UPDATED AND CORRECTED 27/Jan/2014
SYSTEMIC
VIOLENCE BY STATE AGENTS IN UKRAINE IN JANUARY 2014
Violence has escalated in Kyiv after
adoption, with gross procedural violations, on 16 January 2014 of several
highly repressive laws aimed at protesters, media, journalists, NGOs and civic
activists (see Summary of
adopted laws). The
laws entered into force on 22 January 2014. Adopted laws incited more radical
actions by protesters, including throwing of stones, molotov cocktails and
fireworks at the police (at a new protest site on Hrushevskogo street). In
response law enforcement and security forces launched disproportionate and
brutal attacks on the protesters, including those who did not take part in the
violent actions; state agents have allegedly carried out forced disappearances
and even killings. Below is description of some of the methods used since 19
January; it is supported by evidence, including video recordings and witness
testimony which abound on the internet. Description is followed by very short
legal analysis. Description below does not aim to recount all cases or provide
all available evidence of the allegations, but to summarise main examples of
apparent abuse and gross violations of human rights.
Special police units (called “Berkut”) have
several times used excessive force, which in many cases amounted to torture,
after beginning of the peaceful protests: on 30 November 2013 by violently
dispersing at night protesters, mostly young people, on Independence square; on
1 December 2013 on Bankova street by brutally beating protesters, including
those who were lying on the ground and showed no resistance, among them medics
and journalists who clearly identified themselves; at night of 11 December 2013
by using force trying to “clean up” Maidan; etc. Authorities did not pursue any
active investigation into police brutality; on the contrary Prime Minister,
President and Minister of the Interior publicly praised the police for
“protecting public order”. On 16 January 2014 parliament adopted and president
signed a law which released from liability for crimes committed during events
in November-December 2013 with regard to mass protests, including crimes of excess
of office, causing bodily injuries and harassment of journalists – offences
which concern mainly state officials. Such impunity and explicit endorsement by
the highest authorities caused further escalation of violence by law
enforcement personnel.
UPDATE: No investigation into below allegations
of police brutality, torture, etc. has been conducted (except for death of
persons). New examples of high-level endorsement of excessive use of force and
other violations: on 24 January President Yanukovych stated that “law
enforcement agencies acted within their powers, within the laws which oblige
them to maintain order” LINK; interior troops personnel was awarded
with distinction “People’s Respect” at night near site of protests LINK.
KILLING
OF PROTESTERS
UPDATED: Overall at least four dead people were
confirmed since the events on 22 January, names of these people have been
established:
- 2 protestors (20-year old Serhiy Nizoyan,
25-year old Mykhailo Zhysnevsky) died on 22 January 2014 from bullet wounds received
during protests on Hrushevskogo street (LINK). Reportedly bullets were fired from
adjacent buildings by snipers; during previous two days media and witnesses
reported about snipers who were seen on the roofs (LINK). There is no proof so far that shots at protesters
were fired by the policemen and other law enforcement personnel; prime minister
Azarov stated (LINK) that according to forensic examination shots were
fired from above, from the roofs, he also asserted that policemen had no
firearms and shots could have been fired by radical protesters themselves.
Medics extracted bullets from the corpses – in one case a bullet of 7.62 mm
caliber of Dragunov rifle, in another – bullet of 9 mm caliber (probably fired
from Makarov gun). UPDATE: Spent and
unused firearm cartridges were found on the roof of the ‘Ukrainian House’
building which faces European square from which Hrushevskogo street starts
(presenting a perfect location for sniper targeting Hrushevskogo street). LINK EN, VIDEO. Police denied the use of firearms and called this
information a provocation. LINK
- Protester (Roman Senyk) died on 25
January after being shot on 22 January in circumstances similar to the
described above; he was in coma and underwent several surgeries (pierced lung, hand
amputated). He was shot with a bullet of so called “balle blondeau” type (a
special bullet used for hunting of large animals or shooting through body
armor). LINK, LINK,
LINK. UPDATE:
According to another version the bullet that was shot at the protester is the
one used by the police to break through closed doors by shooting through the
lock, it is produced by a special factory affiliated with the ministry of the
interior and is not sold to civilians. LINK
EN
- According to the media, two dead bodies
were found on 22 January on the outskirts of Kyiv with signs of torture; police
confirmed only one body (LINK). One body belonged to protester Yuriy Verbytsky, who
– together with activist Ihor Lutsenko – was kidnapped at night of 21 January
2014 in hospital by unidentified persons, taken outside of Kyiv, heavily beaten
and tortured. Ihor Lutsenko was released in the forest and stayed alive (see
below), while Yuriy Verbytsky was found dead with sign of torture on his body.
