for 8 hours by employees of an agricultural company in Lidievka of the Nikolaev region. During
the fight with the head of the enterprise, the journalist’s bag was broken. The farmers hunted down the
camera operator. In addition, the quadcopter of "Stop Corruption" was damaged.
 Svetlana Fedyk - correspondent of the "112 Ukraine" TV channel, Kiev. On September 13 in
Verkhnedneprovsk (Dnepropetrovsk region) during a journalistic investigation into a psycho-neurological
boarding school the Director of the institution hit the woman in the face with his fist. Also several
employees of the boarding school immediately beat Svetlana’s camera operator.
 Sofiya Skiba - editor of the "Perviy Krivoyrozhsky" website, Krivoy Rog. On September 15, a
businessman attacked the editor of the website during filming of a rally against the illegal construction of
greenhouses. The police initiated criminal proceedings under the first part of article 171 “Obstruction of
legitimate professional activities of journalists”.
 Ekaterina Kurbatova – the regional correspondent of the national TV channel “ICTV”, Lutsk. On
28 September near the village of Kamennoye-Sluchanskoye in the Rovno a car blocked region the route of
journalists whilst they were travelling to the place where amber is illegally produced. The journalists were
threatened, an attempt was made to snatch their camera, and the windshield of their car was broken.
 Yuliya Gunko - journalist of the “Bolshye Chem Pravda” journalism program of the “ICTV”
channel, Kiev. On September 29, during a night raid with community activists and the police, a group of
young people attacked Yuliya and the camera operator. At first an attempt was made to snatch the
equipment of the film crew, they were punched and threatened, then the journalist was punched in the face.
Also prevalent is the damaging of editorial property. On July 10, in the Dnepropetrovsk region (Kamenskoye)
unknown persons burned the editorial office of the "Sobytiye" opposition newspaper. The room and the
equipment of the publication were destroyed. Information about this fact was entered into the unified register of
pre-trial investigations with a preliminary qualification under part 2 of article 347-1 of the Criminal Code of Ukraine
(“Deliberate destruction or damage of property of a journalist”)42. In September, the NUJ said that the SBU was
refusing to investigate the systematic arsons of the media and the intimidation of journalists in Kamenskoye.
According to their information, over the past 2 years 5 arsons of the editorial office and property of journalists were
carried out in Kamenskoye (Dnepropetrovsk region), and the perpetrators have not yet been found.43.
According to statistics for 2015-2017, 96% of attacks against journalists remain uninvestigated and the perpetrators
have not been punished. Even in instances where the attackers have been detained, consideration of such cases is
delayed.
For example, the human rights platform "Uspishna Varta" provides the journalist from Zhytomyr Ruslan Kunavin
(Moroz), who was attacked and robbed on June 10, 2017, with legal support. For more than a month he was in
hospital for treatment, but due to the severity of the injuries, he also needs to continue treatment after being
discharged. Consideration of the case of Moroz in court was postponed for a long time for different reasons. Only
on July 12, 2017, after numerous postponements, did the hearing on this case take place. The persons suspected of
assaulting the journalist are incriminated under part 2 of article 187 (robbery by a group of persons), which threatens
7 to 10 years of imprisonment. Despite the severity of the charges, they have been kept under house arrest all this
time, and not even around the clock house arrest. Hearings concerning the case of the journalist were held on July
24 and August 21. Under the weight of the evidence, the persons who attacked the journalist confessed to
committing the crime, but denied that the attack was politically motivated.
The international organizations Amnesty International, Human Rights Watch, Freedom House, and Frontline Defenders call
for measures to be taken regarding attacks on activists and human rights activists in Ukraine. According to
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these organizations, over the past nine months, local human rights organizations in Ukraine have recorded more
than 50 attacks on activists and human rights defenders. Among the victims of the attacks are people working
in the areas of protection of LGBTQ rights, environmental protection, and anti-corruption.
Thus, on July 31 43-year-old local Avtomaydan activist and ATO member Vitaly Oleshko was shot dead in
Berdyansk (Zaporizhia region). As a result the police of the Zaporozhye region initiated criminal proceedings under
part 1 of Article 115 of the Criminal Code of Ukraine (premeditated murder).
On the same day in Kherson an unknown man
attacked Ekaterina Gandzyuk, who administers the
affairs of the Executive Committee of the Kherson City
Council. According to the journalist Sergey Nikitenko, the
assailant threw acid at the clerk. The victim was taken to
hospital with burns. This incident was preliminarily
qualified under Article 296 of the Criminal Code of
Ukraine "Hooliganism". The following day "activists"
picketed the Kherson regional Prosecutor's Office because
of Ekaterina Gandzyuk's case, rushed into the building,
and staged a riot inside it. The media reported that the
instigators of the riot are members of the radical organization "National Corpus". When they stormed the
building they also used smoke bombs.
On September 22 in Odessa unknown persons opened fire at Oleg Mikhaylik - the Odessa public activist and head
of the city organization of the "Sila Lyudey" party who repeatedly spoke against the present leadership of the city
hall. The police qualified the incident as attempted murder (article 15 and article 115 of the Criminal Code of
Ukraine)44. Later, the police announced the detention of persons suspected of attacking the activist. On June 5 the
court also arrested the head of the Odessa organization "Automaidan" Vitaly Ustimenko as a suspect. According
to media reports, both defendants in the case are former soldiers of the "Azov" regiment, members of the
organization "National Corpus", and are soldiers who are listed as “voluntarily abandoning their unit without
permission”.
On September 27, in Kiev, representatives of right-wing radical groups “C14”, “National Corpus”, and a number of
liberal social activists who supported Euromaidan in 2014, came out to a protest rally outside the administration
of President Poroshenko and demanded to investigate attacks on civil activists. Synchronously with the rally of
"activists", the US embassy in Ukraine expressed concern about the numerous attacks on civilian activists in Ukraine
and urged the authorities to respond to them properly. This was stated in the statement posted on Twitter.
The human rights platform “Uspishna Varta” categorically condemns violence against public activists and expects a
thorough investigation and the prosecution of those responsible. At the same time, the experts of our organisation
are confident that the main reason for the increase in the number of cases of violence against this category of citizens
is the general atmosphere of impunity and aggression that was created in Ukrainian society, including through the
actions of these right-wing groups and a number of public activists45.
It is also necessary to pay attention to the persecution of other social activists and human rights activists who
hold alternative views on the political agenda in Ukraine.
In early August, in Lvov "activists" from the Organisation of Ukrainian Nationalists (OUN) published a list
of human rights defenders, journalists, and activists who, in their opinion, represent the "Moscow fifth
column in Lvov", at the same time revealing the personal data of citizens. The list included the human rights activist
from “Uspishna Varta” Galina Chaika, as well as the blogger Pavel Khomiv, the theater actor Nikolay Sanzharevsky,
and clergymen of the Lvov diocese of the Ukrainian Orthodox Church. After “Uspishna Varta” submitted an appeal
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concerning this fact to the prosecutor’s office of the Lvov region with a request to document the fact of a criminal
offense, the prosecutor transferred the appeal to the Investigation Department of the SBU of the Lvov region. The
latter, in turn, replied by saying that it does not intend to investigate this crime.46
The Prosecutor General's Office of Ukraine refused to investigate the fact that information about the employees
of the human rights platform “Uspishna Varta” Nataliya Natalina and coordinator Tatiyana Galonza was
added to the “Mirotvorets” website. The personal data of human rights defenders was published immediately
after the appearance of the investigation of “Uspishna Varta” into the use of the “Mirotvorets” website by the judicial
system of Ukraine, which is reflected in the decisions of certain judges. In addition, human rights defenders proved
that the adviser to the head of the Ministry of Internal Affairs Anton Gerashchenko and the deputy minister for
temporarily occupied territories and internally displaced persons of Ukraine Georgy Tuka are behind the illegal
activities of the “Mirotvorets” website47. "Uspishna Varta" appealed to the court concerning the inaction of the
prosecutor's office48.
On September 29, unknown persons set fire to the house of the head of the public human rights organization
“Mi Razom” and journalist of the “Legal Control of Ukraine” newspaper Artur Zhurbenko. According to
the human rights activist, the fire in his house in the Zhytomyr region happened after Zhurbenko, the day prior, in
the Starobelsk court (Lugansk region), actively studied the activities of the judges involved in the case of Aleksandr
Efremov49. The police qualified the incident as arson.
Recall that the OSCE participating States committed themselves to providing special protection of human rights
defenders (Budapest, 1994). According to the OSCE/ODIHR Guidelines on the Protection of Human Rights
Defenders, human rights defenders are at particular risk and often become victims of serious abuse because of their
human rights activities. The main responsibility for protecting human rights defenders is borne by states. Effective
protection of the dignity, physical and psychological integrity, freedom, and security of human rights defenders is a
prerequisite for the realisation of their right to defend human rights.
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Contrary to the numerous recommendations of international organizations, the Ukrainian parliament did not pass
a special law on peaceful assemblies, which would establish the necessary time frame for prior notification of the
event, its form, mass scale, place and time, the duties of law enforcement agencies to protect the event, as well as
restrictions on the implementation of this right. Since 2015, two relevant draft laws have been registered in
parliament, however they have received significant criticism from human rights defenders and international
observers. In 2016, the Venice Commission published recommendations for draft laws, but as of June 2018 the law
has not been finalised and adopted. The relevance of the adoption of the Law on Peaceful Assembly increases sharply
on the eve of the 2019 presidential and parliamentary elections in Ukraine.
During July-September 2018, attacks committed by right-wing radical groups on peaceful assemblies, offices,
and representatives of opposition political parties and movements have become more frequent. A number
of political forces are subjected to systematic attacks in various regions.
On July 6, representatives of the ultra-right group
“C14” attacked the participants of the meeting of
regional representatives of the “Rozumna Sila” party in
Kiev. The deputy head of the party Aleksandr
Savchenko was injured50. On August 22, representatives
of radical groups broke into the press conference of the
“Rozumna Sila” party in Chernigov, destroyed banners,
flags and posters, and insulted the participants51. On
September 26, representatives of the “National
Corpus” group broke into the office of the party in
Pokrovsk (Donetsk region) and trashed it52.
The facts of the peaceful assemblies of other political forces and movements being disrupted have also been
recorded:
 On July 19, representatives of the right-wing radical group “C14” disrupted the “Association of
Patriotic Forces Forum” in Kiev. The event was organised by the head of the “Patriotic Party of Ukraine”
Mykola Gaber and the head of the “Bogolyub” charity foundation Nataliya Mirolyub.
 On July 23, in Mukachevo, an attempt was made to disrupt the meeting of the “Socialists” party, where a
constituent conference of the Transcarpathian regional party organisation was supposed to be held. Prior
to the event, the police station received information from unknown persons about the hotel that the event
was due to take place in being mined 53.
 On September 21 in Zhytomyr, representatives of “C14” disrupted the meeting of the association
“Women for Peace”, which is headed by the people's deputy Nataliya Korolevska (Opposition Bloc)54.
 On 23 September, in Lvov, representatives of the anarchist organisation "Cherniy Styag" was attacked
and suffered severe knife wounds. The representative of "Cherniy Styag" Anton Parambul said that he saw
that several attackers wore T-shirts bearing the inscription "National Corpus". The leader of the right-wing
group “C14”, Evgeny Karas, publicly justified the actions of the attackers, citing the affiliation of the victims
to anarchist movements.
THE RIGHT TO FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY
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Attacks by right-wing organisations, as a rule, are also accompanied by the SBU’s heightened interest in
the activities of the organisation. Thus, on August 1, 2018 SBU officers searched the office of the “Rozumna
Sila” party in Odessa. As the party reported, representatives of the special services seized equipment and documents.
On July 19, the cyber police searched the office of the “Communist Party of Ukraine” (CPU) and seized
computer equipment that supported the website of the party. In addition, the police established and
interrogated those who had access to the administration of the website. The police announced the beginning of
criminal proceedings under Part 2 of Article 436-1 of the Criminal Code "Production and distribution of communist
or Nazi symbols and propaganda of communist and national-socialist (Nazi) totalitarian regimes". According to the
leader of the Communist Party, Petr Simonenko, the reason that the website was closed is because of a post
including photos of the first Secretary of the Communist Party of Ukraine (USSR) Vladimir Shcherbitsky.
The CPU, we recall, was banned after the court satisfied the lawsuit of the Ministry of Justice of Ukraine. The
party continues to challenge this decision in court. A number of other parties are also suing the Ministry of
Justice, challenging its refusal to register documents or the ban of the party.
 On July 4, the “Progressive Socialist Party of Ukraine” (PSPU) won an appeal in a lawsuit against the
Ministry of Justice, which refused to register the revised charter and program of the party, which had been
amended by three successive party congresses in order to comply with the new laws.
 On September 20, the first hearing of the District Administrative Court of the city of Kiev was held in
accordance with the lawsuit of the Ministry of Justice of Ukraine banning the party “Uspishna
Kraina”. The Prosecutor-General’s Office and the Security Service of Ukraine were involved as third
parties. Since the prosecutors could not confirm their authority, the court postponed its consideration of
the lawsuit to November. The claim of the Ministry of Justice is based on the letter of the Deputy
Prosecutor-General and Chief Military Prosecutor Anatoly Matios. The party regards the interference of
the Military Prosecutor's Office in their activities as a direct violation of basic principles of the Constitution
of Ukraine55.
In addition to opposition political parties, right-wing radical groups attacked other peaceful assemblies too.
Days of memory in Odessa. On September 3, on Kulikovo field in Odessa, the members of the “Right Sector”
group poured Zelenka over two people, who, together with the rest of the crowd, came to honour the memory of
those who died in the tragedy at the House of Trade Unions on May 2. According to the representative of “Right
Sector”, the police detained two members of the organization.
Cultural events. On August 8, in Odessa, the performance of the 2015 Nobel Prize winner in literature Svetlana
Alekseevich, was disrupted because of death threats. She started to receive threats after the data of the writer was
published on the scandalous “Mirotvorets” website on the day of her meeting with the residents of Odessa.
LGBT community. On July 4, 2018, an attack was committed on the LGBTQI community center in Kharkov
during a language club meeting. The attackers used smoke bombs and gas grenades and broke furniture and other
property. The club’s visitors were evacuated through the back door. No casualties were reported.
