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UN Special Rapporteur On Torture Issues Sharply Critical Report On Ukraine

Introduction by New Cold War, September 21, 2015

Enclosed is the full report dated September 18, 2015 of Christof Heyns, who is the United Nations’ Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. His report is titled Ukraine: Lives lost in an accountability vacuum.

Christof Heyns, Special UN Rapporteur on Extrajudicial, Summary or Arbitrary Executions

Christof Heyns, Special UN Rapporteur on Extrajudicial, Summary or Arbitrary Executions

Heyns conducted an official visit to Ukraine from September 8 to 18, 2015. He is a professor of human rights law in Pretoria, South Africa. In contrast to the most recent report of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU), released in early September, Heynes’ report provides the outline of a comprehensive overview of the human rights situation in Ukraine. The result is a rather damning portrait of the governing regime in Kyiv.

The HRMMU report earlier this month is a litany of ‘he said, she said’ anecdotal testimonials strung together in such a way as to leave the reader with the impression that human rights crimes are being perpetrated equally by both sides in the civil war in Ukraine. While Heyns borrows some of the same language, a reading of his report clearly shows that it is the Kyiv regime alone which is guilty of systematic and widespread human rights violations. The accusations cited by Heyns against the rebel regions of Donetsk and Lugansk may or may not be true, but they pale in numbers and scope compared to what Heyns documents on the Kyiv side.

Heyns says that the official investigations by Kyiv into the two large massacres which took place in Ukraine in 2014 are seriously failing. These are the investigations into the Sniper Massacres of Feb 18-20 at Maidan Square in Kyiv, which killed more than 100 police and protesters, and the arson attack in Odessa on May 2 in which at least 48 people perished.

Concerning the Snipers Massacre, there is no mention by Heyns of the video and other evidence being compiled and released by University of Ottawa researcher Ivan Katchanovski and others showing that sniper fire at Maidan Square was directed by extreme-right forces masquerading as part of the Maidan protest itself. But he does make a one-word reference acknowledging doubts about the official government line on events–that the Berkut police of the government overthrown several days later were responsible. That official line has been repeated near universally by Western governments and mainstream media. Heyns writes in his report, “I am concerned that more than 100 people were killed as a result of the firing, allegedly by Berkut and other law enforcement officers of live ammunition at participants. In addition, thirteen police officers were also reportedly killed.” The operative word here is “allegedly”.

Officials in the people’s republics of Donetsk and Lugansk did not meet with Heyns during his official visit. This is no doubt due to the biased record of the Office of the UN High Commissioner for Human Rights with which his office is associated. Concerning the Ukrainian side, Heyns concludes, “Many officials whom I met—particularly in the SBU [Security Service of Ukraine]—simply denied that there was any wrongdoing and pointed to the fact that there are laws in place that meet international standards. There is little hope for progress where this is the approach.”


Ukraine: Lives lost in an accountability vacuum

End of visit statement of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns
Kyiv, Ukraine, 18 September 2015
  1. Introduction
  1. I have conducted an official country visit to Ukraine from 8-18 September 2015. I would like to thank the Government for extending the invitation to me to visit the country, as well as for the open and cooperative approach of the officials I met. I would also like to thank the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU) for the invaluable support received in the preparations and conduct of my visit.
  2. The aim of the visit was to examine the level of protection of the right to life in Ukraine, as well as the efforts undertaken to prevent unlawful killings and ensure accountability justice and redress in such cases.
  3. During my visit, I had the opportunity to hold meetings here in Kyiv, as well as to travel to Zaporizhzhia, Mariupol, Donetsk, Kramatorsk, Kharkiv and Odessa.
  4. During the past two weeks I have held meetings with the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Defence, the Ministry of Internal Affairs, the Office of the Military Prosecutor, the Security Service of Ukraine, the Headquarters of the Anti-Terrorism Operation, the National Security and Defence Council, the High Specialised Court on Civil and Criminal Cases, the Parliamentary Committee on Human Rights, and the Parliamentary Commissioner for Human Rights (Ombudsperson) including her National Preventive Mechanism (NPM). I met with regional administrations, and some regional departments or specialized units of relevant Ministries. I also met with the OSCE Special Monitoring Mission to Ukraine, the General Consulate of the Russian Federation in Odessa, and with other international and national monitors or non-governmental organisations, civil society, and families of victims.
  5. I also had the opportunity to cross the so-called “contact line” and travel to Donetsk, where I met with representatives of various monitoring missions, with representatives of the ‘Office of the commissioner for human rights’ (‘ombudsperson’) of the self-proclaimed ‘Donetsk people’s republic’ and with representatives of the ‘bar association’. I regret that, despite significant efforts on the part of the HRMMU to arrange meetings, no other officials of the self-proclaimed ‘Donetsk people’s republic’ would meet with me. I share HRMMU’s concern for the lack of accountability for the “grave human rights violations and abuses” that have reportedly taken place there since the beginning of the conflict, as I observed no progress in this regard during my stay. I was also able to visit some of the outskirts of the city of Donetsk, including the area surrounding the airport, and to see with my own eyes some of the extensive damage that has been caused, particularly to civilian infrastructure and domiciles, by heavy shelling.
  6. The armed violence that has been taking place in the eastern Donbas region of Ukraine since April of last year has taken a heavy toll on civilians and caused significant internal displacement. Like all other international observers I naturally welcome the renewed ceasefire commitment announced in late August and the fact that this has largely been observed since 1 September.
  7. I regret that I was unable to visit the Autonomous Republic of Crimea. I am aware of several allegations of serious violations of human rights in that territory, and I want to reiterate that in order to ensure the greater protection of all human rights, including the right to life, this area should be made accessible to international missions such as HRMMU. When I met with the consulate of the Russian Federation in Odessa I took the opportunity to underscore the need for such visits to take place.
  8. A detailed report on my findings and recommendations will be presented at the 32nd session of the United Nations Human Rights Council next year. The observations and recommendations presented today are preliminary and will be examined and developed further in the future report.
  1. Legal Framework
  1. The right to life is protected in Article 27 of the Constitution of Ukraine. Ukraine is a state party both to the International Covenant on Civil and Political Rights (ICCPR) and to the European Convention on Human Rights and Fundamental Freedoms (ECHR) which (in Articles 6 and 2 respectively) both protect the inalienable right to life. The ultimate responsibility for the protection of right to life in any country lies with its Government.
  2. Ukraine has many of the building blocks in place to secure the protection of human rights, including the right to life. At the same time the country is facing significant challenges: challenges which if not met in a comprehensive and incisive way threatens to place this goal out of reach.
  3. To a large extent the normative framework has been established: the laws are there, the treaties ratified. The problem lies with establishing a systematic and effective system and a culture of accountability for violations of those norms.
  4. In response to the violence in the East, the Government launched what it refers to as an “anti-terrorist operation” aimed at retaking control of the two regions. However, regardless of classification as anti-terrorism operation, the objective criteria of an armed conflict exist. Indeed, many of those officials I have spoken to have referred to the existence of a “war” in the eastern regions, and nobody in the Government disputes the fact that there is an armed conflict.  There seem to be general consensus that both international humanitarian law and human rights law applies.
  5. Nonetheless, the framing of the conflict as an anti-terrorism operation has led to considerable confusion, both among observers and monitors and in some cases it seems among the participants themselves, about who within the Government is in control of this war? This may lead to uncertainty about responsibility.
  6. In addition, in June 2015 the Government of Ukraine informed the relevant institutions that it would derogate from certain State obligations under the ICCPR and the ECHR. The derogation is envisaged with respect to the right to liberty and security, fair trial, effective remedy, respect for private and family life and freedom of movement, and should be applied in certain districts of the Donetsk and Luhansk regions. The derogation thus includes certain rights (including effective remedy and procedural rights such as the supervision by judicial bodies of the lawfulness of detention) that the UN Human Rights Committee has interpreted as non-derogable. With respect to my mandate, I am particularly concerned that these elements of the derogation may create an environment in places of detention that may facilitate incommunicado or secret detention, torture, ill-treatment, executions and disappearances.
  7. I note that among the package of measures agreed in the Minsk Agreements is a proposal that there be a general amnesty by way of legislation forbidding prosecution or punishment of persons in relation to events that have taken place in the eastern Donbas region. While supportive of measures aimed at de-escalating tensions, I am concerned that such legislation could amount to fostering impunity for grave violations of human rights by all parties.  Any amnesty devised should be interpreted in such a way as not to include immunity for at least international crimes, such as war crimes and crimes against humanity.
  8. Ukraine has committed to accepting the jurisdiction of the International Criminal Court, and signed the Rome Statute in 2000, but a technical constitutional impediment has delayed ratification. I understand that this impediment will be overcome in the proposed reform of the constitution, but in the meantime I welcome the fact that on 8 September the Government sent a declaration to the ICC Office of the Prosecutor under Article 12(3) of the Rome Statute, giving to the Court ad hoc jurisdiction “for the purpose of identifying, prosecuting and judging the perpetrators and accomplices of acts committed in the territory of Ukraine since 20 February 2014.” The Prosecutor of the ICC has confirmed that she will open a “preliminary examination” in order to establish whether the criteria for opening an investigation are met.

III.       Securing the right to life in wider Ukraine

  1. In the context of assemblies
  1. A State’s conduct with respect to assemblies should flow from its responsibility to facilitate and to enable peaceful assemblies. It should be underlined that the right to life continues to apply during any assembly (whether peaceful or not) and that therefore there is no such thing as an unprotected assembly. There was agreement among those officials with whom I met that the principal role for the police within the context of assemblies was that of protecting citizens. In this connection it was pointed out that only in rare circumstances would police be sent carrying firearms to manage an assembly.
  2. I want briefly to elaborate on two examples where it appears that the State failed in its responsibilities with respect to large-scale assemblies, both emblematic cases within the current situation in Ukraine:

(i)           Maidan Protest

  1. With respect to the use of force against protesters in the Maidan protest, most significantly between 18-20 February 2014, I am concerned that more than 100 people were killed as a result of the firing, allegedly by Berkut and other law enforcement officers of live ammunition at participants. In addition, thirteen police officers were also reportedly killed.  As with any use of lethal force by police officers it is vital that there be a prompt, thorough, and impartial investigation into the events to establish that the use of force was both necessary and proportionate.
  2. In this connection, I am greatly concerned by the apparent shortcomings of the investigation into these events. While what process there is seems to be progressing very slowly, having reached court-level proceedings now in a very limited number of cases, there are more systemic failings.  The escape of a principal suspect from house arrest, as well as the loss of a great deal of vital physical evidence are both issues that should themselves be independently investigated.

