Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
report on the implementation of the
Convention against Torture and other Cruel,
Inhuman and Degrading Treatment or
Punishment. AI had briefed the CAT on its
concerns (see Briefing for the Committee
against Torture on Ukraine, AI Index: EUR
50/001/2007). Many of these concerns were
shared by the CAT including the return of
persons to states where there was good
reason to believe that they may be
subjected to torture; impunity of law
enforcement officers for acts of torture; the
failure of the General Prosecutor’s office to
conduct prompt, impartial and effective
investigations into complaints of torture;
and the use of confessions as evidence for
prosecution which created conditions that
may facilitate the use of torture and illtreatment. The CAT also expressed concern
regarding violence against ethnic and
national minorities, and the low level of
prosecutions for domestic violence.
In June, the European Committee for the
Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT)
published the report of its visit to Ukraine in
October 2005. The CPT found that there
had been a “slight reduction as regards the
scale of the phenomenon of ill-treatment”,
but that persons detained by the police still
ran a “significant risk” of being subjected to
ill-treatment, and even torture, particularly
during interrogation. The CPT called on the
government to give a clear message of
“zero tolerance” for torture and other illtreatment to all staff of the Ministry of the
Interior. The CPT drew attention to the
misuse of the Administrative Code in order
to bring people into police custody for
questioning about criminal offences, the
fact that judges often failed to react to
allegations of ill-treatment, and that
forensic reports in cases of allegations of illtreatment could only be provided subject to
authorization by the police. The CPT
received allegations of ill-treatment and
verbal abuse by staff working at centres for
the reception and dispersal of vagrants. At
the Uzhgorod centre for vagrants detainees
from sub-Saharan Africa were allegedly
forced to strip naked and perform physical
exercises in front of staff. The government
Amnesty International
129
had responded that the allegations had
been
investigated
and
that
several
members of staff had been disciplined.
Racism
In April, in a letter to the Prosecutor
General, the security service chief, and the
Interior
Minister,
President
Viktor
Yushchenko asked that measures be taken
to arrest and punish anybody defacing
Jewish and other memorial sites, and he
noted the rise of “extremist” groups in
Ukraine.
At a press briefing in Geneva in June,
following the murder of an Iraqi asylumseeker in Kyiv, the UN’s refugee agency
(UNHCR) expressed concern that racist
attacks against asylum-seekers, refugees
and other foreigners were increasing. The
motives for the murder of the Iraqi asylumseeker were not clear and a police
investigation was under way.
Murder of Georgiy Gongadze (Update
to AI Index: EUR 01/012/2005)
The trial against three police officers
charged with murdering the investigative
journalist, Georgiy Gongadze, in 2000
continued. On 16 February, President
Yushchenko awarded former Prosecutor
General, Mykhailo Potebenko, the Order of
Prince Yaroslav the Wise for his contribution
to the building of a law abiding state.
Mykhailo Potebenko was
Prosecutor
General at the time of Georgiy Gongadze’s
murder in September 2000. In its 2005
decision the European Court of Human
Rights found that the prosecutor’s office
had
ignored
repeated
requests
for
assistance from Georgiy Gongadze in the
weeks before his death, when he reported
being followed by state law enforcement
officials. “The response of the Prosecutor
General’s office was not only formalistic,”
the court stated, “but also blatantly
negligent.”
Moreover, following the
recovery of Georgiy Gongadze’s headless
body, the European Court stated: “The
AI Index: EUR 01/010/2007
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