report of the international advisory panel on its review
TRANSCRIPT
THE PANELrsquoS ASSESSMENT
ndash
THE PANELrsquoS EVALUATION OF THE CURRENT STATUS OF THE INVESTIGATIONS
THE PANELrsquoS CONCLUSIONS
SUMMARY OF THE PANELrsquoS CONCLUSIONS
THE PANELrsquoS CONCLUDING REMARKS
rsquo rsquo
Prosecutor Generalrsquos Office
The International Advisory Panel (ldquothe IAPrdquo or ldquothe Panelrdquo) was established by the
an Rights (ldquothe
Conventionrdquo) and the caselaw of the European Court of Human Rights (ldquothe European
Courtrdquo)
receive regular reports from the Prosecutor Generalrsquos Office (ldquothe PGOrdquo) on the progress of
provided that at the end of the Panelrsquos mission a final report should be prepared by the Chair
The scope of the Panelrsquos review
appointed and the Panel was thereby constituted In the same month the Panelrsquos Mandate
underlining that the main focus of the Panelrsquos wor
investigations the letter went on to confirm the Ukrainian Governmentrsquos acceptance that the
Panelrsquos Mandate The letter concluded
s 2 and 3 of the Convention and the relevant European Courtrsquos caselaw of the
authorities namely the PGO the Ministry of the Interior (ldquothe MoIrdquo) and the State Security
Service (ldquothe SSUrdquo) all of which were char
The Panelrsquos working methods
review both from the authorities especially the Prosecutor Generalrsquos Office and from the
The Panelrsquos Report
ldquoDraconian lawsrdquo The Panel has not taken ac
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
THE PANELrsquoS CONCLUSIONS
SUMMARY OF THE PANELrsquoS CONCLUSIONS
THE PANELrsquoS CONCLUDING REMARKS
rsquo rsquo
Prosecutor Generalrsquos Office
The International Advisory Panel (ldquothe IAPrdquo or ldquothe Panelrdquo) was established by the
an Rights (ldquothe
Conventionrdquo) and the caselaw of the European Court of Human Rights (ldquothe European
Courtrdquo)
receive regular reports from the Prosecutor Generalrsquos Office (ldquothe PGOrdquo) on the progress of
provided that at the end of the Panelrsquos mission a final report should be prepared by the Chair
The scope of the Panelrsquos review
appointed and the Panel was thereby constituted In the same month the Panelrsquos Mandate
underlining that the main focus of the Panelrsquos wor
investigations the letter went on to confirm the Ukrainian Governmentrsquos acceptance that the
Panelrsquos Mandate The letter concluded
s 2 and 3 of the Convention and the relevant European Courtrsquos caselaw of the
authorities namely the PGO the Ministry of the Interior (ldquothe MoIrdquo) and the State Security
Service (ldquothe SSUrdquo) all of which were char
The Panelrsquos working methods
review both from the authorities especially the Prosecutor Generalrsquos Office and from the
The Panelrsquos Report
ldquoDraconian lawsrdquo The Panel has not taken ac
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
rsquo rsquo
Prosecutor Generalrsquos Office
The International Advisory Panel (ldquothe IAPrdquo or ldquothe Panelrdquo) was established by the
an Rights (ldquothe
Conventionrdquo) and the caselaw of the European Court of Human Rights (ldquothe European
Courtrdquo)
receive regular reports from the Prosecutor Generalrsquos Office (ldquothe PGOrdquo) on the progress of
provided that at the end of the Panelrsquos mission a final report should be prepared by the Chair
The scope of the Panelrsquos review
appointed and the Panel was thereby constituted In the same month the Panelrsquos Mandate
underlining that the main focus of the Panelrsquos wor
investigations the letter went on to confirm the Ukrainian Governmentrsquos acceptance that the
Panelrsquos Mandate The letter concluded
s 2 and 3 of the Convention and the relevant European Courtrsquos caselaw of the
authorities namely the PGO the Ministry of the Interior (ldquothe MoIrdquo) and the State Security
Service (ldquothe SSUrdquo) all of which were char
The Panelrsquos working methods
review both from the authorities especially the Prosecutor Generalrsquos Office and from the
The Panelrsquos Report
ldquoDraconian lawsrdquo The Panel has not taken ac
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The International Advisory Panel (ldquothe IAPrdquo or ldquothe Panelrdquo) was established by the
an Rights (ldquothe
Conventionrdquo) and the caselaw of the European Court of Human Rights (ldquothe European
Courtrdquo)
receive regular reports from the Prosecutor Generalrsquos Office (ldquothe PGOrdquo) on the progress of
provided that at the end of the Panelrsquos mission a final report should be prepared by the Chair
The scope of the Panelrsquos review
appointed and the Panel was thereby constituted In the same month the Panelrsquos Mandate
underlining that the main focus of the Panelrsquos wor
investigations the letter went on to confirm the Ukrainian Governmentrsquos acceptance that the
Panelrsquos Mandate The letter concluded
