Ukraine: Amendments Curtailing Fundamental Rights and Freedoms Passed Into Law

William Gomes, Human Rights Ambassador for Salem-News.com-Jan-21-201

Immediately and unconditionally repeal Law no. 3879, as it curtails fundamental human rights and freedoms in the Ukraine- illiam !icholas "omes # $%&I!"'(!, )*+ - (n ,7 -anuary ./,0, Ukraine1s 2resident 3r 4iktor 5anuko6ych

signed a set of amendments into law which will se6erely restrict human rights and fundamental freedoms in the country. Law no. 3879, 7(n

Ukraine President Viktor Yanukovych

-udiciary and %tatus of -udges and to Salem-News.com 2rocedural Laws with regard to $dditional 3easures to 2rotect %ecurity of *iti8ens9 makes amendments to the *riminal *ode, the *ode of $dministrati6e 2roceedings, the Law on *i6ic $ssociations, the Law on %ecurity %er6ices, the 'a: *ode, the Law on the %tatus of -udges and the Law on 'elecommunications. 'he Ukrainian 2arliament 6oted on the law on ,; -anuary ./,0, in a clear 6iolation of parliamentary procedure. 'he amendments were introduced into parliament on ,0 -anuary ./,0 <y two 32s from the =egional 2arty, 3r 4adym >olesnichenko and 3r 4olodymyr (liynyk. )uring the morning session of parliament on ,; -anuary ./,0, the set of amendments were 6oted on 7in general9, without prior discussion of the general principles or particular articles and without preliminary appro6al of the parliamentary committee. $dditionally, 32s 6oted <y a show of hands rather than <y using the regular electronic 6oting system. It is alleged that the 6otes were counted in a matter of seconds and that an estimation was made <ased on the num<er of 32s in the parliamentary groups. 'he parliamentary session was then closed until 0 ?e<ruary ./,0. !ow that it has 2residential appro6al, the legislation will come into force the day after it has <een pu<lished in two official Ukrainian newspapers. 'he new law reportedly imposes se6ere restrictions on the media and internet, imposes new restrictions on all forms of protest, undermines the acti6ities of non-go6ernmental organisations

William Gomes, Human Rights Ambassador for

#!"(s+ and religious organisations, as well as facilitating impunity within law enforcement <odies. In an echo of the ./,. =ussian law on foreign agents, the law also introduces a re@uirement that !"(s directly or indirectly recei6ing funding from any foreign or international entity or person and also engaging in so-called political acti6ity must register as a 7foreign agent9 with the 3inistry of -ustice. 72olitical acti6ity9 is defined as 7participation in the organisation and hosting of political actions which aim to influence decision-making <y state authorities, to change state policy, or to inform pu<lic opinion with a 6iew to achie6ing these aims9. !"(s which fall under this criteria should register within three months of the enactment of the new law. 'hereafter, they will ha6e to include the la<el 7foreign agent9 in their name, to mark all their pu<lications as 7foreign agent9 and to pay ta:es on any re6enue. A:isting sanctions for charges relating to assem<ly and protest, such as 76iolation of pu<lic order9, 7mass disorder9 and 7resistance to police9 will <e reinforced <y the amendments. 'hey also restrict mo6ing in a column of more than fi6e 6ehiclesB participation in a rally when wearing a mask, helmet or uniformB installation of a tent, stage or any small construction or 6iolation of esta<lished procedure for organising or holding assem<lies. 'he amendments further criminalise a range of actions such as 7e:tremist acti6ity9B insulting police officers or the CudiciaryB the collection and dissemination of personal data of the police and CudiciaryB and <locking the entrance to pri6ate residences or administrati6e <uildings. It has <een suggested that many of these amendments are a knee-Cerk reaction to the recent protests in the Ukraine. 'he Ukrainian 2arliament also e:tended an amnesty to crimes committed <y any person from ., !o6em<er ./,3 until .; )ecem<er ./,3, including offences such as infliction of <odily inCuries, harassment of Cournalists or the a<use of authority. $s a result, pu<lic officials and riot police who were in6ol6ed in physical <rutality against peaceful protesters will <e e:empted from criminal lia<ility. 'he new pro6isions further pro6ide for trial in a<sentia of a defendant. 'he amendments will also se6erely curtail the right to freedom of e:pression in the country. 'hey stipulate that all internet pro6iders must now <e licensed and that internet media must register with the state. ?urther, all telecommunications operators will <e o<liged to <uy and install e@uipment aimed at intercepting data <elonging to their clients at the re@uest of law enforcement officials. 'he !ational *ommission for *ommunications can now order that a we<site <e <locked without a court decision, <ased on 7e:pert opinion9. $dditionally, the purchase of pre-paid mo<ile phone cards will now re@uire that the <uyer register their passport details. 'he amendments also reintroduce criminal lia<ility for defamation in the media or online. &uman =ight $m<assador for %alem-!ews.com , illiam !icholas "omes is concerned that, aside from the flagrant 6iolations of the procedural rules of the Ukrainian 2arliament, the amendments also 6iolate $rticle .. of the Ukrainian *onstitution, which stipulates that the 7content and scope of e:isting rights and freedoms shall not <e diminished <y the adoption of new laws or <y introducing amendments to effecti6e laws9. 'he legislation further undermines the Ukraine1s o<ligations under international human rights law, in particular under the Uni6ersal )eclaration on &uman =ights, the International *o6enant on *i6il and 2olitical =ights and the Auropean *on6ention on &uman =ights. &uman =ights $m<assador for %alem!ews.com condemns the enactment of such draconian legislation as there are serious concerns that it will seriously impact on the work of those defending human rights and fundamental

