Ukraine SITREP May 25, 2016
Since the beginning of the week the biggest news has been information released by Vladimir Markin, Head of Media Department of the Investigative Committee of the Russian Federation
He stated that over 2000 legal complaints have been filed in ECHR court against the Ukraine regime.
“According to information available to the Investigative Committee of the Russian Federation, since the beginning of the punitive operation in Ukraine’s South-East, displaced persons who were forced to leave their permanent place of residence and arrived to the territory of the Russian Federation filed or are in the process of filing a total of 2,346 complaints to the European Court of Human Rights against the actions of the Ukrainian authorities. Currently 1,191 of the complaints have been received by the court and have been assigned individual docket numbers.
The complete number of claims for compensation total more than 112, 680, 000 euros.
The claims of violations are as follows: violations of the Convention on the protection of human rights and fundamental freedoms (Rome, 04.11.1950), as well as its additional protocols relied on by the applicants complaints of alleged violations of article 2 (right to life), article 3 (prohibition of torture), article 5 (right to liberty and security of person), article 6 (right to a fair trial), article 8 (right to respect for private and family life), article 13 (right to an effective remedy), and article 1 of the additional Protocol (protection of property).”
Back in November 2014, a very important United Nations Committee against Torture took place. Said Committee against Torture considered a report submitted by Ukraine, as follows:
“6 November 2014 – The Committee against Torture today concluded its consideration of the sixth periodic report of Ukraine on its implementation of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Natalia Sevostianova, Government Agent for the European Court of Human Rights, Ministry of Justice of Ukraine, said that the 2012 Criminal Procedure Code, containing the equal right to protection, guarantee of the right to defence and the clear criteria for admissibility of evidence, had destroyed the punishment paradigm.
In March 2014, the Government had adopted the programme of activities of the Cabinet of Ministers aimed at securing the protection of human rights and the institution of free legal aid had been introduced in 2011. Ukraine was taking all possible measures to ensure fundamental rights and freedoms in the territories occupied and annexed by Russia, and it was also conducting investigations into acts of ill treatment, torture, abduction or death.
Committee Experts expressed concern about reported acts of torture and ill-treatment taking place in the territory outside of the State’s control and wondered about measures to address those acts and ensure compliance with international obligations.
Ms. Sevostianova in her concluding remarks thanked the Committee and hoped that Ukraine would not fail to respond to a single act of torture committed in the context of occupation and aggression. “
See the full report here: Committee against Torture considers report of Ukraine
The Chair of the Committee at the time was Claudio Grossman, a lawyer and law professor, and Dean of the Washington College of Law at American University in Washington, D.C..
He is extremely unpopular as a dean, since the law school he heads just experienced a nosedive in ratings. His students have been filing petitions and complains to have him removed.
In August 26, 2015, Deans Philip Weiser (Colorado Law) and Claudio Grossman (American Law) have announced that they will step down from their positions as Law Deans at the end of this school year.
According to the Washington Jewish Week publication, in 2000 AJCommittee was seeking to expand Jewish-Latino ties. “Claudio Grossman, dean of the Washington College of Law at American University, bridges that divide. “We feel at home in both communities,” said the Chilean-born synagogue member, adding, “All of us have relatives in Latin America…When I hear about foreign aid to Latin America, I have a personal attachment.”
Going back to the conclusion drawn by Mr. Grossman on behalf of the United Nations Committee against Torture:
“A national preventive mechanism against torture had been established (in Ukraine) and the Ombudsman verified about one third of detention facilities in the country; as a result of those visits a white book had been produced that set out the problems in the State penitentiary system.”
That was in November 2014, a year later, the ECHR has started receiving legal complaints of torture and inhuman treatments on the territory of Ukraine. People were tortured because they were suspected of being “separatists.” No official charges have even been filed against any of the victims.
ECHR docket entries of the legal complaint against Ukraine alleging violations of the Article 1 § 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
56660/12 | Available only in English | Judgment (Merits and Just Satisfaction) | Court (Fifth Section) | 24/03/2016
Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment Inhuman treatment) (Substantive aspect) Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment) (Substantive aspect);Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment) (Substantive aspect);Non-pecuniary damage – award (Article 41 – Non-pecuniary damage;Just satisfaction)
60426/11 | Available only in English | Judgment (Merits and Just Satisfaction) | Court (Fifth Section) | 11/02/2016
Violation of Article 3 – Prohibition of torture (Article 3 – Torture) (Substantive aspect) Violation of Article 3 – Prohibition of torture (Article 3 – Effective investigation) (Procedural aspect) Non-pecuniary damage – award (Article 41 – Non-pecuniary damage;Just satisfaction)
and so on…
According to RG.RU most complaints are either about military actions targeting the civilian population, or about unlawful detention and torture.