(ii)          Events of 2 May in Odessa

  1. I have also had the opportunity to hear more about the events of 2 May 2014 in Odessa, where at least 48 people died as a result of clashes between rallies of opposing political opinion to which authorities appear to have reacted in an either deliberate, ill-prepared or negligent fashion. According to the accounts I received from people who were on the scene, the police held a low profile as the crisis was evolving and did not intervene to prevent or stop the violence at the Kulykove Pole square. The fire brigade, which is located very close to the Trade Unions building where many protestors burned to death, failed to respond for 45 minutes to urgent calls that they received. While both pro-unity and pro-federalism groups played a part in the escalation of violence on that day, the subsequent criminal prosecutions for hooliganism or public disorder appear to have been initiated against participants in a partial fashion.
  2. I am concerned by allegations of numerous failings in the official investigation into the events of that day. By allowing almost immediate access of the scene to ‘pro-unity’ protesters, members of the public or to municipal authorities, investigators lost a large proportion of potentially valuable forensic evidence. Meanwhile I am worried by indications that the Government has significantly reduced the size of the team investigating these events in the past year, before it has had an opportunity to report. The slow progress of the investigation and the lack of transparency with which it is being conducted have contributed to a great deal of public dissatisfaction and provided a fertile environment for rumour and misinformation. It is disconcerting that the Special Unit of the Ministry of Internal Affairs that investigates the 2 May events cancelled our appointment in Odessa at short notice, without any explanation.
  3. I am further concerned that administrative and personal impediments seem to have been imposed to prevent or at least discourage the families of those who died from obtaining the status of suffering or affected persons before the Courts. Meanwhile I am greatly alarmed by reports of the extent to which authorities are tolerating both verbal and physical intimidation both of families attending court proceedings and of the judges of those cases, not only outside the court building, but also inside it and in the court room itself.
  4. I welcome the support that the International Advisory Panel on Ukraine, established by the Secretary General of the Council of Europe, is providing to the Government in order to ensure that the investigations into both incidents are in line with the European Convention on Human Rights.
  1. In the context of detention
  1. Though issues concerning the treatment of detainees falls more squarely within the mandate of my colleague the Special Rapporteur on torture and cruel, inhuman or degrading treatment, violence or other threats to life within detention facilities can lead directly to deaths for which the State has a heightened responsibility.  For this reason, wherever possible, I try also to visit places of detention on my country visits, so as to assess these threats firsthand.
  2. It seems that the Office of the Ombudsperson and the NPM created within it are relatively free to exercise their responsibilities to conduct unannounced visits both to pre-trial detention facilities (SIZO) and to penal colonies, and that this access provides an effective system of protection for the rights of those detained. Among the principle threats to life for detained persons in Ukraine are diseases such as TB and HIV. In the Donetsk region, for example, the rate of TB is allegedly 10 times higher in the prison population than in the general population. I welcome the partnership between the Penitentiary Service and the international NGO Médecins Sans Frontièrs which is aimed at providing specialised care to those detainees with TB.
  3. Detainees with whom I spoke had few complaints about conditions in the pre-trial detention facilities. However several made allegations of ill-treatment at earlier stages of their detention. There is a systematic pattern of complaints about ill-treatment at the hands of agents they identified to be members of the SBU, whom one interlocutor described as ‘untouchable’. I found it very difficult to establish from any officials the locations in which it is possible such abuses may have taken place, whether police temporary detention facilities (IVSs) or other sites. I could find no evidence of asystem of oversight that could effectively investigate any abuses that might (even infrequently) occur or protect detainees against them.
  1. Violence by armed militia groups
  1. While the majority of the “volunteer battalions” have from a military perspective now been incorporated into the formal structures of the Ukrainian Armed Forces, there remain a small number of potentially violent militia groups, such as the Right Sector, that act seemingly on their own authority, thanks to a high level of official tolerance, and with complete impunity.
  2. I am concerned by cases of bodily attacks on journalists or writers, including the cases of Oles Buzyna (who was killed in April 2015 in Kyiv) and that of Sergii Dolgov (who was arrested or disappeared in July 2014 in Mariupol by Azov Battalion).
  3. Some I met with expressed concerns that the lack of official mechanisms for combatants to be demobilised after fighting in the East may be contributing to this violent potential in wider Ukraine.
  4. Of particular concern is the extent to which these groups use violence or, more commonly, threats of violence, to exert pressure on persons holding dissenting views, the judicial system and on other mechanisms of accountability.

D            Accountability for violations

  1. In many of the meetings I held with officials during my visit I tried to explore the mechanisms of accountability that exist in current or proposed legislation and how they should function. As noted above, I leave with the impression that in many instances the formal processes exist or will shortly exist, however I am concerned that—with the exception of the Office of the Ombudsperson and its NPM—these mechanisms are not being effectively used.  Indeed, even the NPM, which appears to be achieving its objective as a preventive mechanism, cannot fully act as an accountability mechanism since it only make recommendations to the Office of the Prosecutor, which is not compelled to take up cases.
  2. Several practising lawyers with whom I met identified the reluctance of the Office of the Prosecutor, combined with the close relationship between the Prosecutor and the judicial authorities, as the principal impediment to pursuing allegations of ill-treatment on behalf of their clients.
  1. The right to life in eastern Donbas
  2. General observations on the conduct of hostilities
  1. As noted above, I welcome the fact that it seems that there have only been very limited violations of the ceasefire on either side of the “contact line” since 31 August.  I hope that this ceasefire continues to hold and that it provides a space for more thorough-going de-escalation of the conflict.
  2. Over the past 18 months, however, the conflict has exacted a heavy human price. Last week the HRMMU released their latest report on the human rights situation in Ukraine, estimating that a total of nearly 8,000 have now been killed and more than 17,000 injured in the course of hostilities.
  3. The majority of these deaths have been caused by shelling, which it would appear on both sides has been taken place indiscriminately or with inadequate precautionary steps taken to protect civilians.
  4. I am also concerned by allegations that the conflict is being waged in part using inherently indiscriminate weapons such as cluster munitions and landmines, including anti-personnel mines. Ukraine is party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, which establishes an absolute prohibition to use anti-personnel mines “under any circumstances”. I also note with concern that Ukraine failed to fulfil its commitment to destruct all its stockpiled anti-personnel mines before 1 June 2010. According to its official reports, Ukraine still retains over 5 million anti-personnel mines.
  5. I am also concerned by the threat that unexploded ordnance (UXO) and other explosive remnants of war pose against civilian lives, particularly children. The HRMMU has already verified numerous civilian casualties as a result of UXO left in the battleground both in Government-controlled areas and in territories controlled by the armed groups. I would like to remind the Government of its obligations under the fifth Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, on Explosive Remnants of War. According to the Protocol, which Ukraine ratified in 2005, state parties have to mark and clear, remove or destroy, as soon as feasible, all explosive remnant of war in territories under their control. In case explosive ordnance used by Ukraine remains in territory outside of its control, the Government has the obligation to provide assistance and information to facilitate the marking, clearance removal or destruction of the ordnance by a third party. Throughout the hostilities, Ukrainian armed forces have the obligation to record and retain information on the use of explosive ordnance, in order to facilitate its clearance without delay after the cessation of hostilities.
  6. More generally I am worried by the extent to which reporting on the conflict is being instrumentalised by all parties using mechanisms which ought to be exercising an accountability function with respect to their own forces. Instead of responding to, investigating, or prosecuting cases of indiscriminate shelling by their own military forces, each side are dedicating their time to documenting in laudable detail the violations of the other side with a view to continuing their confrontation in the national or international courtroom.
  1. In areas controlled by the Government of Ukraine

(i)           Indiscriminate shelling

  1. I am concerned that forces on the Government side are using weapons in the course of hostilities that are either inherently insufficiently precise  to justify within the context of a highly urban and civilian-populated conflict zone, or that weapons with a known level of precision are being used outside or without regard to proper Standard Operating Procedures to guide targeting.
  2. Moreover I have not been convinced during my engagement with the relevant authorities that there is a proper investigation conducted when allegations of civilian casualties are brought to their attention. The answer that I got from some of the military authorities to the question when an investigation into allegations of excessive civilian casualties would be triggered, was that such a situation will never arise, because there was an order by the Minister of Defence that this should not happen. Such a denial that a problem could exist makes a solution veryvery difficult to achieve.
  3. While I understand the difficulties of conducting investigations in territory outside the control of the Government’s armed forces, such difficulties should not be understood, as suggested in many of the meetings I had, as a reason to reject any possibility to verify civilian casualties caused by shelling or to assess alleged violations of international humanitarian law. The conflict is currently being closely monitored by several international organizations, which publicly report the occurrence of civilian casualties on both sides of the “contact line”. Combined with Ukraine’s military records on the use of artillery, and the possibility to contact families of casualties, morgues, hospitals or other sources for verification, it would be possible for the Government to assess the damage caused by its use of artillery.
  4. Damage assessments conducted this way may not always amount to evidence solid enough to allow accountability for possible violations of international humanitarian law. However, credible estimations of civilian casualties would enable the armed forces to evaluate and strengthen precautionary measures taken to mitigate the impact of shelling among civilians.