Anti-corruption actions. On July 17, in Kiev, during a rally of anti-corruption activists against the head of the
Special Anti-Corruption Prosecutor's office Nazar Kholodnitsky, a group of young men in military uniforms attacked
Vitaly Shabunin, one of the organisers of the rally and chairman of the board of the “Center for Countering
Corruption”, and poured zelenka on him. The victim received a chemical burn in both eyes. Police officers detained
two people, took them to the police station, and qualified the attack under Article 173 of the Code on Administrative
Offenses - “disorderly conduct”. An investigation into the attack on the anti-corruption activist Shabunin was
publicly demanded at the embassies of the United States and Great Britain.
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July- September 2018
The regulatory framework for holding elections in Ukraine after 2014 remains fragmented and contains gaps and
inaccuracies. On November 7, 2017 people's deputies voted at the first reading for the draft electoral code, which
combined 5 electoral laws: on the election of the President and people's deputies; on local elections; on the central
election commission; and on the state voter register. Amendments to the code are still being considered in the
Parliamentary Committee on Legal Policy and Justice.
In the absence of an electoral code, the key role in regulating the issues of electoral legislation will be assigned to the
Central Electoral Commission.
On September 20, after years of debate, the Verkhovna Rada dismissed 13 of the 15 members of the Central Election
Commission (CEC) and voted for 14 new CEC members, the candidates for which the president submitted to the
Parliament in February of this year. Two members of the CEC retained their positions until April 2021. One vacant
seat will be in the quota of the “Opposition Bloc”, which has so far refused to submit its candidacy, based on the
position that the third largest faction in parliament should have two CEC representatives, not just one. Earlier, on
September 18, specifically for the purpose of these appointments, the parliament decided to expand the composition
of the CEC to 17 people. The law also changed the provision on how many commission members can be considered
a quorum (11 people). According to experts, from the 16 appointed members of the commission, 9 members can
be considered as being loyal to the administration of President Poroshenko.
Nearly one and a half million Ukrainians will not take part in united territorial communities elections, since
the CEC did not schedule the first elections that were scheduled for the autumn 2018. In total, there are 121 such
united territorial communities. The CEC has faced a legal collision. The law “On the All-Ukrainian Referendum”,
adopted under president Yanukovych, was declared unconstitutional this year. In the current situation, the old law
“On the All-Ukrainian and Local Referendum”, which was adopted back in 1991, begins to operate. According to
this document, the question of united communities should be decided in local referendums. They were not held, and
accordingly the members of the CEC decided not to call united territorial communities elections, since the members
of the Central Election Commission have doubts about their legitimacy.
On August 22, the Supreme Court upheld a ban on internally displaced persons voting in local elections.
The court justified its decision by stating that the certificate of registration of IDPs certifies their residence only for
a certain period of time, i.e., it is not permanent, but temporary residence on the relevant territory. The court’s
decision contradicts one of the UN Guidelines on Internal Displacement (1998), which states that IDPs “should not
be subjected to any discrimination due to their movements”, including when exercising “the right to vote and to
participate in state and public affairs"56.
At the same time, the Central Election Commission simplified the procedure of temporarily changing the place
of voting for internally displaced persons from the Donetsk and Lugansk regions. According to the CEC
resolution, now, if voters are internally displaced persons whose electoral address is in the temporarily occupied
territories of cities, towns, villages that are parts of the Donetsk and Lugansk regions, they don’t need to attach
documents confirming the need for a temporary change of their place of voting to their application. The
implemented procedure can be used only during the period of the elections in Ukraine for the presidency and for
people's deputies of Ukraine, as well as for an all-Ukrainian referendum.57.
THE RIGHT TO PARTICIPATE IN POLITICAL LIFE
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In connection with representatives of the Ukrainian authorities actively lobbying the issuance of permission to create
a local church by receiving Tomos from the Patriarchate of Constantinople, discrimination and rhetoric of hatred
against parishioners and the priesthood of the canonical Ukrainian Orthodox Church has significantly
increased.
On July 27-28, celebrations dedicated to the 1030th
anniversary of the Baptism of Rus’ were held in
Ukraine. On July 27, parishioners of the Ukrainian
Orthodox Church (UOC) held a procession in Kiev in
honour of all the years of Ukraine’s independence.
According to the UOC, 250,000 people took part in
the procession. A day later, believers of the UOC of
the Kiev Patriarchate held a march with the
participation of President Petro Poroshenko.
According to the observers of the human rights
platform “Uspishna Varta”, law enforcement
officers worked smoothly and successfully
prevented planned provocations.
At the same time, on July 27 the procession of the UOC was preceded by a series of actions committed by
government officials that aimed to disrupt the procession in Kiev. Thus, in the Ovruch district of the Zhytomyr
region, in the Zaporizhia, Sumy, Cherkassy, Kherson, Odessa, Chernovtsi and Rovno regions, and in Ternopol,
transport companies refused to transport believers to the capital on the eve of the religious procession. They referred
to the decree on blocking that came from the transport administration, located in Kiev. If the decree was ignored,
the authorities threatened to revoke the licenses of transport companies. More serious threats were made in the
Nezhin Diocese of the UOC, where representatives of "Svoboda" threatened to burn the buses of local transport
companies58.
During the procession attempts were made to provoke and discredit believers. Thus, near the Cabinet of
Ministers, two “Bratstvo” activists tried to carry out a provocation, shouting "Glory to Ukraine!". The police
promptly detained them. In addition, law enforcement officers detained another person in the vestments of a priest,
who was also a “Bratstvo” activist59. During the event, a group of elderly people were also noticed who allegedly
presented themselves as UOC parishioners and voiced pro-Russian rhetoric. It was this group of parishioners who
was then shown on the “Pryamoy” TV channel and other government-loyal TV channels as an example of the anti-
Ukrainian position of the UOC.
Attacks on the temples and religious buildings of the UOC continue. From May 16 to August 15, 2018 the UN
OHCHR documented 6 facts of temples of the Ukrainian Orthodox Church being attacked.
 On July 25, unknown persons desecrated the Church of the Holy Martyr Tatiyana in Odessa. Earlier,
similar provocative inscriptions appeared at the synagogue, as well as at the trade stalls where foreigners
work in Odessa60.
 On July 29, in Kiev, unidentified people left offensive inscriptions on the walls of the church of Saint
Spyridon and threw a smoke bomb into the open window of a room. The prior of the church, Archpriest
Nikolay Danilevich, suggested that the attack was intended to intimidate the clergy61.
THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION
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July- September 2018
 On August 5, a provocation took place in the temple of the Icon of Theotokos of Tikhvin of the Svyato-
Andreevsky metochion (Odessa). Activists from the NGO "Nebaidyzhі", who tried to put insulting
inscriptions on the temple of the UOC and beat up its leader, were accused of hooliganism by the police
of Odessa62. The words "Department of the FSB" were written on the front doors of two more temples in
Odessa.
Legal disputes and physical clashes over UOC temples that were earlier captured by the Kiev Patriarchate continue.
 On August 14, 2018 believers of the UOC and the clergy of the Odessa diocese were not allowed to perform
a festive worship service in the church in honor of the Equal of the Apostles Cyril and Methodius at the
Odessa Military Academy. The clergy and believers had to consecrate their offerings outside the temple. At
the same time, clergymen and chaplains of the Kiev Patriarchate freely passed onto the territory of the
academy63.
 Starting in 2015, the fight of the community of the Svyato-Stretensky Parish of the Gorlovka Diocese
of the Ukrainian Orthodox Church of Konstantinovka, Donetsk Region, for their rights in connection
with the raider seizure of the church by representatives of the Kiev Patriarchate continues. Referring to
formal grounds, on June 19, the panel of judges of the Supreme Court, having cancelled the decisions of
the courts of previous instances, decided to refuse to satisfy the claims of the Gorlovka Diocese of the
UOC. The Gorlovka Diocese of the UOC has already filed a lawsuit on behalf of a person whose interests
in the opinion of the Supreme Court have been violated - the diocesan bishop. On August 7, the first
hearing was held in the Court of First Instance in the Konstantinovka District Court of the Donetsk
Region64.
The issue of church property is expected to escalate in the near future. Earlier, the head of the UOC Kiev
Patriarchate, Filaret, declared that after the recognition of the united Ukrainian Orthodox church, “all the buildings
that the Moscow Patriarchate now occupies in Ukraine will become the property of the UOC”65.
The Kiev-Pechersk Lavra already received threats of its seizure on October 14, when the Intercession of the
Theotokos is celebrated and there are annual processions of right-wing radical groups in Kiev. The vicar of the
Svyato-Uspensky Kiev-Pechersk Lavra, Metropolitan of Vyshgorod and Chernobyl Pavel, announced this.
According to the Information-education Department of the UOC, the demand to take away the Lavra from the
UOC appeared in a petition format on the website of the Cabinet of Ministers. Earlier, Metropolitan Anthony of
Borispol and Brovary, managing director of UOC affairs, said “nationalist groups were instructed to carry out
provocations in the Kiev-Pechersk and Pochayev Lavras on October 14”. Immediately after these statements, on
September 20, the vicar of the Kiev-Pechersk Lavra, Metropolitan Pavel, was included in the list of the “Mirotvorets”
website.
On September 28, in the village of Bogorodchany, Ivano-Frankovsk region, representatives of the “Right
Sector” group captured the Svyato-Troitsky temple of the Ukrainian Orthodox Church and wounded two
parishioners. During the attack, the assailants broke down the doors, smashed windows and, having entered the
building, injured the believers. According to the data received by the UOC information-education Department, one
of the men suffered a concussion, and another broke their arm. The prior of the temple, Archpriest Vladimir Shuvar,
was also injured as a result of the actions of the radicals.
Against the background of the capture of the church in the Carpathian region, on September 29 the vicar of the
Svyato-Uspensky Pochayev Lavra (Ternopol region), Metropolitan Vladimir, appealed to all Orthodox believers
to help defend the Lavra. “Considering the situation that has developed, and according to the information that we
have and the threats of reprisals that are still spreading, it is clear that we will have to endure something,” he noted66.
23
© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
During the monitoring period the human rights platform “Uspishna Varta” continued to record cases of
discrimination, rhetoric of hatred, and/or violence against persons belonging to minorities or those who hold
alternative views or dissenting opinions. The inaction of the police and the impunity of the participants in such
attacks give rise to new instances of human rights violations by ultra-right groups.
Attacks on Romani camps. After the riot of the
Romani camp on Lysa Gora in Kiev, on April 21, the
police reported suspicion to the representative of the
“C14” organization Sergey Mazur. It was he who publicly
commented on TV channels about conducting a “clean-
up” operation at an abandoned camp. In a video that was
published later, it is possible to see how representatives of
“C14”, armed with bats and gas sprays, chase the women
and children that are running away from them out of the
camp. On July 10, during a search at Mazur’s house, about
30-50 “activists” from the ultra-right nationalist
organizations “C14”, “Tradition and Order”, “National Druzhina”, as well as a number of people's deputies
gathered. On July 18, the Goloseevsky court of Kiev sentenced Mazur to 2 months of around-the-clock house arrest.
But already on September 28, Mazur was among those representatives of “C14” who beat up a lawyer and a journalist
in court during consideration of the case of Vasily Muravitsky in Zhytomyr on September 28.
On July 20 the Court of Appeal of the Lvov region left six suspects in custody concerning the case of the attack
on a Romani camp on July 24 in the suburbs of Lvov, and the preventive measure imposed on two others was
changed to house arrest. Recall that as a result of this attack a 24-year-old resident of the Transcarpathian region
died and four others suffered.
The inaction of the police and the impunity of those involved in such attacks give rise to new incidents of actual
mob law and attacks. Thus, on July 20 in the center of Chernigov, representatives of the ultra-right group
"National Druzhina" tied a local homeless person to a pole and subjected him to public humiliation. The police who
arrived to the scene did not respond to the incident, but continued to observe from the same spot. On August 6 in
Kiev, radicals forcibly forced a Slovenian citizen to remove their T-shirt exhibiting emblems of the Soviet Union in
the subway.
During the monitoring period, acts of aggression were recorded by right-wing radical groups against the
lawyer community. Far-right groups attacked lawyers or tried to intimidate them. On July 28, 2018 a group of
“C14” members verbally insulted and attempted to strike
the head of the lawyer Valentin Rybin, who they accused
of separatism because he represents the interests of a
person accused in a case related to the conflict. This
happened in the court in the presence of the police, who
did not adequately respond67. On July 31, about 50
members of “C14” entered the premises of the “National
Bar Association”, aggressively demanded the revocation
of the license of the aforementioned lawyer, and
THE DISCRIMINATION, HATE SPEECH AND AGGRESSION OF ULTRA-RIGHT GROUPS
24
© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
prevented the “Lawyers Rights Defense Committee” from holding a meeting
On August 2 there was a subsequent attack on, and seizure of, the premises of the “National Bar Association” carried
out by a group of protesters, with the participation of people's deputies (the “Svoboda” party), for the purpose of
participating in the review of disciplinary proceedings against the lawyer Andrey Mamalyga, known for his support
of radical organisations. Commission members were blocked in the meeting room and held against their will. The
National Bar Association of Ukraine appealed to the President of Ukraine, the leadership of law enforcement
agencies and the Parliament, international organizations, and diplomatic missions about the sharp deterioration of
the situation concerning the bar as an independent constitutional institution for the protection of human rights68.
On August 7, 2018 three “C14” members resorted to physical violence against the lawyer Oleg Povalyayev after he
commented on their behavior in the courtroom. One of them hit the lawyer in the face. The police were also present,
but did not intervene. After a recess in the meeting, about 30 people, shouting insults and foul language, started to
threaten him with physical violence due to the fact that the lawyer, in their opinion, doesn’t defends “those who
actually need a defence”.
On August 30, “activists” from the “C14” group blocked the building of the Lvov court, which was supposed to
hold a hearing on the case of Mark “Mayor” (one of the “activists” of the group) suspected of attacking a police
officer69.
On September 28, representatives of “C14” attacked the lawyer Andrey Gozhy, who represents the interests of the
journalist Vasily Muravitsky (see the section “Freedom of Speech and Opinion”), in a courtroom in Zhytomyr.
