MONITORING REVIEW OF HUMAN RIGHTS VIOLATION IN … · ed by the principles of objectivity, honesty...

MONITORING REVIEW OF HUMAN RIGHTS VIOLATION IN DETENTION FACILITIES IN CERTAIN PARTS OF DONETSK AND LUGANSK REGIONS

EAST UKRAINIAN HUMAN RIGHTS GROUP

MONITORING REVIEW OF HUMAN RIGHTS VIOLATION IN DETENTION FACILITIES

IN CERTAIN PARTS OF DONETSK AND LUGANSK REGIONS

September-2016

This monitoring review was prepared by the East Ukrainian Human Rights Group on the basis of materials collected in June-September 2016

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Introduction .............................................................................................. 1

Main tasks ................................................................................................ 2

Methodology ............................................................................................. 3

Brief description ....................................................................................... 4

Forced labor. Slavery ................................................................................ 6

The case of Alexander Efreshin ............................................................... 7

Beatings and torture ................................................................................ 8

Recommendations ................................................................................... 9

Recommendations to the Government of Ukraine ................................ 9

Recommendations to the authorities of LPR ....................................... 10

Recommendations to the international community ........................... 11

About the authors .................................................................................. 14

TABLE OF CONTENTS

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The East Ukrainian Human Rights Group (EUHRG) is a union of hu-man rights defenders from Eastern Ukraine. Its goal is a comprehensive protection of human rights in Eastern Ukraine, the creation of mecha-nisms to protect human rights in certain parts of Donetsk and Lugansk regions (CPDLR, Ukr. ORDLO), drawing close attention to human rights and international humanitarian law issues on the territory of Eastern Ukraine, including the uncontrolled territories of Lugansk and Donetsk regions (CPDLR).

In its activities, the EUHRG is guided primarily by the norms of the basic documents in the fi eld of human rights, namely the Universal Dec-laration of Human Rights, the Helsinki Final Act, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Interna-tional Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural rights etc.

Main tasks of the EUHRG :

1) Comprehensive protection of human rights in Eastern Ukraine, in-cluding the uncontrolled territories of Lugansk and Donetsk regions.

2) Collection and analysis of data on the situation with respect to hu-man rights in Eastern Ukraine, including the uncontrolled territories of Lugansk and Donetsk regions..

3) Comprehensive informing of authorities, international organizations, intergovernmental structures, non-governmental organizations, mass media and other target groups by publishing and distributing the information materials on the situation with the human rights in Eastern Ukraine, including the uncontrolled territories of Lugansk and Donetsk regions.

4) Promotion of the human rights protection and the observance of international law in Eastern Ukraine, including the uncontrolled ter-ritories of Lugansk and Donetsk regions.When preparing and distributing the information, the EUHRG is guid-

ed by the principles of objectivity, honesty and truthfulness.

INTRODUCTION

No. of Correc-

tional institution

Type of peni-tentiary

Regime of detention

Address Number of people

Name of production

11 Correctional Facility

Strict regime Lugansk region, Bryanka,

470 There are working joiner’s work-shop, woodshop, works,

they create park benches, childhouses and grounds, souvenirproducts (chess, icons etc.).


General Lugansk region, Alchevsk,

Matrosova, 23

215 Souvenir production,carpentry, gazebos and furniture from wood, benches park, chil-

dren’s houses and playgrounds.


Strict regime

Lugansk region, Perevalsk,Teveleva, 1

500 Disposable bags, garbage bagspackages, souvenir products,

arch fastening, staplesM16, M24. There is a forge.

17 Detention Unit

Lugansk, 23-Line, 4 1470 There is no production.


Reinforced Luganskregion,

Vakhrushevo-2Krasnoluchanskydistrict, Mira, 20

780 Souvenir products, cinder block,sidewalk tile, woody coal, wooden

summerhouses, coffi ns, prickly wire.

Prisoners are attracted to work on illegal mines and repair premises.


DESTROYED IN RESULT OF MILITARY ACTION


REFORMED. USED AS A BASE FOR NAF «LNR»


General Luganskregion, PetrovskoeKrasnoluchenskiy

district, Michurina, 30

130 Fences, tiles, knives, sabers,construction materials,

souvenir production.


Strict regime

Luganskregion, Sukhodolsk

Krasnodonskydistrict,

Karpinskogo, 46

600 Production of cereals and fl our of the fi rst and highest grade,

arch fastening, staples М16, М24, the interframe coupler, souvenir

production.