s 2 and 3 of the Convention and the relevant European Courtrsquos caselaw of the
authorities namely the PGO the Ministry of the Interior (ldquothe MoIrdquo) and the State Security
Service (ldquothe SSUrdquo) all of which were char
The Panelrsquos working methods
review both from the authorities especially the Prosecutor Generalrsquos Office and from the
The Panelrsquos Report
ldquoDraconian lawsrdquo The Panel has not taken ac
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Panelrsquos Mandate The letter concluded
s 2 and 3 of the Convention and the relevant European Courtrsquos caselaw of the
authorities namely the PGO the Ministry of the Interior (ldquothe MoIrdquo) and the State Security
Service (ldquothe SSUrdquo) all of which were char
The Panelrsquos working methods
review both from the authorities especially the Prosecutor Generalrsquos Office and from the
The Panelrsquos Report
ldquoDraconian lawsrdquo The Panel has not taken ac
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
review both from the authorities especially the Prosecutor Generalrsquos Office and from the
The Panelrsquos Report
ldquoDraconian lawsrdquo The Panel has not taken ac
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
operational readiness in view of the ldquothreat of a terrorist act in Kyiv on
30 November 2013rdquo
For example on 17 November 2013 the leader of a civic initiative entitled ldquoThird Ukrainian Republicrdquo Yuri
made a call on the projectrsquos web
p ldquoIssues on signature of the Association Agreement between the EUEA
States and Ukrainerdquo
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
signed The protesters gathered at the Cabinet of Ministersrsquo building near which certain anti
A number of political parties and civic movements such as the ldquoCoalition of Participants of the Orange
Revolutionrdquo the ldquoUkrainian Patriotic Alternativerdquo and others intended to commemorate on 22 November 2013
intended to request the law enforcement bodies ldquoto release an orthodox politicianrdquo The court granted the
authoritiesrsquo applications without giving any particular reasons The court further banned demonstrations aimed
NGOs to the Panel (ldquoJoint NGO submissionsrdquo) For the names of those NGOs
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Department thereafter issued an order to the Berkut officers ldquoto
remove the protestersrdquo
ldquoHuman Rights Watch interviewed 12 people who witnessed what happened there on November 30
clothing came to the square and asked the protesters to leave so that workers could put up the cityrsquos
already fallen to the groundrdquo
ldquoThe representatives of the communal services department requested the law
adopted in compliance with the law in forcerdquo
ldquoRegarding the events of 30 November 2013
Since there was active resistance individual Berkut officers used special means [hellip] At 420 am the
ushed out of Maidanrdquo
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
daysrsquo notice should be given of any planned demonstration
ldquoOn human rights situation in Ukrainerdquo of the
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
the demonstrations would interfere with the residentsrsquo right to recreation and since the demonstration might be
ldquoOn human rights situation in Ukrainerdquo of the
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ldquo rdquo
ndash
Group ldquoKyiv Civic Activerdquo and by the UDAR Party aimed at manifesting support for the
6 December 2013 protesters organised a ldquolying in protestrdquo in front of the PGO
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ldquoIn the early hours of December 11 2013 the police dismantled sever
minor hooliganism media reports saidrdquo
AutoMaidan protest took place at President Yanukovychrsquos
ldquo rdquo
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
as the ldquoDraconian lawsrdquo
Penalties were increased for such crimes as the deliberate destruction of anotherrsquos property
Following the Ombudspersonrsquos request the MoI informed her that 22 persons had
draft resolution to amend the ldquoRegulations on the use of s
public orderrdquo The resolution was adopted on the following day
For further information on the ldquoDraconianrdquo laws adopted in January 2014
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
3028) apprehended one of the protesters known as ldquoKozak Havryl ukrdquo beat him stripped
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Prosecutorrsquos Office on the ill
On 6 February 2014 an explosive device in a package labelled ldquoMedicinerdquo exploded
At 500 pm the MoI and SSU published a call ldquoto stop the rioting by 600 pmrdquo
failing which ldquoorder will be restored with all the means provided by lawrdquo
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
telephone A stun grenade was thrown under Mr Veremiirsquos car and the titushky attacked the
provided to law enforcement officers stating ldquoWe signed