freedoms in the country. 7 H.E. Mr i!tor "anu!o#$ch %resident ul.&an!o#a$a '' ('))( *$i#, +!raine ,ear Sir, - am William Nicholas Gomes, Human Rights Ambassador for SalemNews.com. .n '/ 0anuar$ )('1, +!raine2s %resident Mr i!tor "anu!o#$ch signed a set of amendments into law which will se#erel$ restrict human rights and fundamental freedoms in the countr$. 3aw no. 45/6, 7.n 0udiciar$ and Status of 0udges and to %rocedural 3aws with regard to Additional Measures to %rotect Securit$ of 8iti9ens: ma!es amendments to the 8riminal 8ode, the 8ode of Administrati#e %roceedings, the 3aw on 8i#ic Associations, the 3aw on Securit$ Ser#ices, the ;a< 8ode, the 3aw on the Status of 0udges and the 3aw on ;elecommunications. ;he +!rainian %arliament #oted on the law on '= 0anuar$ )('1, in a clear #iolation of >arliamentar$ >rocedure. ;he amendments were introduced into >arliament on '1 0anuar$ )('1 b$ two M%s from the Regional %art$, Mr ad$m *olesnichen!o and Mr olod$m$r .li$n$!. ,uring the morning session of >arliament on '= 0anuar$ )('1, the set of amendments were #oted on 7in general:, without >rior discussion of the general >rinci>les or >articular articles and without >reliminar$ a>>ro#al of the >arliamentar$ committee. Additionall$, M%s #oted b$ a show of hands rather than b$ using the regular electronic #oting s$stem. -t is alleged that the #otes were counted in a matter of seconds and that an estimation was made based on the number of M%s in the >arliamentar$ grou>s. ;he >arliamentar$ session was then closed until 1 ?ebruar$ )('1. Now that it has %residential a>>ro#al, the legislation will come into force the da$ after it has been >ublished in two official +!rainian news>a>ers. ;he new law re>ortedl$ im>oses se#ere restrictions on the media and internet, im>oses new restrictions on all forms of >rotest, undermines the acti#ities of non-go#ernmental organisations @NG.sA and religious organisations, as well as facilitating im>unit$ within law enforcement bodies. -n an echo of the )(') Russian law on foreign agents, the law also introduces a reBuirement that NG.s directl$ or indirectl$ recei#ing