Police stated that death was caused by hypothermia and not detected injuries. LINK EN
- It should be noted that immediately after
events on 22 January the head of the medical assistance on Maidan Oleh Musiy
noted that overall 4 people were killed by firearms shots in the morning of
that day – those included (later identified) Serhiy Nizoyan and Mykhailo
Zhysnevsky, but also two other unidentified persons who sustained heavy
firearms wounds and were carried by medics but abandoned when the police
stormed the protesters; according to witnesses and video on-line streams Berkut
police units hauled two unmoving bodies. It is possible that those people dies
as well. LINK
- Also according to media reports, during
attack on 20 January Berkut captured and severely beat two protesters on the
columns at the entrance to the stadium on Hrushevskoho street, one of them
jumped down and survived, while another was thrown down by Berkut from high
altitude and may have died, but there is no confirmation. LINK, LINK
Right
to life. While at the moment there is no proof of direct
involvement of state agents in killings of protesters by shooting, the
authorities failed to exercise their positive obligation to safeguards the
right to life in view of real and imminent risk. Despite several reports of
snipers seen on the roofs before the day of shootings, no action was taken to
investigate them and prevent killings. As regards the person who was kicked
from the high altitude (columns on Hrushevskogo street) and beaten – state
agents (riot police) bear direct responsibility for this act and violation of
the right to life. As regards Yuriy Verbytsky who was abducted by unknown (at
the moment) persons, tortured and found dead, the state, in absence of
indication of their direct involvement in the act, bears procedural
responsibility to effectively investigate – it is too early to assess whether
investigation has been conducted in an effective manner.
TORTURE
OF CAPTURED PROTESTERS
- There are several reports that when
captured during protests on Hrushevskogo street protesters were stripped naked
being outside in freezing temperature and humiliated. See video of naked
protester (Mykhailo Gavryliuk) surrounded and abused by special forces
policemen – VIDEO, VIDEO, LINK,
LINK EN,
LINK EN (same protester immediately after capture - VIDEO). See account of another captured protester who was heavily
beaten, stripped naked and forced to say “I love Berkut” while recorded on
video and then released – LINK. UPDATE: In
response to incident with Mykhailo Gavryliuk Minister of the Interior
Zakharchenko made a public apology and ordered an internal investigation;
however, no criminal prosecution was launched, no information is available
about any sanctions imposed.
- Protesters captured in the area of active
protests on Hrushevskogo street are not brought immediately o police precincts,
but first are kept for several hours in unheated prisoner transportation buses,
then some of them are taken outside of Kyiv, beaten, often left to stand on the
knees on the snow, stripped naked, tortured (LINK, LINK). These people after many hours of abuse are then
brought to different police precincts where they are not provided with medical
assistance but kept and formally arrested under various criminal charges.
Systemic excessive use of force during or after arrest, extended detention in
prisoner transportation vehicles was confirmed by office of the Ombudsman LINK.
- UPDATED: A 17-year old student Mikhailo Niskoguz was captured on
Hrushevskogo street, dragged by riot police into adjacent park, heavily beaten
and tortured. According to him, he was “kicked, beaten, cut with a knife and
sprayed on with pepper gas”. He was
later diagnosed with a concussion, three broken fingers, a broken elbow, a
broken toe; he had multiple, visible cuts on his face and left hand, and
bruises all over his body. LINK, LINK EN. See also a detailed report by Human Rights Watch.
- On 19 January 2014 police stormed one of
the buildings near area of protests on Hrushevskogo street and beat two
construction workers who stayed there, stripped them naked and shot them with
rubber bullets at point-blank range, then poured water on them and forced to go
naked outside on the street where temperature was -10 decrees Celsius (LINK).