Antiterrorist Centrersquos work the law enforcement officers have been provided with combat
weapons and they will be used in accordance with the Law on Policerdquo
The day of 20 February 2014 was declared by the Presidentrsquos decree to be a day of
There was no relevant announcement on the SSUrsquos website but
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
VII ldquoOn condemnation of the use of violence which led to the loss of human liferdquo
referred to since then ldquosince 30 November 2014 106 persons perished and died on the
territory of Ukrainerdquo As a result those protesters whose death was allegedly related to the
Maidan protests received the symbolic name of the ldquoHeavenrsquos Hundredrdquo
sum assistance to the victimsrsquo
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Administration and St Michaelrsquos Cathedral
received a ldquotentative listrdquo of persons who had suffered serious
Prosecutorrsquos Office
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ldquoPressrdquo signs their equipment had been destroyed they had been injured by the explosion of
the Kyiv Prosecutorrsquos Office to the Ombudsperson it was reported that 992
ldquoOn human rights situation in Ukrainerdquo of the
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ldquomissingrdquo pe
Events of 21 February 2014 end of the Mr Yanukovychrsquos presidency
introduced to the Criminal Code (ldquoCCrdquo) allowing for the release of an opposition politician
anukovychrsquos whereabouts were unknown the Parliament decided that he had
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
footage appeared in which Mr Yanukovych described the events as a ldquocoup drsquoEtatrdquo There
While Parliament voted to repeal the controversial Law ldquoOn Languagesrsquo Policyrdquo t
number of Ministers and nationalised Mr Yanukovychrsquos private estate
the work of the investigating authorities and are accordingly of relevance to the Panelrsquos
ldquo rdquo
ARCrsquos territory
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Peoplersquos Republics In response an
ndash
Although the events in Odesa are also covered by the Panelrsquos Mandate (see the Introduction to th
ldquoOn human rights situation in Ukrainerdquo of the
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
with a prosecutorrsquos approval An investigator is obliged to comply with a prosecutorrsquos
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ndash
February 2015 Verkhovna Rada approved Mr Yaremarsquos dismissal and the
ly based on the PGOrsquos submissions to the Panel
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
According to the PGOrsquos submissions to the Panel between April and September 2014
December 2014 the Special Investigations Division (ldquoSIDrdquo) was
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ndash
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
According to Article 19 of the Law of Ukraine lsquoOn Security Service of Ukrainersquo the staff of the SSU
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
establish the circumstances of an officialrsquos failure to comply with the law or with orders
which prejudiced the SSUrsquos performance of its functions or which resulted in ot
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
(ldquoEuroMaidan proceedingsrdquo) which concern
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Maidan operations were referred to as ldquoBoomerangrdquo (the SSU operation) and as
ldquoSurgerdquo or ldquoWaverdquo (the MoI operation)
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The MoIrsquos position was that whilst certain deployment records had been
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Maidan operation (ldquoBoomerangrdquo)
hold onto power ldquoby any
meansrdquo
The PGO criticised the two internal inquiries conducted by the SSU The Panelrsquos
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Maidan operation of the MoI (ldquoWaverdquo)
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The ldquothird force theoryrdquo
was also examining the possibility that a ldquothird forcerdquo that
also raised the possibility without developing it that a ldquothird forcerdquo
weapons or that a ldquothird forcersquo had been involved in those death
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Mr Bahanets concerning the PGOrsquos attempts to pursue its enquiries with those former Berkut
had not yielded any useful evidence there were certain identifying features (the officersrsquo
cerrsquos
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Court refused the PGOrsquos request for an extension of the pre
Mr Sadovnykrsquos pre
bracelet was 50 metres and the transmitter in Mr Sadovnykrsquos home relayed a signal to the
Sadovnykrsquos
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
the suspectrsquos tracker device (no answer) to the suspectrsquos wife (who said he was in hospital)
