an Interim Special Commission. It is foreseen to consist of 15 members; five candidates from
each of the following institutions: the Supreme Court, the Parliament and the Governmental
Commissioner on the Issues of the Anti-Corruption Policy.
31.
The HRMMU is concerned that immediate dismissal of judges may put in jeopardy the
administration of justice. The implementation of the Law can lead to the unjustified and nonmotivated dismissals of judges. The Law does not follow some generally recognized
requirements in the area of judicial proceedings: it implements retrospective liability for
actions which were not considered punishable before the Law’s adoption; the adopted court
decisions mentioned in the Law are to be scrutinized by the Interim Special Commission.
Also, the text of the Law uses the term “political prisoner”, which is not defined in current
Ukrainian legislation. The HRMMU reiterates its earlier recommendation that any lustration
initiatives be pursued in full compliance with fundamental human rights of persons concerned,
including right to individual review and right of appeal.22
Amnesties
32.
The annual legislation “On Amnesty in 2014” entered into force on 19 April.
Administered by the courts, it applies to minors, pregnant women, persons having children
under 18 or children with disabilities, persons with disabilities and persons infected with
tuberculosis or with an oncological disease, persons having reached the age of retirement, war
veterans, combatants and invalids of war, liquidators of the accident at the Chernobyl nuclear
power plant, persons having parents over 70 or with disabilities. In addition some military
personnel imprisoned for committing medium gravity offences will be released. Persons who
have committed grave criminal offences will not be eligible for such an amnesty. The
Parliamentary Committee on Legislative Support of Law Enforcement estimates that between
23,000 – 25,000 convicts could be eligible for an amnesty.
33.
From 9 to 23 April, five drafts laws on ‘amnesty’ for the activists who have
participated in the protests after 22 February were submitted to the Parliament by different
political parties.23 While the proposed drafts varied all seek amnesty legislation that covers:
actions to overthrow legal government (article 109); organisation of riots (article 294); seizure
of administrative and public buildings (article 341). The majority of the proposals considered
that cases of “separatism”, as violations against the territorial integrity of Ukraine (article
110), should fall within the scope of an adopted amnesty law.
34.
All drafts aim to ease tensions and resolve the crisis in Ukraine, particularly in the east
and south of the country, and for the most part give a date of 22 February from where acts as
provided for should be applicable. The Committee on Legislative Support of Law
Enforcement is now responsible for preparing the draft legislation.
Law on Occupation
22
OHCHR report on the human rights situation in Ukraine,15 April 2014, p. 25 (available online at
http://www.ohchr.org/Documents/Countries/UA/Ukraine_Report_15April2014.doc).
23
9 April Draft Nr. 4667(Party of Regions); 10 April Draft Nr. 4667-2 (non-affiliated MP Rudkovsky); 18 April
Draft Nr. 4667-3 (Cabinet of Ministers); 22 April Draft Nr. 4667-4 (Party of Regions); 23 April Draft Nr. 4667-5
(Communist Party).
38 | P a g e
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