(ii)          Detention

  1. I have received several allegations of secret detention, in which individuals claim to have been detained for varying periods of time before being formally introduced to the penitentiary service. In some cases this initial detention takes place at the hands of officials thought to be of the SBU, in other cases such individuals have been apprehended by members of former volunteer battalions.
  2. One facility that is mentioned frequently in this regard is the military base at Mariupol airport.  During my visit to Mariupol I attempted to conduct a pre-announced visit to this base, however I regret that, despite the advance notice, I was denied access to the facility. Other such detention facilities reportedly include the former detention facility (SIZO) of the SBU in Karkhiv, and the SBU office in Kramatorsk.
  3. The existence of unacknowledged, secret detention facilities almost completely undermines the effective work being conducted by the National Preventive Mechanism and the Office of the Ombudsperson.  It is disappointing that judges and prosecutors, who are in many cases presented with quite clear prima facie cases of ill-treatment at the point that the detainee is presented formally to be remanded, do not respond more robustly to uphold the detainee’s rights. The impunity that exists for acts of violence in such conditions poses a clear and direct threat to the right to life.

(iii)        Alleged summary killings

  1. I am concerned by reports of bodies discovered near Makiivka, in the Donetsk Region in September last year.  While several of these bodies appear to be members of the armed groups who died in combat, some are reported to bear signs of having been executed after being detained by Government forces.

(iv)         Integration of armed militias in command and control

  1. At the time of the start of the conflict, the Ukrainian Armed Forces were underprepared for the nature or scale of the challenge that would confront them. Not all of the regular forces, to say nothing of the volunteer battalions, had been properly trained in military warfare, let alone International Humanitarian Law standards that should regulate the conduct of hostilities.
  2. I want to underline questions concerning the responsibility for the actions of volunteer battalions, both now that the majority have been formally incorporated into the Ukrainian Armed Forces and during earlier stages of the conflict. Any extent to which the State is tolerating the existence of politically-motivated armed militias on its territory is a concern. The extent to which the State has been actively collaborating with those militias, in order to participate in joint military operations against a common enemy suggests that the State’s responsibility for the actions of the members of those groups may be even more direct.
  3. It seems that these “battalions” and groups operate in a climate of impunity, partly as a result of the pressure which they exercise on prosecutorial or judicial authorities if they attempt to pursue cases against members perceived by these groups of being “patriotic”.

(v)          The impact of restrictions on movement on the right to life

  1. I am concerned by the potential (and in some cases realised) humanitarian impact of the limitations imposed by the government on free movement of people and goods in the Donbas region. The long queues which the resulting checkpoints inevitably entail have been the target of shelling.  The extent to which the barriers impede the transfer of vital medical supplies to hospitals on the eastern side of the “contact line” also raises serious questions about its appropriateness.
  1. In areas not controlled by Ukrainian authorities
  1. As noted above, despite extensive efforts on the part of HRMMU, I was not able to meet with many representatives of the self-proclaimed ‘Donetsk people’s republic’ or self-proclaimed ‘Luhansk people’s republic’. This was extremely disappointing, given the number and gravity of allegations that have been made about the protection of human rights, including the right to life, in those territories.

(i)           Indiscriminate shelling and the positioning of artillery in civilian areas

  1. Allegations have been made that the forces on the non-Government controlled side are deliberately positioning their artillery within close range of built-up civilian areas and occupying hospitals and schools, so as effectively to use civilians as a shield, or to entice government troops to cause civilian casualties and damage to civilian infrastructure, which can then be used for political purposes.
  2. The salience of this problem is demonstrated by the extent to which local populations have taken to the streets to protest it.  For example, there are reports that protests were held to this effect in Donetsk on 15 and 16 June 2015. In situations where people are reportedly reluctant to express dissent, this speaks to the severity of the threat to life posed by the tactics of these armed groups.

(ii)          Summary executions of detainees

  1. There are allegations of the killing of detainees held by fighters of the self-proclaimed Luhansk people’s republic in Sievierodonetsk, as they were retreating from the city in July 2014. While local police had remained in control of their headquarters on Partyzanski Avenue the fighters had taken over the police IVS next door. On the day of the retreat, police reported hearing shots fired from within the IVS at around 5a.m. Several hours later, after the Ukrainian forces had arrived, the police re-entered the IVS, and discovered and documented two corpses in separate cells, each shot either in the neck or in the head. The corpses also showed signs of beatings.

(iii)        Allegations of quasi-judicial executions

  1. I have been alarmed by allegations of executions taking place in quasi-judicial circumstances.  This has allegedly occurred both in the context of ‘military justice’ and in more civilian, ‘criminal justice’ context.  For example, it is alleged that in May 2014 the ‘minister of defence’, Igor Strelkov (Ghirkin) sentenced to death by firing squad two local commanders for looting, armed robbery, kidnapping and desertion. It is not known whether they were executed.
  2. Summary executions may have been carried out under the pretext of criminal legal authority. In July 2014, when the Ukrainian Government regained control of Sloviansk, documents were found in the SBU building, which had been used as a detention facility by armed groups of the ‘Donetsk people´s republic’, that armed groups had given death sentences and carried out executions of at least three persons, reportedly based on legislation dating back to 1941.
  3.  In August 2014, it was reported that the ‘Donetsk people’s republic’s’ de facto authorities had introduced a document that they referred to as the 1960 criminal code, which included provisions for imposing the death penalty for the ‘gravest crimes’. Lawyers I spoke with, however, stated that the ‘constitution’ of the DPR proclaimed the right to life and that the imposition of capital punishment as provided in the criminal code would thus be incompatible with it.

(iv)         Threats against certain groups

  1. Amnesty International found strong signs of alleged drug dealers having been executed by forces of the self-proclaimed ‘Luhansk people’s republic’ in the area of Sievierodonetsk. Their commander Oleksii Mozhovyi had publicly threatened anyone involved in drug trafficking on 3 June. On 13 June, the police found three bodies of persons they identified as suspected drug dealers.
  2. In May and July 2014, there were reports of summary executions by self-proclaimed ‘Luhansk people´s republic’ forces in the area of Sievierodonetsk, Rubizhne and Lysychansk, in the Luhansk Region.

(vi)         Targeting of those hors de combat

  1. As reported by the HRMMU, on 19 August, part of the town of Ilovaisk came under the control of Ukrainian armed forces. By 27 August, the Ukrainian troops in Ilovaisk were surrounded by the armed groups of the self-proclaimed ‘Donetsk people´s republic’. The same day, a safe corridor was negotiated for Ukrainian forces to leave Ilovaisk. However, at least one column of Ukrainian troops was heavily shelled while leaving Ilovaisk. Between 107 and more than 200 Ukrainian servicemen were killed, many of which were wounded soldiers being evacuated.
  2. In January 2015, following the shelling of a bus station in which several people were killed, Oleksandr Zakharchenko, leader of the self-proclaimed Donetsk people’s republic, made a statement on television announcing that his troops would give no quarter, and take no soldiers of the Ukrainian forces as prisoner. Making such a statement is a war crime. However, available evidence does not seem to indicate that this statement was implemented.
  3. Also in January, Ukrainian soldier Ihor Branovytskyi was allegedly summarily executed while in captivity of the armed groups of the ‘Donetsk people’s republic’. Branovytskyi was among a group of 12 soldiers captured and taken to the base used by the so-called ‘Sparta battalion’ and severely beaten. When Mr Branovytskyi collapsed and fainted he was reportedly executed by the battalion commander Arsenii Pavlov (‘Motorola’). During my meeting with the Office of the commissioner for human rights’ of the ‘Donetsk people’s republic’ the ‘deputy ombudsman’ agreed to investigate this case.

(vii)        Downing of Malaysian Airlines flight MH17

  1. On 17 July 2014, the downing of Malaysian Airlines flight MH17 caused the death of 298 persons, becoming one of the most tragic events in the ongoing conflict. Despite initial difficulties to secure access to the site, international investigators now led by the Dutch Safety Board are expected to issue their final report in October. I welcome the progress achieved by the investigating team so far, and hope that the outcome of their work will serve as basis for accountability and provide relief to the families of victims.
  1. Conclusions
  1. The challenges faced by Ukrainian society are real. There are fundamental divisions about its geopolitical orientation which affect national identities. A brutal armed conflict with strong international dimensions is playing itself out on its territory. Twice during the last two years the country has seen massive demonstrations deteriorating into bloodshed on the streets. There is not an established tradition of accountability for violations of the right to life or other human rights on which to draw. The current conflict seems to have exacerbated structural weaknesses.
  2. Long term security will depend on the extent to which a fully functioning human rights protection system which guides the actions of all members of the society is established. The approach that I saw too often during my mission in Ukraine is that when asked about human rights protection one side immediately invokes the transgressions of the other. Human rights are treated as an instrument with which to assail the opponent; not as a shared system of accountability.
  3. The sad truth is that serious violations occur at one point or another in all societies. The Ukraine is no exception, and in some respects it faces unique challenges. The real question is how does one deal with the violations that occur. Many officials whom I met—particularly in the SBU—simply denied that there was any wrongdoing and pointed to the fact that there are laws in place that meet international standards. There is little hope for progress where this is the approach.
  4. I was however heartened by the admission of a senior official whom I met during the mission who commented: ‘Things do not always go as we want them to go’. Being realistic and open about the fact that there are violations is the first step towards addressing them. The second—and decisive—step is to create and utilise mechanisms of accountability to address those violations.

