White_book

WHITE BOOK

ON VIOLATIONS OF HUMAN RIGHTS

AND THE RULE OF LAW

IN UKRAINE

(NOVEMBER 2013 — MARCH 2014)

Introduction

This study covers the period from the end of November 2013 to the end of March 2014 and deals with the situation with human rights and the rule of law that emerged in Ukraine as a result of a violent seizure of power and unconstitutional coup.

As a factual basis, a careful monitoring of Ukrainian, Russian and some Western media reports was conducted, covering statements and announcements made by the leaders of the “new government” of Ukraine and their supporters, numerous eyewitness accounts, including those posted on the Internet, as well as records based on observations and interviews with people on the scene, and those collected by non-governmental organization The Foundation for Researching Problems in Democracy, and the Moscow Bureau for Human Rights.

Excerpts from the basic international documents on human rights whose universal regulations and standards have been violated in Ukraine during the indicated period precede each section of this study.

We do not claim to report exhaustively in this White Book all tragic events that took place in Ukraine. Nonetheless, the present list of the most flagrant violations of fundamental international norms of human rights and the rule of law committed in this country, by ultranationalist, neo-Nazi, and extremist forces which have monopolized the Euromaidan protests, far from being exhaustive, gives enough grounds to claim that such violations were widespread.

The essential task of this White Book is to focus on facts to which the international community and key international human rights bodies, as well as relevant nongovernmental organizations have not shown proper and impartial attention.

The history of the twentieth century has given tragic lessons which would be irresponsible and also at times just unlawful to ignore. The White Book is a signal to those who have forgotten this or pretend to forget. Those who cynically, in pursuit of their own selfish interests and under the guise of good intentions and pseudo-democratic demagogy, are plunging a multimillion multi-ethnic Ukrainian population into extremism, lawlessness, and a deep crisis of national identity.

The onslaught of racism, xenophobia, ethnic intolerance, the glorification of the Nazis and their Banderite sycophants should be brought to a speedy end through the united efforts of the Ukrainian people and the international community. The alternative is fraught with so devastating consequences for peace, stability, and democratic development in Europe, that it is absolutely necessary to prevent further escalation of this situation.

International Covenant on Civil and Political Rights (December 16, 1966)

Article 6. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 7. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 20. Any propaganda for war should be prohibited by law.

Article 21. The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 26. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.

Convention for the Protection of Human Rights

and Fundamental Freedoms (Rome, November 4, 1950)

Article 2. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary … in action lawfully taken for the purpose of quelling a riot or insurrection.

November 24, 2013. The first clashes between the police and demonstrators occurred in Kiev1. After the opposition rally entitled For a European Ukraine, a portion of the demonstrators (mostly supporters of the nationalist All-Ukrainian Union (AAU) Svoboda) tried to break into the Cabinet of Ministers of Ukraine building’s territory and block the passage for government vehicles. Aggressive demonstrators attacked the police and broke a barrier. The mob attacked the law enforcement officers with firecrackers. The police retaliated, using tear gas to stop the protestors’ aggression.

November 26–27, 2013. Activists from several right-wing groups, including the Stepan Bandera All-Ukrainian Organization Trizub (Trident) movement, the SocioNational Assembly/Patriot of Ukraine (SNA/PU), the Ukrainian National Assembly (UNA) party, the Bilyi Molot (White Hammer) group, as well as football fans, organized the informal Pravyi Sektor (Right Sector) association at Euromaidan. Under this «brand», radical nationalist activists were further mobilized to participate in the Euromaidan rebellion, including participating in violent confrontations with law enforcement officers.

November 30, 2013. Right-wing activists primarily associated with Pravyi Sektor, organized trainings on tactics for violent confrontation with law enforcement officials, including exercising of group actions using available tools as melee weapons. Formation of the so-called Samoobrana maidana (Maidan Self-Defense) groups began.

December 1. During a mass demonstration in Kiev, activists of radical nationalist groups, joined by football hooligans, some radical activists in AUU Svoboda, and protesting youth, carried out a series of illegal actions.

Right-wing radicals were involved in the violent seizure of Kiev city administration buildings and the House of Trade Unions, as well as in clashes with the police. Supporters of Pravyi Sektor entrenched themselves on the fifth floor of the House of Trade Unions. Party activists in AUU Svoboda actually took control of the Kiev City State Administration building. The headquarters for one of the most radical groups of protesters, the neo-Nazi youth group Sich/C14, were located in this building. (The group, headed by Evgeny Karas, leans towards AUU Svoboda). The apogee of violence against the legitimate authorities, occurring on December 1, 2013, was an attempt to break through the Interior Ministry troops and police officer cordon on

1On November 21, 2013 in Kiev, protests under the «Euromaidan» title began. They were organized by a number of opposition parties that disagreed with the decision of the Government of Ukraine to suspend the signing of the Association Agreement with the European Union.