Ukrainian Judge caught giving false testimony

Evidence of a corrupt judicial system

February 5, 2014

The Judge of the Shevchenko District Court of Kyiv, Vladimir Bugil, gave false testimony to a Ministry of Internal Affairs investigator, on the basis of which a criminal case was brought against a lawyer of "Road Control", Victor Smaliy. Because of Bugil’s lies, lawyer Smaliy has spent two months sitting in jail, and tomorrow, February 6, 2014, in the Dniprovskiy District Court the process begins to consider the fraudulent "crimes."

On photo: advocate Victor Smaliy who is the threat for Ukrainian corrupt judicial system

According to official documents, Victor Smaliy has been charged under Part 2 of Article 15 of Part 2 of Article 377 ( from 3 to 7 year imprisonment) of the Criminal Code of Ukraine – committing a crime - namely, intentional infliction of minor bodily harm on a judge in connection with his official duties. The basis of the charges is the assertion that Smaliy tore Judge Bugil’s robe after the announcement of his decision assigning journalist "DK" Andrew Dzyndzya to jail.

An investigation was conducted to "recreate events", but without the participation of Victor Smaliy. Testimony by the "witnesses to the crime" were recorded on video. A copy of the recording was received by the defense after the investigation. In the video you can see how Judge Vladimir Bugil, after being warned about knowingly giving false testimony, deliberately slandered Smaliy. So, Bugil said Smaliy grabbed his arm with his left hand and swung his right hand to strike.

Court militiaman Bogdan Linden, generally stated that Victor made a fist of his right hand and with all his might wanted to hit Bugil on the head. Linden testified that he applied the methods of unarmed combat and "gripped" Smaliy’s hand to prevent strokes. "It was a deliberate action," - said the court militiaman. Similar testimony was essentially given by the court workers Anatoly Tverdohleb, Yuri Kozyura, and Artem Abdulin. In their stories, they showed "how Smaliy would have punched Bugil in the head."

However, this evidence is completely contrary to a video made by one of those present at the hearing. This video has not been published anywhere before. A copy of the recording was given by an investigator in the Interior Ministry as part of the "disclosure of evidence" only after he was falsely convicted. Neither the MVD nor the prosecutors can make any adjustments to his charge to account for this video.

RECORDING that includes the "attack" and false testimony of judge Bugil:


So, as you can see:
- Victor Smaliy did not grab the sleeve of Judge Bugil with his left hand.
- there was no right hand held high in a fist to strike.
- court militiaman Bogdan Linden was not at that spot, nor did he "stop Smaliy’s arm before impact."
- other testimonies were false when "witnesses" said that at the time of the action near Judge Bugil there was no one present except Smaliy.

Investigator Olga Kuzmin has repeatedly emphasized the fact that "Smaliy was alone near Judge Bugil and no one else could have pushed him." However, the video clearly shows that Smaliy kept his hands behind his back, and at that time several deputies were already next to him. Furthermore, prior to the shoving, two employees of court militia initially blocked Viktor Smaliy, so he a priori could not "grab the judge’s left sleeve, and then raise his right hand high to strike a blow to the head."
"According to the accusations of Dec 7, 2013, Smaliy, grabbed Buhil’s sleeve with his right hand, tearing it away, and then began to threaten the judge with physical violence, trying to cause him bodily harm, but he was prevented from doing so … "- comments Smaliy’s defender Alisa Dorogaya about the first official “accusations”.
FIRST OPTION CHARGES:

"Later, on Dec 23, 2013, after interrogation and the experiments which were conducted with victims and witnesses as part of the prosecution, the prosecutor of Kyiv changed the accusations by 180 degrees, namely "acting intentionally with his left hand grabbed Judge Buhil’s robe by the left sleeve, which the latter was wearing, and then pulled hard, tearing it so ... Smaliy continued his criminal actions by expressing death threats to Judge Buhil and attempting violence by gathering his right hand in a fist, and trying to inflict a blow to the head area of the latter, i.e., causing him beatings and injuries "- comments Smaliy’s defender Alica Dorogaya about the second version of the official “accusations
SECOND OPTION CHARGES:

