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Submitted by Terry Hallman on Sun, 2005-06-19 16:19.

I'm posting this to provide a general, public roadmap about what to do in cases such as Artur's.  I've talked with numerous well-intended Ukrainian citizens in the course of pursuing Artur's case.  It seems that quite a few Ukrainians care deeply about Artur's case and the issues it raises, but no one is entirely sure about what to do.  In this transitional period within Ukraine, many good people are trying to figure out and understand what to do in the course of justice and human rights, convinced that now, in New Ukraine, these sorts of issues really do matter and really can be resolved.  At the same time, there seems to be little practical experience in such matters.


Amnesty International is interested in Artur's case, and provides the following guidelines:

  • All remedies within Ukrainian government must be pursued first, even if they prove to be useless.
  • Those remedies include the following three main offices:
    • Ukraine's Prosecutor General
    • Ukraine's Ministry of Interior
    • Ukraine's ombudsman.  According to two entirely independent assessments, this appears to be the office of Viktor Musiyaka in Kyiv.

All three offices can be contacted simultaneously, either by Artur's family or by human rights advocates for his case.  If less than satisfactory response, particularly regarding allegations of torture, then Amnesty International is in position to take on the case and, if necessary, refer it to the European Court for Human Rights.  According to Amnesty International, "Amnesty International's concern in this case is the torture that he suffered in detention, we are well aware that it is a continuing problem in Ukraine."


One simple note to Ukraine and Ukrainian government: as long as this remains a continuing problem in Ukraine, Ukraine can forget about joining Europe.  This is a very simple equation, about as uncomplicated a question as Ukraine will face among the myriad of hurdles in joining European civilization.  Artur's situation cannot be ignored, and similar situations cannot continue, if Ukraine is to become a Western civilized country.  Mechanisms to bring that about are entirely internal to Ukraine, to manage these matters effectively, or not.  It is Ukraine's choice.  Freedom of choice is now a real option in Ukraine; it is up to Ukrainians to decide what to do. It would be much better if this matter is settled in Ukraine, without having to refer it to the European Court. Such a referral would surely be a setback for Ukraine's ambition to join Europe, although it is easy to understand how and why obstructionists and Kuchma-era remnants-now-opposition would like nothing more than for that to happen.


In the meantime, advocates for Artur will continue to work for his release and justice, within and without Ukraine.


Finally, for the record, I have it from a very trusted source that Nikolaev (Mykolaiv) is notorious for cases exactly like Artur's, and it will come as no surprise to anyone in Kyiv to learn the details of this matter.  The question is simply whether or not any officials within Ukraine have the time and motivation to do anything about it.


We are about to find out.

 

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