In a joint report, representatives of the International Society for Human Rights and the Initiative Group for the
Protection of the Rights of Lawyers indicated that from 2016 to the first quarter of 2018, 34 cases of violence against
lawyers have been officially recorded, 5 of which were murders and 2 were attempted murders. The main violations
of the rights of lawyers highlighted in the report include the identification of a lawyer with a client, extrajudicial
methods of influencing lawyers, the criminal and disciplinary prosecution of lawyers or the threat of prosecution,
failure to provide lawyers with access to their clients and the removal of counsel from legal proceedings, and the
violation of basic principles of legal proceedings. The report notes that, according to the facts of offenses against
lawyers, 597 applications were filed in the unified register of pre-trial investigations, 267 of which were closed, 26
were submitted to the court, and more than half - 326 - were left without consideration70.
25
© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
ABOUT THE HUMAN RIGHTS PLATFORM “USPISHNA VARTA”
The All-Ukrainian Association “Uspishna Varta” is a human rights platform that brings together lawyers, public
figures, and volunteers to defend the political and civil rights and freedoms of citizens of Ukraine, as well as to offer
support to people and organizations who are persecuted for their political beliefs. It was created at the initiative and
with the support of the Ukrainian politician and public figure Aleksandr Klimenko.
The “Uspishna Varta” team took an active part in the annual OSCE Human Dimension Implementation
Meeting (HDIM), which was held from 10 to 21 September 2018 in Warsaw.
On September 11, “Uspishna Varta”
organized a side event on the topic “The
right to freedom of speech and opinion in
Ukraine: threats and opportunities” in the
framework of HDIM-2018. The participants
discussed the situation with freedom of speech
in Ukraine in order to jointly find ways to
reduce the pressure being put on independent
media and to remove the restrictions on the
freedom to share information on the Internet
that are being carried out as a part of the
declared fight against Russian hybrid
aggression.
Representatives of the human rights platform “Uspishna Varta” also spoke at 4 plenary sessions of the OSCE
meetings and sent a number of written statements and recommendations that were distributed to the participants of
the meeting. Reports on the state of rights and freedoms in Ukraine prepared by the “Uspishna Varta” human rights
platform were also distributed to all participants of the OSCE conference.
On August 30, the human rights activists of “Uspishna Varta” sent information to the UN Committee on
Economic, Social and Cultural Rights about the violation of the right to social security and education in Ukraine.
On the basis of the information gathered, the UN Committee will formulate a list of questions to be asked to the
government of Ukraine for a report on compliance with its international obligations under the International
Covenant on Economic, Social and Cultural Rights. The Government of Ukraine is obliged to submit this report in
May 2019 in the format of answers to questions previously formulated by the Committee71.
The legal team of Uspishna Varta on a permanent basis provide free legal assistance and advice to persons whose
rights have been violated. Also we monitor court hearings in cases involving political persecution. All human rights
cases are presented on the website. https://uspishna-varta.com/
26
© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
LINKS TO MATERIALS:
1 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=64570
2 https://uspishna-varta.com/en/novyny/zakonoproekt-9068-kak-novyj-instrument-davleniya-vlasti-na-
nezavisimye-media
3 http://eramedia.com.ua/273632-zupiniti_znischennya_svobodi_slova_v_ukran/
4 http://komit.rada.gov.ua/preview/anonsy_pd/73249.html
5 https://ssu.gov.ua/ua/news/1/category/21/view/5025#.jrIN5B5V.dpbs
6 https://uspishna-varta.com/ru/novyny/zakonoproekt-o-vnesudebnom-blokirovanii-internet-sajtov-neset-
pryamuyu-ugrozu-svobode-slova
7 https://www.osce.org/representative-on-freedom-of-media/387053
8 https://www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf
9 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61994
10 https://www.eurointegration.com.ua/rus/news/2018/08/28/7086147/
11 https://vesti-ukr.com/strana/304139-komanda-fas-pod-predlohom-borby-s-ahentami-kremlja-prezident-
khochet-zakryt-newsone-i-druhie-oppozitsionnye-smi
12 https://inter.ua/uk/news/2018/07/12/6671
13 https://uspishna-varta.com/ru/novyny/nacsovet-obvinil-radio-vesti-v-nesoblyudenii-yazykovyh-kvot
14 https://www.ukrinform.ru/rubric-society/2527139-nacsovet-obavil-preduprezdenie-newsone-izza-
kommentaria-ob-oruzii-rf.html
15 https://uspishna-varta.com/ru/novyny/deputaty-koalicii-opolchilis-na-telekanal-newsone
16 https://www.pravda.com.ua/news/2018/09/4/7191051/
17 https://www.ukranews.com/news/586507-sbu-natravyla-nacradu-na-newsone-za-yspolzovanye-v-ehfyre-slov-
partyya-voyny-y-6-drugykh
18 https://youtu.be/hhk--fNAcS4
19 https://glavred.info/ukraine/10010234-sbu-proverit-deyatelnost-televedushchego-112-ukraina-zharkih-
lucenko.html
20 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=64731
21 https://www.osce.org/representative-on-freedom-of-media/382522
22 https://www.radiosvoboda.org/a/schemes/29470455.html
23 https://uspishna-varta.com/ru/novyny/zapros-nacpolicii-v-youtube-o-kanale-shariya-yavlyaetsya-
prepyatstvovaniem-zhurnalistkoj-deyatelnosti-yuristy-uspishna-varta
24 https://www.youtube.com/watch?v=545QEofwecc&feature=youtu.be
25 https://interfax.com.ua/news/general/527915.html
26 https://vesti-ukr.com/strana/296534-v-lutske-osudili-muzhchinu-na-6-let-tjurmy-za-posty-vkontakte
27 https://uspishna-varta.com/ru/novyny/v-ukraine-prodolzhayutsya-presledovaniya-za-posty-v-socsetyah
28 https://ukranews.com/news/586486-separatystka-yz-melytopolya-poluchyla-3-goda-tyurmy-za-repost-v-
vkontakte
27
© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
29 https://uspishna-varta.com/ru/novyny/obvineniya-v-adres-kirilla-vyshinskogo-osnovyvayutsya-na-informacii-
sajta-stop-fake
30 https://uspishna-varta.com/ru/novyny/kak-v-karcere-advokat-vyshinskogo-ob-usloviyah-soderzhaniya-
podzashitnogo
31 https://uspishna-varta.com/ru/novyny/posle-suda-na-muravickogo-napali-radikaly
32 https://uspishna-varta.com/en/novyny/s-drakoj-i-vyzovom-policii-muravickomu-prodlili-domashnij-arest-kak-
prohodil-skandalnyj-sud-v-zhitomire
33 https://uspishna-varta.com/ru/novyny/zaporozhskij-sud-priznal-nedopustimymi-dokazatelstva-po-delu-
zhurnalista-pavla-volkova
34 https://uspishna-varta.com/ru/novyny/sud-po-delu-vasilca-i-timonina-perenesli-iz-za-neyavki-prokurorov
35 https://www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf
36 https://uspishna-varta.com/ru/novyny/ubijstvo-pavla-sheremeta-dva-goda-spustya-sledstvie-ne-prodvinulos-
ni-po-odnoj-iz-versij
37 http://nsju.org/index.php/article/7409
38 http://nsju.org/index.php/article/7346
39 http://news.church.ua/2018/07/25/nacionalradikali-pogrozhuyut-dityam-ta-pobili-zhurnalista-yakij-napisav-
stattyu-pro-molodizhnij-pravoslavnij-tabir-na-chernigivshhini/
40 https://uspishna-varta.com/ru/novyny/policiya-budet-rassledovat-ugrozy-v-adres-izvestnogo-lvovskogo-
bloggera
41 https://uspishna-varta.com/ru/novyny/v-ukraine-uchastilis-sluchai-napadeniya-na-zhurnalistov-i-
prepyatstvovaniya-zhurnalistkoj-deyatelnosti
42 https://uspishna-varta.com/ru/novyny/v-dnepropetrovskoj-oblasti-sozhgli-redakciyu-oppozicionnoj-gazety
43 http://nsju.org/index.php/article/7350
44 http://dumskaya.net/news/v-odesse-strelyali-v-obshchestvennika-090292/
45 https://uspishna-varta.com/ru/novyny/volna-napadenij-na-aktivistov-porozhdena-atmosferoj-
beznakazannosti-sozdannoj-imi-zhe-samimi-uspishna-varta
46 https://uspishna-varta.com/ru/novyny/v-sbu-ne-uvideli-sostava-prestupliniya-v-prizivah-k-raspravam-nad-
ukraincami
47 https://uspishna-varta.com/ru/novyny/pravozashitnikov-uspishna-varta-vnesli-na-sajt-mirotvorec-posle-
rassledovaniya-o-ego-deyatelnosti
48 https://uspishna-varta.com/en/novyny/uspishna-varta-trebuet-ot-gpu-rassledovat-deyatelnost-sajta-mirotvorec
49 https://uspishna-varta.com/ru/novyny/uspishna-varta-trebuet-rassledovat-podzhog-doma-pravozashitnika-
artura-zhurbenko
50 https://uspishna-varta.com/ru/novyny/radikaly-iz-s14-v-ocherednoj-raz-napali-na-mirnoe-sobranie
51 https://rozumna-sila.org/ru/2018/08/21/obrashhenie-partii-razumnaya-sila-k-ukrainskim-grazhdanam/
52 https://uspishna-varta.com/ru/novyny/nackorpus-ustroil-ocherednoj-pogrom-v-ofise-politicheskoj-partii
53 https://www.youtube.com/watch?v=BW6Jwbfa4W4&feature=youtu.be
54 http://zhzh.info/news/2018-09-21-37322
55 https://uspishna-varta.com/ru/novyny/zakryt-tiho-ne-udastsya-partiya-uspishna-krayina-anonsirovala-sud-s-
minyustom
28
© The review was prepared by the Ukrainian human rights platform "Uspishna Varta"
July- September 2018
56 https://uspishna-varta.com/ru/novyny/reshenie-suda-o-zaprete-pereselencam-golosovat-na-mestnih-viborah-
mozhet-byt-osporeno-v-espch
57 http://mtot.gov.ua/tsvk-sproshheno-protseduru-zminy-mistsya-golosuvannya-dlya-vpo-donetskoyi-ta-
luganskoyi-oblastej/
58 https://uspishna-varta.com/ru/novyny/mestnye-chinovniki-i-specsluzhby-prepyatstvuyut-veruyushim-upc-
prinyat-uchastie-v-krestnom-hode-27-iyulya-v-kieve
59 https://uspishna-varta.com/ru/novyny/krestnyj-hod-prihozhan-upc-v-kieve-sostoyalsya-bez-osobyh-
pravonarushenij-no-s-popytkami-provokacij-uspishna-varta
60 http://timer-odessa.net/news/neizvestnie_oskvernili_odesskiy_hram_291.html
61 https://spzh.news/ru/news/55107-v-kijeve-brosili-dymovuju-shashku-v-khram-gde-nastojatelystvujet-spiker-
upc
62 https://spzh.news/ru/news/55262-radikalov-napavshih-na-khram-v-odesse-obvinyajut-v-khuliganstve
63 https://uspishna-varta.com/ru/novyny/pravozazhitniki-zayavili-o-pravonarushenii-so-storoni-rukovodstva-
Odesskoy-voennoy-akademii
64 https://uspishna-varta.com/ru/novyny/nachalsya-vtoroj-raund-borby-obshiny-za-hram-v-konstantinovke
65 https://spzh.news/ru/news/55150-filaret-gospody-dopustil-vojnu-radi-rosta-kijevskogo-patriarkhata
66 https://uspishna-varta.com/ru/novyny/ritorika-nenavisti-v-adres-kanonicheskoj-upc-privodit-k-napadeniyam-
na-hramy-v-zapadnoj-ukraine
67 https://uspishna-varta.com/ru/novyny/pravoradikaly-iz-s14-sorvali-zasedanie-komiteta-zashity-prav-advokatov
68 http://zib.com.ua/ru/134023-naau_obratilas_k_mezhdunarodnim_partneram_po_povodu_razrushe.html
69 https://uspishna-varta.com/ru/novyny/vo-lvove-aktivisty-iz-s14-zablokirovali-lvovskij-gorodskoj-sud
70 https://uspishna-varta.com/ru/novyny/opublikovan-doklad-o-narushenii-prav-advokatov-v-ukraine
71 https://uspishna-varta.com/ru/novyny/uspishna-varta-proinformirovala-komitet-oon-o-narushenii-
ekonomicheskih-socialnyh-i-kulturnyh-prav-v-ukraine

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Political and civil rights in Ukraine July September 2018

  • 1. 1 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 Monitoring for July-September 2018
  • 2. 2 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 This report on the observance of political and civil rights and freedoms was prepared by the Ukrainian human rights platform "Uspishna Varta" for the period July-September 2018. This report includes an analysis of legislative regulation and law enforcement practices in the framework of government policy, as well as the status of social respect for the following rights and freedoms in Ukraine in 2014- 2018. The right to freedom of speech and opinion Article 34 of the Constitution of Ukraine, Article 10 of the European Convention on Human Rights and Fundamental Freedoms, Articles 18 and 19 of the International Covenant on Civil and Political Rights. The right to freedom of thought Article 35 of the Constitution of Ukraine, Article 9 of the European Convention on Human Rights and Fundamental Freedoms, Article 18 of the International Covenant on Civil and Political Rights. The right to freedom of association Articles 36 and 37 of the Constitution of Ukraine, Article 11 of the European Convention on Human Rights and Fundamental Freedoms, Article 22 of the International Covenant on Civil and Political Rights. The right to freedom of assembly Article 39 of the Constitution of Ukraine; Article 11 of the European Convention on Human Rights and Fundamental Freedoms, Article 21 of the International Covenant on Civil and Political Rights. The right to political participation Article 38 of the Constitution of Ukraine, Article 25 of the International Covenant on Civil and Political Rights. This report assesses the observance of rights and freedoms on the territory controlled by the government of Ukraine. The human rights platform "Uspishna Varta" has no mandate to operate on the territories of Crimea and Donbass that are not under the control of the government of Ukraine in order to make an objective assessment of the human rights situation on these territories. This report is based on data obtained by the human rights platform "Uspishna Varta" via conducting detailed interviews with victims and witnesses of human rights violations and infringements, experts and human rights defenders, as well as via carrying out activities to assist in the protection of human rights in documented cases. Among them - the monitoring of trials, advocacy work with the duty bearers on respecting human rights, non- governmental organizations, and the media. © 2018 Ukrainian human rights platform "Uspishna varta". All rights reserved. More information about "Uspishna varta" can be found at uspishna-varta.com e-mail: uspishnavarta@gmail.com phone 0 800 20 40 04
  • 3. 3 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 Table of Contents _Toc527115545 THE GENERAL SITUATION WITH THE OBSERVANCE OF CIVIL RIGHTS AND FREEDOMS IN UKRAINE ...........................................................................................................................................................................4 THE RIGHT TO FREEDOM OF SPEECH AND OPINION..............................................................................6 Legislative regulation......................................................................................................................................................6 The systematic application of pressure on independent media companies...........................................................7 The interference of security and law enforcement bodies in the work of the media ....................................... 10 Physical violence against journalists and public activists....................................................................................... 12 THE RIGHT TO FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY................................... 18 THE RIGHT TO PARTICIPATE IN POLITICAL LIFE..................................................................................... 20 THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION............................................................. 21 THE DISCRIMINATION, HATE SPEECH AND AGGRESSION OF ULTRA-RIGHT GROUPS........ 23 ABOUT THE HUMAN RIGHTS PLATFORM “USPISHNA VARTA”........................................................... 25
  • 4. 4 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 According to the results of monitoring in July-September 2018, the human rights platform "Uspishna Varta" recorded 68 violations of political and civil rights and freedoms. This is 17% more than in April-June 2018, when 56 such facts were recorded. In 45 recorded cases (66%) the right to freedom of speech and opinion was violated; in 15 cases (21% in total) – the right to peaceful assembly; and in 9 cases (13%) – the right to freedom of conscience and religion. The persons most vulnerable to their rights being violated in Ukraine are journalists and bloggers (41% of violations) and media companies (10%), political parties (15%), and religious organizations (13%). It should be emphasized that the facts and cases of violation of the rights of journalists and the media, as a rule, are widely covered in the media space. While other categories of persons whose rights have been violated, either do not have the opportunity to make such cases public, or prefer not to do so. The increase in the number of cases of violation of rights and attacks on public organizations and activists, including human rights defenders, is alarming. In July- September 2018, there were 9 such cases (in April-June - 5 cases). In 29% recorded cases (20) rights were violated as a result of the activities of right-wing radical groups, such as “C14”, “National Corpus”, and “Bratstvo”. In these cases, law enforcement bodies are also responsible for their inaction and lack of response concerning these offenses. In 23% cases (16), the violation of rights was caused by the actions of the law enforcement bodies themselves (Security Service, Prosecutor's office, police). THE GENERAL SITUATION WITH THE OBSERVANCE OF CIVIL RIGHTS AND FREEDOMS IN UKRAINE
  • 5. 5 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 In a regional aspect, more than a third of all violations were recorded in Kyiv (25 cases). Compared to the previous period, the number of violations of rights in Odessa has increased dramatically - from 4 to 12 in July-September 2018. Amongst the "leaders" in terms of the number of violations there is Dnepr and Zhytomyr (5 cases in each of them), Lviv and Chernigov (3 cases).