to the suspectrsquos legal counsel (who had no information) and to the local police
suspectrsquos
that evening the supervising police officer attended at the suspectrsquos house
and his bracelet were missing but the mobile tracker and transmitter were there The suspectrsquos
On 4 October 2014 Judge Volkova issued a warrant for Mr Sadovnykrsquos arrest On
the PGOrsquos appeal set aside the first instance ruling and extended Mr Sadovnykrsquos pre
Mr Sadovnykrsquos escape
responsible for Mr Sadovnykrsquos escape their submissions to the Panel pointed to the MoI
sidered Judge Volkovarsquos decision to have been entirely unfounded she had not released
Mr Sadovnykrsquos home arrest and there had been no need to release Mr Sado
Sadovnykrsquos home arrest Mr Makhnitskyi and Mr
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Sadovnykrsquos escape were the same as
PGOrsquos offices A week later no one had
rsquos resignation
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Initially the PGO left it to the Kyiv City Prosecutorrsquos Office to investigate non
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
PGOrsquos request to hold the session
the PGO criticised as a ldquomere formalityrdquo the MoIrsquos internal inquiry which had
The Heavenrsquos Hundred NGO expressed outrage to the Panel about this release of Mr Krysin given the
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
February 2014 and complained about the MoIrsquos failure to provide the PGO
th any other information about this incident despite the PGOrsquos repeated formal requests to
The court accepted Mr Kravetsrsquo reconciliation agreement and taking into
yearsrsquo restriction of liber
n admission of guilt a public apology reconciliation with the victim and the accusedrsquos
of three yearsrsquo imprisonment and excluded Mr Lomonos from holding a law enfor
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
PGOrsquos petition to exempt Lieutenant
yearrsquos
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
City Prosecutorrsquos Office which cover numerous incidents some of particular significance the
served by Kyiv City Prosecutorrsquos Office in any of these cases
On 22 October 2014 members of AutoMaidan protested in front of the PGOrsquos offic
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
pursued by the Kyiv City Prosecutorrsquos Office They concern
venrsquos Hundred NGO complained to the Panel about a lack of progress in these
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
returned the indictments citing certain shortcomings in them The prosecutorrsquos appeal was
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Chornovolrsquos car had cut across them they gave chase and forced her car to stop She tried
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
In response to Panel questions about the PGOrsquos criticism of the SSUrsquos lack of co
matter to the investigative jurisdiction of the Main Military Prosecutorrsquos Office within the
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Veremiirsquos assault
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Solomyanskyi Prosecutorrsquos Office in Kyiv and on an investigative judge of Solomyanskyi
The investigations by the Kyiv City Prosecutorrsquos Office
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
PANELrsquoS ASSESSMENT
the Panelrsquos role
to ldquosecure to everyone within their jurisdiction the rights and
Conventionrdquo the provisions of Articles 2 and 3 require by implication that there should be
ldquo21 December 1989rdquo and
Masri v ldquothe former Yugoslav
Republic of Macedoniardquo
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
European Courtrsquos jurisprudence on impunity of law enforcement officials in
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
to go unpunished The Council of Europe has long considered that ldquoimpunity must
the rule of law and public trust in the justice systemrdquo
by MoI staff highlighting a ldquowidespread perception of impunityrdquo The CPT criticised the
The CoE Commissioner for Human Rights has underlined Ukrainersquos long
found the investigations into such violations by MoI departments to be ineffective since ldquoit is
sometimes a lsquocode of silencersquo about protecting onersquos ownrdquo
authoritiesrsquo tolerance of ill
Masri v ldquothe former Yugoslav Republic of Macedoniardquo
ldquoNo Evidence of a Crime Paying the Price for Police
Ukrainerdquo
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
ldquoUkraine A New Country or Business as Usualrdquo
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Berkut officers ldquohave redeemed their guilt with their own bloodrdquo
ersquos behalf had atoned for their
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
regards the killings and injuries of protesters which were joined in the PGOrsquos main Maidan
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