"In the video of the investigative experiments conducted by investigator Kuzmin, the victim and witnesses show how  Smaliy "grabbed the judge's robe and raised his hand to hit Judge Bugil in the head." However, the video of the actual events shows that  Smaliy stands with his hands behind his back, does nothing, and does not speak. Court militiaman has enough of it and calls for help on the radio. Then, quite inexplicably, he physically knocks  Smaliy over. And most importantly, the "victim" Judge  Bugil stands and just looks at it all, "- said the defender.

Translation from 'Road Control' original publication
http://roadcontrol.org.ua/node/2066

Victims on Hrushevskogo street: story of young guy who lost his eye

One of the injured Euromaydan protesters: “Militiamen were arresting everyone in the hospital”

by Tetyana Vygovs’ka

Olexiy was one of the first seriously injured – a flash-bang grenade splinter put out his eye.

Everyone who knew this young man said he was very easy-going. Olexiy Shatnyuk, a graduate from National Agricultural University of Bila Tzerkva, was always cheerful and peaceful. But even such a positive person got fed-up with Ukrainian regime. Olexiy had once joined Ukrainian Military Forces as a contractor, but after facing all the chaos in there he withdrew the contract, and lately was working as a pizza delivery man in Kyiv. When the protests at Maydan started he volunteered into defense units, and later, when riots took off in Hrushevskogo Street, he ended up in there. He happened to become one of the first seriously injured protestors – a splinter of a flash-bang grenade put out his eye.  At present he is being treated at Kaunas Health Clinic (Lithuania) after Lithuanian government had invited him over for medical treatment.

Olexiy (third to the left) among his friends on Youth Day in Bila Tzerkva, 2013.

- Olexiy, how did you get to Lithuania for medical treatment?

-  Other volunteers from Maydan called me and said there was a possibility to get treated abroad. After the injury I had no idea what to do, I was hopeless, I planned on waiting for the riots to end and only after that apply for disability. And there they called.  First, they offered to seek financial help among friends and relatives, then called Lithuanian Embassy and requested help.

- When you were in Ukrainian hospital, did militia officials visit you, did they inquire where you had got these injuries?

- Yes, militia officials from Pechers’ky regional department came over. I filed the time, place and circumstances of the injury. I stated that it was Berkut who threw the grenade. By the way, it was the militiamen who informed my family about me being injured. After three days in the hospital I received a phone call from my friends, they said I’d better not remain in the hospital any further since militia had started arresting all injured protesters.  I followed the advice and went to my sister overnight without even being discharged from the hospital. The next day, I came to the hospital to get my documents back. Again, I got lucky – fifteen minutes after I left militiamen started arresting the injured protesters. No one was asking when or how an injury happened, they were taking everyone away. I was just lucky to escape. It was insane, as there were seriously injured patients as well. I was offered to be evacuated to Western Ukraine, yet I refused. I kept hiding at my sister’s until the day I moved to Lithuania.

- Have you paid anything for a Schengen visa?

- No, everything was taken care of by Lithuanian Embassy. Even the car that took me to the airport was arranged by the Embassy.

- How many people were flying with you to Lithuania for medical treatment?

- I am the only one in Kaunas. There are several people in Vilnius; one of them has bad injuries. Not only he was bullet-wounded, Berkut also beat him bad. As a result, the person has severe injuries of internal organs. President of Lithuania came to visit him immediately upon arrival. Minister of Health of Lithuania visited me and held meeting with local doctors regarding my further treatment.

-         What kind of treatment are you receiving?

-         Currently I have got a prosthesis; I am getting rehabilitation and drug-induced therapy. I only have the white part left from my eye, so it is being decided upon what type of prosthesis I shall be getting. I do not go outside, staying inside the hospital at all times. I am getting used to the foreign body in my eye. Now I have a temporary prosthesis, it irritates the orbit, everything itches inside and I am tempting to rip it out. On the first day it was impossible to remain quiet, headache was so immense. I even asked the doctors to remove the prosthesis, but they tried to calm me down, they said it was a normal reaction of the body.