- Two men were abducted when leaving the
area of protests on 19 January 2014 (not near Hrushevskogo street). Abductors
did not wear uniform, but according to one of the abducted driver of the
minibus where they were put was in “Berkut” unit uniform. Two men (19 and 30
years old) were taken to unpopulated area outside of Kyiv, stripped of their
shoes, heavily beaten while lying on the ground. They were left in the forest
and then managed to crawl to the nearest village. LINK
- UPDATE:
According to testimony of Oleksandr Kravtsov, one of activists of Automaidan
who was abducted at night of 23 January (see below), he and activists arrived
at location where according to their information cars were crashed and people
were abducted, they were immediately attacked by the police (Berkut) while
still being in the car, windows were broken and people pulled out, then
severely beaten, brought to nearby park and forced to stand on the knees for
about an hour and half, some people without outer clothes, about 17 persons
were held and beaten like this. See video of testimony, LINK. Oleksandr Kravtsov was detained by court for two
months pending investigation. Another Automaidan activist managed to escape
after severe beating by Berkut and is now in hiding, sustained broken arm,
ruptured lung, numerous hematomas (LINK).
Prohibition
of torture. All cases described above amount to
torture – the most severe form of ill-treatment defined in the ECHR case-law as
‘deliberate inhuman treatment causing very serious and cruel suffering’.
Suffering was caused intentionally by policemen with the purpose to punish and
intimidate protesters. The burden of proof that torture was not inflicted by
the state agents lies on the authorities.
ABDUCTION
- At night of 23 January 2014 special
police units “Berkut” assisted by so called “titushki” (see below) stopped and
attacked the cars, beat and abducted more than 15 activists of Automaidan
(activists who use their cars to protest). LINK, LINK. LINK,
VIDEO. The police, however, officially stated that
Automaidan activists attacked and pursued the police and were arrested for
that.
- On 23 January 2014 it became known that
one of the Automaidan leaders Dmytro Bulatov disappeared. (As of time of
writing no details of the disappearance were known).
- Activist Ihor Lutsenko and protester
Yuriy Verbytsky were abducted at night of 21 January 2014 from hospital by
about 10 persons in plain clothes. They were transported together to different
locations, heavily beaten, tortured. After 10-11 hours after kidnapping Ihor
Lutsenko was finally released in forest, put on the knees facing a tree and told
to pray, his abductors then left and he managed to come to populated area and
was hospitalized. Yuriy Verbytsky was found dead on the next day (see above). LINK, LINK,
LINK EN.
See also a detailed report by Human Rights Watch.
- Two men were abducted when leaving the
area of protests on 19 January 2014 (not near Hrushevskogo street). Abductors
did not wear uniform, but according to one of the abducted driver of the
minibus where they were put was in “Berkut” unit uniform. Two men (19 and 30
years old) were taken to unpopulated area outside of Kyiv, stripped of their
shoes, heavily beaten while lying on the ground. They were left in the forest
and then managed to crawl to the nearest village. LINK
- During 22-23 January 2014 there were
reports that riot policemen (“Berkut”) tried to snatch injured people who came
(were brought by other protesters or ambulances) to hospitals with injuries
obtained at the site of protests (wounds from grenade fragments, rubber
bullets, etc.). LINK, LINK.
- UPDATED:
A 22-year old female medical volunteer was abducted by the police (Berkut) at
the railway station when the police saw a Euromaidan badge she had on her, she
was taken out in ordinary car to forest outside of Kyiv, hit in the kidneys
area and left there (police also took her asthma inhaler), she survived. LINK,
LINK.
Right
to liberty and security. The state is required to take effective
measures to safeguard against the risk of disappearance and to conduct a prompt
and effective investigation into an arguable claim that a person has been taken
into custody and has not been seen since. In several cases described above the
police illegally detained persons not in the area of any clashes with
protesters and without formally charging them restricted their liberty. This
can be seen as arbitrary detention.
