The particpants of the “Transborder conference”, which took place from the 15th – 18th March in Istanbul sent a gereeting to them:

We, the people at the Transborder conference in Istanbul March 15th – 18th, extend our support and solidarity to Somalis detained illegally and unjustly in Lutsk and Chernigiv prisons. We support your courageous hunger strike and we support your struggle for freedom, the right to residence permits and an end to police extortion, harassment and repeated arrests of asylum seekers in Ukraine. Keep up your courage and determination, we are with you and will continue to be with you until you are all released.

Signitures:
All Included Amsterdam (Netherlands), Afrique Europe Interact (Transnational), Infomobile (Transnational),  Welcome to Europe (Transnational),  Solidarity with migrants group (Bulgaria), Zoltán Somogyvári (Hungary), Stifung :do (Germany), Aracem (Mali), Marmite aux idées (France), Pro Asyl (Germany), Lilla Zentai (Hungary), Natasha King (UK), ABCDS (Morocco),  Bordermonitoring.eu, No Borders Project – Social Action Centre (Ukraine),  CAMZ (Ukraine), Fasti (France), Femmes en lutte (France), Sabine Eckart – Medico International (Germany), Borderline.europe (Germany),  Network of Social Support to Immigrants and Refugees (Greece), Network for Social and Political Rights (Greece), Forum tunisien des droits économiques et sociaux (Tunesia), Migreurop (France), Migrant Solidarity Network Istanbul (Turkey), Committee to support Somalis in Lutsk and Chernigiv detention centres (Transnational)

Furhtermore, Barbara Lochbihler (chair of the Subcommittee on Human Rights of the European Parliament) sent an official request to the European Commission:

Crurrently the International Organization for Migration Migration (IOM) is implementing the SIREADA-Project, which was supported with almost 2.4 Million EUR by the European Union and the Austrian minister of interior. Declared goal of this project is „humanitarian assistance for migrant detainees in Moldova and Ukraine“. Furthermore the „International Centre for Migration Policy Delopment“ implemented the ERIT-Project, which was supported with almost 1.75 Million EUR. In this regard ICMPD is writing: „Technical support in the amount of 140 thousand Euro has been recently provided to two detention centres in Rozsudiv (Chernigov oblast) and Zhuravichi (Volyn oblast) under the GDISC ERIT project. That was in addition to substantial financial assistance of the EU to the Ministry of Internal Affairs of Ukraine for actual establishment of those facilities in 2008“. According to statements by UNHCR, Human Rights Watch, Amnesty International and the Ukrainian Refugee Council Somalian Refugees started a hunger strike in Rozsudiv (Chernigov oblast) and Zhuravichi (Volyn oblast) in the beginning of 2012 to draw attention to their situation. Furthermore the are reports concerning mistreatment by Ukrainian security forces. Concerning the detention of the Somalian Refugees UNCHR is talking about a potential violation of article 5 European Convention on Human Rights.

• What findings has the European Commission concerning the detention of Somalian refugees in the above mentioned places and the hunger strike resulting out of it?
• What is the opinion of the European Commission concerning the statement of UNHCR that the detention of Somalian refugees is a potential violation of article 5 European Convention of Human Rights?
• What is the opinion of the European Commission concerning the efforts made by IOM and ICMPD to establish and run the mentioned places? Does the European Commission think, that the mentioned projects are actually helping to reduce or avoid violations of Human Rights of the detained Somalian refugees?
• What is the European Commission doing to be sure, that corruption, which is widely spread in the Ukrainian Migration and Asylum-system (documented by Organisations like HRW or BMPU) is not taking place in projects funded by the European Union?

Untill now the European Commission did not answer these questions. When we receive answers, we will publish them on this website.

Call for international solidarity – Demonstrations took place in London, Frankfurt, Berlin and Munich. Find the reports and photos here. Furthermore, there was a demonstration in Kyiv.

Support the hunger strikers by joining the mail/fax campaign!

Statements by Ukrainian Refugee Council: No. 1 and No. 2 and No. 3

Statements by Amnesty International: No. 1 and No. 2 and No. 3

Statements by UNHCR: No. 1 and No. 2 and No. 3

Statements by Human Rights Watch: No. 1 and No. 2

Statement by Rebecca Harms (Member of the European Parliament)

1. Updates

2. What has happend so far

3. Background Information

1. Updates

• 17.2.2012: Somalis detained at Lutsk and Chernigiv end their hunger strike. The international campaign to obtain international protection and release continues! Somali hunger strikers at two detention centres in Ukraine announced the end of their hunger strike through a statement from the Ukrainian Refugee Council (URC) on 17th February. The URC stated that both the Ukrainian Government and the judiciary are failing to apply international human rights law in relation to the hunger strikers. The URC called for the granting of either refugee status or complementary protection to the Somali hunger strikers and their immediate release.The international campaign supporting the hunger strikers asks you to continue the support that you have been giving. The campaign carries on until the detainees are released and granted international protection.The Hunger Striker Statement: “We, the Somali hunger strikers in Lutsk and Chernigiv detention centres have decided to end our hunger strike today after nearly 6 weeks.We have decided to fill in the application forms for international protection as we understand that the Government has now agreed that no Somali who claims asylum will be treated as ‘manifestly unfounded’ and rejected without proper consideration of their application – as has been the case up to now. The Ukrainian Government and the Ukrainian State Migration Service know that Somalis should be granted refugee status under the Refugee Convention or complementary protection under Article 3 of the European Convention on Human Rights. We will also be lodging appeals against our detention in the Ukrainian courts. The Government of Ukraine and Ukrainian State Migration Service are well aware that our detention is illegal on the basis of the legal arguments laid out in statements from the Ukrainian Refugee Council, the United Nations High Commissioner for Refugees, Amnesty International and Human Rights Watch. We expect  the Ukrainian courts to overturn the decisions to detain us and that the Government provide us with documentation to prevent further police harassment and extortion.We thank all those who have supported our hunger strike from Ukraine and across the world. We ask for your continued support for all asylum seekers in Ukraine who are struggling to end the violation of human rights in this country.”

