on 28 February, allegedly with the same motivation. Roma victims stated that they had called
the police for protection, to no avail. Several Roma families have reportedly left town after
receiving threats.
76.
Recent developments in the eastern part of Ukraine and in Crimea are likely to have an
impact on radical groups with possible signs of nationalistic sentiments and rhetoric and
therefore need to be closely monitored. The OHCHR delegation heard from various sides
about concerns with regard to the “Right Sector”, a right-wing group that expresses
paramilitary ambitions and is known for statements which could be considered extremist.
Their active participation in the defence of Maidan and suggested increasing popularity are
causing concerns for the Russian-speaking minority. While there has been no confirmed
evidence of attacks by the “Right Sector”, including any physical harassment, against
minorities, there were numerous reports of their violent acts against political opponents,
representatives of the former ruling party and their elected officials. The role of the group
during the Maidan protests was prominent; they were often in the first line of defence or
allegedly leading the attacks against the law enforcement units. Their alleged involvement in
violence and killings of some of the law enforcement members should be also investigated.
However, according to all accounts heard by the OHCHR delegation, the fear against the
“Right Sector” is disproportionate, although parallels have been drawn by some between this
group and past right wing nationalistic movements at the time of the Second World War. On 1
April, the Ukrainian Parliament adopted a decision by which all armed groups, including the
Right Sector, must disarm.
D. Lustration, judicial and security sector reforms
77.
In a bid to break away from the past, the new Government has taken initial steps to
implement a lustration policy that would apply to all public officials. A lustration committee
under the Cabinet of Ministers was established in February 2014 but is not yet functioning.
The committee in its current form is composed of representatives of civil society and lawyers.
The head of the Committee, Mr. Yegor Sobolev, emphasized that a “special act” on the
judiciary would be prepared as a priority, with the assistance of Council of Europe experts.
The draft law should determine the status of the lustration committee and include provisions to
ensure its effective functioning.
78.
During discussions with the Vice-Speaker of the Verkhovna Rada, Mr. Ruslan
Koshulinskii, he expressed the view that the draft lustration law may also refer to other senior
officials, including officials who worked closely with the administration of Mr. Yanukovych,
held senior positions in the former Soviet Union and its former Communist Party, and former
KGB officials. The Deputy Minister of Justice mentioned during a meeting that the notion of
lustration was “too generic” and that specific language would be used to address vetting needs
for different categories of state services.
79.
All reforms and new policy measures must be taken through an approach based on the
rule of law and human rights, without any spirit of revenge. It is crucial to ensure that human
rights violations are not addressed with any form of human rights violations. In particular, any
lustration measure must be taken fully respecting human rights. This should include: an
individualized review process, and that employees subject to a review should be granted a fair
hearing, with the burden of proof falling on the reviewing body to establish that a public
employee is not suitable to hold office.
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