Tamara, a resident of Donetsk, on the 18th of January last year at 8:20 AM when the Ukrainian armed forces started bombing Donetsk, went to grab her sons, ages nine and five yea, to take down to the basement. Further, she remembers just a loud sound and a flash like a lightning. She was hit by falling debris and lost consciousness. When she came around, her elder son was severely wounded and her younger son was dead.
Tamara wants Ukraine, her homeland, to be held responsible for the death of her youngest child, her ruined home, and also for her disability and the disability of her surviving son.
Among people affected by the Kiev regime’s war on the civilian population of the country, there is not one who is military or connected to politics or special services. They are all civilian people, who before Maidan saw war only in movies.
But the most horrific accounts are coming from the citizens of Ukraine who were kidnapped, arrested, captured, and then were lucky enough to survive. Almost all the plaintiffs are severely disabled people at this point. Men and women. You can read dry accounts of their suffering by opening their individual claims. All of their accounts of torture were confirmed by medical evaluations.
All of those who appealed to the ECHR, tried to file criminal complaints with the Ukrainian authorities. In every case, the Ukrainian regime failed to file any formal charges, and/or refused to prosecute.
“I’m a member of the village Council,” says in her complaint a woman named Alexandra, “Our village was occupied by joined forces of the “Right sector”, “Azov” and “Dnepr-1” death squads. At half-past ten in the evening 27 Jan 2015 the Right Sector militants broke down a door and entered my house. All were in balaclavas and with machine guns. They took me outside, tied my hands with duck tape, and pulled a cap over my head and then wrapped my head around with tape, then they pushed me into their car. During the ride they beat me and asked who I work for. These people called themselves “Carrier”, “Mechanic”, “Bear”, and “Donetsk”.
“I was taken to some basement, and they stabbed my face with a knife repeatedly. I noticed something on my face and realized that it was blood. Then they broke out my fingernails to the roots one by one. But it wasn’t enough for them. I kept losing consciousness, when I was coming around, they were beating my head against the wall, and when I fell, they kicked me and stomped on me. They wouldn’t let me to use a toilet. I was laying on a floor in filth with hands tied, and my finders became infected, and puss started seeping from my wounds.”
“I asked to call for a doctor and a attorney, but they told me that doctors were not for separatists. On the eleventh day my hands turned blue, and I really wanted to die. Then they called a doctor, and he painted my hands with brilliant green antiseptic.”
“They dragged me from the basement to the first floor, where walls were covered in blood and bullet holes. They gave me a piece of canned fish and put some dirt on it. I refused to eat, and they laughed at me.
Prior to my kidnapping and torture my weight was 120 kilograms, during nineteen days in captivity I lost 53 kilograms.”
These victims of the Ukrainian regime have neither physical strength, nor the money to travel to the court in Strasbourg. They are being helped by the Charity Foundation “South-East”. It was established on the territory of Russia in December 2014 by the ousted Minister of Interior of Ukraine Vitaly Zakharchenko. It’s main task is to assist to former employees of the interior Ministry of Ukraine, the soldiers and families of special forces “Berkut” and soldiers of Internal troops.
The rg.ru also states that for reasons unknown, the ECHR invited a group of legal experts from Ukraine to sort out cases. Essentially, they gave the complaints into the hands of representatives of the defender. This is considering that prior Kiev refused to accept legal complaints from these Plaintiffs.
Plaintiffs are now saying that they are being threatened in an attempt to bully them into withdrawing their complaints.
According to the rg.ru newspaper, they have the evidence that those legal experts are being paid for the Kiev junta or a.k.a. the Ukrainian government. In ECHR a plaintiff cannot remain anonymous since every application is accompanied by a scanned image of the plaintiff’s passport.
It’s common knowledge that Ukraine is occupied by the US government. Evidence is abundant. From the support of the anti-government Maidan and the Deputy of the US secretary of State and Senators visiting their country and being instrumental in toppling the democratically-elected president, to the CIA headquarters in Kiev, and NATO troops training Ukrainian militants, to the US senate issuing laws and regulations for Ukraine and effectively ruling the country. The United States of America occupies Ukraine dejuro and defacto.
Now, I want to introduce you to the law professor Mark Gibney, a Belk Distinguished Professor, University of North Carolina-Asheville; Raoul Wallenberg Visiting Professor of Human Rights and Humanitarian Law at the Faculty of Law, Lund University and the Raoul Wallenberg Institute.
Mark Gibney is also a specialist in the Holocaust, and a member of Congregation Beth HaTephila: a Reform Congregation in the heart of the Blue Ridge Mountains. He is a Distinguished scholar, and an international authority on the legal implications of Human Rights and Genocide. Dr. Gibney gives speeches on the lessons of the Holocaust and the contemporary context of Genocide.