Reinforced LuganskRegion, p. Lenins-

koye,

550 Joinery workshop, interior doors, smithy, souvenir production.


Special LuganskRegion, Slavianos-

erbskyi district, Tsoupova

320 Souvenir production, mesh «rabitsa», prickly

wire


LuganskRegion, Chervo-

nopartizanskSverdlovo district

Profsouznaya,16

DESTROYED IN RESULT OF MILITARY ACTION

Women’s Correctional

Facility

NO INFORMATION

Zheleznyaka street, 6

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Since the beginning of ATO (Antiterrorist Op-eration), the National Offender Management Ser-vice (NOMS) and the law enforcement agencies of Ukraine have not evacuated from the uncontrolled territories of Lugansk and Donetsk regions the citi-zens of Ukraine who are serving sentences in the form of imprisonment sentenced by Ukraine before 2014. Today, according to rough estimates, it is more than 5000 people.

At the moment, in the detention facilities of the so called LPR gross violations of human rights and fundamental freedoms guaranteed by the Eu-ropean Convention on Human Rights are taking place. Namely, such articles of the Convention are violated:

Art. 2 of the Convention: “The Right to Live.”Art. 3 of the Convention: “Prohibition of Torture.”Art. 4 of the Convention “Prohibition of Slavery and

Forced Labor.”Art. 5 of the Convention “The Right to Liberty and

Personal Security.”Art. 6 of the Convention on “The Right to a Fair Tri-

al.”Art. 7 of the Convention “Punishment Solely on the

Basis of Law.”Art. 9 of the Convention “Freedom of Thought, Con-

science and Religion.”Art. 10 of the Convention “Freedom of Expression.”Art. 13 of the Convention “The Right to an Effective

Remedy.”Art. 14 of the Convention “Prohibition of Discrimi-

nation.”

This report is based on the studies of the EUHRG, which includes the remote investigation and interviews conducted in-person with the relatives of the prisoners serving sentences in Lugansk and Do-netsk regions (the territories that are not controlled by the Ukrainian state). The interviews were also conducted with the prisoners that serve sentences in the CPDLR, by phone or Skype. Members of the EUHRG conducted 74 interviews with the prisoners, their relatives, witnesses of crimes in the detention facilities. All interviews with the prisoners were con-ducted during their stay in the detention facilities. All interviews were conducted individually. The purpose

of the interview was explained to each interlocutor. No fi nancial incentives were offered to the interview participants. Most of our interlocutors preferred to remain anonymous, fearing negative consequences for themselves or their families. This report is de-voted solely to the violation of the rights of the pris-oners who are serving sentences in the prisons of the CPDLR. During the work, the members of the EUHRG met with the representative of the Ombuds-man for Human Rights, the head of the Verkhovna Rada Parliamentary Committee on Family Matters, Youth Policy, Sports and Tourism, as well as the rep-resentatives of international organizations.

METHODOLOG

BRIEF DESCRIPTION

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All correctional colonies (hereinafter CCs) on the territory of the so called LPR have industrial zones (Table 1), where various products are pro-duced. Prisoners are engaged to work in these in-dustrial zones, serving their term of imprisonment in these CCs. It is impossible for a prisoner to refuse to work; if a prisoner refuses to work, three stages of punishment are applied to him:

1. 15 days of isolated cell.2. Abolition of visits and receiving of parcels

from relatives.3. Beating and torture.If the prisoners try to collectively express a pro-

test, aiming to protect their rights, the administra-tion calls a special unit of the Ministry of Internal Affairs of the Main Directorate of Corrections of LPR

The Department for the Execution of Punish-ment of the Ministry of Internal Affairs of the so called LPR incurred the execution of the punish-ment of Ukrainian citizens on the sentences passed by Ukraine before 2014. At the same time, LPR does not recognize the decisions of the Ukrainian courts made before and after 2014 on parole, the application of the laws of Ukraine “On Amnes-ty,” according to which the citizens of Ukraine should be already re-leased (“Savchenko’s Law”, art. 72 of Crimi-nal Code of Ukraine). Nevertheless, they continue serving sen-tences, in fact being illegally deprived of their liberty.

Prisoners serving sentences in the correctional colonies (CC) of LPR are forcibly recruited to work in the industrial zones of the CCs. It is impossible to refuse to work, as it can lead to beating and tor-ture of the prisoners. In fact, on the territory of the so called LPR, forced labor of the prisoners is prac-ticed, the goal of which is enriching the leaders of the so called LPR and the employees of the Peniten-tiary Department of the Ministry of Internal Affairs of the so called LPR.

The conditions for detainees are in a critical situation. Medical assistance is not provided in many cases, food ration of the prisoners is dete-riorating day by day, humanitarian assistance from the people and international organizations does not arrive.

By the Decree of the President of Ukraine № 875/2014 of 14/11/2014, the Ministry of Justice was instructed to ur-gently take measures to ensure the tran-sition of the bodies and institutions of the State Penitentiary Service of Ukraine, convicts and individu-

als taken into custody from separate territories in the area of the antiterrorist operation in Donetsk and Lugansk Regions to other regions of Ukraine, however, to date, the decree has not been imple-mented in this part.

