The Innocents: Ukraine

by ELSA Ukraine & Dmitro Kupriyan

Anyone who got into law enforcement is in a situation of exceptional insecurity: a person is deprived of legal protection, visits with family, deprived of their right to meet the life necessities, subjected to physical or moral abuse or even torture, in fact, a person is deprived of fundamental prerogatives - the presumption of innocence. And representatives of law enforcement agencies use this in any way, mainly to improve the ranking of crimes, or even to their own profit and are not interested in objectivity and punishing offenders. For this reason condemn the innocent people whose harmlessness is evident already in the investigation, but investigators and prosecutors and judges turn a blind eye to facts that contradict accusation version. Evidence of innocence are lost or discarded, and witnesses are intimidated. As a result - not involved person finds himself behind bars.

The Project’s goals:• to inform the public (mainly – law students and young lawyers all over

Ukraine) about epidemic of tortures in law enforcement agencies and number of unfair convicted people in Ukraine;

• to influence the situation in law enforcement structures, particularly the methods of investigation (prevention of torture);

• to provoke public discussion among young lawyers and decision-makers re the lack of objective pre-trial investigation,

• to highlight problems with Ukrainian justice – deficiency of acquittals; • to collect the information on international experience on these issues • to present through the media the problems of unfair convicted people (by

way of photo exhibitions in educational institutions, galleries, universities in big cities, album release and its distribution among decision makers (members of parliament, ministers, etc), creation of a web-site etc.);

• to disseminate the information on how to help exonerate innocent people, who were sentenced for crimes they didn’t commit.

Courts do not always make a fair trial…

• Evgeny Novitsky, 20 years old, Kiev (was unjustly convicted of murder, and later conviction was quashed by a higher court), spent about three years 0r 988 days in Kyiv SIZO during the investigation and trial

• Valery Prilepa, Kiev (unjustly convicted of murder, and later his conviction was quashed by a higher court), spent more than three years in Kyiv SIZO.

Courts do not always make a fair trial…

• Yuri Moseenkov, Kiev (innocently convicted of murder, and later conviction was quashed by a higher court), spent more than 3 years in Kyiv SIZO during the investigation and trial (investigator received a conviction for fraud case – he commited against Y.M.)

• Victor Reshetilov, Kirovograd (convicted by a court for murder, he didn’t commit, the verdict was overturned by the Supreme Court in February 2011, has already passed five years in Kirovograd SIZO - thus serving a sentence for the crime he did not commit.

…this is just a short list of innocent people went to SIZO

& jails in Ukraine…

Everyone could be in their place!

Our Project is dedicated

to people who have

been tortured in

Ukraine

Vyacheslav PolishkoSentenced to life imprisonment he stands in his cell for visits (Sumy prison). The trial in this case took place in Poltava Appeal Court only in 4 court hearings, very superficially and with numerous contradictions in eyewitness testimony. Vyacheslav’s indications were obtained under torture.

Alexander RafalskyLife-term prisoner Alexander Rafalskypacks the mail that he gets as a sign of support from people. He was sent to prison where he is serving a life sentence for murder he did not confess committing even under tortures…

Olga Demina- mother of the tortured mentally retarded Anton Kharitonov (“ponomar\sexton\ case “ «дело пономарей»who were accused of organizing explosion in the church on 28/07/10, Zaporizhzhia ) Anton has been kept under arrest in SIZO for 15th month already! Together with his brother Serhiy Demin. Police manufactured false evidence -the entire case! Prosecutors refuse to investigate facts of torture, inhuman and degrading treatment - irrespective the proof – video!!!

Alexei Oshchepkov

Life-term prisoner for the murder he did not commit Alexei Oshchepkov, whose ear lobes were cut during the torture in police department

Our vision: "A just world in which there is respect for

human dignity and cultural diversity."

THANK YOU FOR YOUR ATTENTION!

OUR TEAM (Contact information):050-383-4557 Dmytro Kupriyan, photo-artist063-294-0605 Daria Oliynyk, vice-president of ELSA-Ukraine \director\+38-063-36-00-911 Oleg Veremiyenko, Lawyer coordinatorinnocentsua@gmail.comKiev, 02206 PO box 42