VII.     Preliminary Recommendations

  1. Efforts by all parties to end the armed conflict in the Eastern part of the country should be renewed. The cease-fire should be observed and monitored. As long as hostilities continue, all parties must take concrete measures to reduce civilian casualties, and adhere strictly to the IHL requirements of distinction, proportionality and precaution in attack.
  2. Proper internal measures of reporting on exchanges of fire should be established. Targeting should follow international standards, and be adjusted based on regular assessments of its impact. Allegations of breaches of international humanitarian law must be investigated.
  3. It is of great importance to move the conflict out of built-up areas. All parties to the conflict should refrain from using weapons that do not allow sufficient precision in this context.
  4. The Government of Ukraine should take steps to ratify the 2008 Convention on Cluster Munitions. In their public statements on the use of such weapons by the opposing armed groups, the Government has added weight to the idea of an emerging norm against the use of cluster munitions under any circumstances.  All parties to the conflict should immediately desist from the use of such weapons, which are inherently indiscriminate.
  5. All remaining volunteer militia groups must be disbanded and disarmed.
  6. The events at Ilovaisk in August 2014 must be investigated and any perpetrators be brought to justice.
  7. A system of independent overview of the conduct of all those who perform law enforcement functions must be established, focussing in particular on allegations of ill-treatment by the SBU. This mechanism should be empowered to conduct investigations into suspected informal detention facilities, including comprehensive power of search within military or SBU facilities.
  8. The investigations into the events at Maidan in February 2014 and the 2 May events of the same year at Odessa must be completed as a matter of priority and accountability for losses of life must be established. The systemic failures that contributed to the eventual losses of life—such as the low profile of the police and the delayed response of the fire brigade in Odessa—should also be investigated and where appropriate rectified.
  9. The difficult situation of the families of those who lost their lives should be acknowledged by the Government. Their safety, physical and psychological well-being, dignity and privacy must be protected, and they must be promptly informed of progress in the investigations. Public officials must treat them with respect at all times.
  10. The killing of Oles Buzyna and the disappearance of Sergii Dolgov must be investigated.
  11. The Government of Ukraine should consider inviting official country visits from the Special Rapporteur on torture and other cruel, inhuman and degrading treatment, the Special Rapporteur on the promotion and protection of human rights while countering terrorism, the Working Group on Arbitrary Detention, the Working Group on Enforced or Involuntary Disappearances, the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and the Special Rapporteur on the Independence of Judges and Lawyers.
  12. The reservations to the ICCPR and the ECHR must be reconsidered on a regular basis.
  13. The office of the Ombudsperson must be strengthened.
  14. The human rights situation in Crimea must remain under the scrutiny of inter alia international monitoring bodies. The governments who control access to the territory—Ukraine and the Russian Federation—must grant full access to such monitors. However, even without such access the monitoring must continue.
  15. Judges and other officers of the court must be protected against intimidation.

September 23, 2015 Posted by | Civil Liberties, Subjugation - Torture, War Crimes | , | Leave a comment

Ukraine and NATO sign agreements on strengthening defense and technical cooperation

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RT | September 22, 2015

Ukraine and NATO “are more than partners,” Ukraine’s president said after a number of agreements were signed with the alliance during a visit by NATO’s Secretary General. Moscow criticized the move, saying NATO’s advance on Russia’s border is unwelcome.

“De jure, we are not a NATO member, but de facto we are more than partners. Ukraine is an eastern outpost of Euro-Atlantic civilization,” Ukrainian president Petro Poroshenko wrote on his official Twitter account.

On Tuesday, Poroshenko announced that Ukraine and NATO had signed a joint declaration on strengthening defense and technical cooperation, as well as a roadmap for a partnership between Ukraine and NATO on strategic communications. The program is aimed at supporting Kiev in counteracting “Russian propaganda” and informing the society on what’s happening in Ukraine, Interfax reported.

The North-Atlantic alliance is also ready to discuss how it can boost Kiev’s military, particularly by potentially providing aid in restoring its naval forces, RIA Novosti reported, citing NATO’s Secretary General Jens Stoltenberg. The NATO official also said that the Alliance is providing advisors to Ukraine’s defense ministry and army general staff, according to TASS.

Having chosen its “path in to the EU and NATO,” Ukraine is ready to reform its military and law enforcement forces, the Secretary of Ukraine’s National Security and Defense Council, Aleksandr Turchinov, said after his meeting with NATO’s Secretary General. Meanwhile, Ukraine’s Foreign Minister, Pavel Klimkin, announced that he and Stoltenberg had signed a bilateral document on the creation of a NATO diplomatic mission in Ukraine. NATO’s two existing offices in Ukraine have been united, and their functions and powers extended.

Partnership with NATO will also provide Kiev with the opportunity to get essential weapons, Poroshenko said on Tuesday.

“We are now exchanging information. We are partners, and it gives us an opportunity to receive protective weapons – not offensive, but defensive weapons, such as drones and electronic equipment,” the Ukrainian leader said at a joint briefing with Stoltenberg.

The Kremlin has warned that NATO’s further advance towards Russia’s borders will entail counter measures.

“We must not forget that NATO is an organization that has been created during the time of confrontation and for confrontation, that’s why it cannot change its nature,” the Russian president’s spokesman, Dmitry Peskov, told reporters in Moscow, as cited by Sputnik.

“That is why any advancement by such an organization toward our borders will force us to take adequate counter-measures to safeguard own security, our national security,” Peskov said.

He added that Moscow regrets Kiev’s plans to pursue NATO membership.

When addressing Stoltenberg on Tuesday, Poroshenko claimed that more than 60 percent of Ukrainians support the plans to join NATO, while two years ago only 16 percent supported the move. A day earlier, at another joint meeting, the Ukrainian leader stated that his country was not ready to become a NATO member, nor was the Alliance ready to accept it. Ukraine would need to change in order to achieve its goal of NATO membership, Poroshenko noted, while promising more reforms.

Petro Poroshenko signed a decree changing Ukraine’s non-aligned status last year, saying that his country would make the decision on whether to join NATO in the next five or six years. He promised to put the question up for a national referendum. NATO’s previous secretary general, Anders Fogh Rasmussen, said the process of reaching the criteria required to become an alliance member could take Ukraine a long time. Countries with outstanding territorial disputes cannot become NATO members. However, Ukraine claims rights to Crimea, which became a part of Russia following a referendum on the peninsula in 2014.

September 22, 2015 Posted by | Militarism | , , , | Leave a comment

UN Condemns Ukrainian Government Cover-Ups

By Eric Zuesse | Aletho News | September 21, 2015

On September 18th, the UN’s Office of the High Commissioner for Human Rights headlined “Statement of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns Ukraine: Lives lost in an accountability vacuum,” and condemned there the current Ukrainian Government in strong language, regarding not only the coup which had brought them to power in February 2014, but regarding also the massacre of the people who on 2 May 2014 had been peacefully demonstrating in Odessa against the coup. Specifically, the ongoing cover-ups by the Ukrainian Government concerning both of these matters were condemned by him.

The High Commissioner, Christof Heyns, said:

By allowing almost immediate access of the scene to ‘pro-unity’ protesters, members of the public or to municipal authorities, investigators lost a large proportion of potentially valuable forensic evidence. Meanwhile I am worried by indications that the Government has significantly reduced the size of the team investigating these events in the past year, before it has had an opportunity to report. The slow progress of the investigation and the lack of transparency with which it is being conducted have contributed to a great deal of public dissatisfaction and provided a fertile environment for rumour and misinformation. It is disconcerting that the Special Unit of the Ministry of Internal Affairs that investigates the 2 May events cancelled our appointment in Odessa at short notice, without any explanation.

I am further concerned that administrative and personal impediments seem to have been imposed to prevent or at least discourage the families of those who died from obtaining the status of suffering or affected persons before the Courts. Meanwhile I am greatly alarmed by reports of the extent to which authorities are tolerating both verbal and physical intimidation both of families attending court proceedings and of the judges of those cases, not only outside the court building, but also inside it and in the court room itself.

Here is an excellent video of the coup.

Here is a brief video on the massacre, on 2 May 2014, in Odessa’s Trade Unions Building.

Also of interest might be the following articles:

“Ukraine’s President Poroshenko Admits Overthrow of Yanukovych Was a Coup”

“The Key Man Behind the May 2nd Odessa Ukraine Trade Unions Building Massacre: His Many Connections to the White House”

The Obama Administration has a strong record of installing anti-Russian governments — not only in Ukraine. Obama enabled the 28 June 2009 coup that overthrew Honduras’s progressive democratically elected President Manuel Zelaya to succeed, and enabled the coup’s junta to stay in power though no other head-of-state supported it; and the great investigative journalist Wayne Madsen reports on 21 September 2015 that there is strong reason to believe that the Obama Administration was actually behind the recent coup in Burkino Faso. Furthermore, the Obama Administration has been involved in unsuccessful coup-plots in Venezuela and Ecuador, according to a 12 March 2015 study by the Council On Hemispheric Affairs. In addition, the Obama Administration bombed Libya and removed Muammar Gaddafi from power there, and is bombing Syria in order to remove Bashar al-Assad from power there. The Obama Administration also has continued the Bush Administration’s policy of “unsigning” to the legal authority of the International Criminal Court, but doesn’t use the same rabid rhetoric against the Court that Obama’s predecessor did. The Obama Administration has also taken a strong anti-Russian position on virtually everything at the United Nations, such as by voting against a Russian-supported resolution condemning fascism in all its forms (including Holocaust-denial), which resolution passed overwhelmingly and was opposed by only three governments: U.S., Ukraine, and Canada.

Obama is highly critical of Russia, and of its leader, Vladimir Putin. The U.S. White House in February issued its National Security Strategy 2015, and it used the pejorative term “aggression” 18 times, 17 of which referred to Russia.

So, the U.N. High Commissioner’s statement condemning the Ukrainian Government’s cover-ups might be viewed in Washington as simply the UN’s taking the pro-Russian side. Psychopaths could view it that way. But other people will (like the UN) oppose cover-ups — and oppose Obama’s international policies (such as those described). Indeed, the only U.S. President who has been as hostile toward the UN as Obama is, was his immediate predecessor, whose policies Obama publicly opposed when running for the U.S. Presidency in 2008. And, then, in his 2012 re-election campaign, Obama vocally criticized his opponent Mitt Romney’s statement that Russia “is without question our number one geopolitical foe.” But, now, Obama cites Russia 17 out of 18 times for “aggression.”

Geir Lundestad, who was the Director of the Nobel Institute, and Secretary of the Peace Prize Committee, at the time when Barack Obama won the Nobel Peace Prize in 2009, recently said that “giving Obama a helping hand” was the reason why the Committee awarded Obama the Prize, but that doing this “did not achieve what the committee had hoped for.” However, he denied “that it was a mistake to give Obama the Peace Prize.” Even all of those coups and massacres don’t mean it was a mistake. Maybe it wasn’t much different from “what the committee had hoped for.” After all: Norway, and its Nobel Institute, is a U.S. ally. Unlike the United Nations, it only pretends  to represent the interests of all people everywhere.


Investigative historian Eric Zuesse is the author, most recently, of  They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of  CHRIST’S VENTRILOQUISTS: The Event that Created Christianity.

