READ A SECTION: UKRAINE (BELOW) | CRIMEA
Note: Except where otherwise noted, references in this report do not include areas controlled by Russian-backed separatist forces in the Donbas region of eastern Ukraine or Russian-occupied Crimea. At the end of this report is a section listing human rights abuses in Russian-occupied Crimea.
Ukraine is a republic with a semi-presidential political system composed of three branches of government: a unicameral legislature (Verkhovna Rada), an executive led by a directly elected president and a prime minister chosen through a legislative majority, and a judiciary. The country held presidential and legislative elections in 2014; international and domestic observers considered both elections free and fair.
Civilian authorities generally maintained effective control over security forces in the territory controlled by the government.
The most significant human rights problems in the country during the year were:
Conflict- and Occupation-related Abuses: Russian-backed separatists in Donbas engaged in abductions, torture, and unlawful detention, employed child soldiers, stifled dissent, and restricted humanitarian aid. To a lesser extent, there were also reports of some of these practices by government forces. In Crimea, Russian occupation authorities systematically targeted perceived dissidents for abuse and politically motivated prosecution.
Corruption and Official Impunity: The country suffered from impunity for corruption and deficiencies in the administration of justice. The Prosecutor General’s Office and the judicial system proved largely unable to convict perpetrators of past or current major corruption.
Insufficient Support for Internally Displaced Persons (IDPs): Russia’s occupation of Crimea and aggression in eastern Ukraine resulted in 1.7 million IDPs who faced continuing difficulties obtaining legal documents, education, pensions, and access to financial institutions and health care. During the year the government suspended all social payments for IDPs, pending verification of their presence in government-controlled territory, ostensibly to combat fraudulent payments.
Other problems reported during the year included: alleged beatings and torture of detainees and prisoners, as well as harsh conditions in government-run prisons and detention facilities; nongovernmental attacks on journalists; societal violence against women and abuse of children; societal discrimination against and harassment of ethnic and religious minorities; trafficking in persons, including forced labor; discrimination and harassment against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and discrimination against persons with HIV/AIDS. There also were limitations on workers’ right to strike, and failure to enforce effectively labor laws and occupational safety and health standards for the workplace.
The government generally failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity. Human rights groups and the United Nations noted significant deficiencies in investigations into human rights abuses committed by government security forces, in particular into allegations of torture, enforced disappearances, arbitrary detention, and other abuses reportedly perpetrated by the Security Service of Ukraine (SBU). The perpetrators of the 2014 Euromaidan shootings in Kyiv and riots in Odesa have not been held to account.
Investigations into alleged human rights abuses related to Russia’s occupation of Crimea and the continuing aggression in the Donbas region remained incomplete due to lack of government control in those territories and the refusal of Russia and Russian-backed separatists to investigate abuse allegations.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption, although authorities did not effectively implement the law, and many officials engaged in corrupt practices with impunity. While the number of reports of government corruption was low, corruption remained pervasive at all levels in the executive, legislative, and judicial branches of government and in society.
During the year multiple high-level officials who had been brought into the government to oversee anticorruption reform processes resigned due to efforts to impede their work. Complaining of ingrained corruption, Minister of Economy Aivaras Abromavicius resigned in February and was followed by some members of his team. Abromavicius stated in his resignation letter that corrupt officials had blocked systematic reform and were attempting to gain influence over state enterprises.
Corruption: While the government publicized several attempts to combat corruption, it remained a serious problem for citizens and businesses alike. The law establishes two governmental anticorruption bodies, the National Agency for Prevention of Corruption (NAPC) and the National Anticorruption Bureau of Ukraine (NABU).
As of October 1, the NABU had launched 243 criminal proceedings in corruption cases with support from the newly created Specialized Anticorruption Prosecutor’s Office. Authorities tried 31 corruption cases involving 70 persons, including judges, prosecutors, and state officers, but many were for minor violations. In a major anticorruption case, the Verkhovna Rada stripped Member of Parliament Oleksandr Onyshchenko of immunity from prosecution in July under suspicion of corruption and embezzlement. At year’s end he remained a fugitive outside the country, and the investigation continued.
Civil society criticized the Prosecutor General’s Office and the judicial system for failing to hold high-level officials to account for corruption. According to the anticorruption watchdog group, Nashi Hroshi, between July 2015 and July 2016, 952 persons were convicted of corruption. Of these individuals 312 were fined (70 percent of these fines were below 20,000 hryvnias ($740)), 336 persons received suspended sentences, and 137 had their convictions overturned. One hundred twenty-eight persons were sentenced to prison; of these individuals 33 were serving sentences, while the rest had appeals pending. Of the 952 persons convicted for corruption, only three were officials of significant stature: two heads of district administrations and one deputy head of the state agricultural inspectorate. As of July all three cases were undergoing appeals, and the defendants had yet to begin serving their sentences.
While members of the Verkhovna Rada are immune from prosecution, several members, such as Onyshchenko, were stripped of immunity for prosecution during the year. Judges may not be arrested or detained before courts convict them, unless the Verkhovna Rada rescinds their immunity.
The NAPC is responsible for the development of national anticorruption policies, monitoring national compliance with anticorruption legislation, and verifying asset declarations of high officials. The NAPC, established in March 2015, began operations in May.
The law designates NABU as the lead investigative agency for allegations of corruption by senior government officials, including the president, members of the Cabinet of Ministers, members of the Verkhovna Rada, and local governors. NABU is responsible only for investigating corruption offenses committed after its creation in 2015. The Prosecutor General’s Office had 25,000 open corruption cases that predated the creation of NABU.
There were reports that the Prosecutor General’s Office took steps during the year to hinder NABU’s ability to investigate high-level corruption. On August 5, an investigative group from the Prosecutor General’s Office raided the NABU headquarters in Kyiv, alleging that NABU had illegally wiretapped its employees. On August 12, Prosecutor General’s Office staff allegedly unlawfully detained and beat two NABU detectives who they asserted were engaged in wiretapping. On September 20, three Prosecutor General’s Office employees were suspended pending the outcome of an internal investigation, which continued at year’s end.
According to the Justice Ministry, implementation of a 2014 law on “lustration” was 99 percent completed. Some 700,000 civil servants and state officials were on the list for lustration. The checks resulted in the dismissal of approximately 1,000 state officials. According to the Parliamentary Anticorruption Committee, 80 percent of state officials from the Yanukovych era were discharged from their posts. Law enforcement and judicial agencies, however, avoided full compliance with the law. The SBU subjected only 50 staff members to lustration. The judiciary lustrated only 40 judges, eight of whom contested the decision in court and were restored to their positions.
Financial Disclosure: The law mandates the filing of income and expenditure declarations by public officials, and a special review process allows for public access to declarations and sets penalties for either not filing or filing a false declaration.
By law, the NACP is responsible for reviewing financial declarations and monitoring the income and expenditures of high-level officials. On August 15, the government officially launched an asset e-declaration system. By the conclusion of the first phase on November 1, more than 120,000 officials had submitted e-declarations, indicating near total compliance. The results were made publicly available, provoking public outcry about the lavish lifestyles of many public officials. By law the NAPC reviews the declarations and refers suspected corruption cases to the NABU for further action. Some observers questioned, however, whether the NAPC had the capacity to fulfill this function.
Public Access to Information: The constitution and law require authorities to provide government information upon request, unless it pertains to national security. By law officials must respond to regular requests within five days and within 20 days to requests for large amounts of data. Requesters can appeal denials within agencies and ultimately to the court system. Instructions for filing information requests were a common and conspicuous component of government websites. Implementation of the law on public access to government information and training of officials on the regulations governing such access remained inadequate.