Brussels, 31/03/2015 (Agence Europe) - The report by the independent international consultative group on the investigations into the violent incidents which took place during demonstrations in Maidan, Ukraine, which was published on 31 March, stresses that the investigations did not comply with the requirements of the European Convention on Human Rights “in many respects”.
“Due to delays with the enquiry, no substantial progress was made in the Maidan investigations”, stresses the international consultative group, whose report was approved by all member states of the Council of Europe, including Ukraine.
The report explains that for the first three months of the demonstrations, prior to 22 February and the fall of the former president, Viktor Yanukovych, “there was no genuine attempt to pursue investigations”. “(This) inevitably meant that the investigations did not begin promptly and this constituted, of itself, a substantial challenge for the investigations, which took place thereafter”, the report explains. After 22 February, the investigations faced considerable problems, although these “do not excuse the shortcomings”. The authorities of the current government were, and are, unquestionably under the obligation to take all reasonable measures to ensure that the investigations comply with Article 2 (right to life) and Article 3 (ban on torture) of the Convention, the report explains.
The group takes the view that the investigations lacked practical independence. The resources of the Office of the Prosecutor General (PGO) allocated to the Maidan investigations were “completely insufficient”, there was a lack of continuity in the management of the PGO's investigations and the division of the enquiry work was inefficient. The report also criticises the uncooperative attitude of the Ministry of the Interior. According to the group, the decisions made by the Pecherskyi Federal Court did not comply with the requirements of the European Convention. It also stressed that the information made public was insufficient. (Camille-Cerise Gessant)