September 21, 2015 Posted by | Deception, Progressive Hypocrite | , , , , , , | Leave a comment

Kremlin Slams Kiev for Including Journalists in Sanction List

Sputnik – 17.09.2015

Moscow condemns the inclusion of journalists in Kiev’s new sanctions list and believes the move to be unacceptable and violating freedom of speech, Kremlin spokesman Dmitry Peskov said Thursday.

“The fact that there are many individuals from the media in that list is, of course, absolutely unacceptable and completely against any principles in the freedom of speech, and in this case we strongly condemn this decision, especially in regard to including individuals in the media,” Peskov told journalists.

On Wednesday, Ukrainian President Petro Poroshenko signed a decree sanctioning 90 entities and barring almost 400 people, including several high-ranking individuals and journalists, from entering Ukraine for one year. The Ukrainian president said the sanctions would contribute to his country’s defense amid the conflict in the southeast.

More than 40 journalists and bloggers from countries including the United Kingdom, Germany, Spain, Switzerland, Poland, Israel, Latvia and Russia, were targeted by the restrictions.

Later that day, the Committee to Protect Journalists (CPJ) slammed the decree, saying it blocked vital news and information about the crisis in the country.

Amid violence in Ukraine’s southeast, the freedom of media, particularly Russian media, has been repeatedly violated in the country. According to the Organization for Security and Co-operation in Europe (OSCE), a number of international journalists working in Ukraine have been kidnapped, tortured and killed since the start of the conflict.

This is not the first restriction of Russian media in Ukraine. In February, Kiev stripped 115 Russian news outlets of accreditation in governmental institutions.

September 17, 2015 Posted by | Deception, Full Spectrum Dominance | , , | Leave a comment

EU Taxpayers to Pay 1 Bln Euros for Ukraine’s Gas

Sputnik – 16.09.2015

To keep Ukrainians warm, EU citizens will have to shell out a total of one billion euros, Deutsche Wirtschafts Nachrichten (DWN) reported.

As Ukraine is broke and needs money to pay for gas for the upcoming winter, European taxpayers will have to cover the bill, the German newspaper predicted.

Russian Energy Minister Alexander Novak and European Commission Vice President on Energy Union Maros Sefcovic met in Vienna late last week. The sides agreed that Brussels will pay €500 million for Kiev’s gas supply.

“Ukraine urgently needs to fill its gas storages to survive the winter,” DWN said, adding that the €500 million only covered half of the bill and soon Brussels will need another half a million to pay Ukraine’s gas bill.

The bill might increase if winter months turn out to be colder than the last year, DWN reported.

Earlier this week, Ukraine’s Deputy Energy Minister Olexandr Svetelik said that Kiev was satisfied with the conditions for Russian gas supplies, which it suspended for the period July-September, despite Moscow’s discount proposal. Reverse flows from Slovakia, Hungary and Poland currently supply Ukraine’s gas needs.

Kiev expects to receive a foreign loan for winter gas supplies by late October, which Novak had said would help finance 2 billion cubic meters of natural gas to Ukraine’s underground storage facilities this and next month.

September 16, 2015 Posted by | Economics | , | Leave a comment

I’m confused, can anyone help me? Part 5

RT | September 9, 2015

I’m confused about quite a lot of things going on in the world. The West is supposed to be fighting ISIS, yet seems keener on toppling a government which is fighting ISIS. A refugee crisis caused by Western interventions is being used as a pretext for more Western wars.

Elite media commentators keen to stress their humanitarianism, cry ‘something must be done’ about Syria, yet appear not to notice the on-going humanitarian catastrophe in Yemen.

There are violent anti-government protests again in Ukraine, but the reaction from the US is very different to when there were violent anti-government protests in Ukraine eighteen months ago. What on earth is going on? Perhaps you can help me sort out my confusion…

The first thing I’m confused about is the refugee crisis currently affecting Europe.

The vast majority of refugees are coming from countries e.g. Syria, Libya, Afghanistan, Iraq, which were targeted by the West for ‘regime change’ and which experienced bombing/invasion or destabilization by NATO powers and their regional allies.

We’re told by the West’s political elite and much of the media that in order to stop the influx of refugees to Europe we need to do more bombing.

But if bombing solves the problem of refugees, why are people fleeing from countries, such as Iraq and Afghanistan and Libya that the West has already bombed?

How can more bombs and intervention solve a problem caused by bombs and intervention? And how can the imposition of a no-fly zone in Syria stop ISIS, which doesn’t have an air force?

I’m confused. Can anyone help me?

On the subject of Syria I’m confused about the West’s obsession with toppling President Assad and his government. The secular Syrian government does not and did not threaten the West, and its sworn enemies are the groups- such as Al-Qaeda and its affiliates, which we are supposed to have been fighting ‘a war on terror’ against. If radical Islamist terror groups such as Al-Qaeda and ISIS are such a danger, why are we still trying to topple a government which has been fighting them? Why does UK Chancellor of the Exchequer George Osborne say that the British Parliament’s refusal to support US-led air-strikes on the Syrian government in 2013 was “one of the worst decisions the House of Commons has ever made” when voting ‘Yes’ would have put the RAF on the same side as ISIS – a group which claimed responsibility for the killing of 30 British tourists on a beach in Tunisia earlier this summer? Surely if our leaders really wanted to defeat ISIS, they would be working with countries in the region that have a vested interest in defeating ISIS – like the government in Syria – and not working to overthrow them, which would only help ISIS.

I’m confused. Can anyone help me?

I’m confused about the Transatlantic Trade and Investment Partnership (TTIP).

It’s the proposed free trade deal between the free, open democracies of Europe, and that bastion of democracy the US, but the deal itself is shrouded in secrecy and can only be read by politicians in a secure reading room in Brussels.

If TTIP is so great- as its supporters claim, why can’t we see its terms and provisions? Why in ‘democratic’ Europe, where our leaders all claim to support public participation in the political process, are we being kept in the dark over a deal which is likely to have a major impact on our daily lives? I’m confused. Can anyone help me?

I’m confused too about events in Yemen, and the lack of concern from Western ’humanitarian interventionists’ over what is happening in the country.

A Saudi-Arabian led alliance has been bombing Yemen since March – yet despite Amnesty International reporting that the bombing campaign has left a “bloody trail of civilian death and destruction paved with evidence of war crimes”- the West‘s “Something Must Be Done” brigade have been strangely silent.

“The civilian population is bearing the brunt of the conflict: a shocking four out of five Yemenis require humanitarian assistance and nearly 1.5 million people are internally displaced,” says Stephen O’Brien, the UN Under-Secretary-General for Humanitarian Affairs and UN Emergency Relief Coordinator.

In Libya in 2011 we had a no-fly zone imposed to prevent massacres that might happen- in Yemen, we’re seeing large scale casualties as a result of airstrikes but this time there’s no calls for NFZs from Western leaders or ‘liberal interventionists’ in the media.

Why was there a ‘Responsibility to Protect’ civilians in Libya in 2011, but not a ‘Responsibility to Protect’ civilians who are being killed in Yemen in 2015?

I’m confused. Can anyone help me?

I’m confused about US policy towards anti-government protests in Ukraine which involve violence from ultra-nationalists.

In early 2014, there were violent protests against the democratically elected government of Viktor Yanukovich, protests in which ultra-nationalists played a prominent role. The US and its allies told the Ukrainian government that it was not allowed to use force against protestors, even though some of them smashed into government buildings and threw Molotov cocktails at police.

“We unequivocally condemn the use of force against civilians by security forces and urge that those forces be withdrawn immediately,” said Secretary of State Kerry.

But last week, when there were fresh anti-government protests involving ultra-nationalists in Kiev which also involved violence, the US’s line was rather different. “Law enforcement agencies need to exercise restraint, but there’s an obligation on the protestors to behave in a peaceful manner”- a State Department spokesman said. Why was there criticism of violent ultra-nationalist protestors in August 2015, but not criticism of violent ultra-nationalist protestors in February 2014? And why was the Ukrainian government given a fierce warning in 2014, but not one this time?

I’m confused. Can anyone help me?

I’m also confused about the continuation of the sanctions war between the US and its allies and Russia. The OSCE report that things are calming down in eastern Ukraine.

Its Special Monitoring Mission report of 5th September said there were “few ceasefire violations in the Donetsk region and none in Lugansk.”

But despite this, the US and Britain are not talking about the easing of sanctions. On the contrary, there have been calls for sanctions to be extended. The economic damage of the sanctions war to EU economies has been put at $100 billion-with 2 million jobs at risk. Surely, seeing how things have calmed down in the Donbass region, and the damage that the sanctions war is doing to Europe, the sensible thing is for the sanctions to be eased or lifted altogether?

Or is there another agenda at work here, that has nothing to do with events in eastern Ukraine and which we’re not being told about?

I’m confused. Can anyone help me?

I’m confused about photographs of dead children and why some seem to affect the Western elites more than others. The photograph of poor little Aylan Kurdi, the three-year-old Syrian refugee washed up on the shore in Turkey, has been used to drum up support for bombing Syria.

Yet photographs of dead Palestinian children, killed in the Israeli offensive against Gaza last year, brought no such response. On the contrary, this week the Prime Minister of Israel Benjamin Netanyahu is visiting Britain and can expect to receive the red carpet treatment. Among the 539 killed by Israeli forces in Gaza were four children, aged between 9 and 11, who were killed while playing on the beach. Why did their deaths not lead to a political/media campaign for ‘action’ to be taken, as the death of Aylan Kurdi has?

The general public certainly cares: a petition calling for Netanyahu to be arrested for Israeli war crimes when he visits Britain received over 100,000 signatures, meaning that it has to be debated in Parliament. But government minister Eric Pickles dismissed the petition as ‘completely absurd’. Why is it ‘completely absurd’ to care about dead Palestinian children as well as dead Syrian ones?

I’m confused. Can anyone help me?

You can read I’m Confused Parts One, Two, Three and Four.