• 10.2.2012: Latest news from the hunger strikers: „Lots of people are sick. One guy has TB and he was with us. Other people from ex Soviet Union countries have a disease which effects the liver. Probably hepatitis. The guy with TB has been taken to hospital. The three guys with hepatitis have been kept here. We are all saying they should not be left here. The heating is the same. We have ice inside the windows. We have one blanket, one mattress and one sheet each. We sleep with trousers and jacket on. None of the people have appeals in court against detention. Some have not actually been in a court. They remain outside the court and they are told that they have been given 12 months. Some have no idea what a lawyer is. Everybody says they have no lawyer.“ Concering continuning the hunger strike, they said: „We are not giving up. Ukraine is violating international law. Maybe the police will come and force us to eat. But this is something from out of our hearts and we are just waiting until we get something better.“

• 9.2.2012: Hunger strikers said: „We are OK. Only those who are sick are not. One of them is serious. Throat and mouth problem. He has fever. No doctor has seen him. No one is in isolation today. We spoke to the women yesterday and they were OK. The two women are out of isolation. 8 people on hunger strike were deported from Slovakia. The rest was arrested in Vinnitsya, Lyviv, Ternobil and Ushgorod. Some from Mukachevo camp. In one case, the police caught a Somali and took him to Chop. They took pictures of him and said ‘You have crossed the border’. They then asked for money. We have heard that the border guards get bonuses if they catch people at the border. Now they say ‘We can’t deport you so we detain you for 12 months instead.’

