beaten to death, but that their death was caused by carbon-monoxide gas poisoning, some
unidentified chemical substance or by burns. In addition, he disclosed personal private
information regarding one deceased person without prior consent from the family. The
Head of the Regional Office for Forensic has regularly refused to provide information
regarding the cause of death, referring to the confidentiality of the investigation.
115.
The Investigation Commission is in charge of investigating the actions of the Odesa
Regional Emergency Service (fire brigade). The Head of the Emergency Unit was
accused of negligence, due to improper performance of his official duties (i.e. delay in
deploying the fire brigade to the Trade Union building). For the purposes of the internal
investigation he was temporarily dismissed. The internal and criminal investigations
remain on-going.
116.
The Investigation Commission has provided internal investigation documentation to
families who have requested information regarding their deceased relatives. Following
meetings with victims, witnesses and relatives, the HRMMU has observed a growing
dissatisfaction regarding the lengthy and non-transparent investigation process. In
general, witnesses shared with the HRMUU their concern about revealing information
regarding the incidents. On 11 June, several claims regarding the insufficient and lengthy
investigation process were brought against the Government at the Kyiv District
Administrative Court.
General Prosecution Investigation Unit regarding police duty performance
117.
On 3 May the General Prosecution Investigation Unit launched a criminal case against
police officials based on article 365 (Excess of authority or official powers) and, article
367 (Neglect of official duty) of the Criminal Code.
118.
The Regional Prosecution Office confirmed the allegation regarding the inaccessibility
of high ranking officials during the 2 May violence, noting that all were at the time
attending a closed meeting at the request of the Deputy General Prosecutor.
119.
The investigation process into 2 May violence is challenged by the fact that the main
suspect, the former Deputy Head of the Regional MoI, is currently on a “wanted” list.
Criminal investigation under the State Security Service of Ukraine (SBU)
120.
As of 15 July, the SBU had initiated several criminal investigations under article 109
(Actions aimed at forceful change or overthrow of the constitutional order or take-over of
government), article 110 (Trespass against territorial integrity and inviolability of
Ukraine), and article 258-2 (Public incitement to commit a terrorist act) of the Criminal
Code. The SBU arrested at least 35 people allegedly engaged in the above-mentioned
criminal activities, mostly activists and supporters of the “pro-Federalism” movement.
The HRMMU attended 6 court hearings and tried to establish contacts with the SBU
investigators. The HRMMU regretfully underlines the lack of working cooperation from
the Regional office of the SBU at the local level.
121.
The Penitentiary Services administration fully cooperated with the HRMMU and has
been granting access to detainees recently arrested. The HRMMU has also met with
detainees’ lawyers and relatives. The HRMMU has the following concerns about actions
committed by the SBU in the investigation, including violations of legal guarantees and
ill treatment during the investigation process, which are as follows: (a) excessive use of
force during arrest and house searches contravening fundamental human rights; (b) the
illegal practice of disclosing personal data in relation to arrested foreign citizens, which
violates the presumption of innocence; (c) the obligation to immediately inform the
arrested person, in detail and in a language he/she understands, of the reasons for his/her
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