September 10, 2015 Posted by | Deception, Mainstream Media, Warmongering | , , , , , | Leave a comment

US State Dept fails to explain Washington’s decision to extend sanctions on Russia

RT | September 4, 2015

Washington has extended its sanctions against Russia, but the US State Department failed to offer specifics of what exactly Moscow did wrong this time. It referred to a “larger picture,” which supposedly proves Russia’s guilt in destabilizing Ukraine.

On Wednesday, the US Department of Commerce’s Bureau of Industry and Security (BIS) explained that it took action to sanction 29 Russian entities to ensure the “efficacy of existing sanctions… for violating international law and fueling the conflict in eastern Ukraine.”

Considering that the situation in eastern Ukraine has been unusually calm recently, RT’s Gayane Chichakyan asked State Department Deputy Spokesperson Mark Toner what Russian violations now warrant such tightening and strengthening of the sanctions list.

“We’ve seen ongoing violations of the ceasefire and I know we’ve been back and forth on that, or who is to blame for that. We believe the preponderance of the ceasefire violations are on the part of separatist forces, again supplied and also helped by Russian military,” Toner said.

Asked to provide any specifics on the ceasefire violations, the State Department deputy spokesperson referred RT correspondent to the OSCE and offered to look at “larger picture,” rather than focusing on specifics.

However, the latest OSCE SMM report clearly states that “the SMM observed few ceasefire violations in Donetsk region, and none in Lugansk,” and even Toner had to admit that there was “relative calm today.”

Toner said “we all understand” that “there would be no conflict” in eastern Ukraine “if Russia were not providing tanks, armored vehicles, heavy artillery, military personnel to the separatists.”

So far, none of the satellite images, released by the US or NATO over more than a year of conflict in eastern Ukraine, showed anything except increased Russian military presence at the border with the conflict-torn neighboring country.

In response to the sanctions, presidential spokesman Dmitry Peskov said Russia would reciprocate. The Russian Foreign Ministry called the new addition an illegitimate and “reckless” US policy that is “fraught with serious costs for international stability.”

September 4, 2015 Posted by | Economics | , , | Leave a comment

US Troops in Ukraine Violate Minsk Deal – Russian Foreign Ministry

Sputnik – 03.09.2015

CN-2HApW8AEVgSSMOSCOW – The deployment of US soldiers on Ukrainian territory violates the ceasefire deal agreed earlier this year, Russian Foreign Ministry spokeswoman Maria Zakharova said Thursday.

“US soldiers are firmly entrenched in Ukraine, which constitutes a flagrant violation of article 10 of the February 12 Minsk Agreement,” Zakharova said at a briefing in Moscow.

Article 10 of the ceasefire agreement reached in the Belarusian capital of Minsk calls for the pullout of all foreign armed formations, military equipment and mercenaries from Ukraine.

As part of its security assistance program launched last year, the United States sent 300 military instructors to Ukraine in April this year and has provided $245 million of security-related aid to the country.

Ukraine hosted a number of NATO military exercises under US leadership this year, including Saber Guardian/Rapid Trident-2015 in late July. The drills involved over 1,800 servicemen from 18 NATO and other partner nations.

This month, Ukraine is hosting Sea Breeze-2015 naval military exercises in the Black Sea involving around 2,500 NATO forces and 150 warships, helicopters and armored vehicles.

The Ukrainian government has said it is planning to hold three joint drills with US troops later this year.

September 3, 2015 Posted by | Militarism | , , | Leave a comment

NATO kicks off naval drills in Black Sea with Ukraine

RT | August 31, 2015

Ukraine is hosting naval military exercises in the Black Sea with NATO forces, involving 2,500 troops and some 150 military vehicles, from warships and helicopters to armored cars.

The host nation of Sea Breeze 2015 has deployed 1,000 troops, nine warships and eight aircraft for the drill. The US has sent 1,000 troops as well as five warships, two submarines and six aircraft.

The remaining 500 troops, six warships, three submarines and 6six aircraft were provided by Bulgaria, Germany, Greece, Italy, Romania, Turkey, the UK and the non-NATO nations Moldova and Sweden.

“The exercise is meant to boost trust and security in the region, [and to increase] the compatibility between the Ukrainian Navy and the navies of NATO members and partner countries,” the Ukrainian Defense Ministry said in a statement.

Sea Breeze is held in Ukraine’s Odessa and Nikolaevsk region not far from Russia’s Crimea, which Kiev and its foreign sponsors consider to be Ukrainian. It will last till mid-September. Ukraine will be participating in a total of 11 NATO drills in 2015.

NATO is also currently conducting another war game, called Swift Response, in Germany, Italy, Bulgaria and Romania. It is one of the largest such events since the Cold War and is planned to last until September 13. A separate exercise, called Simple Strike, is under way in the Baltic.

READ MORE: Ukraine to participate in 11 NATO war games in 2015

August 31, 2015 Posted by | Militarism | , , , | Leave a comment

Kiev Defies Minsk Accords, Resists Western Demands for Donbass Self-Rule

Sputnik – 30.08.2015

France and Germany are pressing Ukrainian President Petro Poroshenko to ensure partial self-rule for the country’s independence-minded east before the upcoming local election there, Ukrainian media reported on Saturday.

Poroshenko refuses to comply, citing legal, political and organizational hurdles preventing the implementation of the law, which would grant broader autonomy to the self-proclaimed Donetsk and Lugansk People’s Republics, the Kiev-based Weekly Mirror newspaper reported, citing unnamed sources in the government.

In keeping with the provisions of the Minsk accords, reached in February 2015, President Poroshenko agreed to grant a special status to the self-proclaimed Donetsk and Lugansk People’s Republics.

Article 4 of the 13-point Minsk Protocol outlined the modalities of conducting local elections in particular districts of Donetsk and Lugansk regions and their future status.

Article 11 described decentralization of particular districts of Donetsk and Lugansk regions and their special status as the key elements of the proposed constitutional reform in Ukraine.

On August 24, President Poroshenko met in Berlin with German Chancellor Angela Merkel and French President Francois Hollande.

Briefing the media after the talks, Angela Merkel said that the three leaders had gathered in Berlin to endorse the Misk-2 accords, which she described as pivotal to a peaceful settlement of the Ukrainian conflict.

Addressing members of his Solidarity bloc shortly before the August 24 trip to Berlin, Petro Poroshenko said that the proposed constitutional reforms ruled out any federalization or other special statuses for any part of Ukraine.

August 30, 2015 Posted by | Deception, Militarism | , | Leave a comment

Decentralization Reform in Ukraine

By Halyna Mokrushyna | CounterPunch | August 28, 2015

One of the sources of the ongoing, and deepening, political and economic crisis in Ukraine is the excessive concentration of power in Kyiv’s hands. It is a key issue underlying the civil war in the east of the country.

Kyiv has always maintained a policy of ‘one nation, one language’ for Ukraine. Even two Russian-speaking presidents of Ukraine from the Russian-speaking southeast of the country–Leonid Kuchma and Viktor Yanukovych–remained loyal to that mantra, betraying electoral promises they had made to grant the Russian language a status as a second, official language of Ukraine.

In the realm of the economy, Kyiv has always kept the lion’s share of taxation revenues, denying a fare share to the regions. According to Tatiana Muntian, a lawyer and activist defending the interests of ordinary Ukrainians, under Yanukovych, this share constituted 80 per cent of revenue, with only 20 per cent remaining in the regions. The new, “democratic” regime in Kyiv is today taking 82%.

The delegation of powers to different levels of government is a feature of Western democracies, more pronounced in some than in others. Local autonomy is particularly important in countries composed of diverse regions with different histories, languages and cultures. It provides regions with the opportunity to manage their own finances and define their own social, educational, economic, and health policies and preserve distinctive cultural or regional identities.

One of the main reasons for the current civil war in Ukraine is the refusal of Kyiv to grant such autonomy to the regions of the country. The people of the Donbas region (Donetsk and Lugansk) rebelled because they did not approve of the extreme-nationalist ideology and interpretation of history being imposed on the whole country by the pro-Western regime which came to power in Kyiv as a result of the coup d’état of February 2014 (or call it the “Revolution of Dignity”, if you will). If Donbas and other regions of Ukraine had more autonomy in deciding how to spend the money they raise through taxation and which languages receive official status, the present war would not have happened. Kyiv refused to grant the autonomy, so Donbas had no choice but to fight for it.

Russia, in turn, provided political support to Donbas’ grievances by repeatedly requesting of the Kyiv government that it respect Donetsk and Lugansk and negotiates with them as equals and by getting involved in working on a peaceful solution of the conflict through Minsk agreements. Russia also supports the rebel region by sending its own humanitarian aid convoys, facilitating others, and declining to follow Western diktats that it block the movement and activities of Russian volunteers supporting the insurgency.

Europe hints that it understands the situation. European Union leaders encourage Ukraine’s leadership, which aspires so desperately to join Europe, to decentralize power. Ukraine is required under the terms of the Minsk-2 ceasefire agreement of February 12, 2015 to write and approve a much-talked about legislation on decentralization. This is not only crystal clear in the agreement, but it is also very much needed for a variety of compelling reasons internal to the country. Clause number 11 of Minsk-2 stipulates that Ukraine must adopt and apply by the end of 2015 a new constitution that has as a key element a decentralization which takes into consideration the “particularities” of “certain districts” of Donetsk and Lugansk oblasts, agreed upon with the representatives of these districts.

Ukraine has pledged to adopt by the end of 2015 permanent legislation on the special status of “certain districts” of Donetsk and Lugansk oblasts. Note 1 of the agreement spells out detailed measures that must be included in the legislation. (The Russian original of Minsk-2 can be found on the website of the OSCE; the English version can be found on UNIAN news agency).

The evasive formula of “certain districts of Donetsk and Lugansk” is a compromise between Russia and Europe, the latter as represented by France and Germany. The presidents of these countries plus Ukraine’s president Petro Poroshenko and Russian president Vladimir Putin negotiated these agreements during unprecedented several-hours talks in Minsk in February of this year. It is clear from this phrasing, and confirmed by Russia’s own declarations, that Russia had no intention of recognizing the rebellious Donbas regions as independent political entities or accepting them into membership of the Russian Federation. Otherwise, the “certain districts” would be called by their self-identification names – Donetsk People’s Republic (DPR) and Lugansk People’s Republic (LPR). For its part, the leaders of Europe, who refused to see DNR and LPR as legitimate formations, recognized in Minsk the distinctive character of this region of Ukraine.