-         How long will you be staying in Lithuania?

-         I do not know for now. There will be a meeting next Monday (we talked to Olexiy on February 2^nd – aut.), after which I should know for sure how long my treatment will take. I miss home a little. Women from Ukrainian society were visiting me too; they said I should stay as a refugee. It was unusual to observe the doctors’ reaction to that visit. The doctors suggested I should be very careful and reserved with strangers, because a well-wisher could be a Security Service agent. I laughed a little, but they responded: “Just think about how they have found out about you here? From a newspaper?” But still, I doubt I could be of any interest to Security Service – I am neither an organizer, nor a leader, I am a simple protester.

- Which language do you speak to the doctors?

- I speak Ukrainian and Russian, but the doctors barely understand me – they use Lithuanian and English here. Only older generations that lived and worked in the times of the USSR more or less remember Russian.

- How did you happen to get to Maydan at all?

- I was at Euromaydan from the very beginning – partaking in defense, protesting at the Head Office of Public Prosecutor. When not busy, I was always going to the Independence Square. I never supported any of the political parties, but my friends were in Maydan, so I could not stay aside.
 

- Do you remember the moment you got injured?

- That day I ran to Hrushevskogo after work. The buses were burning already and I had neither glasses, nor helmet. It was very scary there – rocks falling down, hammers, grenades. I was shocked that Berkut were also throwing rocks even though they were not allowed to. People seemed to be throwing rocks because they needed to release their anger. I was waiting for something more aggressive from Berkut and planned to help the protesters after that. Most people did not partake in the riot. I also did not plan to partake and was about to retreat to a safe distance when that grenade stunned me. Its splinters put my eye out, one splinter got stuck in the neck, and legs were wounded. My pants were filled with splinters. I remember only a flash. Somebody picked me up and took me away. It took a long time for the ambulance to arrive. In the hospital they let me know that my eye had all flown out, it was on my cheek.

- Are you learning Lithuanian little by little?

- On elementary level (laughing): “Hello”, “Thank you”, “Good bye”. I do not know how much more time I will be here, but I will definitely learn some phrases.

- What do you plan on doing after you return to Ukraine?

- It’s hard to say, a healthy person has problems with finding a job, what to expect when you are handicapped. Time will show, yet I do not plan to stay here – I long for my Motherland.

Translated to English by Valeria K.
http://blogs.korrespondent.net/pro_users/blog/svidoma3/a131800

Systemic violence by state agents in Ukraine in January 2014

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 0^o Celsius. Despite that and the freezing temperatures in Kyiv (-7^oC on 19 January, -10^oC 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.

Prepared by Dmytro Kotlyar

“ It feels like we are turning from victims into suspects”

Irina Kotzyubinskaya, the protagonist of a publication by FACTY and” the first victim” of Euromaydan says that participants of the protests are being put under pressure by secret service and there might come a day, she will have to face it too. In the meantime, another student beaten by Berkut is charged with theft, a photographer whose pictures have been published by Reuters is detained for 60 days.

We published earlier an article about 17-year-old Irina Kotzyubinskaya who was one of the first victims of the Berkut attack against peaceful students’ demonstration in the Independence Square (Maydan Nezalezhnosti) – the young girl was posted missing for several days then.  That article was reposted by multiple Ukrainian and foreign media. Thousands users of social networks shared the story as well. However, not everybody believed in it. There were a lot of statements that Irina’s story is a journalists’ fiction. Some commented in social networks that our newspaper had published a lie. Someone even stated that the girl did not exist.

“Deputy Dean carefully asked me : “So, are you alive? Then proceed to the examinations”.

Below we cite some of the comments we have received (orthography remained unchanged):

“Does anyone really believe in this professionally and artificially composed rot? It’s not only written by some experiences muckraker, it’s written by an ingenious liar… Journalists, you are mercenary scums! No conscience! No principles!”

