agencies at the Odesa regional and city level. The HRMMU has officially requested to
meet with this Commission, but had not received a response as of 7 June 2014.
Criminal investigation by the Ministry of Interior Investigation Unit
76.
On 2 May, a criminal investigation was launched by the Odesa Regional Police
Investigation Department. On 6 May, the responsibility for the investigation was
transferred to the Main Investigation Department of the MoI in Kyiv (under the lead of
Deputy Minister of Interior). According to the law, the investigation process should be
completed in 60 days. Investigators from Kyiv, Odesa and other regions are cooperating
on this investigation, which has been launched under the following articles of the
Criminal Code of Ukraine: Article 115/1 (Intentional homicide); Article 194/2
(Intentional destruction or damage of property; Article 294/2 (Mass riots/unrest); Article
296 (Hooliganism); Article 341/2 (Capturing of the state or public buildings or
constructions); and Article 345 (Threat or violence against law enforcement officer).
General Prosecution Investigation Unit regarding police duty performance
77.
On 3 May, the Odesa Regional Prosecutor Office launched a criminal case against four
police officials under Article 365 (Excess of authority or official powers) and Article
367 (Neglect of official duty) of the Criminal code. On 6 May, this investigation was
transferred to the Investigation Unit of the General Prosecutor.
78.
According to information provided to the HRMMU by credible sources, the regional
MoI did not enforce the special police tactical plan called “Wave” (“Khvylia”), which
would have allowed the use of special police means and forces, and ensured
coordination of all official emergency units (e.g. health, and the department of
emergency situations).
79.
Furthermore, there are credible reports that during the 2 May violence, all high ranking
officials from the Regional MoI and Regional Prosecutor’s Office were holding a
meeting and were unavailable.
80.
Since then, several criminal proceedings have been initiated against high-ranking police
officials and policemen. The Deputy Head of the Regional MoI was placed under house
arrest in relation with the 2 May violence and the “release” of the 67 detainees held in
the Odesa Police Station on 4 May. His current whereabouts remain unknown but he is
thought to be outside Ukraine. On 8 May, the Head of the Odesa City Police, the Head
of the Odesa Police Detention Centre and the duty officer were apprehended and
transferred to Kyiv. On 9 May, the Head of the Odesa City Police was released on bail.
Both The Head of the Odesa Police Detention Centre and the duty officer were also
released under obligations to make a personal commitment not to leave Ukraine.
Criminal investigation under the State Security Service of Ukraine (SBU)
81.
In mid-March, the SBU initiated a criminal investigation throughout the country under
Articles 109 (Actions aimed at forceful change or overthrow of the constitutional order
or take-over of government) and 110 (Trespass against territorial integrity and
inviolability of Ukraine) of the Criminal Code in relation to threats to national security
and national integrity. As of 15 May, the SBU arrested several people in Odesa region.
83 | P a g e
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