[...] UNHCR concludes that Ukraine is failing to provide sufficient protection against refoulement, and does not provide asylum-seekers with the opportunity to have their asylum claims considered in an efficient and fair procedure. Ukraine therefore should not be considered as a safe third country. UNHCR further urges States not to return asylum-seekers to Ukraine on this basis.
Download the report here.
Ukrainian Human Rights activist Dmytro Groysman died of a heart failure on August 5, 2013 at the age of 41. Unexpected acquittal was announced posthumously in a trial against him.
On August 12, 2013, a court ruling was delivered in Dmytro Groysman’s case after he died of a heart failure on August 5, 2013 in Kyiv. After 74 court hearings in the trial against Groysman, he was posthumously declared innocent on the ground that his guilt could not be proven. More than 300 Human Rights activists from Ukraine signed a petition to the Chief Public Prosecutor’s Office on the eve of the final court hearing, with a demand to declare Groysman innocent and investigate all trial irregularities (1). Dmytro Groysman was a prominent Ukrainian Human Rights defender who focused in particular on police torture and the situation with refugees and asylum- seekers in Ukraine. Groysman’s investigations continuously exposed local police involvement in crimes such as prostitution. In 2010 a criminal investigation against him has been launched (2) into alleged on-line distribution of pornography. Groysman died only a day before the final court hearing took place. In his last words Groysman spoke about illegal activities of the police, “false witnesses” and “fake experts” (3).
With Dmytro Groysman’s death, Ukrainian civil society has lost one of its most outstanding leaders. His lawyer, Nataliya Gurkovska, told the court on Monday that the criminal investigation aimed at “forcing Groysman to leave Human Rights activism behind, which was finally attained”. She added that the Vinnytsya Human Rights Group, founded by Groysman, will nevertheless continue its work.
Source: PRAVO. Berlin Group for Human Rights in Ukraine, Contact: firstname.lastname@example.org
(1) Petition to the Chief Public Prosecutor’s Office (in Ukrainian)
(2) Protests against the conviction of Dmytro Groysman (in German)
(3) Last words of Dmytro Groysman that were read out to the court after his death (in Ukrainian)
UNHCR Ukraine recently stated (source):
UNHCR is pleased that the draft legislation currently under consideration would bring Ukrainian practices related to migrant detention into line with international and European standards, and encourages lawmakers to positively consider the proposed improvements. In practice, a significant proportion of persons detained for migration-related offenses choose to seek asylum, and therefore are persons of concern to UNHCR. When foreigners are detained for the purposes of deportation, this detention does not service the usual purposes of detention, neither punishment nor deterrence. Punishments for administrative violations, like attempting to cross the border without valid documentation, are available in law, and are usually short (e.g., 15 days administrative detention). When individuals are detained for purposes of deportation, with lengthy periods of detention up to 12 months, the only purpose of that detention is to gather the information and documentation necessary to implement the deportation. Legislation relating to this detention needs to contain procedural safeguards to ensure that this detention serves its purpose, and that the deportation order is actually lawful and enforceable.
Current legislation allows for administrative bodies, such as the State Border Guard Service, to authorize the detention of foreigners, apprehended within controlled border districts during an attempt or after illegal state border crossing at the MCCs, without the guarantee of a speedy judicial review of that decision.
At present, many foreigners are detained for a full twelve months at public expense without any efforts being made to actually implement their deportation. Besides being a questionable use of scarce resources, this situation also violates the provisions of the European Convention on Human Rights, which stipulates that if deportation of an individual is not being implemented by the authorities with due diligence, the detention of that individual becomes unlawful.
Once again, it must be noted that it was the European Union which pushed Ukraine to build up new detention cites and supported (and still supports) the construction and running with (financial) resources, as documented in detail on this website. That after decades of influence of the European Union in the Ukrainian migration regime – with the result of thousands of unlawfully detained (potential) asylum-seekers – only now maybe (!) a law according to the standards of the European Convention on Human Rights will be implemented must be heavily criticized. Should the European Union – the so-called “space of freedom, security and justice” not take care about that before pushing and supporting Ukraine to detain (potential) irregular border crossers for up to twelve month?
Kyiv City Administration is planning to close the Refugee Integration Centre, which has been operating since 1998. The Centre is a unique institution where children and adults can find not only legal and psychological assistance but also home.
Since 2010 Kyiv City Administration has attempted to make the Centre vacate its premises without offering an alternative. In April 2013 Kyiv City Administration started court proceedings against the Centre without presenting credible housing arguments. The closure of the center does not comply with Geneva Refugee Convention ratified by Ukraine in 2002. Moreover, it is against the Refugee Integration Plan adopted by Ukraine’s Government in 2012. On 29 May 2013, 80 refugees from different counties and human rights activists participated in a protest against the threat of Centre closure organized in front of the State Migration Service head office in Kiev.