  • 6. 6 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 The general situation of freedom of speech was determined by new legislative initiatives that could lead to a serious narrowing of the opportunities for the free expression of views and opinions, as well as an increase in the number of physical attacks on journalists and members of the active public. Legislative regulation A few months before the start of the presidential electoral campaign a number of legislative initiatives were announced in the Ukrainian Parliament that can become a tool for the authorities to put pressure on independent media. So, draft law No.90681 from September 7, 2018 stipulates the possibility of cancelling the licenses of TV channels and radio for "inciting hatred and enmity". The authors of the draft law were the Deputy from the “Bloc of Petro Poroshenko” and the head of the parliamentary committee on information policy Viktoriya Syumar, the former journalists Olga Chervakova and Georgy Shverk, the Chairman of the “Bloc of Petro Poroshenko” Artur Gerasimov, etc. If the draft law is adopted, the National Council for Television and Radio Broadcasting will be able to collect fines, and then cancel the licenses of TV channels and radio for making calls to violently change the constitutional system of Ukraine, to launch an aggressive war or its propaganda, and/or incitement to national, racial, and religious hatred, and others. Human rights activists2 fear that if the bill is adopted the National Council will receive virtually unlimited opportunities to put pressure on, and to even close, the TV and radio companies that don’t suit the authorities. Earlier, in February 2018, more than 60 media representatives and media companies addressed an open appeal to President Poroshenko and other authorities with a demand to stop censorship in the country and to stop the blackmail of the National Council. “The actual duties of this body have been reduced to censorship, constant unscheduled inspections, and blackmailing publications concerning the renewal of licenses, etc," it was said in the appeal3. On 4 July, the Parliamentary National Security Committee on Defence approved draft law No. 6688, which stipulates the possibility of Internet websites being extrajudicially blocked. Among the authors of the draft law there is the Secretary of the Committee and Deputy from the "Bloc of Petro Poroshenko" faction Ivan Vinnik. On July 5, the draft law did not gain enough votes to be included in the agenda of the Parliament. On September 4, the draft law was again put on the agenda of the Verkhovna Rada Committee on Information and communication4. The Committee decided to send the document away for revision. The document stipulates the possibility of temporarily blocking (restricting) access to a certain information resource via the decision of the court, the investigating judge, the investigator, the Prosecutor, and the National Security and Defense Council of Ukraine. Providers will be required by the government to temporarily block access to the website. The Security Service of Ukraine, which publicly supported the bill, reported that for 5 months of 2018 were “the use of 181 Internet resources by the Russian special services for the purpose of destabilizing the socio-political situation and manipulating the public consciousness of citizens was discovered and documented”5. According to the human rights platform “Uspishna Varta”6, the law poses significant threats to the media and the free exchange of information on the Internet, the rights to which are enshrined in article 34 of the Constitution of Ukraine, article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and articles 18 and 19 of the International Covenant on Civil and Political Rights. The OSCE representative for freedom of the media Harlem Desir also urged Ukrainian legislators to “seriously revise the text of the draft law and balance security issues with the right of citizens to freedom of expression and free media”. Desir is confident that the draft law “lacks provisions that ensure effective judicial supervision and due process in relation to decisions to block access to services”7. The UN OHCHR also stressed that States should THE RIGHT TO FREEDOM OF SPEECH AND OPINION
  • 7. 7 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 refrain from undue interference in the exercise of the right to the freedom to seek, receive, and disseminate any information, and recalls that any restriction on freedom of speech (in particular on the Internet) should be commensurate and necessary in order to achieve the intended purpose (international Covenant on Civil and Political Rights, article 19, part 3)8. On October 4, at the first reading of the Parliament law No.5670-d was adopted, which stipulates that the printed media must be published only in the Ukrainian language9. It may be published in other languages if the content is completely identical to the original Ukrainian. Electronic media should have a page in Ukrainian, which should be loaded by default as the home page. According to experts, these requirements will lead to an additional financial burden being placed on the media and will narrow their audience. There is also a high probability that these legislative norms will be used to fine and initiate criminal cases against opposition publications. Other initiatives have been voiced in addition to the draft laws that were already registered in the Parliament. So, on August 28, President Poroshenko said that he “predicts the intensification of the hybrid war of Russia against Ukraine as the elections come closer and insists that Ukraine should prepare for this by adopting laws to limit propaganda on social networks”10. On September 20, during his annual address to the Parliament, President Poroshenko also demanded to register "agents of influence" of the aggressor state. Journalists and experts admit that President Poroshenko wants to close “NewsOne” and other opposition media under the pretext of fighting "Kremlin agents"11. The systematic application of pressure on independent media companies In the third quarter of 2018 the facts of pressure being systematically put on independent media companies and TV channels were recorded. The main tool for applying pressure remained the inspections and fines of the National Council on TV and Radio Broadcasting (hereinafter - National Council). So, on July 11, the National Council decided to fine the TV channel "Inter" for 4 million hryvnia because of a concert it showed on the airwaves on May 9, 2018 on the occasion of Victory Day. “Inter” believes that the fine was imposed exclusively for “condemning Nazism as a manifestation of fascism" and intends to defend its interests in court12. In addition, the editorial board of the channel, which was besieged on May 9 by representatives of the right-wing radical group “National Corpus”, continued to receive threats. On July 27, on the eve of the broadcast of the prayer service during the procession of the Ukrainian Orthodox Church in Kiev a report arrived that claimed the channel had been mined. A similar situation was repeated on July 31. On August 29, the National Council also decided to randomly inspect the "Radio Vesti" radio station. According to the regulator, on July 18, the proportion of Ukrainian-language programs on the radio was 42.4%, instead of the required by law 55% concerning the daily volume of broadcasts. As a reminder, in February 2018, law enforcement officers came to the editorial office of the "Vesti" media holding and searched it, after which the premises were seized and occupied by unknown people. The work of the newspaper, website, and radio station was blocked for some time. The management of the "Vesti" media holding has repeatedly declared that the authorities are systematically putting pressure on it13. The most systematic attacks were on the “NewsOne” and “112” TV channels, which, according to unofficial information, changed their owners in the summer. On August 29, it became known that the management of the “NewsOne” TV channel had been transferred for 3 years to the lawyer Andrey Portnov, who previously held the post of the Deputy Head of the Presidential Administration. Immediately after the change of leadership had been announced, the “NewsOne” TV channel was subjected to systematic attacks by the authorities and law enforcement bodies.
  • 8. 8 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 So, on August 30, the National Council announced a warning to the TV channel allegedly for broadcasting TV programs made after August 1, 1991 that contained the popularisation or propaganda of law enforcement bodies, the army, or other military or security forces of the “aggressor state”14. On September 3, the chairmen of the “Bloc of Petro Poroshenko” and “People’s Front” factions criticised the channel during a meeting of the Parliament's conciliation council, saying that the dynamics of the anti-Ukrainian sentiment on “NewsOne” are becoming larger and "this channel increasingly broadcasts the Kremlin's dungeons, using representatives of the fifth column”15. On September 4, in the Parliament hall representatives of these factions called on the Prosecutor-General's office and the Security Service to investigate "pro-Russian" TV channels, which they call "Vata-TV", among which these deputies named "112", "NewsOne", and "Inter"16. On September 17th the Security Service of Ukraine sent a letter to the National Council stating that it regards a number of statements made by the host of the “NewsOne” TV channel as “cliches of Russian propaganda” that “may contain signs of a hidden appeal to commit aggressive actions”. The Security Service classified such statements as “party of war”, “party of peace”, and “Russia protects its interests”. The SBU also stated that it heard on the airwaves the word “fratricidal war”, “mechanism of splitting Orthodoxy”, and “the world doesn’t recognise Russia as an aggressor”, which aim to introduce “destructive moods” in society17. As a result, on September 20, the National Council appointed an unscheduled on-site inspection of the “NewsOne” TV channel, allegedly because it recorded on its airwaves signs of a violation of part 1 of article 28 of the Law of Ukraine "On information" and the "dissemination of the language of hostility". The TV channel refutes the claims of the Security Service and said that they are guided in their activities by journalistic standards. On September 20, the leader of the “People’s Front” parliamentary faction Maksim Burbak demanded from the Security Service of Ukraine to investigate previously aired information (on the "Espreso" TV channel, which is close to "People’s Front") about the “NewsOne” TV channel allegedly receiving funding from the Russian oligarch Oleg Deripaska. As it later turned out, the information received by the journalists of “Espreso” was false - it was a planned prank. The Ukrainian politician and previous owner of “NewsOne” Evgeny Murayev filed a lawsuit against the "Espreso" TV channel and Maksim Burbak. Rhetoric of hatred and a discrediting information campaign on the part of representatives of pro-government parliamentary factions and law enforcement bodies has generated a wave of aggression against the channel’s journalists, endangering their physical safety. On September 17, during a live broadcast from outside the building of the Prosecutor-General's Office of Ukraine, which had been stormed by representatives of right-wing radical groups, the journalist from the “NewsOne” TV channel Darina Bilera was attacked. Ice and eggs were thrown at the journalist, and then one of the participants of the gathering approached the journalist and hit her in the face. The police initially refused to detain the nationalist who attacked the journalist. She was notified of suspicion only after considerable outcry from the public and numerous requests from lawyers. On October 11, during the rally of the right-wing radical group C14 under the walls of the Ministry of Internal Affairs, another journalist from NewsOne, Anastasia Pshenichnaya, was attacked 18. The OSCE representative on freedom of the media Harlem Desir on his Twitter page said that the assault against the journalist Darina Bilera is absolutely unacceptable, and urged the Ukrainian authorities to fully investigate the incident.
  • 9. 9 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 At the same time, in some cases their colleagues working in pro-government media initiate the rhetoric of hatred against journalists from media outlets that oppose the government. So, the host of the “112” channel Denis Zharkikh was entered into the database of the "Mirotvorets" website after the statements of the host of the “Espreso” TV channel. She argues that Zharkikh worked with separatist television channels and has a pro-Russian stance. In this connection, the Prosecutor-General of Ukraine Yury Lutsenko gave the green light for the SBU to inspect the activities of Denis Zharkikh and his involvement with “separatist media”19. On October 4, the Parliament voted for the adoption of draft resolution No.9157, which involves the introduction of sanctions against the TV channels "112 Ukraine" and “NewsOne”20. The order stipulates the following sanctions: the freezing of assets, the cancellation or suspension of licences, the prohibition of the use of the radio frequencies of Ukraine, the prohibition of the transfer of technologies and rights to objects of intellectual property, and others. The resolution of the Verkhovna Rada and the possible decision of the NSDC violate not only the Constitution of Ukraine (article 34), but also a number of international obligations assumed by Ukraine. The OSCE representative on freedom of the media Harlem Desir expressed deep concern about any future decision to terminate or potentially block the regular functioning of the media in Ukraine. "I call on the Ukrainian authorities to refrain from taking disproportionately restrictive measures against the media without due process, because it will have a negative impact on free access to information and prevents the expression of diversity of opinions," he said21. Other media companies in Ukraine also reported that the authorities and law enforcement bodies are putting pressure on them. So, on August 23 a seventh criminal case was initiated against the Internet newspaper "Strana.ua" under article No.387 of the Criminal Code of Ukraine (The disclosure of data constituting a secret of the pre-trial investigation). On September 18 “Strana” declared that an employee of the SBU threatened to punish the journalist of the publication who photographed in May 2018 the villa of President Poroshenko in Marbella (Spain). On October 1, the editor-in-chief Igor Guzhva reported that he had received political asylum in Austria. The “Bihus.info” investigative journalism team led by Denis Bigus also reported about being surveyed by the SBU. On September 4, “Radio Svoboda” expressed its indignation at the decision of the Pechersky court, which gave the Prosecutor-General's office of Ukraine access to the personal information of the journalist and editor-in-chief of the "Schemes" investigation program Nataliya Sedletskaya22. Later the decision of Kiev’s Court of Appeal granted the Prosecutor-General's office the right to access a smaller volume of data from the phone of the journalist. The OSCE called on the Ukrainian authorities to respect the privilege of Nataliya Sedletskaya as an investigative journalist and to adhere to international standards and OSCE commitments. Attempts to put pressure on YouTube channels featuring socio-political content were also recorded. Thus, on July 12, 2018, the Pechersky court of Kiev adopted a decision that allows investigators of the National Police of Ukraine to contact Google with a request for data on a number of YouTube channels, including the channel of the known journalist and videoblogger Anatoly Shariy23. On 22 August, the team of the Ukrainian YouTube channel “Klymenko Time” announced another deliberate wave of attempts to block the website. Earlier, on December 12, 2017 employees of the Security Service of Ukraine and the Military Prosecutor's office searched the studio of “Klymenko Time” and seized all equipment24. The situation with the state television “UA:Pershiy”, which is funded by Ukrainian taxpayers, is ambiguous. Firstly, the leadership of the National Public Broadcasting Company of Ukraine (NPBCU) announced the closure of the program "Good morning, country". This statement followed immediately after the leader of the party "Batkivshchyna" Yuliya Tymoshenko took part in the program on July 5. At the end of September, the Concern of broadcasting, radio communication and television turned off the analogue broadcasting of “UA:Pershiy” because of debts. It is noted that the deficit of critically needed funds up to the end of 2018 is 220 million hryvnia.