Footnote 1 of the Minsk agreements is a clear and simple roadmap for the creation of an autonomous entity of Donbas as part of the Ukrainian state: in addition to guaranteeing the exemption from punishment, persecution and discrimination of individuals “involved in the events that took place in certain districts of Donetsk and Lugansk Regions”, Ukraine pledged to assure that:

– these regions would have linguistic self-determination;

– local government would participate in the appointment of the heads of the Prosecutor’s office and courts;

– local executive power organs would be able to sign agreements with the central organs of the executive power (the Cabinet of Ministers) regarding the economic, social, and cultural development of “certain districts”;

– the Ukrainian state would support the socio-economic development of the districts; central executive bodies would assist the districts in their cross-border cooperation with regions of the Russian Federation;

– local councils would have the authority to create people’s militia units in order to maintain public order;

– the powers of local council deputies and officials, elected in early elections, called by the Verkhovna Rada according to this law, could not be prematurely terminated.

All of these provisions are already written and adopted as a law of Ukraine “On a special local government order in certain districts of Donetsk and Luhansk regions”, which came into effect on September 16, 2014. However, this “special order”, according to the law, will be temporary – only for three years. Ukraine avoided granting autonomy to Donbas on a permanent basis.

The bill on decentralization, which was proposed to the Verkhovna Rada by President Poroshenko on July 1, 2015, had the same flaw – it stipulated only in the “transitional provisions” in its concluding section that the local self government in certain regions of Donetsk and Luhansk regions are determined in a separate law. This has provoked criticism by representatives of Donetsk and Lugansk people’s republics that the provision for their autonomy is not included in the main body of the Constitution of Ukraine. The representative of the DPR Denis Pushilin, stated also that Ukraine did not send its proposed amendments to the Constitution of Ukraine to the Lugansk and Donetsk working groups of Minsk-2 which are supposed to work on implementing the agreement. This failure by Ukraine is in violation of clause 11, according to which constitutional reform should be “agreed with representatives of these “districts of Donetsk and Lugansk”.

The official proposals of Donetsk and Lugansk on decentralization, sent in May of 2015, were completely ignored by Kyiv, stated Pushilin. He said that the republics will insist on a detailed formulation of their special status in the main body of the Constitution of Ukraine, not just an interim passim in the “transitional provisions”. The Kremlin, through the words of Dmitri Peskov, the press-secretary of President Putin, reiterated the criticism formulated by the DPR and LPR. Volodymyr Hroysman, the speaker of the Verkhovna Rada, stated in May 2015 that the constitutional commission of Ukraine did not receive any “official” proposal on behalf of the DPR and LPR. So, Kyiv still refuses to treat DPR and LPR representatives as partners in negotiations, ignoring their legitimate requests, based on Minsk-2 agreements.

Criticism by Donetsk, Lugansk and Russia of the Ukraine’s bill was duly noted by the West. Leaders in Europe and the United States covertly put pressure on Kyiv to amend the bill. The vice-speaker of the Verkhovna Rada, Oksana Syroid, stated recently that on July 14, Angela Merkel and Francois Hollande telephoned the speaker of the Rada, Volodymyr Hroysman, urging him to ensure that the bill is voted for .

On July 15, one day before the bill was scheduled for a vote in the Rada, Victoria -“f*** the EU”- Nuland flew to Kyiv to assist her disciples in the science of democracy and vote correctly. On the same day, Poroshenko tabled a new, revised draft of the bill, in which the provision that the local governments in certain regions of Donetsk and Luhansk regions are determined in a separate law was moved from “transitional provisions” to chapter XV “Transitional provisions” of the main body of the Constitution. No elaborate formulation of this “local government”, no permanent status, neither. On the day of the vote on July 16, three high officials from the West were present in the Rada to make sure that their Ukrainian disciples do the right thing and vote for the bill. These officials were the Assistant Secretary of State Victoria Nuland, the US Ambassador to Ukraine Geoffrey Payette, and the Head of the EU delegation to Ukraine Jan Tombinski.

Having voted for the revised bill, the Rada sent it to the Constitutional Court, which verified the bill for the validity of statute and on July 30 delivered the verdict that the bill conforms to the Constitution of Ukraine. Now the bill is to be voted for the second time in the current session, which will expire on August 31. It will be voted for the third time in a new session due to open on September 1. At the second and third reading, the bill must receive the support of 300 deputies. It received 288 votes at the first reading. Two factions in the Rada, the Radical Party of Oleh Liashko and Samopomich (Self-reliance), voted against.

The bill has been criticized in several points by the Radicals and Samopovich. Liashko, who is known for highly emotional speeches in the Rada and for reciting poems and singing of the national anthem, stated that his party will never vote for a constitution which contains a clause providing special status of Donbas. “Our volunteers did not fight for the country so that Motorola, Givi [military leaders of the Donbas rebellion] and other terrorists obtain a special status”, stated Liashko, although Poroshenko himself acknowledged from the podium of the Rada, that the proposed changes to the Constitution “only admit the possibility of a specific order of the realization of the local (stress by Poroshenko) government in certain administrative and territorial units of Lugansk and Donetsk regions, which is determined by a separate law”. So here we go: no special status, no autonomy, only a “temporary”, special local government.

The bill on decentralization has been criticized by the Radical Party and by many others, including the former leader of the Socialist Party, Olexandr Moroz, and the Samopomich party, for centralizing power instead of delegating it to the regions. The bill provides for the introduction of the institution of prefects, which will replace current heads of regional state administrations. Prefects would exercise executive power on a local level and would be appointed directly by the President of Ukraine on the proposal of the Cabinet of Ministers, being accountable before both. They would supervise local governments to ensure the compliance of their actions with the constitution and laws of Ukraine, as well as the compliance of the “territorial organs of the central organs of the executive power”. (This latter formula is vague and hard to understand, as are many passages of the bill on decentralization).

A prefect will have the power to decree acts which will be mandatory for the respective territory (article 110) and to block the acts of local governments if a prefect deems them anti-constitutional (article 144). In cases where a local government or its head adopts an “act” which does not respect the Constitution of Ukraine or threatens state sovereignty, territorial integrity or the national security of Ukraine, the president of the country is empowered to veto this act, suspend the offending local government (councils) and appoint an interim “state representative” who will “direct and organize” the work of the local executive organs of power. The president would concomitantly send a request to the Constitutional Court to examine the act in question and determine whether it violates the constitution. In cases where the Constitutional Court decides that a local act does violate the constitution, the Rada, upon the proposal of the president, would terminate the powers of the head of the local government or of the entire local council and call early elections (article 144).

The current regional and district administrations do not have the power to dismiss local councils and cannot stop or suspend the decision of local governments, as Liashko rightly remarks. Moreover, local councils can dismiss the head of the state administration if two thirds of the deputies of local councils express non confidence. In such a case, the President of Ukraine is required to decree the dismissal of the head of the local administration (http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=55812 ).

The head of the parliamentarian fraction of Samopomich party, Oleh Bereziuk, criticizes the institution of prefects because it introduces a dual executive power on the local level – both prefects and regional or city councils will have it. However, the prefects also have control and coordination functions, which imply a possibility of punishment – prefects can intimidate local councils by threatening to dissolve them, since the president has the power to dissolve the council upon prefect’s suggestion.

The member of the Opposition Bloc fraction in the Rada, Mikhail Papiev, also voiced cautions of his party regarding the decentralization bill. He believes that prefects should only effectuate a state supervision, not to be the head of the executive power; the executive local organs should have the full executive power. Papiev also cautioned that imprecise wording of the clause would allow, or open the door to, the president to suspend (or, in the literal translation from Ukrainian, temporarily halt) activities of a local council. The Constitutional Court would then examine immediately whether the decisions of the council are anti-constitutional, threatening a situation where in territories out of favor with the central power, there would be no councils and state commissioners would perpetually rule the region. Papiev also reminded that the proposed bill was not discussed and agreed upon with the representatives of Donetsk and Lugansk and that the special statute of Donbas is not written explicitly as an article in the Constitution. A special law, which is mentioned instead in the proposed bill, could be declared as anti-constitutional and revoked.

The representative of the Batkivshchyna [Fatherland] Party, Ihor Lutsenko, noted that there is no provision for the revocation of the right of a prefect to suspend legal acts adopted by a local government. Nobody can hold him accountable on the local level. Under such circumstances, a prefect can become a sole source of power in the region, an autocrat who watches over the local government. It can be interpreted as the interference of the state power into the local governance. The right of the president to suspend local governments and to appoint an interim state commissioner means that the Rada could allow the president in peacetime to halt the functioning of local authorities on some far-fetched pretext and introduce direct rule. For instance, under the current legislation, even corruption is considered a threat to national security of Ukraine. Lutsenko qualified this provision as a “legal perversion”.

The former head of the Socialist Party of Ukraine, Olexandr Moroz, stressed that the prefect will be the “the man in charge” in the region, which goes against the affirmation that the power in the region is controlled by the population. It is not clear, according to the proposed changes to the Constitution, what exact powers a prefect will have, what his status will be or what he/she will do, outlined Moroz.

I have already mentioned that the bill on decentralization suffers from many vague formulations. For instance, in the chapter on the prefect’s powers, it is stipulated that he/she “coordinates the activities of the territorial organs of the central organs of the executive power”. What are these territorial organs? The central organs of executive power in Ukraine are the Cabinet of Ministers and various ministries, state agencies and services. There is no such thing as “territorial organs” in the current political-administrative system of Ukraine. Probably, they will be created as part of the planned reform in Ukraine.