investigations which took place thereafter and on which the Panelrsquos review
unprecedented in Ukrainersquos recent history The demonstrations have been much documented
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos asses
The fact that many protestersrsquo faces were obscured by masks scarves and
ldquoOn human rights situation in Ukrainerdquo of the
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Statersquos monopoly on the use of force
Oumlğur v Turkey
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
Courtrsquos caselaw
In the Panelrsquos opinion the fact that the pre
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
In particular the investigationrsquos conclusions must be based on
undermines to a decisive extent the investigationrsquos
required to satisfy the minimum threshold of the investigationrsquos effectiveness depend on the
Heavenrsquos Hundred an NGO which represented the next
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
against him of illegally supressing the Maidan demonstrations However the Panelrsquos
the authoritiesrsquo response to the Maidan violence
Mr Scherbyna was Mr Bahanetsrsquo subordinate as Head and then Deputy
Scherbynarsquos redundancy was an artificial one while his post had been abolished in
a Department in a Regional Prosecutorrsquos office who had no investig
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
authoritiesrsquo response to the Maidan violence The removal from the Maidan
Prosecutorrsquos Office
the City officersquos investigations It was not until late October 2014 that an important
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
AutoMaidan protest outside the PGOrsquos office on 22 October 2014 that the investigation with
officials of titushky and the latterrsquos actions including the death of Mr Veremii) is being
between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
the PGOrsquos supervision of the investigative work of the Kyiv City
Prosecutorrsquos Office to have been effective
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
investigative requests The PGO letter of 12 June 2014 criticised the ldquodangerous tendencyrdquo in
Makhnitskyi referred to an ldquoinformal and hidden oppositionrdquo to the investigations
concern for the Panel as regards the MoIrsquos co
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
been furnished with the MoI internal inquiry reports concerning Mr Sadovnykrsquos escape from
ng Mr Sadovnykrsquos home arrest
ldquoa grievous or an especially grievous offencerdquo The PGO letter of 12 June 2014 criticised the
Ministerrsquos
GOrsquos letter of 12 June
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
information for the PGOrsquos investigations of sniper shootings which for the mom
Okkalı v Turkey
yıldız v Turkey Okkalı v
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
Statersquos intolerance for such acts
otherwise a Statersquos duty to carry out an effective investigation would lose much of its
stated that ldquothey operated as they had done under the previous regimerdquo
press conference in December 2014 referred to an episode in one of Mr Sadovnykrsquos hearings
Okkalı v Turkey
the PGO Mr Horbatiuk confirmed that the Berkut officers appearing at Mr Sadovnykrsquos hearing had shouted
ldquoGlory to Berkutrdquo and
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Havryliukrsquos case
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
ndash
related violence In the Panelrsquos opinion the
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panel also finds Mr Sadovnykrsquos escape to be as worrying as it was unnecessary
not carry out any adequate surveillance of the suspectrsquos home arrest pending the appeal as
make his escape The Panel considers persuasive the PGO suggestion that Mr Sadovnykrsquos
o persons within the MoI as having organised Mr Sadovnykrsquos
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
no indisputable evidence of the commission of ldquoa grievous
or especially grievous crimerdquo
a Statersquos obligations under Articles 2 and
individualrsquos right to life and the right not to be ill
law liability of the perpetrators but also the Statersquos duty to combat the sense of
Association ldquo21 December 1989rdquo and Others
Marguš
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
uld run counter to the Statersquos obligations under
would be incompatible with Ukrainersquos obligations
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
It is not the Panelrsquos role to reach a conclusion as to whether delays in the
The Panel recalls the European Courtrsquos jurisprudence to the effect that in order to
maintain public confidence in the authoritiesrsquo adherence to the rule of law and to prevent any
constitute a painful landmark in Ukrainersquos recent history There were reportedly ldquoanti
terroristrdquo plans to counter the demonstrations which were devised and i