In February 2015, just four month after the abovementioned US Committee on Torture, Mark Gibney published an article, The Downing of MH17: Russian Responsibility? in Oxford Journal.
This distinct professor was trying to find a way to implement Russia in the MH17 crash.
“… whether the Ukrainian government might be responsible for the downing of MH17 on the basis that this occurred within Ukrainian airspace and jurisdiction is presumed to be exercised normally throughout a state’s recognized territory. However, the ECtHR also noted in Ilascu that this presumption can be rebutted in limited ‘exceptional circumstances’, particularly where a state is prevented from exercising its authority in part of its territory due to such things as a military occupation by the armed forces of another state, which might apply in the present case.”
Give neo-cons a rope long enough they will hang themselves. They just don’t know when to shut up. His whole legal argument is that if a country has been occupied by a foreign country, crimes against humanity committed on the territory of this country could be blamed on the occupier. Ukraine has been occupied by the US. Organizing the “color revolution,” toppling the government, appointing junta members as the country’s new government, having the US senate be fully committed to rule Ukraine, with NATO and the US servicemen training the militants, sending lethal and non-lethal military equipments and so on.
I wonder if the ECHR is so generous in rewarding the Ukrainian citizens favorable decisions against Kiev regime because of two reasons:
- this US installed regime is about to be replaced by the EU appointed regime;
- After the current Nulad regime is being replaced, the EU will place the blame for the crimes against humanly squarely on Washington.
Ukraine SITREP links
- 05.2016 Odessa, March new-Nazis
- Contact Group’s political subgroup will register results of talks on Ukraine
- Russia Chechnya – Trial over several members of UNO-UNCO ended with conviction.
In Chechnya, court convicted members of “UNA-UNSO” after the jury found them guilty of several serious crimes. “Collected evidence accepted by a jury was sufficient for a conviction verdict against members of the gang, consisting of members of the nationalist organization “Ukrainian national Assembly – Ukrainian national self-defence” citizens of Ukraine Nicolay Karpyuk and Stanislav Klyh” (Николая Карпюк и Станислав Клых), – said Vladimir Markin, Head of Media Department of the Investigative Committee of the Russian Federation
Karpyuk and Klyh were found guilty on a number of criminal charges. In particular, “Leadership and participation in a gang”, “Murder of two and more persons in connection with the exercise of their official duty” and “Attempt at murder of two and more persons in connection with the exercise of their official duty.”
The investigation revealed that the convicts had joined the nationalist group UNA-UNSO in the early 1990s on the territory of Ukraine. At the same time they “took an active part in the organization of an armed group, consisting of the most radical members of “UNA-UNSO”.
According to investigators, in the early nineties Karpyuk together with Dmitry Korchinsky and other members of management and members of “UNA-UNSO” arrived from Ukraine to the territory of the Chechen Republic. Together with members of gangs operating on the territory of the Republic they had intended “to attack and murder citizens, soldiers from the armed forces and law enforcement officers”.
Karpyuk led a band called “Viking” together with Alexander Muzychko (now deceased Ukrainian nationalist, formerly known as Sashko Bily). The group included also Klyh Stanislav and Dmitry Yarosh (the former leader of the banned in Russia as extremist organization “Right sector”).
In the period from December 1994 to January 1995, Karpyuk, Klyh, and another of their comrade, Alexander Malofeev took an active part in clashes with the military personnel of armed forces on the territory of the Presidential Palace, the Minute Square and the train station in Grozny. They took the life of at least 30 soldiers and caused the injury to at least 13 military servicemen.
“After all those gangs were defeated, these so-called “fighters” returned to their homeland – the Ukraine – and for a long time waited it out. Apparently, losing vigilance, in 2014, they entered the territory of the Russian Federation, forgetting, perhaps, that we have a principle “nobody is forgotten, nothing is forgotten”, – said Vladimir Markin. – Our intelligence agencies have worked very professionally, detaining them and handed over to investigators”.
- The Mirotvorets (Peacekeeper) website has resumed operation despite protests of the international journalist community
KIEV, May 24. /TASS/. Ukraine’s Mirotvorets (Peacekeeper) website that has resumed operation despite protests of the international journalistic community published on Tuesday a new list of mass media representatives who have received accreditation in the self-proclaimed republics in Donbass
The list has data on almost 300 journalists, including full information on their residence, phone numbers and e-mail addresses. The majority of these people work for foreign mass media outlets. These are journalists from 59 countries, including Austria, Germany, Georgia, Brazil and Iraq. No Russian journalists have been included in the list this time.
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