funding from an$ foreign or international entit$ or >erson and also engaging in so-called >olitical acti#it$ must register as a 7foreign agent: with the Ministr$ of 0ustice. 7%olitical acti#it$: is defined as 7>artici>ation in the organisation and hosting of >olitical actions which aim to influence decision-ma!ing b$ state authorities, to change state >olic$, or to inform >ublic o>inion with a #iew to achie#ing these aims:. NG.s which fall under this criteria should register within three months of the enactment of the new law. ;hereafter, the$ will ha#e to include the label 7foreign agent: in their name, to mar! all their >ublications as 7foreign agent: and to >a$ ta<es on an$ re#enue. E<isting sanctions for charges relating to assembl$ and >rotest, such as 7#iolation of >ublic order:, 7mass disorder: and 7resistance to >olice: will be reinforced b$ the amendments. ;he$ also restrict mo#ing in a column of more than fi#e #ehiclesC >artici>ation in a rall$ when wearing a mas!, helmet or uniformC installation of a tent, stage or an$ small construction or #iolation of established >rocedure for organising or holding assemblies. ;he amendments further criminalise a range of actions such as 7e<tremist acti#it$:C insulting >olice officers or the Dudiciar$C the collection and dissemination of >ersonal data of the >olice and Dudiciar$C and bloc!ing the entrance to >ri#ate residences or administrati#e buildings. -t has been suggested that man$ of these amendments are a !nee-Der! reaction to the recent >rotests in the +!raine. ;he +!rainian %arliament also e<tended an amnest$ to crimes committed b$ an$ >erson from )' No#ember )('4 until )= ,ecember )('4, including offences such as infliction of bodil$ inDuries, harassment of Dournalists or the abuse of authorit$. As a result, >ublic officials and riot >olice who were in#ol#ed in >h$sical brutalit$ against >eaceful >rotesters will be e<em>ted from criminal liabilit$. ;he new >ro#isions further >ro#ide for trial in absentia of a defendant. ;he amendments will also se#erel$ curtail the right to freedom of e<>ression in the countr$. ;he$ sti>ulate that all internet >ro#iders must now be licensed and that internet media must register with the state. ?urther, all telecommunications o>erators will be obliged to bu$ and install eBui>ment aimed at interce>ting data belonging to their clients at the reBuest of law enforcement officials. ;he National 8ommission for 8ommunications can now order that a website be bloc!ed without a court decision, based on 7e<>ert o>inion:. Additionall$, the >urchase of >re>aid mobile >hone cards will now reBuire that the bu$er register their >ass>ort details. ;he amendments also reintroduce criminal liabilit$ for defamation in the media or online. - am concerned that, aside from the flagrant #iolations of the >rocedural rules of the +!rainian %arliament, the amendments also #iolate Article ))

of the +!rainian 8onstitution, which sti>ulates that the 7content and sco>e of e<isting rights and freedoms shall not be diminished b$ the ado>tion of new laws or b$ introducing amendments to effecti#e laws:. ;he legislation further undermines the +!raine2s obligations under international human rights law, in >articular under the +ni#ersal ,eclaration on Human Rights, the -nternational 8o#enant on 8i#il and %olitical Rights and the Euro>ean 8on#ention on Human Rights. condemn the enactment of such draconian legislation as there are serious concerns that it will seriousl$ im>act on the wor! of those defending human rights and fundamental freedoms in the countr$. - urge the +!rainian authorities toE ,. Immediately and unconditionally repeal Law no. 3879, as it curtails fundamental human rights and freedoms in the UkraineB .. *arry out a thorough, impartial and immediate in6estigation into the human rights 6iolations committed against peaceful protesters from ., !o6em<er ./,3 to .; )ecem<er ./,3, as an amnesty is likely to foster a culture of impunity amongst law enforcement officialsB 3. "uarantee in all circumstances that all human rights defenders in the Ukraine are a<le to carry out their legitimate human rights acti6ities without fear of reprisals and free of all restrictions. "ours sincerel$, William Nicholas Gomes Human Rights Ambassador for Salem-News.com ;witter Fwnicholasgomes www.williamnicholasgomes.com - See more atE htt>EGGwww.frontlinedefenders.orgGnodeG)1/(5GactionHsthash.;.I(MsRl. d>uf