ldquoUkraine A Year After EuroMaydan Justice Delayed Justice
Deniedrdquo ldquoUkraine A New Country or Business as Usualrdquo
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
related investigations have been referenced on the Panelrsquos Internet site
point The Heavenrsquos Hundred NGO was formed at the end of July 2014 in order to be able to
s also the Panelrsquos impression Even with the more direct
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessme
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
satisfy the publicrsquos right to know what happened during the Maidan
rsquo
ldquoUkraine lsquoNo evidence of a crimersquo Paying the price for impunity
rdquo ldquoUkraine ldquoEuroMaydanrdquo Human rights violations during protests in Ukrainerdquo
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment
rsquo
rsquo
The Panelrsquos role is not to determine whether the investigation of an
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment anelrsquos evaluation of the current stat
THE PANELrsquoS
The Kyiv City Prosecutorrsquos Office was charged with important Maidan
Kyiv City Prosecutorsrsquo office
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
The Panelrsquos assessment he Panelrsquos evaluation of the outcome of the investigations
authoritiesrsquo
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
rsquo
SUMMARY OF THE PANELrsquoS CONCLUSIONS
Panelrsquos review has principally focused
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
anelrsquos conclusions
srsquo response to the Maidan violence The removal from the Maidan investigations
vestigative work between the PGO on the one hand and the Kyiv City Prosecutorrsquos Office
and the MoI on the other to be coherent or efficient Nor did the Panel find the PGOrsquos
supervision of the investigative work of the Kyiv City Prosecutorrsquos Office to
incompatible with Ukrainersquos obligations under Articles 2 and 3 of the Convention
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
anelrsquos conc
accountability and in addition failed to satisfy the publicrsquos right to know what happened
The Panelrsquos role is not to determine whether the investigation of an individual case
ndash
Panelrsquos evaluation
this Report have undermined the authoritiesrsquo ability to establish the circumstances of the
E PANELrsquoS CONCLUDING REMARKS
the view that ldquoimpunity must be fought as a
rule of law and public trust in the justice systemrdquo It was in recognition of the need to create
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
anelrsquos conclusions
rsquo
rsquo
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
Structure of the Prosecutor General Office (ldquoPGOrdquo)
Structure of State Security Service (ldquoSSUrdquo)
Structure of the Ministry of Interior (ldquoMoIrdquo)
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Mandate of the International Advisory Panel (ldquoPanelrdquo and ldquoIAPrdquo)
this end the IAP shall receive regular reports from the Prosecutor Generalrsquos office on the progress of
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
(ldquoMoHrdquo) the Parliamentary Commissioner for Human Rights the Mayorrsquos
On 26 June 2014 further letters were sent to the PGO the MoI the MoH the Mayorrsquos
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
formerrsquos visit to the Council of Europe In his address on the same day to the Parliamentary
-
-
-
-
-
-
-
-
-
-
- representatives of certain NGOs the Centre for Civil Liberties Heavenrsquos Hundred and
-
-
-
Department (ldquoMIDrdquo) of the PGO in February ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Lawyer Heavenrsquos
Lawyer Heavenrsquos Hundred NGO
EuroMaidan activist kozak and member of Maidanrsquos Self
Head of the Presidentrsquos Administration from January to February 2014
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
to four yearsrsquo imprisonment and to a confiscation order He wa
Acting Head of Presidentrsquos Administration from March to June 2014
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
seven yearsrsquo imprisonment released on 22
Lawyer Heavenrsquos Hundred NGO
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Structure of the Prosecutor General Office (ldquoPGOrdquo)
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
Structure of State Security Service (ldquoSSUrdquo)
-
-
-
-
-
-
-
-
-
-
-
-
-
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
(ldquoMoIrdquo)
-
-
-
-
-
-
-
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
-
-
- such as lsquoOmegarsquo lsquoJaguarrsquo lsquoBarsrsquo lsquoGepardrsquo and
lsquoTygrrsquo
The ldquoAlphardquo uni
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
-
-
-
-
-Volodymyrska Street as a result of lsquotitushkyrsquo actions
-
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
-
-
-
-
-
-
-
-
-
-
In late October 2014 case file No 42014100000000180 was transferred from the Kyiv City Prosecutorrsquos
-
-
-
ndash
-
-
-
ndash
ndash