• 3.2.2012: Apart from Lutski detention centre, there are 25 Somalis (24 men / 1 woman) on hunger strike in Chernigiv detention centre [the second EU-funded detention centre in Ukraine]. All together, there are 44 migrants detained in Chernigiv rigth now. Other detainees are from Cameron, Sudan, Nigeria and Guinea. 13 of the hunger strikers were arrested in Vinnitsya, 12 close to the border to Slovakia. Chernigiv hunger strikers reported, that some of them were arrested in Uzhgorod and then brought to the border by police. Then police took photos to „prove“ that they have tried to cross the border informally. All of the hunger strikers have to stay in Chernigiv for 12 month. There are 5 Somalian minors in Chernigiv detetnion centre, the rest is around 20 years old. Asked about the reasons for being detained, Chernigiv hunger strikers said, that hey don´t know. Detainees from Vinnitsya told, that they went to migration office, were arrested there by police and then taken to Chernigiv detention centre. Till now, they were not visitied by Ukrainian authorities or representatives of international organizations. One of the hunger strikers explained: „We will continue until we die or our situation changes.“
• 3.2.2012:  Women in Lutski detention centre explained, that 11 Somalian women are still on hunger strike, 2 of them are seriously ill. They do not work outside anymore, they have to clean inside the detention centre. If they refuse, they are threaten with being taken to an isolation cell. Furthermore they said, that administration switched of the heaters and they are not allowed to use the washing-machine anymore and have to wash their clothes by hand. Furthermore they are threatened with being taken to Chernigiv detention centre.
• 2.2.2012: UNO will check how Ukraine holds refugees.
• 2.2.2012: On Monday, the 6th of February a demonstration will take place in front of the Ukrainian embassy in London. Find the call here.
• 1.2.2012: Yesterday the hunger strikers were visited by the chief of Ukrainian Migration Service. He came from Kyiv. He told Somalis that as soon as they wrote the application on complementary protection they would be recognized as refugees. Application forms were distributed by the staff of detention centre. The chief told that he would come and take application in 10 days. In general, there are 23 applications have been accepted, but not only from Somalis. Persons of different nationalities applied. Hunger strikers think that they have a limit of submitted application. Furthermore one of the hunger strikers said: “And the reason that we are doing this is to return to our country or to get humanitarian aid. And the main problem is if you become free in here they will re-arrest you again because you are without document.”
• 31.1.2012: Latest report from the hunger strikers: “The police are here and are still carrying their guns. There are less of them. Some have left. About 10 of them have left. They don’t talk to us. They just looked at us today. We stayed in our rooms. We were told to get food or we would get beaten up and down if the remaining people didn’t go to food. It is just like a military camp here, not a detention centre.The young men and women went to food last night because of threats. One woman said a guard came to her and was very aggressive, using very abusive language. They didn’t go to food but 2 or 3 went today as they are very afraid. The problem is the police. They are big men with huge sticks.”
• 31.1.2012: Amnesty International: URGENT ACTION – Ukraine: Asylum-seekers detained and ill-treated.
• 31.1.2012: Latest press release from UNCHR – Situation of the asylum-seekers at the detention centres for foreign nationals in Volyn and Chernigiv regions.
• 31.1.2012: Human Rights Watch -  Open Letter regarding the Arbitrary Detention of Somali Asylum Seekers.
• 30.1.2012: From the hunger strikers we have just had the following report: “We have had some problems today. At about 1:00pm about 20 policemen came into the detention centre. When the police came we were shocked and confused, we are not criminals. They wore masks and had teargas, guns and pistols. They led us out of our rooms and then searched the rooms. They collected some personal things. Some of us were punched by hand, others kicked by boots, and others hit by sticks. They threatened us saying that we have to go to the dining room and eat. They forced some of the boys to eat. The boys went to the dining room, saying “these people will kill us”. Ten of the boys went to the dining room and the police took some pictures of the boys eating. We think the Government want to use the pictures for propaganda. The Government also want to provoke us so we fight and they can see we are hooligans. The policemen are still here in Lutsk, and we don’t know if they are temporary or permanent.”
• 28.1.2012: One of the hunger strikers explained: „Now we are in our rooms for three weeks. We just think and think. One guy has become abnormal just thinking all day. I think he has a problem. He gets angry easily and he talks to himself. He had nine months of detention now.  There is absolutely nothing to do. We just sit and chat amongst the Somalians. We have 125 people here. The children here do not have any education. All the children came after me but they stay here for 12 months. Some mums are still breastfeeding. They say it is the decision of the court. They even detain pregnant women. Last year there was Kurdish woman. She was 8 months pregnant with her husband. The baby died. She finished the 6 months. She gave birth in the hospital  -  there the baby died. She came back after one night in the hospital.“ Concerning Chernigiv detention centre [the second long-term, EU-funded detention center in Ukraine] he said: „Four of the Somalis there had rejection and one said that he only applied three weeks ago. They are on hunger strike as well. The guards force them to go the dining room while the others are eating. There is 600 meters from the dormitory to the dining room.  There is also a guy who is badly sick. He has liver and lung problem. He can’t stop when he goes to the toilet. They asked for him to go the hospital. We need a doctor for him.  The women in Lutsk are OK except for the woman who as sick. In Chernigiv are 19 men from Somalia and one woman.“
• 27.1.2012: In Vinnitsya there are more people who are getting rejections under the new law. There are a large number of rejections being prepared for next week. One person who already got the rejection said there was a pile of 100 rejections. Concerning the Government allegation that the hunger strikers have stores of food hunger strikers explained: „As for the food, let the Government come to Lutsk. The URC has applied to enter Lutsk but no response. Somalians cannot send food without documents anyway.“ One guy with the spots (rash) was taken to hospital. He is now back. The women are OK but two of them are sick: „The woman who was returned is very sick and fell down. You have to pay for medicine. It is a village hospital here in Lutsk. There was a better doctor who was good but he was chased away after we started the hunger strike.“ Concering childreen hunger strikers said: „There are Afghan children here. Young kids. 3,4,5 years old. I don’t know how many. Some are as young as two months. The children are detained with their mothers and father for 12 months.“
• 26.1.2012: One person felt down today. They took him to the hospital and the doctor asked what happened to him. He told the problem to the doctor and she said [to the guards] unless you feed him then don’t bring him here. Concerning the Government claim that a new law is existing which has just come into effect, hunger strikers said, that they found out today that 24 people in Vinnitsya have got rejection after the new law is in place. Police is still arresting Somalians: Hunger strikers get the information, that a Somalian woman was taken to Chernigiv detention centre today. She was taken from her room and given 12 months. Already last week, another 8 Somalians were arrested and taken to Chernigiv detention centre. In Chernigiv detention centre there are bad communications as they take the phones after a few hours. There were problems with the guards last week in Chernigiv detention centre. Furthermore, hunger strikers explaind, that beside them, Eritreans, Libyans, Bangladeshis, Afghans and persons from Ex-Soviet-Union countries are detained in Lutsk detention centre.
• 25.1.2012: Hunger strikers said, that they will not give up. They didn´t see the TV crew, which was visiting Lutsk. They would have talked to them, so that they can explain why they are on hunger strike. Concerting the Government claim that they are all eating their own food in their rooms they answered: „How can you store food for 58 people on hunger strike? The Government is lying about us eating, everyone is weak and tired.“
• 24.1.2012: Hunger strikers say, that things are getting worse, they are lying on their beds. One person was taken to hospital today and they have brought him back. The woman who went to hospital has been brought back also. It is only a local hospital. The person who was taken and brought back today is with them again. They didn’t tell him anything. They gave him some tablets. Another person is urinating blood. They don’t know why this is. Asked about lawyers, hunger strikers say, that once you get in Lutsk detention centre you get no lawyer. If you do, it will not help you. Asked about complementary protection forms, hunger strikers say, that nothing has been given to them.
• 23.1.2012: Hunger strikers explained that most of them have state rejection and court rejection. The Vinnitsya detainees were arrested and taken to court. They could not contact anyone as they had their mobiles taken. 20 people were taken to court. There were no lawyers. They all got 12 months. One had just got out of detention 4 months before and the judge said you must go in for 12 months. Furthermore, the hunger strikers say, that if the administration says that they are buying food and living on it, that is not true. They don’t have money. When they arrive any money is kept by the administration.
• 23.1.2012: Rebecca Harms (member of the European Parliament) sent a letter to the Minister of Internal Affairs of Ukraine (Vitaly Yurievich Zkharchenko).
• 23.1.2012: The Border Monitoring Project Ukraine (Transnational), Pro Asyl (Germany) and the Helsinki Committee (Hungary) sent a common statement to Members of the European Parliament.
• 23.1.2012: Ukrainian TV – “57 Somalis went on hunger strike in Volyn Temporary Holding Facility”. Find the translated article here. The video in Ukrainian is available here.
• 22.1.2012: Hunger strikers reported, that the sick persons are still in the detention centre. The nurse just measures their blood pressure. Even the machine doesn’t work. The facilites are very poor. Three persons are having a rash on their bodies. Something is coming out of their thighs, neck and buttocks. It is like a pimple with water in it. There is infection and they are all in the same place.
• 21.1.2012: Volyn Post: Somalis´ hunger strike is “play to audience”. Find the translated ariticle here.
• 20.1.2012: Press release about the hunger strike published by UNHCR.
• 20.1.2012: Article published by the newspaper “Kyiv Post”: Ukraine urged to release Somali refugees.
• 20.1.2012: Open appeal concerning the situation of  asylum seekers from Somalia published by the Ukrainian Refugee Council.
• 20.1.2012: Women in hunger stike say they have headaches and are having breathing problems. The woman who was taken to hospital was removed from Lutsk Detention Centre in the middle of the night while the women were asleep.
• 19.1.2012: Press release published by amnesty international: “Ukraine must release Somali asylum-seekers”
• 19.1.2012: The under-age Somali woman is still in hospital. Furthermore, detainees report that especially the health situation of the under-age detainees becomes more and more critical. Hunger strikers asked administration to take four persons to hospital, which was refused. In the opinion of the hunger strikers, administration is doing this because they don’t want the hunger strike to become public.
• 18.1.2012: Detainees continue the hunger strike. Today, an under-age Somali  woman was taken to Lutsk hospital as she was weakened by the hunger strike. Detainees wrote a letter to the Ukrainian President two days ago and today, another one to explain their demands. Till now, neither the Ukrainian Government nor the International Organization for Migration (IOM) nor the Delegation of the European Commission to Ukraine contacted the hunger strikers to listen to them.

2. Summery of what has happened so far:

58 Somalians have been on hunger strike since 6th January in the Lutsk detention centre with another 15 reportedly on hunger strike in another detention centre at Chernigiv. 13 of the hunger strikers are women (7 of whom are under the age of 18). 17 of the men are also under 18.