DISPROPORTIONATE
USE OF FORCE BY RIOT POLICE
Since 19 January 2014 when protests started
at the Hrushevskogo street disproportionate use of force by riot police became
systemic:
- Rubber bullets aimed at vital parts.
Police started using pneumatic weapons shooting with rubber bullets. Contrary
to internal instructions to shoot when not closer than 40 meters from rioting
protesters and only in the feet direction, police repeatedly shot aiming at head
or upper body of protesters, often specifically targeting people who had clear
identification as press (bright orange shirts and cameras); there are several
videos when police is shooting from close range aimed directly at cameras of
journalists. These resulted in numerous and heavy injuries - on 19 January at
least three people lost an eye after being shot. LINK, LINK, LINK. LINK
- Grenades thrown in the middle of crowd.
Police has been actively using gas and flash-bang grenades and shooting them
directly at protesters, not near them as required by instructions. This
resulted in hundreds of people injured with fragments of plastic or metal
cartridges, mostly in the lower body area, but also in other parts. For
instance, one of the grenades tore to pieces hand of the protester (LINK, LINK).
- Severe
beatings. Riot police when going from defensive stand into attack was
chasing protesters, kicking them off their feet and then heavily kicking and
beating them with batons – often several policemen attacking single person
lying on the ground. In many cases such persons were then dragged on the ground
or pushed to detention buses, while being repeatedly hit and verbally abused;
some people were stripped in the process of their coats (in freezing
temperature). Beating was usually continued in the detention buses until the
persons were handed over to ordinary police and dispatched to police precincts
(if not kidnapped - see above). See: LINK, LINK, LINK, LINK. See another example – in the evening of 20 January
riot police beating protesters caught on the columns (a row of columns serving
as an entrance to stadium in the area of Hrushevskogo street), one of the
protesters may have died after being thrown down from the columns by the police
(see above) – LINK.
- Force used indiscriminately. The
police attack not only those who throw stones or are violent otherwise; force
is used indiscriminately against anyone who is in vicinity of active protests -
regardless of age and sex and despite absence of any signs of aggression or
moreover active resistance. Journalists and even medics are equally attacked
and subjected to brutal use of force described above.
- Use of water canons in freezing
temperature. According to regulations adopted in 1991 by the Council of
Ministers of the USSR (On the use of special means during protection of public
order), which are still in force in Ukraine (albeit amended several times), use
of water canons is allowed to disperse participants of mass disorders only if
temperature is not less than 0o Celsius. Despite that and the
freezing temperatures in Kyiv (-7oC on 19 January, -10oC
on 20 January), water canons have been extensively used and were aimed not only
at burning vehicles, but also on many occasions were intentionally aimed at protesters.
On 22 January 2014 the Government amended the said regulations and revoked any
temperature restrictions; this however does not make this practice acceptable –
use of water canons in freezing temperature can be viewed as inhuman treatment.
- Attacks targeting medics and
journalists. Riot police attacked by shooting with rubber bullets and
beating medics who help wounded protesters, even though they are clearly
identified as medical personnel. During one of the attacks on protesters police
stormed premises which were used for providing immediate medical assistance and
assaulted medical volunteers and Red Cross personnel – LINK. In another case policeman shot from close range into
foot of a medical volunteer, see video – LINK. Equally many cases of journalists being
targeted by the policemen have been reported – see the list of injured
journalists starting from 19 January 2014, LINK. Journalists who wore clearly visible identification
as “Press” and were video recording protests, were shot at by the policemen who
specifically aimed at video cameras or tablet computers when held near head;
other journalists were beaten by the policemen (LINK, LINK, LINK, LINK, LINK).
- Use of forbidden means. Riot
police was attacked with stones and Molotov cocktails, it responded in kind - by
throwing back stones and Molotov cocktails. While attacks on police are illegal,
the police are not allowed to respond in the same manner – there are strict and
specific instructions on the use of force and special means of protection and
they do not allow riot police to throw back stones and burning liquids.
Freedom
of from ill-treatment. Numerous cases of excessive use of force by the police
may qualify as inhuman treatment. Such use of force was disproportionate and
not indispensable in the circumstances. The state has to provide convincing and
credible arguments which would provide a basis to explain or justify the degree
of force used - no such justification
was provided.
