A/HRC/27/75
disclosure of information obtained during each visit. Mr. Senstov’s lawyer was not
permitted to take any written statements from his client or to meet with him without the
presence of FSB officials.
VIII. Governance and legislative reforms
31.
The Government of Ukraine has made efforts to implement the Geneva Statement. 5
National roundtables on constitutional reform, decentralization, minority rights and the rule
of law were held in Kyiv on 14 May 2014, in Kharkiv on 17 May 2014 and in Mykolaiv on
21 May 2014. In Kharkiv, Prime Minister Arseniy Yatsenyuk declared that the Constitution
should be amended in order to assign special status to the Russian language and national
minority languages.
32.
On 27 June 2014, President Petro Poroshenko signed a trade agreement with the
European Union that completed the association process. On 2 July 2014, the Government of
Ukraine published its proposed amendments to the Constitution, providing for greater
regional autonomy and special status for the Russian language. With its attention focused
on the situation in the east, the Government has advanced slowly on the needed reforms. On
23 July 2014, the President established the National Reform Council (NRC) to spearhead
the national reform process, and on 13 August 2014, a statutory framework for reform was
established involving three bodies. The NRC is to prepare a strategic plan for the
sustainable development of Ukraine, up to 2020, and ensure coordination of the activities of
ministries and government agencies in formulating and implementing reforms. As reforms,
laws and state policies are adopted, it is crucial that the process be sufficiently and
meaningfully inclusive.
33.
Initial steps have been taken to reform law enforcement, however, the reform also
needs to address the powers of the Security Service of Ukraine. The legal framework to
fight corruption has been improved and the anti-discrimination law has been amended and
is closer to international standards. A law seeking to restore trust in the institution of the
judiciary been adopted and provides for a vetting procedure; however, concerns remain
with regard to due process guarantees. Legal guarantees for an independent judiciary have
not been introduced and the reform of the prosecution has not yet progressed. A progressive
law, regulating the rights of Ukrainian citizens from Crimea, has been adopted, without
compromising freedom of movement or containing discriminatory provisions. However,
there is still no law regulating freedom of assembly. While the post of President
Commissioner for Crimean Tatar issues has been established, there is still no law on
indigenous peoples.
34.
In August 2014, several laws were adopted that significantly expand the powers of
law-enforcement bodies in relation to the security operation in eastern Ukraine, including
laws expanding the powers of the prosecutor and extending the period within which an
arrested suspect must be presented before a court from 60 hours to 30 days. Attention is
5
The Geneva Statement on Ukraine was issued on 17 April 2014 by representatives of the European
Union, the United States of America, Ukraine and the Russian Federation. It sets out the agreed initial
concrete steps to de-escalate tensions and restore security for all, as follows: (1) all sides must refrain
from any violence, intimidation or provocative actions; (2) all illegal armed groups must be disarmed;
all illegally seized buildings must be returned to legitimate owners; all illegally occupied public
places must be vacated; (3) amnesty will be granted to protestors who left seized buildings and
surrendered weapons, with the exception of those found guilty of capital crimes; and (4) the
announced constitutional process will be inclusive, transparent and accountable, and will be
accomplished through a broad national dialogue.
9
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