The hunger strikers say that one 17 year old boy is very ill and in a separate room and had not been examined by a doctor. Furthermore the hunger strikers say they are detained in an asylum system which is profoundly unjust. They say that Somalians are always refused asylum in Ukraine and if they try to cross into the EU they are bounced back into Ukraine and detained. The hunger strikers say that they are subject to police harassment and corruption and can be detained by the authorities for periods of 12 months if they don’t have a temporary permit to stay legally in Ukraine. They say that an asylum seeker can be re-detained within a short period after release and then faces another 12 months in detention. Some of the hunger strikers have been in Ukraine for 5 or 6 years before they were detained. Some have been detained more then once.

Their demands to the Ukrainian Government are:
1) Somalian asylum seekers are granted asylum status in Ukraine.
2) They are released from detention.
3) Asylum seekers are to be provided with documents so they cannot be arrested.
4) There is an end to the police harassment of asylum seekers.
5) No asylum seeker is to face re-arrest after a period of detention.

Ukraine’s asylum procedure is in chaos. The arbitrary detention of the hunger strikers is just one more way in which the rule of law is ignored in Ukraine. Recent asylum laws created a new Government department to examine asylum applications, but failed to give it authority to act, while the old department was dismantled. As a result, asylum seekers cannot make asylum applications so they cannot get temporary residence permits and so become illegal.

Asylum seekers who were already in the system often cannot obtain an extension of their temporary permits and are therefore subject to arrest as they become illegal. No decisions on refugee status are being made and asylum appeals are postponed as the new Government department is not recognised by judges. Even those who have been granted refugee status in the past are often not receiving their residence permits – re-issued each year – and so become illegal.

The Government has increased the penalty for being without temporary residence documents from 6 to 12 months detention. Asylum seekers in Ukraine cannot work and do not receive financial support while they await the decision on their application.

The hunger strikers ask everyone to publicise and raise support for their demands as widely and as quickly as possible. If you are in the EU, please raise this with your parliamentary representative or Member of the European Parliament as Ukraine is sensitive to EU pressure.

3. Background Information:

The role of the European Union

Following the introduction of a readmission agreement between the European Union and Ukraine, two detention centres were built in 2008 with financial support of the European Union. The project under which this was done was implemented by the International Organization for Migration (IOM) and was called “Capacity Building in Migration Management” (CBMM). The total budget of the project was EUR 7,2 million, provided by the EU-program “TACIS”. The CBMM follow-up project was called “GUMIRA” and was implemented from January 2009 till March 2011 by IOM as well. The budget of this project was EUR 2,5 million spent by the European Union and another EUR 100.000 spent by the German Government. One of the objectives of the GUMIRA project was, according to the IOM, to safeguard human rights of irregular migrants detained in Ukraine and Moldova and to improve to quality of  and access to medical, legal and social services detained at MACs  [Migrant Accommodation Centres] and THFs [Temporary Holding Facilities] in Ukraine (source). Currently, the IOM is implementing the project “SIREADA” (total budget EUR 2,377,205). As explained by the IOM, one aim of this project is humanitarian assistance for migrant detainees in Moldova and Ukraine. Obviously, all these efforts failed.

Beside IOM the “International Centre for Migration Policy Development” (ICMPD) implemented the so called “ERIT“-project (Effectively Respond to Irregular Transit-Migration). The total budget of this project was EUR 1.745.174,69, provided by the EU’s AENEAS programme. Project module 4 of the ERIT-project focused on detention centres. Inter alia,

Technical support in the amount of 140 thousand Euro has been recently provided to two detention centres in Rozsudiv (Chernigov oblast) and Zhuravichi (Volyn oblast) [Lutsk detention centre] under the GDISC ERIT project. That was in addition to substantial financial assistance of the EU to the Ministry of Internal Affairs of Ukraine for actual establishment of those facilities in 2008. (Source)

In addition to the workshop in Zhuravichi detention centre, the Czech experts met with the local technical consultant contracted by GDISC ERIT to elaborate a comprehensive plan for a security perimeter protection system for the Zhuravichi centre (…). During the workshops conducted in Rozsudiv and Zhuravichi the experts built on the experience shared during the previous activities. More attention was given to specific situations in detention centres such as handling problematic groups of migrants, crisis situations and their prevention. (Source)

The reasons for being detained in Ukraine

As described in the BMPU report, a lot of the detainees were refouled [returned illegally] from Hungary or Slovakia within 24 hours before they were imprisoned in the detention centres. These findings were confirmed in reports published by other organizations like Human Rights Watch. Furthermore, 30 Somalis were arrested in Vinnytza in December 2011 and taken to detention. Ignoring the fact that there is no functioning asylum system in Ukraine and even that Ukraine (like all the EU-Countries) is not able to deport to Somalia, Somalis (and others) are kept in detention for twelve months and are then released without any legal status.

Zhuravychi [Lutsk] Detention Centre

The Zhuravychi detention centre [migrants call it "Lutsk detention centre"] is located here. Zhuravychi detention centre has a total capacity of 181 places and was established in September 2008. The Jesuit Refugee Service states in its report “No other option – Testimonies from asylum seekers living in Ukraine“:

When irregular migrants are apprehended in Ukraine, Zhuravychi Detention Centre is where they stay for up to six months [recently prolonged to 12 month]. Located 45 km outside of Lutsk, its lack of accessibility becomes a deterrent to visitors – the major highway reaching Lutsk is laden with potholes, and the centre is in the middle of a forest that is far away from anything.  This makes it difficult for lawyers, interpreters and officials to get there, which limits the amount of help that people seeking protection can receive. The buildings are new and in good condition, thanks to EU funding, but barbed wire fencing reminds you that this is a detention centre. Most of the persons detained at Zhuravychi are from Afghanistan and Somalia, but there are multiple nationalities represented there as well. (…). The EU, in their bilateral agreements with Ukraine, pays for the construction of the detention centres that are in line with EU standards, while Ukraine pays for all of the operational costs. However, as observed by those interviewed, the state has neglected its responsibility to maintain the centres. As a consequence there is a lack of food and basic items for detainees. The government allocated money for food only in 2010, but even this does not necessarily guarantee sufficient funding. “Zhuravychi can hold up to 150 people, but because we can only afford to feed 40 people, we can never reach full capacity here,” a Zhuravychi spokesman said. IOM has provided supplemental funding for food, but this funding will not last more than a few years. Another consequence is the lack of social services for those who are detained. There is nothing to provide them with the necessary mental, social and medical support that they need after having left their homeland and endured time in detention.