  • 10. 10 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 The interference of security and law enforcement bodies in the work of the media Despite numerous comments from representatives of the UN, OSCE, and other international organisations, the practice of banning foreign journalists still takes place in Ukraine. On July 10 the British journalist John Warren was not allowed to enter Kiev and was banned from entry for 3 years because of unauthorized visits to the Crimea in September-October 2015. On July 18, the SBU banned the Chairman of the Union of Journalists of Russia Vladimir Solovyov from entering the country for three years. The OSCE representative on freedom of the media Harlem Desir said he was "disappointed" by Solovyov's non-admission and that "travel restrictions affect the free flow of information". The SBU’s practice of persecuting users of social networks for their posts also remained widespread. So, in August, the SBU said that it had supposedly exposed and blocked the activities of a network of Internet agitators that the Russian special services had prepared for interference in the upcoming presidential elections in Ukraine. Residents of the cities of Dnepr, Krivoy Rog, and Nikopol who are supposedly the administrators of groups on social networks were arrested25. On September 14 the SBU reported the detention of an "anti-Ukrainian Internet agitator" in Odessa. As a rule, detainees are charged with the deliberate distribution of materials with calls to commit intentional actions to change the borders of the territory and the state border of Ukraine (part 1 of article 110 of the Criminal Code) for political and ideological reasons. These are social media users, journalists, and political activists who have exercised their right to freedom of speech and opinion. At the moment there are 188 criminal proceedings in the courts of Ukraine concerning these cases, but the courts of Ukraine have considered only 14 indictments. Most of the detainees reach a deal with the investigation and plead guilty in exchange for a suspended sentence. During July-September, such cases were recorded in Lutsk26, Mariupol27, and Melitopol28. Although criminal procedure law prohibits sentencing solely on the basis of a confession, the use of plea agreements allows the prosecution to circumvent this guarantee. As soon as the plea agreement is brought to court, the court terminates the case regardless of what stage the proceedings are at. It is a matter of concern that the accused may have entered into such agreements under duress. Since 2015, the practice of bringing journalists and bloggers to criminal responsibility under "separatist" articles has become excessively widely used by the SBU. As a rule, detainees have no alternative to staying in pre- trial establishments (SIZOs) and court hearings on their cases are deliberately delayed. Lawyers express the opinion that the cases are deliberately delayed so that the representatives of the accused are not able to appeal to the ECHR. Contrary to the calls of international organisations to release these persons as prisoners of conscience, the leadership of the state of Ukraine refuses to recognize the existence of political prisoners in Ukraine. During July-September 2018, the following cases were constantly monitored by the human rights platform "Uspishna Varta". Kirill Vyshinsky, editor-in-chief of “RIA Novosti Ukraine”, was detained by the SBU on May 15, 2018 on suspicion of treason (part 1 of article 111 of the Criminal Code). He is in pre-trial establishment (SIZOs) in Kherson without an alternative. Vyshinsky is accused of allegedly justifying in 2014 the annexation of Crimea and supporting the self-proclaimed Donetsk and Lugansk "People's Republics". The proof of his "subversive activities" in Crimea is allegedly a state award of the Russian Federation. In their accusations against Vyshinsky, law enforcement bodies refer not to the results of an official examination of the website’s content, but to the information of the NGO with an ambiguous reputation “StopFake”29. On 6 July, Vyshinsky was informed of suspicion of committing another criminal offence under article 263-1 of the Criminal Code (Illegal acquisition and possession of firearms and ammunition).
  • 11. 11 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 The representative of Ukraine at the talks in Minsk Irina Gerashchenko spoke publicly about the possibility of exchanging Vyshinsky for Ukrainian political prisoners held in the Russian Federation. During hearings on July 11 and September 6 the Kherson city court supported the Prosecutor's office's request to prolong the period of detention for another 60 days. At the same time, the court has delayed its consideration of the appeal of Vyshinsky's lawyers. On September 26, the journalist was not taken to court, and on October 2 the court hearing did not take place because of the reassignment of judges. The lawyer of the journalist said that in civilized countries the conditions of Vyshinsky’s detention in the pre-trial detention center of Kherson would be considered as torture, since the windows were removed from the cells and the investigation rooms30. Vasily Muravitsky is an opposition journalist and analyst. He was detained by the SBU on August 2, 2017 on charges of treason after he concluded a standard employment contract with an international Russian publication, where he published his analytical column. Muravitsky was accused of the "psychological manipulation of public consciousness" and even fundraising in favor of the "DPR" and "LPR", calling him a “pro-Kremlin” journalist-blogger. Amnesty International recognized Muravitsky as a prisoner of conscience. After spending 11 months in jail, on June 27, the Korolevsky court of Zhytomyr changed the measure of restraint, and the journalist was transferred to house arrest. During hearings on August 6 and September 28, the court at the request of the Prosecutor's office extended the house arrest of the journalist. Representatives of the right-wing radical group “C14” attended both sessions of the court, which can be regarded as an attempt to pressure the court. On August 6, immediately after the court session, they attacked Muravitsky and doused him with Zelenka31. On September 28, representatives of “C14” led by Evgeny Karas and Sergey Mazur (accused of organizing a pogrom of the Romani camp on Lysa Gora in Kiev on April 21, 2018) attacked the lawyer Andrey Gozhy and the local journalist Andrei Loktionov directly in the courtroom32. The police, who arrived after the incident had happened, did not bring the attackers to justice. After the court session “C14” attacked one of Zhytomyr’s cafes and held a torchlight march through the city. Pavel Volkov is a journalist and blogger. He was arrested on September 27, 2017 and charged under article 110, part 2 of the Criminal Code of Ukraine – infringing on the territorial integrity of Ukraine (by a group of persons) and article 258- 3 – giving other assistance to terrorists. Both articles are incriminated to him due to his publications on the Internet and an allegedly found badge of an observer of a referendum in Donetsk. The group of persons (part 2 of article 110) appears as "unidentified" in the indictment, which gives the opportunity to qualify the unsubstantiated allegations under a more serious article. On July 5 and August 27 the Shevchenkovsky court of Zaporozhye once again extended the measure of restraint of the journalist, despite the arguments given by his defence concerning the deterioration of the health of the defendant. During the trial the Prosecutor did not attach new evidence to the case. On September 13, the court satisfied the claim of Volkov’s lawyer for the recognition of two volumes of evidence as inadmissible33. The next meeting on his case on September 25 didn't take place because of an illness of the judge. The trial of Volkov was postponed indefinitely. Meanwhile, the period of detention of the journalist expires on October 25th and, if the judge does not
  • 12. 12 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 leave the hospital before that time, then there is a risk that consideration of the case will start from the beginning with a new panel of judges. On September 27 it was exactly a year since Pavel Volkov has been in a pre-trial establishment (SIZOs). Dmitry Vasilets is an opposition journalist and public figure. The SBU detained him on November 24, 2015 together with his colleague Evgeny Timonin on charges of giving information assistance to terrorism (article 258-3 of the Criminal Code of Ukraine) because of their 4-day trip to Donetsk in July 2014. After spending two years in a pre-trial detention center, on 29 September 2017 the Andrushevsky court of Zhytomyr handed down a guilty verdict and condemned Vasilets and Timonin to 9 years of imprisonment. On February 21, 2017, the Kiev Court of Appeal overturned the verdict, sending the case to the court of first instance for a new trial and changed the measure of restraint to house arrest. The repeated hearing of the Vasilets-Timonin case was appointed in the Borodyansky District Court of the Kiev Region, but it hasn’t yet begun. The scheduled hearings for August 16 and September 13 were postponed 34. Physical violence against journalists and public activists The UN OHCHR in its report on the human rights situation in Ukraine from 16 May to 15 August 2018 recorded 32 violations, as well as violations of the rights of 23 media representatives and civil society activists. This is a 210% increase when compared to the previous reporting period (February-May 2018). The UN OHCHR is concerned not only about the nature of the aforementioned attacks, but also about the repeated allegations made by the victims or their representatives about police negligence and/or the investigation being delayed35. Lengthy and dragged-out investigations and the police’s exclusion of attacks on civil society activists and media workers from the number of priority cases continue to contribute to the narrowing of the civilian space while the perpetrators are not prosecuted. There is still no progress in investigating the murders of journalists and bringing suspects to justice. On July 20, on the anniversary of the death of the journalist Pavel Sheremet, who was blown up in his car, Ukrainian human rights activists and journalists demanded a public report from law enforcement bodies - the National Police, the Security Service, and the Prosecutor-General of Ukraine - about the investigation and the prosecution of those responsible for the death of Pavel and other journalists killed in recent years in Ukraine36. Earlier the Prosecutor General Yury Lutsenko stated that the investigation into one of the possible narratives in the case of the murder of the journalist hasn’t seen any progress. An alternative investigation conducted by independent organisations showed that the investigators had not questioned key witnesses and that the security camera records had not been verified. Only in August did the Shevchenkovsky court of Kiev re-start the hearing on the murder of the journalist Oles Buzina (killed on April 16, 2015 in the yard of his own house), annulling all previous results of the case. The defendants are representatives of the “C14” group Andrey Medvedko and Denis Polishchuk. At the August 9 court session, during a long debate, a survey of candidates for the jury was held. In the corridor of the court representatives of right-wing
  • 13. 13 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 radical groups shouted slogans: “Judge the separatist and not the soldiers!”, “Judges remember, power is not eternal!”, “Disqualify the judges!”. At the end of the hearing the composition of the jury was approved. On September 26, the court session was cancelled due to the judge's illness. The next meeting is scheduled for October 23. The inaction of the police and the absence of punishment for attacks and even the murders of journalists gave rise to a wave of violence among right-wing groups against media representatives and bloggers. In July, the National Union of Journalists of Ukraine (NUJ), which, together with partner public organizations, monitors the monthly "index of physical safety of journalists of Ukraine", recorded 8 incidents37 involving the use of force against journalists, in August - 4, and in September - 738. Right-wing radical groups were involved in a number of incidents.  Sergey Bliznyuk - acting editor-in-chief of the "Vesti Borznyanshchiny" newspaper (Chernigov region). On July 25, about 15 people blocked the exit of a meeting room and held the employees of the district administration and the editor-in-chief of "Vesti Borznyanshchiny" Sergey Bliznyuk, who wrote an article about the youth Orthodox camp in Chernigov, inside for more than an hour. The activists hit Sergey several times, and also forced him to write a statement of resignation. The clergy and laity unanimously adopted an appeal to the President and the Interior Minister in connection with the attacks on the Orthodox children's camp and the beating up of a journalist39.  Alina Terner, Stepan Kryoka - journalists of the "Ukrainskie Novosti" news agency, Kiev. On August 3, an unknown person assaulted the press center, glued posters everywhere, and pelted the speakers (along with the press center administrator and the journalist of the agency) with eggs.  Vasily Muravitsky - blogger, Zhytomyr. On August 6 the journalist Vasily Muravitsky – accused of treason – was doused with Zelenka after a court hearing that elected a measure of restraint for him.  Darina Bilera - correspondent of the “NewsOne” TV channel, Kiev. On September 17, Darina Bilera was attacked during the storming of the Prosecutor General's Office. The woman was attacked by nationalists and radical people who tried to snatch the correspondent’s microphone, insulted her, disturbed her in every way possible during a live broadcast, and threw eggs at her head. Representatives of right-wing radical groups also carry out attacks on bloggers who express an alternative political position (such cases are not included in the NUJ index). Thus, on 20 July 2018 the blogger Pavel Khomiv, who made critical comments about such groups, was assaulted in Lvov. According to preliminary information, the incident involved former members of the radical group "Right Sector". Law enforcement officers firstly detained the attackers, but then soon released them40. On July 18 in Kiev near the Goloseevsky district court a conflict arose between the leader of “C14” Evgeny Karas and the journalist of "Gromadske" Igor Burdyga. During a verbal altercation Karas hit the reporter in the face. The incident occurred during the election of a preventive measure for one of the coordinators of “C14” Sergey Mazur concerning the case of dispersing and burning a Romani camp at Lysa Gora in Kiev. "Gromadske" decided to suspend the journalist from working for the channel in order to deal with the incident. The leader of “C14” Karas has not been held accountable41.
