NINA KARPACHOVA: «Repressive provisions of the Laws of Ukraine No.3879 and No.3587 of 16 January 2014 brutally violate human rights and international obligations of Ukraine»
Statement of the First Ombudsman of Ukraine
Six-weeks long waiting of the whole Ukrainian society and international community for those responsible in brutal use of force against peaceful demonstrators on 30th November 2013 to be brought to personal responsibility according to the constitutional principle of irreversibility of the punishment were vain. Unfortunately, the authorities took the route towards legitimization of the repressive actions of the law-enforcement and judicial systems by adopting the Laws of Ukraine No.3879 and No.3587 of 16 January 2014 with the votes of the parliament “majority”.
The way of adopting and the content of these Laws contradict to the Constitution of Ukraine, standards of human rights and freedoms, international obligations of Ukraine and case-law of the European Court of Human Rights, in particular cases “Verentsov vs. Ukraine” and “ Shmushkovych vs. Ukraine”.
The mentioned Laws violate a number of the fundamental civil rights and freedoms, guaranteed by the Constitution of Ukraine and the European Convention on Human Rights, in particular: freedom of peaceful assembly, right to the information, freedom of movement, right to the fair trial, freedom of association, as well as the principle of the rule of law.
The fundamentally repressive provisions of these Laws contravene with the declared by the President of Ukraine Viktor Yanukovych course towards humanization of the Ukrainian legislation.
The most dangerous is that these provisions will not facilitate solving of the undergoing social conflicts in a legal way, but on the contrary – will deepen the social confrontation and, in case they enter into force, there may be sharp worsening of the unprecedented socio-political crisis, which can end up with the loss of the independence of Ukraine.
It should also be mentioned that some legal innovations are simply immoral and have corruption component. Thus, new provisions of the Law of Ukraine “On the Judicial System and Status of Judges”, in particular Article 134, which provides for a judge, his/her close relatives and family members up to the six row from grandfather to grandson and even a domestic partner to be entitled not only to the personal security, but also security of their property. And judges have an additional right to having their houses equipped with security and fire alarms at the cost of the State Budget, which is at the cost of the Ukrainian citizens – taxpayers! Obviously, it will not contribute to raising public trust in the courts and does not add any guaranties for the fair and unbiased trial for the citizens.
It is absolutely clear that the Laws adopted by the Parliament of Ukraine on 16 January 2014 that affect rights and freedoms of the millions of citizens should be a subject of wide public discussion and can be put into effect only after taking into account proposals of the civil society and expert assessment by the Venice Commission of the Council of Europe.
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