After being released from detention

There is even the risk that former detainees are detained again shortly after they have been released. The administrator of Lutsk Detention Centere – cited in the above mentioned Human Rights Watch report – explains:

The papers we give have no legal power. They are informative documents that tell the person who reads it that the person holding the paper is on the way to his embassy. If that person is caught three days later in Chop, we will know that he is not trying to get to his embassy, and we can arrest him again.

Furthermore a Somali man – cited in the recently published BMPU report on corruption – describes:

In Lutsk there is no way to pay, when you have finished your six months they release [you] without documents, they give you little paper but if the police controls you, you will be arrested, police will arrest you in Lutsk city. It is like this: you have to talk to soldiers, ›tomorrow I will be free‹, you must pay at least $ 300, the soldier then drives you wherever you want, they drive in their uniform, so that the police does not stop them, but they drive with their private car, not in an official car. To Vinnitsa it  is 350 kilometres, so that takes about 7, 8 hours, the bus [to Lutsk and on to Vinnitsa] is only $ 20 or so but it is not safe.

Violation of International Human Rights Law

According to international law, a refugee must be given the opportunity that his claim is proven under fair and comprehensible conditions. In addition, detention of a migrant because of his foreseen deportation is only legal if it is generally possible to deport him and if serious efforts are made by the state to organise the deportation. In the case of deportations to Somalia, this is obviously not possible. De facto, the European Union helped to establish Detention Centres in Ukraine which are used to treat migrants in a way that is not in line with international human rights laws like the European Convention on Human Rights. This assessment is shared by the UNHCR:

Many of the persons on hunger strike are from Somalia.  The vast majority of these persons should not be in detention for purposes of deportation, as the European Court of Human Rights has held that deportation to Mogadishu would expose a person to torture, inhuman or degrading treatment, in violation of Art. 3 of the European Convention on Human Rights, with only very limited exceptions (see the decision in Sufi and Elmi v. UK).  These persons should receive refugee status or complementary protection in Ukraine.  Their detention serves no legitimate purpose, a violation of Art. 5 of the European Convention on Human Rights.

Dysfunctional Asylum System 

Out of the BMPU report on corruption:

From 1997 to 2007, 17,245 applications for asylum were filed in Ukraine. Applications peaked in 1997, dropped to 457 in 2002, increased to 2,237 in 2008 and dropped again to 1,500 asylum-seekers in 2010. From 2001, recognition rates dropped and are now very low; since 2002, only 285 or 3 percent of all applicants were granted refugee status (…). For several long periods, in 2001/2, 2006/7 and more recently from July 2009 to July 2010, the migration service was dysfunctional and no decisions on asylum claims were made. During these periods there was no regular access to RSD procedures and applicants where left in limbo.

UNHCR recently states:

UNHCR notes an increase in of appeals for protection from asylum-seekers who are effectively denied access to international protection in Ukraine and who have no remedies to their legitimate claims. This directs many to attempt to cross borders into countries where they hope to find more respect for internationally recognized human rights.

New detention centres planned

Official numbers on migrants in detention in Ukraine and statistics about their countries of origin can be found in this report. Scandalously it is even planned to construct two new long-term detention centres in Ukraine with EU funds (euphemistically called “Migrant Accomodation Centres”) at the moment. Already in 2007, the European Commission has allocated EUR 30 million under its ENPI national program for Ukraine, amongst other to build up new detention centres.

Going to EU-member states

Because of the overall situation in Ukraine, a big part of the Somalis Community  (and also other groups) see their only chance in trying to reach EU countries and to apply for asylum there. The BMPU was informed about the case of a Somali who is — for the sixth time now — in detention because he tried to cross the border to the European Union.

Ukraine as a buffer zone

This example clearly shows the main interest behind the “support” of Ukraine by the European Union. Ukraine should become an increasingly efficient buffer zone for EU borders to prevent refugees and migrants from entering EU member states. Finally it must be stated clearly that the detention centres in Ukraine funded by the European Union are used to punish those who try to reach the European Union informally or even before, ignoring their rights guaranteed under the Geneva Convention and other International Human Rights Laws like the European Convention on Human Rights.

Jesuit Refugee Service:

UNHCR: Between a rock and a hard place: unaccompanied children seeking asylum in Ukraine.

European Council on Refugees and Exiles: Detention of Migrants in Ukraine.

Refugees, asylum-seekers and migrants

Asylum-seekers in Ukraine continued to be at risk of arbitrary detention, racism and extortion at the hands of the police and return to countries where they would be at risk of serious human rights violations. An inadequate asylum system left them unprotected.

In January, the EU-Ukraine Readmission Agreement came into force for third country nationals. According to the agreement, EU states can return irregular migrants to Ukraine providing they entered the EU via Ukraine. According to the International Organization for Migration, between January and July, 590 people were returned according to the terms of the Readmission Agreement. There were reports of migrants being beaten or otherwise ill-treated while in detention. Furthermore, although the Readmission Agreement is intended to apply to “illegal aliens”, asylum-seekers were reportedly among those returned.

At the end of the year four asylum-seekers from Uzbekistan – Umid Khamroev, Kosim Dadakhanov, Utkir Akramov and Zikrillo Kholikov – were in detention awaiting extradition to Uzbekistan. All four were wanted in Uzbekistan on charges including membership of an illegal religious or extremist organization, dissemination of materials containing a threat to public security and order, and attempts to overthrow the constitutional order. They would risk torture and other ill-treatment if returned. In July, the European Court of Human Rights made a formal request to the government not to return the asylum-seekers to Uzbekistan until their case had been considered, but withdrew this request upon assurances that the men would not be returned until they had exhausted all stages of the asylum process.

Racism

Police continued to apprehend and detain people because of the colour of their skin.