“This article is a fake, a stream of consciousness by a paid “brain”… The girl most likely shit her panties and swooned or faked a swoon, and that was photographed. No one was beating her, despite all the mess provoked solely by Ukrainian Nazis against Berkut. Berkut was noble with her. For a week the leaders of Maydan were deciding on whether to make a victim of revolution out of her. They decided they would not conceal her dead body, so she “resurrected” as a Maydan zombie”.

“Take a careful look at the photo: where do you see a young girl? It is obviously some middle-aged woman, maybe homeless”.

Photos of 17-y.o. Irina snatched by Berkut during students’ demonstration attack were published in many Ukrainian and foreign media.

However, most readers sympathized with the girl and started discussing the actions of security police. Irina Kotzyubinskaya told FACTY that after the article had been published she received a vast amount of phone calls and questions in social networks. It was so unexpected that the girl even switched off her handy for a while

- I would like to answer those who think I am a ghost “I exist!”, - says Irina. I was born in Vinnitza, being a freshman of Humanitarian Department at National University Kyiv-Mohyla Academy. Honestly, I am tired of proving that what has happened to me is true. I do not understand why some people do not believe it. They probably do not want to accept the obvious. And this is upsetting.

Now I am fully occupied with studies. Revolutions are important, but nobody cancelled midyear examinations. Last week the Deputy Dean, who had taken my story with understanding and even compassion, called me in and said: “ So, you are alive, aren’t you. Then proceed to the midyear examinations.” Since I spent a week in Maydan, I was late with tests in a number of studies. Now I spend nights writing tests and reviews, and pass exams in the daytime.  

— How did your parents react to the article about you?

— Their reaction was normal, no drama. Only my mother asked to be more careful. By the way, there have started repressions towards those who were standing at Maydan with me. I was told they had been visited by officials of State Security Service of Ukraine. They said other protesters were being closely monitored. So to say, one more “wrong” move, and don’t complain then. After such warnings some protestors left Ukraine. Possibly I will be paid a visit soon too.   

“Only twenty victims out of hundreds took legal actions. The rest got intimidated.”

FACTY tried to obtain proof that some victims of Euromaydan protestors beaten by Berkut did leave Ukraine. However, activists of the protests have no such information. Irina Kotzyubinskaya refuses to share the names. The girl is afraid not for herself – she is afraid for her brethren. Nobody knows what is going on with several hundreds of people beaten by Berkut on November 30th. There is not even a complete list of people who were in the Square that night, some are still missing. This information our newspaper obtained from Evgheniy Serdyuk, the leader of recently registered organization “Group of 30^th November”.

- We are looking for all the people who were beaten or arrested that night,” – says Evgheniy. “We know that many were intimidated and threatened, so they are hiding. Out of several hundreds of victims only twenty appealed to court. There is a team of lawyers working with those; we plan on protecting their rights and win justice.

Do you know that law-enforcement authorities falsify victims’ testimonies? For example, when several victims ended up in hospitals, the militia arrived immediately and noted “the statements” of the victims. One statement said that a student had allegedly provoked a fight with Berkut, the other student “badly hurt himself when falling”, yet another one got beaten by other protestors!

Since recently the victims have been invited to the Office of Public Prosecutor to provide detailed evidences. It feels like we are turning from victims into…suspects! Investigators apply psychological pressure; our attorneys with different excuses are being sent away. We wrote a letter to the Prosecutor General and described in detail what was going on during interrogations, we asked the Prosecutor Viktor Pshonka to secure our rights. Fifty Parliament Members signed the letter. Yet we have not heard back.

Meanwhile, strange things started happening to other victims of the “bloody Saturday”. Last weekend Facebook burst with a story that a student, beaten by Berkut and staying in the hospital with severe injuries, was accused of theft!  He allegedly stole a handy from another patient.