Conditions for detainees are in a critical situ-ation. Medical assistance is not provided in many cases, the ration of food of prisoners is deterio-rating day by day, humanitarian assistance from people and international organizations does not arrive.

FORCED LABOR. SLAVERY

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to collectively beat the dissatisfi ed prisoners and sup-press the protest moods in the CC. The prisoners working in the manufacturing facilities in the CC do it for free (Photo 1). In some CCs, the administration encourages the prisoners to work, paying them fi ve cigarettes a day. Many prisoners work to obtain the permission of the long-term visits with their rela-tives from the administration.

The profi t received from production in the CC is not di-rected at improving the conditions of prisoners’ detention, but is distributed among the leaders of the so called LPR.

Over 2012, the products produced in the industrial zones of NOMS amounted to 34 million UAH. Since Novem-ber 2014, only one investigatory isolator in Starobelsk re-mained under the control of Ukraine in Lugansk region, and the remaining CCs are under the control of the authorities of the so called LPR. That is, almost all industrial zones are in a working condition, except for CC # 22, 23, 68 (Table 1). Members of the EUHRG held the consultations with the for-mer NOMS employees, imprisoned in the CCs of LPR (via the phone), with independent experts, and found out that the profi t from the sale of manufactured goods and the provision of production services ranges from three hundred to fi ve hun-dred thousand USD a month.

The profi t received from the pro-duction and provision of services of a production nature is the main problem for the return of Ukrainian citizens to the territory controlled by the Ukrainian government for fur-ther serving of punishment or early release (amnesty, “Savchenko’s law,” etc.) by the authorities of the so called LPR.

In fact, in the 21st century slave labor is fl ourishing on the terri-tory of Lugansk region controlled by the so called LPR authorities. About fi ve thousand people work every day with no wages to save their own lives and health, obtain visits from their relatives and not die of hunger. All this happens with the goal of en-riching a certain group of people in the so called LPR.

Foto 1

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Alexander Yefreshin was taken into custody on 11 March 2011 and was held in the remand center for 2.5 years until he was sentenced.

The defendant Alexander Efreshin was con-victed on November 26, 2013, by the verdict of the Kamennobrodsky District Court of Lugansk under art. 289 (part 3), art. 194 (Part 2), art. 185 (Part 3), art. 15 (Part 3), art. 289 (part 2), art. 185 (Part 3), fi nally determining the punishment – serving eight (eight) years 6 (months) of imprisonment with the confi scation of ½ part of the property.

To serve his sentence, the convicted Efreshin was sent to penal colony № 19.

The defi nition of Troitsky District Court of Lu-gansk region dated 20/04/2015, considered A. Efreshin’s petition for the application of the Law of Ukraine “On Amnesty” in 2014, and he was re-leased from serving his sentence. This defi nition came into force from the moment of its adoption, that is, from April 20, 2015.

This court decision is ignored in the place of his serving the sentence, explained by the fact that on the territory of LPR the decisions and rulings of the courts of Ukraine are not valid.

At the moment, in the actions of the staff of the penitentiary institution of Correctional Colony № 19 there are elements of a crime foreseen by the Ar-ticle 382 of the Criminal Code of Ukraine - Failure to comply with the court’s decision; Deliberate fail-ure by an offi cial of a verdict, decision, ruling, court order that entered into legal force, or obstructing their execution.

According to Art. 55 of the Constitution, all the rights and freedoms of man and citizen are protect-

ed by the court. In this regard, the provision of Art. 124 of the Constitution of Ukraine that the jurisdic-tion of courts extends to all legal relations arising in the state and society has a crucial signifi cance. This means that all public relations, regulated by the rules of law, in the event of a dispute, may be subject to judicial review.

The adoption of judicial decisions by the name of the state is determined by their importance as generally binding decisions of the judicial authority body and raises their authority as an act of state power. Judicial decisions that have entered into force are obligatory for all government bodies, lo-cal governments, enterprises, organizations, insti-tutions, offi cials, individuals and their associations, without exception, and are subject to execution throughout the territory of Ukraine. Taking into ac-count the special importance of judicial decisions as acts of justice, legislation establishes criminal, property and administrative liability for non-enforce-ment of court decisions.

Because of the illegal actions of the leaders of the so called LPR, and the workers of the peniten-tiary system of the so called LPR, the inalienable rights of every person and citizen, confi rmed by constitutional rights, international conventions and declarations, are violated.

At the moment, Alexander Yefreshin has been illegally detained by the employees of the peniten-tiary system of the so called LPR for two years, de-spite the fact that he was convicted by the court of Ukraine and serving his sentence under the laws of Ukraine. In addition, Alexander has to work every day in industrial CC zones (Photo 1). If he refuses to work, his life and health will be threatened.