On 29 January, three plain-clothes police officers approached two Somali men, Ismail Abdi Ahmed and Ibrahim Muhammad Abdi, outside their apartment building, and asked them to produce their documents. The police officers then reportedly forced their way into the apartment, searched it without a search warrant, and punched one of the occupants. The police officers removed US$250 from the pocket of a pair of jeans belonging to Ibrahim Muhammad Abdi. Throughout the search, the police officers called the Somali men “pirates”. On 13 February, two of the same police officers returned to the apartment. They told the Somali men living there that they wanted to film them retracting the public statements they had made about the search. The Somalis refused to open the door and, after several hours, the officers left. 

 

A new central body of executive power appeared a month ago – State Migration Service (SMS). It is the fifth attempt to make a separate body which would be engaged exclusively in issues of citizenship and migration. And now this newly created institution has all chances to regulate a chain of questions in the filed of migration policy and citizenship of the government.

The very first attempt of creating State Migration Service of Ukraine was done in 2007 by the Cabinet of Ministers at the head with Premier Minister V.Yanukovych. Creation of Migration Service was foreseen by the Plan of Action “Ukraine-EU” for system solution of the problems in migration policy, however, it did not proceed further than declarative statements and decisions. Repeated energetic efforts on reanimation of migration policy were done by ex-premier minister Y.Tymoshenko.

In the end, decree on necessity to create department being engaged in migration policy was confirmed by the President Viktor Yuschenko in June 2009. However, SMS of Ukraine had not started to work in a full volume – its creation was supported neither by legal nor by material basis, as well as budget financing.

Decree of Viktor Yanukovych dated from December 9, 2010 became the final stage in this process. The creation of State Migration Service of Ukraine was indicated at the present decree in the frames of optimization of central bodies which took place on April 6, 2011.

At first, appearance of new central body was disadvantageous to structures that fulfilled the functions of SMS. New body was found on the basis of State Department of Immigration and Registration of Physical Persons of MOI of Ukraine and Department on Refugee Issues of State Committee of Nationalities and Religions. Thus, these Departments are deprived at least of additional financing of work with cases on migration.  The sworn opponent as to creation of new migration service was private consortium “EDAPS” – monopolist in production and personalization of passports forms.

Secondly, SMS should also work with interior migration. At the present moment it is unknown how efficient a new department will be, but potential and field of competence of migration service are rather great.  In the comments for the newspaper “Dzerkalo Tyzhnya” Hennadiy Moskal thinking over the forming of SMS and appearance of such a resistance, told also about the tasks of the department concerning interior migration: “As soon as Migration Service comes into being it will create at once a complete and strict register of electorates and it will control it, but this things will not suit everybody. Then, there will be no such a high attendance, for example, in the western regions of Ukraine.

Let’s take, for example, Chernivtsi region. According to official data there are about 900 000 residents. About 600 000 out of them are voters. Out of them (pioneers and pensioners do not go for earnings abroad) about 350 000 stay abroad. The attendance at any elections comprises, as a rule, 95-98%.  The very departure of a citizen abroad does not give a right to exclude him out of the list of voters – he stays to be the citizen of Ukraine. State Migration Service will collect information about the persons departing to what places and when according to each village. Then Migration Service of corresponding countries will be sent inquiry as to a person interested if he/she gets new citizenship.

Receiving a reply, service will address to Central Election Commission in order to exclude citizens of other countries from the list of voters as it should be in accordance with the law. Legislation of Ukraine does not recognize dual citizenship; however, responsibility for dual citizenship is also not foreseen. It is unreal to make a person responsible who is a citizen of at least 10 countries, still not providing him/her to be registered as a nominee, not giving opportunity to vote and be a public servant – it can be… This will just be an obligatory obligation of State Migration Service.”

In other words, soon dual citizenship of Transcarpathians can leave them voting right, possibility to occupy public posts. If believing in assumption of Henadiy Moskal that migration service could receive from foreign countries inquiries concerning the new citizenship granting by Ukrainians so, probably as to “double” citizens the government will be limited by only cancellations of indicated rights above.

And the last thing is brake in the formation of valuable structure of MS – money of European Union is allotted for implementation of obligations before the European Union on Readmission which could not “part” departments. Reminding the fact that Agreement on Readmission (return of illegal migrants) concluded between Ukraine and EU on June 18, 2007 and ratified by Supreme Council in the year 2008 (which came into force on January 1, 2010) Ukraine has obliged to accept all illegal migrants who got to the countries of EU through Ukraine. It also obliged not only Ukrainians and the citizens of the third countries as well using the territory of Ukraine as a transit zone.  EU allots €30 million for building the temporary accommodation centers to keep such illegal migrants.

Ten migration camps are planned to be built in Ukraine. Four of them will be in Transcarpathia. A big centre on temporary accommodation will be built in Chop – for 66 persons. TACs should appear also in Uzhgorod, Velykyi Bereznyi and Solotvyno – for 10 persons.

The biggest migration camps for illegal migrants in Ukraine will be built in the town of Zhdaniv, Donetsk region (for 100 persons) and in the town of village type Martynivske, Mykolaiiv region (for 100 persons). In other places like Krasnodoni (Luhansk region), Smelnytsi (Lviv region), Pavlovychi (Lviv region), Sopychi (Summy region) the camps will be calculated for 10 persons each.

Regardless of EU funding of the building, the country is also responsible for keeping illegal migrants in the centre and his deportation. Deportation of one illegal migrants costs to the government more than $ 1000. The month of keeping one trespasser comprises 1000 UAH.

Meanwhile, as UNO data testify, the flow of illegal migrants in Ukraine becomes stronger and for the last ten years it has increased in 20 times. If in the past the country was looked at as temporarily asylum before “jump” to EU or Russia, so during the last years they arrive to Ukraine and settle. UNO supposes that about 7 million illegal migrants live in Ukraine at the present moment.

Most of all illegal migrants get to Ukraine from Russia, part of them from Moldova and Byelorussia. The most often are the citizens from China, Vietnam, Pakistan, Afghanistan, Nigeria, Egypt, Somalia and from many other African countries.

Nowadays, situation of readmission is actually frozen: Kyiv officially succeeded to persuade EU to postpone the process of massive readmission until the year 2012 when Migration Service will be created in the country. The human rights activists hope that on this occasion they will mange to arrange statistics. Now State Committee of Nationalities and Religions fixes only the number of foreign citizens visited Ukraine in the course of a year. Last year this number excelled 21 million.