— “I was brought to Shevchenkivskiy Regional Police Station of Kyiv together with other beaten people”, - says Vitaliy Kuz’menko, a 22-y.o. student of Kyiv Grinchenko’s University. – “They kept us locked in a police van for an hour. Some people were losing conscious from pain. A young man, who had been beaten on the chest area, could not breathe. Policemen demanded that we explained in writing what we were doing in the Independence Square on the night of November 30^th. Later Parliament Member Andrey Shevchenko approached us and took several injured to Kiev Municipal Emergency Hospital. Doctors there diagnosed me with closed craniocerebral injury, concussion and elbow fracture. It’s been almost two weeks since I am in the neurosurgery department.  

— “Last Saturday I went downstairs in the hospital for a smoke,” – Vitaliy continues. “A man in his midyears approached me and asked if he could borrow my handy. He explained he had run out of money on his phone and his wife urgently needed to make a phone call. I did not mind. Together we went to the sixth floor where, as he stated, his wife was treated. He went in a ward, I stayed in the hall. Five minutes later he came out, returned my phone and thanked me. I went back to my ward in the third floor.


Vitaliy Kuz’menko, a student at one of Kyiv’s Universities: “After they had beaten us in Maydan, they kept us locked in a police van for an hour. Some people were losing conscious from pain…» (Photo courtesy of the author)

Exactly 40 minutes later two militiamen and a stranger showed up in my ward. The stranger  pointed at me “It was him who stole it! Give the handy back!” Militiamen explained that a handy of the stranger’s girlfriend had been stolen. It turned out that there were eye-witnesses who had seen me hanging out in the sixth floor next to the victim’s ward. I was recognized and found by militia for my “distinguishing features”: arm in a cast and… black slippers. Militiamen wanted to examine my personal belongings. “Yes, sure”, - I answered. The militiamen searched through my stuff, but found nothing.

Meanwhile, other patients raised hell – they posted on Facebook and called journalists in. A lawyer came over. Militiamen tried to explain themselves: “He is not a suspect yet; we are just looking into it”. They left pretty fast. 

“FACTY” newspaper requested explanation from the authorities. Olga Bilyk, a speaker for Kyiv City Militia informed us that a criminal case had been opened in relation to the theft incident. Yet, Vitaliy Kuz’menko was not a suspect in the case.

“My son’s only fault is that he was taking pictures of the beating in Maydan”.

It must be a strange coincident that last Monday another protestor was accused of handy theft. It was Oleh Panas, a photographer from Lviv who was in Maydan on the night of November 30^th and who made pictures of students’ beating by Berkut.

-  Oleg went downtown for personal reasons and got appproched by three strangers dressed as civilians, - says Igor Panas, the father of the arrested photographer. – They stated that Oleh had stolen a handy, tied his hands and put him a blue car. Oleh was held in a regional militia office for almost 24 hours, and then he was transported from Lviv to Kyiv.


Oleh Panas, a photographer from Lviv, is now in Pretrial Detention Unit. He was at Maydan on the night of November 30^th and took pictures of the events. He also got beaten by Berkut.

On Tuesday, Shevchenkivs’kyi District Court arraigned Oleh Panas of upheaval organization in front of Kyiv City Administration, with further 60 days of detention as a punishment measure. Attorney at law Tatyana Kozachenko complained that she was not allowed to defend Oleh in court, she was not even allowed to meet with him. The lawyer spent two days at the door of Kyiv Pretrial Detention Unit demanding a meeting with her client.  

— “Oleg was not even in Kyiv on December 1^st!” – says his father. “As I am explained, my son is only guilty of taking pictures at Maydan on November 30^th, and then being among the first who shared pictures in the web. Later his pictures were published by Reuters. By the way, that night Oleh was also beaten by Berkut, his camera was broken…” 

Two days ago the protestors declared they would be staying in Maydan until the offenders of peaceful protests of November 30^th were punished.

Irina Koprovskaya, “FACTY”

13.12.2013

Translated by Valeria K.
http://fakty.ua/173665-sozdaetsya-vpechatlenie-chto-iz-nas-postradavshih-pytayutsya-sdelat-podozrevaemyh