1.6. State of response to the acts of Ukrainian Parliament Commissioner for
Human Rights by the prosecution authorities and the MIA
On 2 December 2013, due to the scale of human rights violations and on the basis of
analysis of information obtained in the course of public proceedings, a submission was sent to
the Office of the Prosecutor General of Ukraine on illegal termination of a peaceful assembly
the police officials on 30 November 2013 and excessive use of force on 1 December 2013. The
submission was sent for the purposes of comprehensive, objective and unbiased investigation
in accordance with the ECHR case law.
In the submission, the Commissioner emphasized gross violations of articles 12, 13, 14
of the Law of Ukraine “On Militsiya” (Police) and the current “Regulations on the use of
special gear for securing public order” (approved by the decree#49 of the USSR Council of
Ministers on 27 February 1991). In addition, the Commissioner noted that the ECHR has
repeatedly emphasized that the use of force by law enforcement has to meet the criteria of
necessity, lawfulness and proportionality. In accordance with the ECHR case law, every
instance of the use of force has to be investigated effectively so that all circumstances are
examined and, in case of human rights violations, the perpetrators are prosecuted.
On 25 December 2013, in response to the submission of the Commissioner, the Office
of the Prosecutor General of Ukraine informed the Commissioner on initiation of criminal
proceedings on the count of abuse of power, i.e. a criminal offense under part two of Article
365 of the CC of Ukraine.
On 27 December 2013, the Commissioner openly addressed the Office of the Prosecutor
General of Ukraine and the Ministry of Internal Affairs of Ukraine and emphasized the need
for effective, objective and transparent investigation of all cases of attacks on journalists and
participants of protests, damage to their property and vehicles, as well as prosecution of
perpetrators
During 2014, the staff of the Secretariat of the Commissioner conducted monitoring
visits to the bodies of internal affairs and units of the Main MIA Directorate in Kyiv. Following
these visits, letters indicating reported violations and requests for effective and unbiased
investigation of every violation were sent to the Office of the Prosecutor in Kyiv and the Office
of the Prosecutor General of Ukraine.
On 29 January 2014, the Commissioner for Human Rights sent a submission on
protection of rights and freedoms of apprehended persons to the Minister of Internal Affairs
The submission drew the Minister’s attention to unacceptability of violations by law
enforcement officials reported by the staff of the Secretariat of the Commissioner. First of all,
these included torture and cruel treatment, deprivation of the right to defense and medical
assistance.
On 30 January 2014, the Commissioner transferred generalized information on reported
violations of human rights and freedoms by law enforcement officials and fighters of special
units of the MIA of Ukraine in Kyiv to the Office of the Prosecutor General of Ukraine. The
following violations were included:
Lengthy detention of apprehended protest participants in “avtozak” at subzero
temperatures with no access to drinking water and satisfy natural needs;
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