Identifier
Created
Classification
Origin
09KYIV1131
2009-07-06 14:36:00
UNCLASSIFIED
Embassy Kyiv
Cable title:
HUMAN RIGHTS OMBUDSMAN REPORTS ON TORTURE, NEED
how-toVZCZCXRO8895 PP RUEHDBU RUEHLN RUEHSK RUEHVK RUEHYG DE RUEHKV #1131/01 1871436 ZNR UUUUU ZZH P 061436Z JUL 09 FM AMEMBASSY KYIV TO RUEHC/SECSTATE WASHDC PRIORITY 8072 INFO RUCNCIS/CIS COLLECTIVE
UNCLAS SECTION 01 OF 02 KYIV 001131
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM UP
SUBJECT: HUMAN RIGHTS OMBUDSMAN REPORTS ON TORTURE, NEED
FOR JUDICIAL REFORM
(U) Sensitive but unclassified, please handle accordingly.
Summary
-------
UNCLAS SECTION 01 OF 02 KYIV 001131
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM UP
SUBJECT: HUMAN RIGHTS OMBUDSMAN REPORTS ON TORTURE, NEED
FOR JUDICIAL REFORM
(U) Sensitive but unclassified, please handle accordingly.
Summary
--------------
1. (SBU) Human Rights Ombudsman Nina Karpachova recently
presented a report to the Rada highlighting problems with the
judiciary, torture in pretrial detention, and poverty. Human
rights experts we spoke with gave her some credit for raising
these concerns but criticized her for being too involved in
politics and not effectively using her position to advocate
for human rights. End Summary.
Ombudsman Criticized for Political Ambitions
--------------
2. (SBU) Human rights groups have often criticized Human
Rights Ombudsman Nina Karpachova for her political ambition.
Karpachova, who has held the post since 1999, came under fire
in 2007 from human rights groups for keeping her position as
Ombudsman after winning a seat in the Rada as a Party of
Regions MP. In response to accusations of conflict of
interest, she relinquished her Rada seat in 2008. She was
subsequently reelected by a vote of the Rada to the post,
officially known as the Parliamentary Commissioner on Human
Rights. Since 2008, even her critics acknowledge that
Karpachova has been more active - but selective - in
addressing claims of human rights violations.
Ombudsman Sees Poverty as Top Problem
--------------
3. (U) Karpachova presented her constitutionally-mandated
annual report, the first since 2005, to a sparsely attended
session of the Rada on June 24. Her top concerns were
inadequate government programs to address poverty, the lack
of access to government-provided land and housing, a
dysfunctional judiciary, and abuses in pre-trial detention
and prisons. Karpachova argued that poverty was the primary
cause of human rights problems claiming that up to 70 percent
of Ukrainians live below the poverty line. She said that
wage arrears, unemployment, the lack of free medical care,
and long waits for government-provided housing added to the
misery caused by the economic downturn. She added that
migration flows from other countries through Ukraine, caused
the global economic downturn, was a growing problem. To
address increased migration flows, she called for the
Government to establish a central migration authority.
Calls for Judicial Reform, Better Prison Conditions
-------------- --------------
4. (U) Karpachova said the most desperate complaints she
receives involve the judiciary and she called for its reform.
She reported that only 35 percent of court rulings were
actually implemented in 2008. The Ombudsman received 1922
complaints of police violence to coerce confessions or bribes
in 2008 compared to 1428 complaints in 2007. The Ombudsman
cited inhuman conditions in prisons but noted some progress
with the reduction of the prison population by roughly
one-third since 2000. She credited this drop to more humane
sentencing.
Human Rights Advocate: Ombudsman too Cautious
--------------
5. (SBU) Yevhen Zakharov, a respected human rights advocate
who ran for the Ombudsman position against Karpachova in
2008, told Emboff that the report's findings were overly
cautious. Zakharov questioned Karpachova's claim that
seventy percent of Ukrainians live in poverty but agreed that
there is a growing gap between the rich and poor. He agreed
with her call to reform the judiciary but noted that she
offered no concrete recommendations ) probably out of fear
of fallout in a politically charged election year. Zakharov
felt Karpachova should have specifically mentioned political
interference in the court system but credited her for raising
the problem of abuse in pretrial detention and prisons.
Critic: Ombudsman Ruined Credibility of her Office
-------------- --------------
6. (SBU) Human Rights advocate Seymon Gluzman dismissed
Karpachova's report and characterized her overall work as
lacking substance. While acknowledging that her report
addressed the problem of torture in pretrial detention, he
said that she was only restating complaints made human rights
NGOs. Gluzman asserted that the office of Ombudsman lacks
authority and does not play a leading role in protecting
human rights. However, Karpachova should have been more
assertive during her tenure. By not speaking out on
KYIV 00001131 002 OF 002
"substantive" issues, Karpachova had damaged the credibility
of the office of the Ombudsman as an institution, asserted
Gluzman.