  • 14. 14 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 A number of incidents involved representatives of law enforcement and security agencies:  Vitaly Tkachenko, Miroslav Bekchev - freelance correspondents of the publication "Obshchestvennyy Priboy", Konstantin Slobodyanyuk - editor of "Obshchestvennyy Priboy", Odessa. On July 13 fighters from the municipal enterprise “Munitsipalnaya Strazha” beat up the journalists. Miroslav Bekchev found himself in hospital with a cranial-cerebral trauma and a burnt retina after being sprayed by pepper spray. The journalists obtained testimonies and conducted filming for material about the conflict between a law firm and the city authorities. The pre-trial investigation in criminal proceedings is being carried out under part 3 of article 171 and part 1 of article 345-1 of the Criminal Code.  Yusuf Inan - Turkish opposition journalist. On July 17 employees of the Kiev SBU forcibly took him out of his house in Nikolaev. A decision to extradite him was made quickly, without the right to appeal. In the end, the journalist was handed over to the Turkish intelligence agencies, which caused a wave of indignation among human rights defenders in Ukraine and abroad.  Efrem Lukatsky - photojournalist, head of the representative office of the AP Agency in Ukraine. On 28 July, a police officer, despite the warnings of AP, deliberately sprayed gas from a police canister into the journalist's face. The incident occurred during clashes with the police with the participation of "National Druzhina" concerning a construction in one of the residential areas of Kiev. At the local level, in regions, journalists were generally targeted by representatives of private and municipal firms whose activities they were investigating. Also, journalists investigating the activities of local authorities and deputies of the local level are attacked.  Nikolay Chirva - correspondent of the newspaper "Perviy Krivoyrozhskiy", Krivoy Rog. On 18 July the journalist was hit by an employee of the municipal company "Skorostnoy Tramvay" when he was preparing material about the cruel treatment of stray animals.  A journalist of the "Vzglyad" information agency, Irpen in the Kiev region. On July 19, an unknown assailant doused a woman with Zelenka when she left her office after the end of the day. The attack is associated with a number of materials-investigations prepared by the victim. The journalist does not want her name to be known, as she worries about her family.  Olesya Shevchuk - correspondent of "Channel 34", Dnepr. On July 23, a woman was hit by one of the owners of kiosks selling alcohol during filming for a program.  Grigory Kozma - editor-in-chief of the "Obshchestvennoye Sledstviye" journal, Odessa. On August 2 in a suburb of Odessa a truck driver drove into the parked car of the journalist Grigory Kozma whilst he was inside it. The police qualify the event as an assassination attempt.  Elena Balaba - freelance journalist, Odessa. On 31 August the female journalist was beaten by a piece of metal pipe in the city courtyard at the scene of a photo shoot of events, causing minor bodily harm. Criminal proceedings were initiated under article 345-1 of the Criminal Code (“Threat or violence against a journalist”).  Nikolay Popov - editor of the Internet publication "Moy Gorod", Nikolaev. On September 8 in one of the entertainment institutions of Nikolaev a Deputy of the Novo Odessa Regional Council, together with his friend, attacked the editor-in-chief of the Internet publication.
  • 15. 15 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018  Kristina Krishikha, Aleksandr Polodyuk - correspondent and camera operator of the "Stop corruption" information portal, Kiev. On September 11, the film crew of “Stop corruption” was held hostage for 8 hours by employees of an agricultural company in Lidievka of the Nikolaev region. During the fight with the head of the enterprise, the journalist’s bag was broken. The farmers hunted down the camera operator. In addition, the quadcopter of "Stop Corruption" was damaged.  Svetlana Fedyk - correspondent of the "112 Ukraine" TV channel, Kiev. On September 13 in Verkhnedneprovsk (Dnepropetrovsk region) during a journalistic investigation into a psycho-neurological boarding school the Director of the institution hit the woman in the face with his fist. Also several employees of the boarding school immediately beat Svetlana’s camera operator.  Sofiya Skiba - editor of the "Perviy Krivoyrozhsky" website, Krivoy Rog. On September 15, a businessman attacked the editor of the website during filming of a rally against the illegal construction of greenhouses. The police initiated criminal proceedings under the first part of article 171 “Obstruction of legitimate professional activities of journalists”.  Ekaterina Kurbatova – the regional correspondent of the national TV channel “ICTV”, Lutsk. On 28 September near the village of Kamennoye-Sluchanskoye in the Rovno a car blocked region the route of journalists whilst they were travelling to the place where amber is illegally produced. The journalists were threatened, an attempt was made to snatch their camera, and the windshield of their car was broken.  Yuliya Gunko - journalist of the “Bolshye Chem Pravda” journalism program of the “ICTV” channel, Kiev. On September 29, during a night raid with community activists and the police, a group of young people attacked Yuliya and the camera operator. At first an attempt was made to snatch the equipment of the film crew, they were punched and threatened, then the journalist was punched in the face. Also prevalent is the damaging of editorial property. On July 10, in the Dnepropetrovsk region (Kamenskoye) unknown persons burned the editorial office of the "Sobytiye" opposition newspaper. The room and the equipment of the publication were destroyed. Information about this fact was entered into the unified register of pre-trial investigations with a preliminary qualification under part 2 of article 347-1 of the Criminal Code of Ukraine (“Deliberate destruction or damage of property of a journalist”)42. In September, the NUJ said that the SBU was refusing to investigate the systematic arsons of the media and the intimidation of journalists in Kamenskoye. According to their information, over the past 2 years 5 arsons of the editorial office and property of journalists were carried out in Kamenskoye (Dnepropetrovsk region), and the perpetrators have not yet been found.43. According to statistics for 2015-2017, 96% of attacks against journalists remain uninvestigated and the perpetrators have not been punished. Even in instances where the attackers have been detained, consideration of such cases is delayed. For example, the human rights platform "Uspishna Varta" provides the journalist from Zhytomyr Ruslan Kunavin (Moroz), who was attacked and robbed on June 10, 2017, with legal support. For more than a month he was in hospital for treatment, but due to the severity of the injuries, he also needs to continue treatment after being discharged. Consideration of the case of Moroz in court was postponed for a long time for different reasons. Only on July 12, 2017, after numerous postponements, did the hearing on this case take place. The persons suspected of assaulting the journalist are incriminated under part 2 of article 187 (robbery by a group of persons), which threatens 7 to 10 years of imprisonment. Despite the severity of the charges, they have been kept under house arrest all this time, and not even around the clock house arrest. Hearings concerning the case of the journalist were held on July 24 and August 21. Under the weight of the evidence, the persons who attacked the journalist confessed to committing the crime, but denied that the attack was politically motivated. The international organizations Amnesty International, Human Rights Watch, Freedom House, and Frontline Defenders call for measures to be taken regarding attacks on activists and human rights activists in Ukraine. According to
  • 16. 16 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 these organizations, over the past nine months, local human rights organizations in Ukraine have recorded more than 50 attacks on activists and human rights defenders. Among the victims of the attacks are people working in the areas of protection of LGBTQ rights, environmental protection, and anti-corruption. Thus, on July 31 43-year-old local Avtomaydan activist and ATO member Vitaly Oleshko was shot dead in Berdyansk (Zaporizhia region). As a result the police of the Zaporozhye region initiated criminal proceedings under part 1 of Article 115 of the Criminal Code of Ukraine (premeditated murder). On the same day in Kherson an unknown man attacked Ekaterina Gandzyuk, who administers the affairs of the Executive Committee of the Kherson City Council. According to the journalist Sergey Nikitenko, the assailant threw acid at the clerk. The victim was taken to hospital with burns. This incident was preliminarily qualified under Article 296 of the Criminal Code of Ukraine "Hooliganism". The following day "activists" picketed the Kherson regional Prosecutor's Office because of Ekaterina Gandzyuk's case, rushed into the building, and staged a riot inside it. The media reported that the instigators of the riot are members of the radical organization "National Corpus". When they stormed the building they also used smoke bombs. On September 22 in Odessa unknown persons opened fire at Oleg Mikhaylik - the Odessa public activist and head of the city organization of the "Sila Lyudey" party who repeatedly spoke against the present leadership of the city hall. The police qualified the incident as attempted murder (article 15 and article 115 of the Criminal Code of Ukraine)44. Later, the police announced the detention of persons suspected of attacking the activist. On June 5 the court also arrested the head of the Odessa organization "Automaidan" Vitaly Ustimenko as a suspect. According to media reports, both defendants in the case are former soldiers of the "Azov" regiment, members of the organization "National Corpus", and are soldiers who are listed as “voluntarily abandoning their unit without permission”. On September 27, in Kiev, representatives of right-wing radical groups “C14”, “National Corpus”, and a number of liberal social activists who supported Euromaidan in 2014, came out to a protest rally outside the administration of President Poroshenko and demanded to investigate attacks on civil activists. Synchronously with the rally of "activists", the US embassy in Ukraine expressed concern about the numerous attacks on civilian activists in Ukraine and urged the authorities to respond to them properly. This was stated in the statement posted on Twitter. The human rights platform “Uspishna Varta” categorically condemns violence against public activists and expects a thorough investigation and the prosecution of those responsible. At the same time, the experts of our organisation are confident that the main reason for the increase in the number of cases of violence against this category of citizens is the general atmosphere of impunity and aggression that was created in Ukrainian society, including through the actions of these right-wing groups and a number of public activists45. It is also necessary to pay attention to the persecution of other social activists and human rights activists who hold alternative views on the political agenda in Ukraine. In early August, in Lvov "activists" from the Organisation of Ukrainian Nationalists (OUN) published a list of human rights defenders, journalists, and activists who, in their opinion, represent the "Moscow fifth column in Lvov", at the same time revealing the personal data of citizens. The list included the human rights activist from “Uspishna Varta” Galina Chaika, as well as the blogger Pavel Khomiv, the theater actor Nikolay Sanzharevsky, and clergymen of the Lvov diocese of the Ukrainian Orthodox Church. After “Uspishna Varta” submitted an appeal
  • 17. 17 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 concerning this fact to the prosecutor’s office of the Lvov region with a request to document the fact of a criminal offense, the prosecutor transferred the appeal to the Investigation Department of the SBU of the Lvov region. The latter, in turn, replied by saying that it does not intend to investigate this crime.46 The Prosecutor General's Office of Ukraine refused to investigate the fact that information about the employees of the human rights platform “Uspishna Varta” Nataliya Natalina and coordinator Tatiyana Galonza was added to the “Mirotvorets” website. The personal data of human rights defenders was published immediately after the appearance of the investigation of “Uspishna Varta” into the use of the “Mirotvorets” website by the judicial system of Ukraine, which is reflected in the decisions of certain judges. In addition, human rights defenders proved that the adviser to the head of the Ministry of Internal Affairs Anton Gerashchenko and the deputy minister for temporarily occupied territories and internally displaced persons of Ukraine Georgy Tuka are behind the illegal activities of the “Mirotvorets” website47. "Uspishna Varta" appealed to the court concerning the inaction of the prosecutor's office48. On September 29, unknown persons set fire to the house of the head of the public human rights organization “Mi Razom” and journalist of the “Legal Control of Ukraine” newspaper Artur Zhurbenko. According to the human rights activist, the fire in his house in the Zhytomyr region happened after Zhurbenko, the day prior, in the Starobelsk court (Lugansk region), actively studied the activities of the judges involved in the case of Aleksandr Efremov49. The police qualified the incident as arson. Recall that the OSCE participating States committed themselves to providing special protection of human rights defenders (Budapest, 1994). According to the OSCE/ODIHR Guidelines on the Protection of Human Rights Defenders, human rights defenders are at particular risk and often become victims of serious abuse because of their human rights activities. The main responsibility for protecting human rights defenders is borne by states. Effective protection of the dignity, physical and psychological integrity, freedom, and security of human rights defenders is a prerequisite for the realisation of their right to defend human rights.