Such a statistics exists in neighbouring Russia. Readmission has already been active there since 2007 (concerning the citizens of the third countries – since the end of 2010). In the course of this period Federal Service of Migration of Russia received 5616 applications from 18 EU member states, Norway, Denmark, and in the year 2011 there were 590 out of them.

It should be pointed out that problem of migration processes regulation in Ukraine have already moved off the ground.

On May 5, 2011 the changes have come into force in the Law about regulation of migration processes and strengthening of responsibility for illegal migration.

Besides, foreigners and persons without citizenship will be rejected if they are substantially suspected in the fact that they are the bearers of infectious diseases and other illnesses (included into a special list of MHC), they enter Ukraine aiming at transit but do not have any documents and paid tickets for entering the country of destination. Furthermore, foreigners will not be let to Ukraine if there are facts of financial obligations non-implementation before Ukraine and they do not have sufficient financial provision for the period of their stay in Ukraine and return to the country of their origin.

At the same time, a ban on exclusion (other compulsory return) of the foreigner and person without citizenship is set up by adopted Law in case if possible tortures or violent treatment that humbles their dignity in the country they are deported to.

Halyna Polyanytsya, Zakarpatska Kraiina

Amnesty International has condemned the mistreatment of eight Afghan citizens awaiting deportation from Ukraine, who are being beaten by border guards and denied adequate food, water and medical treatment.The eight men have been in detention at Boryspil Airport in Kyiv for three days and sources have told Amnesty International that, as a result of the ill-treatment, some of them are so severely injured that they are unable to lie down.

“The Ukrainian authorities must stop these deportations,” said Andrea Huber, Amnesty International’s Deputy Director for Europe and Central Asia.

“They also need to rein in their border guards, and provide adequate medical treatment, food and water to these men as required by international law. The appalling reports of detainee abuse must be investigated immediately.”

Some of the detained group applied for asylum in Ukraine, but their claims were rejected and they have not been able to appeal, contravening Ukraine’s obligations under refugee law.

The Afghans claim that they were not provided with interpreters while claiming asylum, nor during the deportation procedure.

They also allege that they were required to sign documents in a language they do not understand, and that some were not present during the hearings on their cases.

“These people should not be deported until they have been given the right to appeal their asylum decision and effectively challenge their deportation, in line with Ukraine’s domestic and international obligations,” said Andrea Huber.

Amnesty International is also asking the Ukrainian authorities to ensure the detained men are given access to lawyers and the United Nations Refugee Agency, UNHCR.

Six other Afghans who were originally detained with the group have already been deported to Afghanistan in the last two days, including an unaccompanied minor.

Also allegedly subjected to abuses by guards, some of these detainees self-harmed in protest but were deported anyway.

The numbers of migrants trying to cross into the EU from Ukraine appear to be falling, no doubt because EU assistance has reinforced Ukrainian border patrols. But an alarming report by Human Rights Watch suggests that ill-treatment of migrants on the Ukrainian side may also be part of the deterrent.

Watch the video

By Gulliver CRAGG

As Italy panics over an influx of migrants to its shores from North Africa, concern is also growing over the plight of those who try to enter the European Union by a different route: from the East, via Ukraine.

The former Soviet state borders EU members Poland, Hungary, Slovakia and Romania. Last year, more than 1,000 migrants were detained on those borders. Another 700 were returned to Ukraine from the EU, under a year-old agreement between Kiev and Brussels.

The numbers trying to cross appear to be falling, partly because EU assistance has reinforced Ukrainian border patrols. But an alarming report by Human Rights Watch suggests that ill-treatment of migrants on the Ukrainian side may also be part of the deterrent. Of 50 migrants interviewed for the report, says HRW’s Simone Troller, “half said they had been beaten, and eight reported electric-shock torture.”

The Ukrainian border service say eight officers suspected of ill-treatment have been fired or transferred, but they have yet to face further disciplinary action.

France 24 met a group of Somali migrants in Uzhgorod, nestled between the Hungarian and Slovakian borders in the far south-western corner of Ukraine. Somalis and Afghans form the largest national groups trying to reach the EU via Ukraine. Of those in Uzhgorod, some reported ill-treatment, others did not.

But all of them seemed to agree that Ukraine had nothing to offer them. “They have no chance of working, they have no chance of gaining refugee status, they have no rights and they are constantly hassled by the police, the border guard, the secret services”, says Natacha Kabatsi of the Medical Aid Committee, a local NGO.

Hassan, a 20-year-old Somali who lives in a small flat with five others, said that although he lived in fear of racist beatings, he understood why many Ukrainians feel their country should not have to bear the burden of helping refugees: “When I checked their history and their economy, I realised… they are suffering too”.

Migrants who are caught or sent back to Ukraine are first held for a week or so in temporary detention centres run by the border guard. The worst stories of ill-treatment come from these places. They are usually then either housed indefinitely in “temporary” accommodation centres, or released. In the latter case they have to obtain permits to remain in the country, of a duration of one to three weeks, and can often only do so with the help of a lawyer.

The accommodation centres have received funding from the EU, but due to changes to the Ukrainian system they have not received any state funds since the end of 2010. They are overcrowded and nutrition is poor. The most glaring lack, however, is that of any prospect for improvement in the migrants’ lot in the long term: “the system”, Kabatsi sums up simply, “does not work”.

Hassan agrees. “Here, our only opportunity is to stay and hear bad words, or worse. My only plan… is to try again to cross”. Fortress Europe’s assistance to Ukraine is clearly helping to make that harder to do. But the alternatives are much less clear…

On 2 March 2011 in the premises of the Kyiv City Migration Service (KMS), right after receiving a rejection in refugee status from that authority, a refugee Denis Solopov was detained by police. Migration Service where refugees are supposed to come and ask for protection turned out to be a trap, where they are caught on demand of their persecutors.