Comment
--------------
7. (SBU) The release of the report ) the first since 2005
) is another indication that Karpachova has been more active
over the past year. The report's coverage of problems such
as torture and judicial reform - something we hear about from
our human rights contacts - is a positive development.
However, despite her improved efforts, Karpachova will have a
hard time regaining credibility within the human rights
community.
PETTIT
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM UP
SUBJECT: HUMAN RIGHTS OMBUDSMAN REPORTS ON TORTURE, NEED
FOR JUDICIAL REFORM
(U) Sensitive but unclassified, please handle accordingly.
Summary
--------------
1. (SBU) Human Rights Ombudsman Nina Karpachova recently
presented a report to the Rada highlighting problems with the
judiciary, torture in pretrial detention, and poverty. Human
rights experts we spoke with gave her some credit for raising
these concerns but criticized her for being too involved in
politics and not effectively using her position to advocate
for human rights. End Summary.
Ombudsman Criticized for Political Ambitions
--------------
2. (SBU) Human rights groups have often criticized Human
Rights Ombudsman Nina Karpachova for her political ambition.
Karpachova, who has held the post since 1999, came under fire
in 2007 from human rights groups for keeping her position as
Ombudsman after winning a seat in the Rada as a Party of
Regions MP. In response to accusations of conflict of
interest, she relinquished her Rada seat in 2008. She was
subsequently reelected by a vote of the Rada to the post,
officially known as the Parliamentary Commissioner on Human
Rights. Since 2008, even her critics acknowledge that
Karpachova has been more active - but selective - in
addressing claims of human rights violations.
Ombudsman Sees Poverty as Top Problem
--------------
3. (U) Karpachova presented her constitutionally-mandated
annual report, the first since 2005, to a sparsely attended
session of the Rada on June 24. Her top concerns were
inadequate government programs to address poverty, the lack
of access to government-provided land and housing, a
dysfunctional judiciary, and abuses in pre-trial detention
and prisons. Karpachova argued that poverty was the primary
cause of human rights problems claiming that up to 70 percent
of Ukrainians live below the poverty line. She said that
wage arrears, unemployment, the lack of free medical care,
and long waits for government-provided housing added to the
misery caused by the economic downturn. She added that
migration flows from other countries through Ukraine, caused
the global economic downturn, was a growing problem. To
address increased migration flows, she called for the
Government to establish a central migration authority.
Calls for Judicial Reform, Better Prison Conditions
-------------- --------------
4. (U) Karpachova said the most desperate complaints she
receives involve the judiciary and she called for its reform.
She reported that only 35 percent of court rulings were
actually implemented in 2008. The Ombudsman received 1922
complaints of police violence to coerce confessions or bribes
in 2008 compared to 1428 complaints in 2007. The Ombudsman
cited inhuman conditions in prisons but noted some progress
with the reduction of the prison population by roughly
one-third since 2000. She credited this drop to more humane
sentencing.
Human Rights Advocate: Ombudsman too Cautious
--------------
5. (SBU) Yevhen Zakharov, a respected human rights advocate
who ran for the Ombudsman position against Karpachova in
2008, told Emboff that the report's findings were overly
cautious. Zakharov questioned Karpachova's claim that
seventy percent of Ukrainians live in poverty but agreed that
there is a growing gap between the rich and poor. He agreed
with her call to reform the judiciary but noted that she
offered no concrete recommendations ) probably out of fear
of fallout in a politically charged election year. Zakharov
felt Karpachova should have specifically mentioned political
interference in the court system but credited her for raising
the problem of abuse in pretrial detention and prisons.
Critic: Ombudsman Ruined Credibility of her Office
-------------- --------------
6. (SBU) Human Rights advocate Seymon Gluzman dismissed
Karpachova's report and characterized her overall work as
lacking substance. While acknowledging that her report
addressed the problem of torture in pretrial detention, he
said that she was only restating complaints made human rights
NGOs. Gluzman asserted that the office of Ombudsman lacks
authority and does not play a leading role in protecting
human rights. However, Karpachova should have been more
assertive during her tenure. By not speaking out on
KYIV 00001131 002 OF 002
"substantive" issues, Karpachova had damaged the credibility
of the office of the Ombudsman as an institution, asserted
Gluzman.
Comment
--------------
7. (SBU) The release of the report ) the first since 2005
) is another indication that Karpachova has been more active
over the past year. The report's coverage of problems such
as torture and judicial reform - something we hear about from
our human rights contacts - is a positive development.
However, despite her improved efforts, Karpachova will have a
hard time regaining credibility within the human rights
community.
PETTIT