According to the proposed article 133, the new administrative-territorial division (ATD) of Ukraine will consist of communities (hromady), districts (rayony), and regions. The community is the primary, the smallest unit. It is called “a territorial community”. Communities form a district, and several districts form a region. In the current administrative-territorial system in Ukraine, a village is the smallest unit. A district is a formation of many villages and towns, with a city as an administrative centre of a district. An oblast is a regional formation, regrouping several districts. The planned reform of the ATD in Ukraine was outlined, prior to the proposed bill on decentralization, in the law of Ukraine “On the voluntary merging of territorial communities”, adopted by the Rada on February 5, 2015. The goal of this law was to solve a chronic problem of the Ukrainian state: shortages of funds for the financing of schools, hospitals or first-aid centres, other elements of social infrastructure, and the bureaucratic apparatus of village and city councils. The goal was to reduce the number of villages and districts, thus reducing the costs of administration and of services.

The voluntary merging, according to the law, is initiated by the head of a village or a city, deputies of the village or city council (at least one third of them), or members of a “self-organization” of the population (again, they have to represent the interests of at least one third of the members of the local community). The question has to be publicly debated, and after that the local council adopts a decision on the voluntary merger. The decision is then directed to the regional state administration which approves it.

The territorial communities of neighboring villages, towns, and cities are the subjects of the voluntary merging. An administrative centre of a newly formed territorial community should be a locality that has a developed infrastructure and is situated close to the geographical centre of the community. The name of that locality becomes the name of the territorial community.

Territorial communities will form districts (raions), which will be much bigger than the existing ones. Currently there are dozens of raions within an oblast. In the new system, these dozens will be amalgamated into 4-7 larger raions, with the population of each to be between 150,000 to 400,000 residents. In total, around 120-130 enlarged raions will be created in Ukraine. The geographical borders of oblasts will remain the same, but instead of oblasts they will be called rehiony (regions).

In regions and raions both, there will be local governments as well as organs of state power, similar to current state administrations. The central power will be represented by prefects. The executive power will be given to the executive committees of raion and region councils.

At the lowest level of governance,–a territorial community–there will be no representative of the central power. A community will take over the major part of services to the population, which currently are provided by raion centers. A universal centre of administrative services will be created in each community (ibid).

The bill stipulates that heads of communities, as well as deputies of the councils of communities, raions, and oblasts, are elected in a free election, by exercising a general, equal and direct right to vote through a secret ballot. What “oblast councils”, if no such administrative unit will exist anymore?

In general, the terminology of the administrative division of Ukraine is a weird patchwork of various historical terms. To start with, hromada is an old Ukrainian word which denotes more than a type of settlement—it denotes a collectivity of people, united by common life, interests and a territory. Therefore, to use it in the sense of an administrative unit is not appropriate. Raion comes from the former Soviet administrative system, while the word “region” has been employed in Ukrainian in the sense of a geographical entity which is larger than an oblast and has its own cultural, historical, and natural particularities, such as the Donbas region, Carpathian region, Southern Ukraine region etc. The new proposed terminology is awkward and confusing.

The bill on decentralization states that the territorial community directly or through the community council will manage the communal property, form a budget and control its implementation, adopt programs of social-economic and cultural development and control its implementation; establish local taxes and fees and other local matters in its competencies (article 143). However, the proposed article 142 significantly reduces the competencies of the communities because it stipulates that the state “ensures the commensurability of financial resources and the scope of competencies of organs of local governance” and that “a change in the competency of the organ of local self-governance is made concomitantly with the respective changes in the repartition of financial resources”. What does that mean? According to the Ukrainian philosopher and blogger Serhiy Datsiuk, it means that the state determines the scope of formal competencies of the local governments by equating it with the finances available, and the state itself determines the scope of finances. That is, the state continues to distribute resources to regions “in a manual mode”, without strict rules and principles. Again, it means that the budgets will be formed not from the bottom up but from the top down, which goes against the logic of decentralization.

The bill also stipulates that the raion and oblast councils adopt raion and oblast budgets and “resolves other issues in its competency, determined by the law”. The oblast councils also adopt a regional program of the social-economic and cultural development of the oblast. So, again, what we are talking about here – a region or an oblast? And why is the raion council not involved in the adoption of these programs, only the community and oblast councils?

One paragraph later, the bill stipulates that the law (which law?) delimits powers of local governments on the three levels of self-governance “on the principle of subsidiarity” (art. 143), without explaining what exactly this principle means.

And speaking about elections on the local level, following the old schedule they will take place in October of this year. The elected officials will then carry out the major part of their administrative duties while the central power organs will carry out the reform. New local elections will then take place in October of 2017, and the new local governments, provided for in the bill, will start functioning fully. The question that I have, given the dire economic situation in the country is, why not start implementing the reform now, keeping the current local self-governance organs in place, and then, once the transitional period is over and a new power structure is in place, to call local elections then? I guess an answer to this question, at least partly, maybe that the power holders in Kyiv need to assure the presence of their fellow party members on the local level, especially in the “non-reliable” regions of Southern and Eastern Ukraine, where many of the former Party of Region members (the party, of sorts, of President Yanukovych) work in local councils.

My conclusions, after a long analysis of the proposed bill on decentralization, are that it is not really decentralization but, rather, a reinforcement of the presidential “vertical” power. It is a document written hastily and without clear formulations. It is a document that was pushed through the Verkhovna Rada by President Poroshenko and Prime-Minister Yatsenyuk in order to please their Western allies and to pretend that the current regime in Kyiv is fulfilling its obligations under the Minsk-2 agreement. This document has not been discussed with the representatives of Donetsk and Lugansk, which undermines negotiations which are already practically non-existent and it undermines a possible political solution between Kyiv and Donbas.

As to the roadmap of real decentralization, which Ukraine desperately needs, this bill will need to be significantly improved to remove vague formulations and make the clauses more precise and clear. As it is, the bill is but a variation of the existing administrative-territorial division of Ukraine and a reshuffling of the current legislation. The old adage “the more things change, the more they remain the same” holds true in Ukraine.

Halyna Mokrushyna is currently enrolled in the PhD program in Sociology at the University of Ottawa and a part-time professor. She holds a doctorate in linguistics and MA degree in communication. Her academic interests include: transitional justice; collective memory; ethnic studies; dissent movement in Ukraine; history of Ukraine; sociological thought.  Her doctoral project deals with the memory of Stalinist purges in Ukraine. In the summer of 2013 she travelled to Lviv, Kyiv, Kharkiv and Donetsk to conduct her field research. She is currently working on completing her thesis. She can be reached at halouwins@gmail.com.

August 29, 2015 Posted by | Deception, Timeless or most popular | | Leave a comment

$1.8 bln IMF Ukraine Bailout Funds Discovered in Kolomoyskyi’s Cyprus Kitty

Sputnik | August 29, 2015

A huge chunk of the $17 billion in bailout money the IMF granted to Ukraine in April 2014 has been discovered in a bank account in Cyprus controlled by exiled Ukrainian oligarch Ihor Kolomoyskyi, the German newspaper Deutsche Wirtshafts Nachrichten (DWN) reported on Thursday.

In April last year $3.2 billion was immediately disbursed to Ukraine, and over the following five months, another $4.5 billion was disbursed to the Ukrainian Central Bank in order to stabilize the country’s financial system.

“The money should have been used to stabilize the country’s ailing banks, but $1.8 billion disappeared down murky channels,” writes DWN.

Ihor Kolomoyskyi, the former governor of Dnipropetrovsk, is one of Ukraine’s richest businessmen, with a business empire that includes holdings in the energy, media, aviation, chemical and metalwork industries. At the center of Kolomoyskyi’s wealth is PrivatBank, Ukraine’s largest financial institution, which claimed the bulk – 40 percent – of the bailout money which had been earmarked for stabilizing the banking system.

“Theoretically, the IMF should retain direct control over the distribution of funds. In fact, it seems that the banks chose their own auditors.”

DWN notes that the IMF reported in January 2015 that the equity ratio of Ukraine’s banking system had dropped to 13.8 percent, from 15.9 percent in late June 2014. By February 2015 even PrivatBank had to be saved from bankruptcy, and was given a 62 million Euro two-year loan from the Central Bank.

“So where have the IMF’s billions gone?”

The racket executed by Kolomoyskyi’s PrivatBank was uncovered by the Ukrainian anti-corruption initiative ‘Nashi Groshi,’ meaning ‘our money’ in Ukrainian.

According to Nashi Groshi’s investigations, PrivatBank has connections to 42 Ukrainian companies, which are owned by another 54 offshore companies based in the Caribbean, USA and Cyprus. These companies took out loans from PrivatBank totaling $1.8 billion.

These Ukrainian companies ordered investment products from six foreign suppliers based in the UK, the Virgin Islands and the Caribbean, and then transferred money to a branch of PrivatBank in Cyprus, ostensibly to pay for the products.

The products were then used as collateral for the loans taken out from PrivatBank – however, the overseas suppliers never delivered the goods, and the 42 companies took legal action in court in Dnipropetrovsk, demanding reimbursement for payments made for the goods, and the termination of the loans from Privatbank.

The court’s ruling was the same for all 42 companies; the foreign suppliers should return the money, but the credit agreement with Privatbank remains in place.

“Basically, this was a transaction of $1.8 billion abroad, with the help of fake contracts, the siphoning off of assets and violation of existing laws,” explained journalist Lesya Ivanovna of Nashi Groshi.

In March Kolomoyskyi was dismissed from his position as governor of Dnipropetrovsk after a power struggle with Ukrainian President Petro Poroshenko; the fraud was carried out while he was governor of the region in East-Central Ukraine.

“The whole story with the court case was only necessary to make it look like the bank itself was not involved in the fraud scheme. Officially it now looks like as if the bank has the products, but in reality they were never delivered,” said Ivanovna.

Such business practices have earned Kolomoyskyi a fortune currently estimated by Forbes at $1.27 billion, and were known to investigators beyond Ukraine’s borders; Kolomoyskyi was once banned from entering the US due to suspicions of connections with international organized crime.

Despite these suspicions, it appears that Kolomoyskyi is unlikely to face justice, as he is currently living in exile in the US; he fled Ukraine earlier this year. Ukraine has been granted a further $3.6 billion in debt relief from creditors. Russia, despite its membership in development lending institutions, has refused to contribute funds to Ukraine due to concerns emanating from this and other instances of widespread graft.

August 29, 2015 Posted by | Corruption, Deception | , , , | Leave a comment