105. Investigations into human rights violations committed at Maidan
Eighty-four criminal proceedings have been instituted in connection with human rights
violations committed during the Maidan protests, held in Kyiv and other cities of Ukraine
from November 2013 until February 2014. They concern the circumstances surrounding the
forceful dispersal of protesters on 30 November 2013, the killing of protesters on 19-21
January 2014 and mass killings on 18-20 February 2014. In addition 30 cases of unlawful acts
by law enforcement officers against participants of the AutoMaidan are under investigation.
The Ministry of Internal Affairs and the Prosecutor’s offices investigated 445 cases of
unlawful acts against demonstrators between November 2013 and 1 August 2014 according to
the Office of the General Prosecutor. Of these 66 cases were closed with no crime having been
committed, 265 were merged with other cases and 84 are ongoing, as of 1 August. On the
basis of these investigations, 76 civil servants, including law enforcement officers, 6 judges,
and 2 civilians are to undergo pre-trial criminal investigation.
Forceful dispersal of protesters on 30 November 2013
As noted in previous reports, the forceful dispersal of protesters on 30 November 2013 was the
first instance of the excessive use of force against peaceful Maidan demonstrators and
triggered further protests.
A law141 adopted shortly after the 30 November events, decriminalized all the protesters’
deeds and some acts of violence and human rights violations committed during the forceful
dispersal of the demonstration, thus discharging the perpetrators from criminal responsibility
for these actions. The law was repealed on 21 February. The Office of the General Prosecutor
informed the HRMMU that five persons were on 24 February notified of being under
suspicion for illegal obstruction of public meetings, rallies and demonstrations. However, the
pre-trial investigation into this was suspended on 17 July due to the prosecution being unable
to locate three of the suspects who have apparently fled Ukraine. In addition, by court order on
29 July, the Office of the General Prosecutor was requested to undertake further investigations
into possible abuse of power by two of the suspects, who were previously exempted from
criminal responsibility according to the law.
Killing of protesters on 19-21 January and 18-20 February 2014
The Office of the General Prosecutor is conducting an investigation into the circumstances of
the death four people between 19 and 21 January 2014 and of at least 98 people between 18
and 20 February 2014. So far there has been no significant progress in this investigation.
However, the Office of the General Prosecutor expected that the case would be submitted to
the court in the nearest future.
The Prosecutor’s investigation has found that these crimes were instigated by a group, headed
by the then President of Ukraine, Victor Yanukovych, and composed of the highest level
officials, including from the law enforcement agencies such as the SBU and special police
forces. The Office of the General Prosecutor said that the investigation is complicated by the
fact that all members of the group have fled Ukraine and are beyond its jurisdiction. The
Government of Ukraine have taken all the necessary procedural steps at the international level
to be able to prosecute the suspects.
With regard to the actual perpetrators of the crimes, the Office of the General Prosecutor
informed the HRMMU that three former servicemen of the Berkut special police force, who
are suspected of killing 39 of the 98 protesters who died between 18 and 20 February 2014,
were in detention and 24 suspects were put on the wanted list. The Office of the General
Prosecutor was expecting to submit materials about these cases to court in the near future.
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The Law of Ukraine on Elimination of the Adverse Effects and Prevention of Prosecution of Punishment of
Individuals with regard to Events which Took Place During peaceful assemblies, adopted on 13 December 2014,
was repealed on 21 February 2014.
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