On this occasion, as well as on the occasion of the World Refugee Day (20 June) PRAVO. Berlin Group for Human Rights in Ukraine has held a panel discussion in Berlin on 21 June 2013. Iryna Fedorovych, Co-coordinator of the project “No Borders” based at Kyiv Social Centre, emphasized the importance of the Centre for refugees in Ukraine as well as the necessity to amend current EU migration policies in order to ensure a human rights-based approach in treatment of refugees. She also explained that although Ukraine receives EU funding, most of it is spent on strengthening its border controls and refugee repatriation; hardly any funds are allocated to improving living conditions of refugees. Furthermore, numerous gaps in the implementation of refugee protection law combined with the absence of the state of law, has a negative impact on the lives of refugees and asylum seekers in Ukraine.
At the moment more than half of all refugees and asylum seekers on Ukraine’s territory live in Kyiv. According to the information provided by the Ukrainian charity “Rokada”, which has run the Refugee Centre in Kyiv since 2003, these are around 2.000 refugees and asylum-seekers, including 200 children.
PRAVO. Berlin Group for Human Rights in Ukraine points up the crucial importance of the Refugee Integration Centre in Ukraine and urges Kyiv City Administration to find a consensus-based solution and support the work of the Centre.
Contact: email@example.com; www.humanrightsinua.de
On 14th March, Rohantan lost his life at the age of 28 while attempting to cross the border from Ukraine to Slovakia. He had left home to get to Europe with the aim to support his two sisters and his handicapped mother in Sri Lanka. He died whilst seeking a source of income and safety in the European Union.
His death is directly related to the immigration restrictions of the EU, to tight border controls, to outsourcing such controls to Ukraine and to agencies like IOM, ICMPD and UNHCR who are commissioned with some of these tasks. These do not permit Rohantan to pursue his aspirations and commitments.
Rohantan is thus another victim of the externalised EU border regime whose deadly consequences can be observed day by day in the Mediterranean.
We mourn for Rohantan!
Our deepest sympathy is with his family!
Border Monitoring Project Ukraine
In December 2012, UNHCR Ukraine published a statement concerning the newly-adopted amendments in Ukraine. UNHCR states, that these
amendments to the Law on the State Border Guard Service of Ukraine give the State Border Guard Service the power to authorize the detention of foreigners and stateless persons in the Migrant Custody Centre, if the individuals were detained in the border regions while attempting or making an illegal border crossing. Until now, such detentions have been authorized by a court, not an administrative body, and this is the better approach. According to the Ukrainian constitution, detention should be authorized by a court (Art. 29), and European human rights law reinforces this norm, which is a fundamental guarantee for individual liberty.
Continue reading ‘Migrants can be detained without court decisions’
Although Ukraine has seen a steady decrease in the numbers of arriving and transiting migrants in recent years, EU policymakers remain fixated on the country as a stepping stone into Europe. A case in point is the enormous sums of money Europe has spent to boost its detention capacity. In 2011, 30 million Euros were allocated to build nine new detention centres in Ukraine, reportedly with the aim of locking up “readmitted” migrants sent by EU countries. However, even Ukraine’s Accounting Chamber, a parliamentary body that oversees the use of the national budget, has contended that the country’s existing migrant detention capacity exceeds its needs, pointing out that there are two guards for every detainee. Complementing Ukraine’s growing detention infrastructure have been a slate of new laws aimed in part at regulating the treatment of non-citizens in the country, including the adoption of new immigration legislation in 2011. Some observers have pointed to detention-related gaps in the new law, including its failure to prohibit the common practice of re-arresting migrants upon release and detaining them again for the maximum period allowed. For more information click the picture. Find a map of Ukrainian detention centres and detailed information here.
Olaolu Sunkanmi Femi, a Nigerian student studying in Taras Shevchenko Lugansk National University, had been attacked because of his skin color by a group of local youth, and tried to defend himself and his friend. He managed to resist the attackers with a broken bottle, inflicting only light injuries (and this has been proven by official assessment) – several skin cuts, with no grave consequences. But he is charged now with attempted murder and hooliganism, which means he might spend 10 years to life behind bars in Ukraine. Mother of one of the attackers, by “coincidence”, works as a criminal police investigation officer in the police station which investigated the incident.
Background information can be found here and here.
Sign the online-petition here.
Make a photo of yourself with a statement supporting Femi and post it on Facebook.
Some weeks ago, a press-article on the “Zhuravychi Migrant Accommodation Centre” was published. In this Detention Centre mainly Somali detainees started a hunger strike in the beginning of this year and called for their immediate release. According to the report, 98 persons are still imprisoned. Under them are 36 Somali citizens, 21 Afghans and 7 Moldavians. This means, that Ukraine is still violating the rights especially of Somali refugees, guaranteed inter alia in the European Convention on Human Rights. BMPU spoke to former hunger striker, who now stays in a neighboring EU-member state.
Continue reading ‘Interview with a former hunger striker’