Address of prevention to adopt “Act of oblivion for separatists” bill
Prime-Minister of Ukraine YATSENYUK A.P.,
Chairman of Verkhovna Rada of Ukraine TURCHINOV O.V.,
Leaders of deputy factions in Verkhovna Rada of Ukraine SOBOLYEV S.V., KLYTCHKO V. V. , TYAHNYBOK O. Y., YEFREMOV O.S., SYMONENKO P. M.,
Authorized representatives of “Sovereign European Ukraine” deputy group DONIY O. S., YEREMEEV I. M., MOSKALENKO Y.M.,
Leader of “Economic development” deputy group KINAKH A. K.,
members of Committee in questions of law enforcement legislative assurance in Verkhovna Rada of Ukraine,
people’s deputies of Ukraine
About necessity of introduction of amendments to bill
“On prevention of prosecution and punishment of persons due to activities which took place at the time of mass actions of civil encounter which started on 22nd of February 2014 »
Dear people’s deputies,
We, undersigned, are concerned with initiations of bills which were introduced due to execution by Ukraine its obligations as part of the Geneva agreement with the European Union, the United States of America and Russian Federation from 17th of February of 2014 for the purpose of de-escalation of violence in Ukraine which is present at the time of mass actions of civil encounter. According to said agreement appliance of amnesty is provided to those who took part in encounter and didn’t committed enormous offences. However bill №4667-3 “On prevention of prosecution and punishment of persons due to activities which took place at the time of mass actions of civil encounter which started on 22nd of February 2014” is not a law of amnesty by its definition and does not contain a provision of amnesty. Whereas amnesty – it is remission of punishment for certain categories of persons which committed crimes. In exchange said bill provides release of responsibility for mentioned persons and impossibility of holding an investigation of a number of criminal proceedings, and therefore impossibility of determination of guilty of committed crimes, impossibility for complainants to get an according condition in criminal process and to obtain remuneration for loss from a crime within boundaries of criminal process. In fact by said bill the obligation to investigate crimes by his own and the burden of proving his impairment are laid on complainant. This is impermissible. Because it practically means impossibility of remuneration of loss for complainant and restoration of justice.
We accentuate that corresponding bills have to accord with the rest of international obligations of Ukraine, in particular European Convention of Human Rights and Fundamental Liberties as well as applicable legislation of Ukraine. Which we can’t observe at the moment.
For example, the bill №4667-3 “On prevention of prosecution and punishment of persons due to activities which took place at the time of mass actions of civil encounter which started on 22nd of February 2014” in present edition contains a provision about discharge from responsibility for enormous offence, which downright contradicts as strictly to European Convention of Human Rights and Fundamental Liberties, so to applicable legislation of Ukraine.
Adoption of a bill №4667-3 as in proposed edition won’t decrease strains in society but on the contrary will cause wave of discontent and sharpening of confrontation. Discharge of punishment for crimes, part of which is enormous offences and extremely grievous crimes, will only instigate to unfettered commit crimes against lives, health, honour, dignity and freedom of citizens in East and South of Ukraine. Infringement of rights of complainants may lead to new wave of crimes based on vengeance, vigilantism. Besides, in case of actual discharge of culprits from remuneration of losses to complainants the state is obligated to take upon itself corresponding compensation which leads to additional budget expenses not prescribed by the budget law.
Furthermore not understood is discharge from responsibility or punishment for those who are citizens of other states, in particular citizens of Russian Federation, and who committed a crime against citizens of Ukraine, especially within territory of Autonomous Republic of Crimea. It’s inexplicit how situation in Crimea will get better with adopting of such a bill.
Besides that, the document contains “the principle of hostages”, from which human rights defenders admonished in case with bill of amnesty for Maidan participants yet in January of this year. The Verkhovna Rada of Ukraine puts the state again in a row with filibusters and terrorists using institute of “hostages” as device for impact on situation.
In connection with this we suggest you to amend the government bill №4667-3 yet prior to submitting to parliament. More specifically – we suggest amendments as follows:
1). To bring provisions of said bill in line with the law «On the application of Amnesty in Ukraine ».
2) To exclude from the bill Art. 3, to provide necessity of investigation of all crimes, determination of guilt, admission of persons as complainants in boundaries of criminal proceedings and fixation of illegality of pointed activities and only after all this – discharge from punishment.
3) To provide that discharge from punishment in criminal proceedings of crimes which caused loss to complainants is possible only upon condition of compromise with complainant and remuneration of loss caused by him completely.
4) To restrain scope of persons to which amnesty is applied with only citizens of Ukraine and stateless persons, and also to restrain crimes, which come under amnesty, by territory – Luhansk, Donetsk region and the city of Odessa.
5) To indicate in Art.1 of bill №4667-3 that discharges from criminal responsibility for persons which took part in mass actions of civil encounter is possible only upon condition that their activities are not enormous offences and extremely grievous crimes.
Looking forward to understanding and cooperation,
The Ukrainian Helsinki Union of human rights
The Centre for civil liberties
Kharkov group for human rights defending
The centre «Social action»
Information centre for human rights
KhRB (Kharkov Regional Branch) "Civil Alternative "
The Youth Human Rights Defending Group Kharkiv
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