VIOLENCE
BY PERSONS ACTING WITH SUPPORT OR ACQUIESCENCE OF THE STATE
- During last two months there have
been numerous reports of people hired to attack or intimidate protesters. They are
known as “titushki” (LINK, LINK, LINK, LINK) - illegal units of hired provokers, sporty young men used
for forced dispersing of rallies, beating protesters, arranging scuffles. There
are media reports and video/photo evidence that “titushki” are protected by the
police, often seen talking with them or are allowed by the police to enter
areas which are closed for other persons. There was also no case reported of
police arresting any of them even when illegal acts are committed in plain view
of the police.
- During the night of 21 January especially large
number of such hired thugs (about 2,000) was dispatched in various locations of
Kyiv surrounding Maidan to beat and intimidate people, vandalise property.
Police did not react to numerous reports about criminal activity of “titushki”.
To protect people vigilante groups were formed who pursued and apprehended
“titushki” around the city. LINK,
LINK
UPDATE:
Use of “titushki” was extended to regions, where protesters blocked or stormed
regional administrations. On 26 January In Dniepropetrovsk, Zaporizhia,
Cherkasy and other cities “titushki” were openly protected by the police, hid
in the premises of the state administrations and attacked protesters from there
using pneumatic weapons and sticks. Not only did not the police try to stop the
violence, but it actively protected and shielded attackers. LINK,
LINK,
LINK,
LINK,
LINK
UPDATE:
Reportedly on 27 January the Government approved regulations on “police
helpers” aimed at legalizing use of criminal elements as “police helpers”. LINK
Freedom
from ill-treatment. Police ignored numerous reports about
groups of provokers, thugs roaming streets of Kyiv and other cities, often
attacking or intimidating peaceful bystanders, damaging property. The state
therefore failed to execute its duty of protecting public order and safety of
people. On the contrary, there are credible allegations that police and other
law enforcement agencies protected, provided support to such men (“titushki”)
and even coordinated their activity, thus taking responsibility for their
actions.
ARBITRARY
ARRESTS AND DETENTIONS
- The police detained a number of people
for alleged participation and/or organization of mass disorders. According to
the Interior Ministry, as of 26 January, 116 persons were arrested for mass
disturbances, 81 of them were notified of suspicion.
- In its official statement on 23 January
2013 the Prosecutor’s General Office proposed: “In case if radically inclined persons stop violent actions, arson,
pogroms, resistance to law enforcement agencies and free Hrushevskogo Street,
prosecution bodies will request courts to replace preventive measures with
milder ones for persons who have already been detained and to choose a
preventive measure not related to arrest for those with regard to whom the
measure has not been chosen yet”. LINK
- Media reported about protesters who did
not take part in the violent clashes on Hrushevskogo street but were detained
far from Maidan area, in particular about students who were attacked by
“titushki” who then called policemen (“Berkut”) to arrest them. LINK, LINK
- In another case two journalists were
detained at a gas station as they tried to buy petrol for generator which was
used for on-line live broadcasting; police suspected them of buying petrol for
Molotov cocktails and charged with organization of mass disorders. LINK
- Road police arrested at least three
persons for having spare tires in their trunks, alleging that they were
intended to be burnt on Hrushevskogo street; they were charegd with
organization and participation in mass disorders and detained by courts for 2
months pending investigation. LINK, LINK
Right to
liberty and security.
Even without analyzing grounds on which courts relied to detain persons
arrested allegedly for participating or organizing mass disorder, statement by
the Prosecutor’s General Office clearly shows that prosecutors do not justify
detention orders by grounds provided for in the law, but by political and other
considerations. Detained persons are in fact treated as hostages – other
protesters were offered to ensure their release by withdrawing from
Hrushevskogo street. Justification
for any period of detention, no matter how short, must be convincingly
demonstrated by the authorities. Detention may not be based on refusal of other
persons to end protests and leave certain areas. Statement by the prosecutor’s
office attests to the arbitrary nature of arrests and detentions and that the
right to liberty has been restricted not for reasons provided for by the law.