  • 18. 18 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 Contrary to the numerous recommendations of international organizations, the Ukrainian parliament did not pass a special law on peaceful assemblies, which would establish the necessary time frame for prior notification of the event, its form, mass scale, place and time, the duties of law enforcement agencies to protect the event, as well as restrictions on the implementation of this right. Since 2015, two relevant draft laws have been registered in parliament, however they have received significant criticism from human rights defenders and international observers. In 2016, the Venice Commission published recommendations for draft laws, but as of June 2018 the law has not been finalised and adopted. The relevance of the adoption of the Law on Peaceful Assembly increases sharply on the eve of the 2019 presidential and parliamentary elections in Ukraine. During July-September 2018, attacks committed by right-wing radical groups on peaceful assemblies, offices, and representatives of opposition political parties and movements have become more frequent. A number of political forces are subjected to systematic attacks in various regions. On July 6, representatives of the ultra-right group “C14” attacked the participants of the meeting of regional representatives of the “Rozumna Sila” party in Kiev. The deputy head of the party Aleksandr Savchenko was injured50. On August 22, representatives of radical groups broke into the press conference of the “Rozumna Sila” party in Chernigov, destroyed banners, flags and posters, and insulted the participants51. On September 26, representatives of the “National Corpus” group broke into the office of the party in Pokrovsk (Donetsk region) and trashed it52. The facts of the peaceful assemblies of other political forces and movements being disrupted have also been recorded:  On July 19, representatives of the right-wing radical group “C14” disrupted the “Association of Patriotic Forces Forum” in Kiev. The event was organised by the head of the “Patriotic Party of Ukraine” Mykola Gaber and the head of the “Bogolyub” charity foundation Nataliya Mirolyub.  On July 23, in Mukachevo, an attempt was made to disrupt the meeting of the “Socialists” party, where a constituent conference of the Transcarpathian regional party organisation was supposed to be held. Prior to the event, the police station received information from unknown persons about the hotel that the event was due to take place in being mined 53.  On September 21 in Zhytomyr, representatives of “C14” disrupted the meeting of the association “Women for Peace”, which is headed by the people's deputy Nataliya Korolevska (Opposition Bloc)54.  On 23 September, in Lvov, representatives of the anarchist organisation "Cherniy Styag" was attacked and suffered severe knife wounds. The representative of "Cherniy Styag" Anton Parambul said that he saw that several attackers wore T-shirts bearing the inscription "National Corpus". The leader of the right-wing group “C14”, Evgeny Karas, publicly justified the actions of the attackers, citing the affiliation of the victims to anarchist movements. THE RIGHT TO FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY
  • 19. 19 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 Attacks by right-wing organisations, as a rule, are also accompanied by the SBU’s heightened interest in the activities of the organisation. Thus, on August 1, 2018 SBU officers searched the office of the “Rozumna Sila” party in Odessa. As the party reported, representatives of the special services seized equipment and documents. On July 19, the cyber police searched the office of the “Communist Party of Ukraine” (CPU) and seized computer equipment that supported the website of the party. In addition, the police established and interrogated those who had access to the administration of the website. The police announced the beginning of criminal proceedings under Part 2 of Article 436-1 of the Criminal Code "Production and distribution of communist or Nazi symbols and propaganda of communist and national-socialist (Nazi) totalitarian regimes". According to the leader of the Communist Party, Petr Simonenko, the reason that the website was closed is because of a post including photos of the first Secretary of the Communist Party of Ukraine (USSR) Vladimir Shcherbitsky. The CPU, we recall, was banned after the court satisfied the lawsuit of the Ministry of Justice of Ukraine. The party continues to challenge this decision in court. A number of other parties are also suing the Ministry of Justice, challenging its refusal to register documents or the ban of the party.  On July 4, the “Progressive Socialist Party of Ukraine” (PSPU) won an appeal in a lawsuit against the Ministry of Justice, which refused to register the revised charter and program of the party, which had been amended by three successive party congresses in order to comply with the new laws.  On September 20, the first hearing of the District Administrative Court of the city of Kiev was held in accordance with the lawsuit of the Ministry of Justice of Ukraine banning the party “Uspishna Kraina”. The Prosecutor-General’s Office and the Security Service of Ukraine were involved as third parties. Since the prosecutors could not confirm their authority, the court postponed its consideration of the lawsuit to November. The claim of the Ministry of Justice is based on the letter of the Deputy Prosecutor-General and Chief Military Prosecutor Anatoly Matios. The party regards the interference of the Military Prosecutor's Office in their activities as a direct violation of basic principles of the Constitution of Ukraine55. In addition to opposition political parties, right-wing radical groups attacked other peaceful assemblies too. Days of memory in Odessa. On September 3, on Kulikovo field in Odessa, the members of the “Right Sector” group poured Zelenka over two people, who, together with the rest of the crowd, came to honour the memory of those who died in the tragedy at the House of Trade Unions on May 2. According to the representative of “Right Sector”, the police detained two members of the organization. Cultural events. On August 8, in Odessa, the performance of the 2015 Nobel Prize winner in literature Svetlana Alekseevich, was disrupted because of death threats. She started to receive threats after the data of the writer was published on the scandalous “Mirotvorets” website on the day of her meeting with the residents of Odessa. LGBT community. On July 4, 2018, an attack was committed on the LGBTQI community center in Kharkov during a language club meeting. The attackers used smoke bombs and gas grenades and broke furniture and other property. The club’s visitors were evacuated through the back door. No casualties were reported. Anti-corruption actions. On July 17, in Kiev, during a rally of anti-corruption activists against the head of the Special Anti-Corruption Prosecutor's office Nazar Kholodnitsky, a group of young men in military uniforms attacked Vitaly Shabunin, one of the organisers of the rally and chairman of the board of the “Center for Countering Corruption”, and poured zelenka on him. The victim received a chemical burn in both eyes. Police officers detained two people, took them to the police station, and qualified the attack under Article 173 of the Code on Administrative Offenses - “disorderly conduct”. An investigation into the attack on the anti-corruption activist Shabunin was publicly demanded at the embassies of the United States and Great Britain.
  • 20. 20 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 The regulatory framework for holding elections in Ukraine after 2014 remains fragmented and contains gaps and inaccuracies. On November 7, 2017 people's deputies voted at the first reading for the draft electoral code, which combined 5 electoral laws: on the election of the President and people's deputies; on local elections; on the central election commission; and on the state voter register. Amendments to the code are still being considered in the Parliamentary Committee on Legal Policy and Justice. In the absence of an electoral code, the key role in regulating the issues of electoral legislation will be assigned to the Central Electoral Commission. On September 20, after years of debate, the Verkhovna Rada dismissed 13 of the 15 members of the Central Election Commission (CEC) and voted for 14 new CEC members, the candidates for which the president submitted to the Parliament in February of this year. Two members of the CEC retained their positions until April 2021. One vacant seat will be in the quota of the “Opposition Bloc”, which has so far refused to submit its candidacy, based on the position that the third largest faction in parliament should have two CEC representatives, not just one. Earlier, on September 18, specifically for the purpose of these appointments, the parliament decided to expand the composition of the CEC to 17 people. The law also changed the provision on how many commission members can be considered a quorum (11 people). According to experts, from the 16 appointed members of the commission, 9 members can be considered as being loyal to the administration of President Poroshenko. Nearly one and a half million Ukrainians will not take part in united territorial communities elections, since the CEC did not schedule the first elections that were scheduled for the autumn 2018. In total, there are 121 such united territorial communities. The CEC has faced a legal collision. The law “On the All-Ukrainian Referendum”, adopted under president Yanukovych, was declared unconstitutional this year. In the current situation, the old law “On the All-Ukrainian and Local Referendum”, which was adopted back in 1991, begins to operate. According to this document, the question of united communities should be decided in local referendums. They were not held, and accordingly the members of the CEC decided not to call united territorial communities elections, since the members of the Central Election Commission have doubts about their legitimacy. On August 22, the Supreme Court upheld a ban on internally displaced persons voting in local elections. The court justified its decision by stating that the certificate of registration of IDPs certifies their residence only for a certain period of time, i.e., it is not permanent, but temporary residence on the relevant territory. The court’s decision contradicts one of the UN Guidelines on Internal Displacement (1998), which states that IDPs “should not be subjected to any discrimination due to their movements”, including when exercising “the right to vote and to participate in state and public affairs"56. At the same time, the Central Election Commission simplified the procedure of temporarily changing the place of voting for internally displaced persons from the Donetsk and Lugansk regions. According to the CEC resolution, now, if voters are internally displaced persons whose electoral address is in the temporarily occupied territories of cities, towns, villages that are parts of the Donetsk and Lugansk regions, they don’t need to attach documents confirming the need for a temporary change of their place of voting to their application. The implemented procedure can be used only during the period of the elections in Ukraine for the presidency and for people's deputies of Ukraine, as well as for an all-Ukrainian referendum.57. THE RIGHT TO PARTICIPATE IN POLITICAL LIFE
  • 21. 21 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 In connection with representatives of the Ukrainian authorities actively lobbying the issuance of permission to create a local church by receiving Tomos from the Patriarchate of Constantinople, discrimination and rhetoric of hatred against parishioners and the priesthood of the canonical Ukrainian Orthodox Church has significantly increased. On July 27-28, celebrations dedicated to the 1030th anniversary of the Baptism of Rus’ were held in Ukraine. On July 27, parishioners of the Ukrainian Orthodox Church (UOC) held a procession in Kiev in honour of all the years of Ukraine’s independence. According to the UOC, 250,000 people took part in the procession. A day later, believers of the UOC of the Kiev Patriarchate held a march with the participation of President Petro Poroshenko. According to the observers of the human rights platform “Uspishna Varta”, law enforcement officers worked smoothly and successfully prevented planned provocations. At the same time, on July 27 the procession of the UOC was preceded by a series of actions committed by government officials that aimed to disrupt the procession in Kiev. Thus, in the Ovruch district of the Zhytomyr region, in the Zaporizhia, Sumy, Cherkassy, Kherson, Odessa, Chernovtsi and Rovno regions, and in Ternopol, transport companies refused to transport believers to the capital on the eve of the religious procession. They referred to the decree on blocking that came from the transport administration, located in Kiev. If the decree was ignored, the authorities threatened to revoke the licenses of transport companies. More serious threats were made in the Nezhin Diocese of the UOC, where representatives of "Svoboda" threatened to burn the buses of local transport companies58. During the procession attempts were made to provoke and discredit believers. Thus, near the Cabinet of Ministers, two “Bratstvo” activists tried to carry out a provocation, shouting "Glory to Ukraine!". The police promptly detained them. In addition, law enforcement officers detained another person in the vestments of a priest, who was also a “Bratstvo” activist59. During the event, a group of elderly people were also noticed who allegedly presented themselves as UOC parishioners and voiced pro-Russian rhetoric. It was this group of parishioners who was then shown on the “Pryamoy” TV channel and other government-loyal TV channels as an example of the anti- Ukrainian position of the UOC. Attacks on the temples and religious buildings of the UOC continue. From May 16 to August 15, 2018 the UN OHCHR documented 6 facts of temples of the Ukrainian Orthodox Church being attacked.  On July 25, unknown persons desecrated the Church of the Holy Martyr Tatiyana in Odessa. Earlier, similar provocative inscriptions appeared at the synagogue, as well as at the trade stalls where foreigners work in Odessa60.  On July 29, in Kiev, unidentified people left offensive inscriptions on the walls of the church of Saint Spyridon and threw a smoke bomb into the open window of a room. The prior of the church, Archpriest Nikolay Danilevich, suggested that the attack was intended to intimidate the clergy61. THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION
  • 22. 22 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018  On August 5, a provocation took place in the temple of the Icon of Theotokos of Tikhvin of the Svyato- Andreevsky metochion (Odessa). Activists from the NGO "Nebaidyzhі", who tried to put insulting inscriptions on the temple of the UOC and beat up its leader, were accused of hooliganism by the police of Odessa62. The words "Department of the FSB" were written on the front doors of two more temples in Odessa. Legal disputes and physical clashes over UOC temples that were earlier captured by the Kiev Patriarchate continue.  On August 14, 2018 believers of the UOC and the clergy of the Odessa diocese were not allowed to perform a festive worship service in the church in honor of the Equal of the Apostles Cyril and Methodius at the Odessa Military Academy. The clergy and believers had to consecrate their offerings outside the temple. At the same time, clergymen and chaplains of the Kiev Patriarchate freely passed onto the territory of the academy63.  Starting in 2015, the fight of the community of the Svyato-Stretensky Parish of the Gorlovka Diocese of the Ukrainian Orthodox Church of Konstantinovka, Donetsk Region, for their rights in connection with the raider seizure of the church by representatives of the Kiev Patriarchate continues. Referring to formal grounds, on June 19, the panel of judges of the Supreme Court, having cancelled the decisions of the courts of previous instances, decided to refuse to satisfy the claims of the Gorlovka Diocese of the UOC. The Gorlovka Diocese of the UOC has already filed a lawsuit on behalf of a person whose interests in the opinion of the Supreme Court have been violated - the diocesan bishop. On August 7, the first hearing was held in the Court of First Instance in the Konstantinovka District Court of the Donetsk Region64. The issue of church property is expected to escalate in the near future. Earlier, the head of the UOC Kiev Patriarchate, Filaret, declared that after the recognition of the united Ukrainian Orthodox church, “all the buildings that the Moscow Patriarchate now occupies in Ukraine will become the property of the UOC”65. The Kiev-Pechersk Lavra already received threats of its seizure on October 14, when the Intercession of the Theotokos is celebrated and there are annual processions of right-wing radical groups in Kiev. The vicar of the Svyato-Uspensky Kiev-Pechersk Lavra, Metropolitan of Vyshgorod and Chernobyl Pavel, announced this. According to the Information-education Department of the UOC, the demand to take away the Lavra from the UOC appeared in a petition format on the website of the Cabinet of Ministers. Earlier, Metropolitan Anthony of Borispol and Brovary, managing director of UOC affairs, said “nationalist groups were instructed to carry out provocations in the Kiev-Pechersk and Pochayev Lavras on October 14”. Immediately after these statements, on September 20, the vicar of the Kiev-Pechersk Lavra, Metropolitan Pavel, was included in the list of the “Mirotvorets” website. On September 28, in the village of Bogorodchany, Ivano-Frankovsk region, representatives of the “Right Sector” group captured the Svyato-Troitsky temple of the Ukrainian Orthodox Church and wounded two parishioners. During the attack, the assailants broke down the doors, smashed windows and, having entered the building, injured the believers. According to the data received by the UOC information-education Department, one of the men suffered a concussion, and another broke their arm. The prior of the temple, Archpriest Vladimir Shuvar, was also injured as a result of the actions of the radicals. Against the background of the capture of the church in the Carpathian region, on September 29 the vicar of the Svyato-Uspensky Pochayev Lavra (Ternopol region), Metropolitan Vladimir, appealed to all Orthodox believers to help defend the Lavra. “Considering the situation that has developed, and according to the information that we have and the threats of reprisals that are still spreading, it is clear that we will have to endure something,” he noted66.