THE CASE OF ALEXANDER EFRESHIN

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• Prisoner named Andrei (real name is not dis-closed), serving his sentence in one of the prison colonies of the so called LPR, said, “In order for us to always be in ‘good shape’ and not think about escape and riots, ‘masky-show’ (slang term for masked policemen, here meaning a special unit of police forces within LPR) visit us. The camp com-mander has compiled a list of the worst of-fenders against the regime, we are gath-ered into separate cells, several people in each, then the masked men come in and begin to beat us, aiming, as a rule, at limbs and kidneys. They are tasked with beating us to such a degree only that we can always return to work. However, some-times ‘masks’ beat us almost to death. This winter in prison № 17 a guy died after the visit from ‘masks’, because after the beatings he was not giv-en medical help.”

• Prisoner Sergei (real name is not disclosed) spent three days in a punishment cell for refusing to work. Throughout the three days Sergei was not brought even water. Sergei could not stand the tor-ment and resumed work.

• Prisoner Denis (real name is not disclosed) told us how he was thrown out into the yard of the local zone of the prison for his systematic refusals to work. He remained there until all the prisoners returned from work. To sit or lie in the local zone is prohibited, one is only allowed to stand, and one has to do that for 8 to 10 hours. If a prisoner lies

down or sits down, the warders immediately run up to him and start beating him up. In summer it is very hot in the local zone, in winter it is very cold. According to Denis, “it is impossible to with-stand such tests. You have to start working again, otherwise you die.”

• Prisoner Alex-ander (real name is not disclosed) related that all persons out of

favour with prison administrations are taken to the pre-trial detention center № 17 in Lugansk. There they stay for more than one month, during which time they are beaten and variously tortured. If the prisoner changes his mind after a month in prison and agrees not to confront the administration of the colony, he is sent back to the camp; if not, his stay in the detention center is extended for one more month.

BEATINGS AND TORTURE

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The EUHRG calls on the de-facto authorities of the self-proclaimed LPR:

• to immediately take measures to ensure that no prisoner is subjected to torture or other ill-treatment,• to ensure the transfer of those prisoners who are serving sentences in places of confi nement on the

territory controlled by de facto authorities of LPR and who were convicted under the laws of Ukraine before the beginning of military operations in 2014 to the territory controlled by the government of Ukraine, with a view to further serving their sentences in accordance with laws of Ukraine,

• to provide international organizations (the UN, OSCE, IRC) with access to places of confi nement on the territory controlled by de facto authorities of LPR,

• to promptly, impartially and thoroughly investigate all prisoners’ statements about beatings, torture and detention in complete isolation in places of confi nement on the territory controlled by de facto authorities of LPR,

• to remove from duty all persons suspected or accused of committing crimes against prisoners in places of confi nement on the territory controlled by de facto authorities of LPR.

RECOMMENDATIONS TO THE GOVERNMENT OF UKRAINE

EUHRG calls on the Government of Ukraine:

• to immediately take steps to transfer prisoners sentenced before the 2014 military actions from the places of imprisonment of the so called LPR to the territory controlled by the government of Ukraine. To implement in full the Decree of the President of Ukraine № 875/2014 dated 14.11.2014,

• to investigate and record all statements given by relatives about the facts of beating and torture in places of confi nement of the so called LPR,

• to create a register of prisoners serving sentences in places of confi nement of the so called LPR who were sentenced before the military operations of 2014.

RECOMMENDATIONS TO DE FACTO TO AUTHORITIES OF THE SELF-PROCLAIMED LPR

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EUHRG calls on international partners of Ukraine:• to carry out independent monitoring in places of confi nement on the territory controlled by de facto

authorities of LPR,• To monitor and report on human rights violations in places of confi nement controlled by de facto au-

thorities of LPR,• to inform the Ukrainian side about the results of such monitoring at every opportunity and discuss the

relevant issues.• EUHRG calls on the authorities of the Russian Federation to use every opportunity to infl uence de

facto authorities of LPR with a view to achieving immediate cessation of slave labor in places of confi nement controlled by de facto authorities of LPR, cessation of beatings and torture and other ill-treatment of prisoners.

TO THE INTERNATIONAL COMMUNITY

Pavel Lisyansky, director of East Ukrainian Hu-man Rights Group, an authorized representative of 103 families whose relatives are serving sen-tences in places of confi nement of the so called LPR.

Julia Zhuchenko, coordinator of the monitoring line of East Ukrainian Human Rights Group.

Sergey Pashchukov, deputy director of East Ukrainian Human Rights Group.

ABOUT THE AUTHORSTHE REPORT WAS PREPARED BY:

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