Denis Solopov came to Ukraine in order to seek asylum from persecution by the authorities of the Russian Federation and, as it is required by the Law of Ukraine «On Refugees», filed an application for refugee status. Last week he came to the office of Migration Service to extend the term of validity of his asylum seeker’s certificate — again in accordance with the requirements of the refugee status determination procedure in Ukraine. According to the information received by the «No Borders» Project, staff of the Migration Service refused to extend this document for him several times under different excuses («come later, come to us at 2pm tomorrow sharp, the person in charge of your case is not in the office right now»). After all Denis was told that a determination concerning his asylum application was now ready and asked to come on 2 March 2011.

On 2 March 2011 in the afternoon connection with Denis interrupted. In the evening of the same day he called his friends to tell that he was detained at Solomensky District Department of the Ministry of Interior in Kyiv. Later we were able to find out from the police that Denis was detained because his name was placed on the International Wanted List by the authorities of the Russian Federation who on political grounds accused him in committing a crime — which was exactly the reason why sought asylum in Ukraine.

On 4 March 2011 a court hearing at which it was supposed to be decided if he shoud remain in detention pending the receipt of the official request for his extradition to the Russian Federation or be released took place. Solomensky District Court of the city of Kyiv decided to keep Denis in detention for the next 40 days. The arguments which the defense counsel put forward included that Solopov’s extradition is impossible and thus detention pending such extradition is unlawful because there is no final decision of Ukrainian national authorities concerning Denis’ asylum application; Denis is under protection of the United Nations High Commissioner for Refugees (UNHCR) because he was recognized as a «mandate refugee» by the UNHCR Office in Kyiv; and in case of his extradition to Russia he will face a real risk of torture or inhuman or degrading treatment. Neither of them impressed or even were noted by the Ukrainian «Justice» at all. Instead in its decision that legitimized continued detention of Denis Solopov Solomensky Court noted that it did not see any circumstances that would prevent his extradition to Russia.

Now the case will be handled by the General Prosecutor’s Office of Ukraine: this authority that is supposed to consider all the documents which will be provided by Russian authorities to justify extradition of Denis Solopov from Ukraine, it is also competent to establish if there are any circumstances that would make such extradition impossible — it is up to it now to authorize or refuse extradition of Denis to Russia taking into account all relevant considerations.

The fact that Denis was detained by Ukrainian police because his name was put on International Wanted List testifies about the desire of Russian authorities to continue his persecution, which he earlier managed to escape. Today’s decision of the Solomensky district Court of the city of Kyiv shows: nowadays even the mere fact of asking Ukrainian authorities for asylum may result in a refugee getting a prison term instead of protection.

Background information

According to the Law of Ukraine «On Refugees» a special competent body of the central government is responsible to consider applications for refugee status. During long period of time the State Committee on Nationalities and Religions had performed this function and oblast level Migration Services that were subordinated to it took asylum applications in and handled them. In December 2010, in accordance with the Presidential Decree the State Committee for Nationalities and Religions was closed down. All questions concerning migration, including those pertaining to asylum status determination, were placed under the responsibility of the State Migration Service that was yet to be created. The Decree prescribed that this new executive authority shall be subordinated to the Cabinet of Ministers of Ukraine and coordinated via the Ministry of Interior.

Currently the process of State Migration Service creation and liquidation of the State Committee on Nationalities and Religions is underway. To what extend the authority which will be in practice subordinated to the Ministry of Interior can guarantee security to refugees? What may it mean in practice to those who arrived to Ukraine in order to seek asylum and need protection from persecution? As the experience of those who the «No Borders» Project was trying to assist in their applications for asylum before Ukrainian authorities — this reform process may mean nothing good. What happened to Denis Solopov is unfortunately just another demonstration of the complete and utter failure of the asylum system in Ukraine to protect refugees.

Send a letter to the General Prosecutor of Ukraine – here

Find the UNHCR-study about homeless refugees in Budapest here.

Tourists found already a second dead migrant in the Poloniny mountains

On Saturday morning a tourist found a young dead woman in a remote area of the protected area of the water reservoir Starina in the National Poloniny Park. Most probably an illegal migrant. What is shocking is that on Thursday another migrant of the same age died by the Schengen border. Both bodies were in areas where tourists go.

VEĽKÁ POĽANA/SNINA/SOBRANCE. The forests by the Schengen border have revealed atrocious testimonies to the human dramas of illegal migrants. On Saturday morning a tourist was hiking through the Bukovské hills in the area above the Starina water reservoir. He noticed a motionless woman body.

Saturday´s discovery: a dead woman of dark skin with no documents
Magdaléna Fečová, the regional Prešov police spokesperson, informed that soon after that past 8 AM the border police service from Topol notified the Snina policemen that an unidentified woman´s body was found in the area of Veľká Poľana. A police unit from Humenné headed to the spot right away. “They found out that by the wooden hut of the Jeleň-Veľká Poľana hunters´ association there is a body of a woman aged 20-30, of a plump figure, dark skin, probably an illegal migrant. She did not carry any identification card on her,“ the spokesperson said. She added that the pathologist did not ascertain any signs of somebody else causing the death. An autopsy at the Institute for the Health Care Oversight in Prešov will reveal more about the reasons for her death as well as on the identity of this young woman.

Thursday´s discovery: only 25-years´ old black woman
This poor migrant was, however, not the only one who found her death in the Bukovské hills. Agnesa Kopernická, the Sobrance Border Police Headquarters spokesperson, confirmed the  unofficial information we had about the death of a young foreigner in the vicinity of the village Nová Sedlice in the Snina district. “Yes, the black woman was of approximately 25 years of age. She did not have any identification documents on her,“ the spokesperson said. She was an illegal migrant. What is notable is the fact that while the woman in Veľká Poľana was found by the cottage, the poor black woman was not far from the tourist trail leading to the Slovak-Polish-Ukrainian border.

Africans were captured in the Sobrance district
None of the spokespersons confirmed that policemen would catch a group of refugees in the Uličské valley or in the surroundings of the Starian water reservoir. Ms Kopernická, however, reported that a group of Somali migrants was caught last week by the policemen from the Petrovce Border Control Unit in the Sobrance district. She did not confirm, however, that this would have any connection to the discoveries of the dead women in the Snina district. The Africans must have been surprised by not only the rain but also the night temperatures. According to the information we have the night temperatures decreased to seven degrees in the past days.