  • 23. 23 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 During the monitoring period the human rights platform “Uspishna Varta” continued to record cases of discrimination, rhetoric of hatred, and/or violence against persons belonging to minorities or those who hold alternative views or dissenting opinions. The inaction of the police and the impunity of the participants in such attacks give rise to new instances of human rights violations by ultra-right groups. Attacks on Romani camps. After the riot of the Romani camp on Lysa Gora in Kiev, on April 21, the police reported suspicion to the representative of the “C14” organization Sergey Mazur. It was he who publicly commented on TV channels about conducting a “clean- up” operation at an abandoned camp. In a video that was published later, it is possible to see how representatives of “C14”, armed with bats and gas sprays, chase the women and children that are running away from them out of the camp. On July 10, during a search at Mazur’s house, about 30-50 “activists” from the ultra-right nationalist organizations “C14”, “Tradition and Order”, “National Druzhina”, as well as a number of people's deputies gathered. On July 18, the Goloseevsky court of Kiev sentenced Mazur to 2 months of around-the-clock house arrest. But already on September 28, Mazur was among those representatives of “C14” who beat up a lawyer and a journalist in court during consideration of the case of Vasily Muravitsky in Zhytomyr on September 28. On July 20 the Court of Appeal of the Lvov region left six suspects in custody concerning the case of the attack on a Romani camp on July 24 in the suburbs of Lvov, and the preventive measure imposed on two others was changed to house arrest. Recall that as a result of this attack a 24-year-old resident of the Transcarpathian region died and four others suffered. The inaction of the police and the impunity of those involved in such attacks give rise to new incidents of actual mob law and attacks. Thus, on July 20 in the center of Chernigov, representatives of the ultra-right group "National Druzhina" tied a local homeless person to a pole and subjected him to public humiliation. The police who arrived to the scene did not respond to the incident, but continued to observe from the same spot. On August 6 in Kiev, radicals forcibly forced a Slovenian citizen to remove their T-shirt exhibiting emblems of the Soviet Union in the subway. During the monitoring period, acts of aggression were recorded by right-wing radical groups against the lawyer community. Far-right groups attacked lawyers or tried to intimidate them. On July 28, 2018 a group of “C14” members verbally insulted and attempted to strike the head of the lawyer Valentin Rybin, who they accused of separatism because he represents the interests of a person accused in a case related to the conflict. This happened in the court in the presence of the police, who did not adequately respond67. On July 31, about 50 members of “C14” entered the premises of the “National Bar Association”, aggressively demanded the revocation of the license of the aforementioned lawyer, and THE DISCRIMINATION, HATE SPEECH AND AGGRESSION OF ULTRA-RIGHT GROUPS
  • 24. 24 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 prevented the “Lawyers Rights Defense Committee” from holding a meeting On August 2 there was a subsequent attack on, and seizure of, the premises of the “National Bar Association” carried out by a group of protesters, with the participation of people's deputies (the “Svoboda” party), for the purpose of participating in the review of disciplinary proceedings against the lawyer Andrey Mamalyga, known for his support of radical organisations. Commission members were blocked in the meeting room and held against their will. The National Bar Association of Ukraine appealed to the President of Ukraine, the leadership of law enforcement agencies and the Parliament, international organizations, and diplomatic missions about the sharp deterioration of the situation concerning the bar as an independent constitutional institution for the protection of human rights68. On August 7, 2018 three “C14” members resorted to physical violence against the lawyer Oleg Povalyayev after he commented on their behavior in the courtroom. One of them hit the lawyer in the face. The police were also present, but did not intervene. After a recess in the meeting, about 30 people, shouting insults and foul language, started to threaten him with physical violence due to the fact that the lawyer, in their opinion, doesn’t defends “those who actually need a defence”. On August 30, “activists” from the “C14” group blocked the building of the Lvov court, which was supposed to hold a hearing on the case of Mark “Mayor” (one of the “activists” of the group) suspected of attacking a police officer69. On September 28, representatives of “C14” attacked the lawyer Andrey Gozhy, who represents the interests of the journalist Vasily Muravitsky (see the section “Freedom of Speech and Opinion”), in a courtroom in Zhytomyr. In a joint report, representatives of the International Society for Human Rights and the Initiative Group for the Protection of the Rights of Lawyers indicated that from 2016 to the first quarter of 2018, 34 cases of violence against lawyers have been officially recorded, 5 of which were murders and 2 were attempted murders. The main violations of the rights of lawyers highlighted in the report include the identification of a lawyer with a client, extrajudicial methods of influencing lawyers, the criminal and disciplinary prosecution of lawyers or the threat of prosecution, failure to provide lawyers with access to their clients and the removal of counsel from legal proceedings, and the violation of basic principles of legal proceedings. The report notes that, according to the facts of offenses against lawyers, 597 applications were filed in the unified register of pre-trial investigations, 267 of which were closed, 26 were submitted to the court, and more than half - 326 - were left without consideration70.
  • 25. 25 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 ABOUT THE HUMAN RIGHTS PLATFORM “USPISHNA VARTA” The All-Ukrainian Association “Uspishna Varta” is a human rights platform that brings together lawyers, public figures, and volunteers to defend the political and civil rights and freedoms of citizens of Ukraine, as well as to offer support to people and organizations who are persecuted for their political beliefs. It was created at the initiative and with the support of the Ukrainian politician and public figure Aleksandr Klimenko. The “Uspishna Varta” team took an active part in the annual OSCE Human Dimension Implementation Meeting (HDIM), which was held from 10 to 21 September 2018 in Warsaw. On September 11, “Uspishna Varta” organized a side event on the topic “The right to freedom of speech and opinion in Ukraine: threats and opportunities” in the framework of HDIM-2018. The participants discussed the situation with freedom of speech in Ukraine in order to jointly find ways to reduce the pressure being put on independent media and to remove the restrictions on the freedom to share information on the Internet that are being carried out as a part of the declared fight against Russian hybrid aggression. Representatives of the human rights platform “Uspishna Varta” also spoke at 4 plenary sessions of the OSCE meetings and sent a number of written statements and recommendations that were distributed to the participants of the meeting. Reports on the state of rights and freedoms in Ukraine prepared by the “Uspishna Varta” human rights platform were also distributed to all participants of the OSCE conference. On August 30, the human rights activists of “Uspishna Varta” sent information to the UN Committee on Economic, Social and Cultural Rights about the violation of the right to social security and education in Ukraine. On the basis of the information gathered, the UN Committee will formulate a list of questions to be asked to the government of Ukraine for a report on compliance with its international obligations under the International Covenant on Economic, Social and Cultural Rights. The Government of Ukraine is obliged to submit this report in May 2019 in the format of answers to questions previously formulated by the Committee71. The legal team of Uspishna Varta on a permanent basis provide free legal assistance and advice to persons whose rights have been violated. Also we monitor court hearings in cases involving political persecution. All human rights cases are presented on the website. https://uspishna-varta.com/
  • 26. 26 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 LINKS TO MATERIALS: 1 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=64570 2 https://uspishna-varta.com/en/novyny/zakonoproekt-9068-kak-novyj-instrument-davleniya-vlasti-na- nezavisimye-media 3 http://eramedia.com.ua/273632-zupiniti_znischennya_svobodi_slova_v_ukran/ 4 http://komit.rada.gov.ua/preview/anonsy_pd/73249.html 5 https://ssu.gov.ua/ua/news/1/category/21/view/5025#.jrIN5B5V.dpbs 6 https://uspishna-varta.com/ru/novyny/zakonoproekt-o-vnesudebnom-blokirovanii-internet-sajtov-neset- pryamuyu-ugrozu-svobode-slova 7 https://www.osce.org/representative-on-freedom-of-media/387053 8 https://www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf 9 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61994 10 https://www.eurointegration.com.ua/rus/news/2018/08/28/7086147/ 11 https://vesti-ukr.com/strana/304139-komanda-fas-pod-predlohom-borby-s-ahentami-kremlja-prezident- khochet-zakryt-newsone-i-druhie-oppozitsionnye-smi 12 https://inter.ua/uk/news/2018/07/12/6671 13 https://uspishna-varta.com/ru/novyny/nacsovet-obvinil-radio-vesti-v-nesoblyudenii-yazykovyh-kvot 14 https://www.ukrinform.ru/rubric-society/2527139-nacsovet-obavil-preduprezdenie-newsone-izza- kommentaria-ob-oruzii-rf.html 15 https://uspishna-varta.com/ru/novyny/deputaty-koalicii-opolchilis-na-telekanal-newsone 16 https://www.pravda.com.ua/news/2018/09/4/7191051/ 17 https://www.ukranews.com/news/586507-sbu-natravyla-nacradu-na-newsone-za-yspolzovanye-v-ehfyre-slov- partyya-voyny-y-6-drugykh 18 https://youtu.be/hhk--fNAcS4 19 https://glavred.info/ukraine/10010234-sbu-proverit-deyatelnost-televedushchego-112-ukraina-zharkih- lucenko.html 20 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=64731 21 https://www.osce.org/representative-on-freedom-of-media/382522 22 https://www.radiosvoboda.org/a/schemes/29470455.html 23 https://uspishna-varta.com/ru/novyny/zapros-nacpolicii-v-youtube-o-kanale-shariya-yavlyaetsya- prepyatstvovaniem-zhurnalistkoj-deyatelnosti-yuristy-uspishna-varta 24 https://www.youtube.com/watch?v=545QEofwecc&feature=youtu.be 25 https://interfax.com.ua/news/general/527915.html 26 https://vesti-ukr.com/strana/296534-v-lutske-osudili-muzhchinu-na-6-let-tjurmy-za-posty-vkontakte 27 https://uspishna-varta.com/ru/novyny/v-ukraine-prodolzhayutsya-presledovaniya-za-posty-v-socsetyah 28 https://ukranews.com/news/586486-separatystka-yz-melytopolya-poluchyla-3-goda-tyurmy-za-repost-v- vkontakte
  • 27. 27 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 29 https://uspishna-varta.com/ru/novyny/obvineniya-v-adres-kirilla-vyshinskogo-osnovyvayutsya-na-informacii- sajta-stop-fake 30 https://uspishna-varta.com/ru/novyny/kak-v-karcere-advokat-vyshinskogo-ob-usloviyah-soderzhaniya- podzashitnogo 31 https://uspishna-varta.com/ru/novyny/posle-suda-na-muravickogo-napali-radikaly 32 https://uspishna-varta.com/en/novyny/s-drakoj-i-vyzovom-policii-muravickomu-prodlili-domashnij-arest-kak- prohodil-skandalnyj-sud-v-zhitomire 33 https://uspishna-varta.com/ru/novyny/zaporozhskij-sud-priznal-nedopustimymi-dokazatelstva-po-delu- zhurnalista-pavla-volkova 34 https://uspishna-varta.com/ru/novyny/sud-po-delu-vasilca-i-timonina-perenesli-iz-za-neyavki-prokurorov 35 https://www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf 36 https://uspishna-varta.com/ru/novyny/ubijstvo-pavla-sheremeta-dva-goda-spustya-sledstvie-ne-prodvinulos- ni-po-odnoj-iz-versij 37 http://nsju.org/index.php/article/7409 38 http://nsju.org/index.php/article/7346 39 http://news.church.ua/2018/07/25/nacionalradikali-pogrozhuyut-dityam-ta-pobili-zhurnalista-yakij-napisav- stattyu-pro-molodizhnij-pravoslavnij-tabir-na-chernigivshhini/ 40 https://uspishna-varta.com/ru/novyny/policiya-budet-rassledovat-ugrozy-v-adres-izvestnogo-lvovskogo- bloggera 41 https://uspishna-varta.com/ru/novyny/v-ukraine-uchastilis-sluchai-napadeniya-na-zhurnalistov-i- prepyatstvovaniya-zhurnalistkoj-deyatelnosti 42 https://uspishna-varta.com/ru/novyny/v-dnepropetrovskoj-oblasti-sozhgli-redakciyu-oppozicionnoj-gazety 43 http://nsju.org/index.php/article/7350 44 http://dumskaya.net/news/v-odesse-strelyali-v-obshchestvennika-090292/ 45 https://uspishna-varta.com/ru/novyny/volna-napadenij-na-aktivistov-porozhdena-atmosferoj- beznakazannosti-sozdannoj-imi-zhe-samimi-uspishna-varta 46 https://uspishna-varta.com/ru/novyny/v-sbu-ne-uvideli-sostava-prestupliniya-v-prizivah-k-raspravam-nad- ukraincami 47 https://uspishna-varta.com/ru/novyny/pravozashitnikov-uspishna-varta-vnesli-na-sajt-mirotvorec-posle- rassledovaniya-o-ego-deyatelnosti 48 https://uspishna-varta.com/en/novyny/uspishna-varta-trebuet-ot-gpu-rassledovat-deyatelnost-sajta-mirotvorec 49 https://uspishna-varta.com/ru/novyny/uspishna-varta-trebuet-rassledovat-podzhog-doma-pravozashitnika- artura-zhurbenko 50 https://uspishna-varta.com/ru/novyny/radikaly-iz-s14-v-ocherednoj-raz-napali-na-mirnoe-sobranie 51 https://rozumna-sila.org/ru/2018/08/21/obrashhenie-partii-razumnaya-sila-k-ukrainskim-grazhdanam/ 52 https://uspishna-varta.com/ru/novyny/nackorpus-ustroil-ocherednoj-pogrom-v-ofise-politicheskoj-partii 53 https://www.youtube.com/watch?v=BW6Jwbfa4W4&feature=youtu.be 54 http://zhzh.info/news/2018-09-21-37322 55 https://uspishna-varta.com/ru/novyny/zakryt-tiho-ne-udastsya-partiya-uspishna-krayina-anonsirovala-sud-s- minyustom
  • 28. 28 © The review was prepared by the Ukrainian human rights platform "Uspishna Varta" July- September 2018 56 https://uspishna-varta.com/ru/novyny/reshenie-suda-o-zaprete-pereselencam-golosovat-na-mestnih-viborah- mozhet-byt-osporeno-v-espch 57 http://mtot.gov.ua/tsvk-sproshheno-protseduru-zminy-mistsya-golosuvannya-dlya-vpo-donetskoyi-ta- luganskoyi-oblastej/ 58 https://uspishna-varta.com/ru/novyny/mestnye-chinovniki-i-specsluzhby-prepyatstvuyut-veruyushim-upc- prinyat-uchastie-v-krestnom-hode-27-iyulya-v-kieve 59 https://uspishna-varta.com/ru/novyny/krestnyj-hod-prihozhan-upc-v-kieve-sostoyalsya-bez-osobyh- pravonarushenij-no-s-popytkami-provokacij-uspishna-varta 60 http://timer-odessa.net/news/neizvestnie_oskvernili_odesskiy_hram_291.html 61 https://spzh.news/ru/news/55107-v-kijeve-brosili-dymovuju-shashku-v-khram-gde-nastojatelystvujet-spiker- upc 62 https://spzh.news/ru/news/55262-radikalov-napavshih-na-khram-v-odesse-obvinyajut-v-khuliganstve 63 https://uspishna-varta.com/ru/novyny/pravozazhitniki-zayavili-o-pravonarushenii-so-storoni-rukovodstva- Odesskoy-voennoy-akademii 64 https://uspishna-varta.com/ru/novyny/nachalsya-vtoroj-raund-borby-obshiny-za-hram-v-konstantinovke 65 https://spzh.news/ru/news/55150-filaret-gospody-dopustil-vojnu-radi-rosta-kijevskogo-patriarkhata 66 https://uspishna-varta.com/ru/novyny/ritorika-nenavisti-v-adres-kanonicheskoj-upc-privodit-k-napadeniyam- na-hramy-v-zapadnoj-ukraine 67 https://uspishna-varta.com/ru/novyny/pravoradikaly-iz-s14-sorvali-zasedanie-komiteta-zashity-prav-advokatov 68 http://zib.com.ua/ru/134023-naau_obratilas_k_mezhdunarodnim_partneram_po_povodu_razrushe.html 69 https://uspishna-varta.com/ru/novyny/vo-lvove-aktivisty-iz-s14-zablokirovali-lvovskij-gorodskoj-sud 70 https://uspishna-varta.com/ru/novyny/opublikovan-doklad-o-narushenii-prav-advokatov-v-ukraine 71 https://uspishna-varta.com/ru/novyny/uspishna-varta-proinformirovala-komitet-oon-o-narushenii- ekonomicheskih-socialnyh-i-kulturnyh-prav-v-ukraine