● On September 13, the website of the Trizub movement named after Stepan Bandera (the organization which later became the basis for the Right Sector) published an indignant outburst about Elton John’s speech at the YES forum (Yalta European Strategy Annual Meeting), where the famous musician spoke out in favor of protecting human rights regardless of sexual orientation and gender identity.324. The anonymous article on the website called Elton John’s speech “propaganda of degeneracy.”325.
● On the evening of September 14, four unknown attackers beat Nick Carter and an anonymous friend of his. Nick Carter had often publicly defended the rights of the LGBT community. The attack happened near the address: 10 Obolonsky prospekt. According to the victim, four persons attacked them at approximately 10 PM when they were returning home from the local store. The attackers were shouting homophobic slurs. N. Carter took severe damage to the face, and his companion got a concussion.
The victims were given medical aid, and they filed a statement for the police about the incident326.
● On December 13-16, during the Festival of Equality in Kyiv, whose program included LGBT themes, unknown vandals wrote insulting graffiti on the fences and walkways near one of the buildings hosting the events. The territory belonged to the “Isolation” Platform for Cultural Initiatives, which moved to Kyiv from Donetsk after the beginning of Russian occupation. The graffiti included signs like: “Go here for perverts” and “Homosexuality is unnatural.”327
● On the morning of December 18 unknown vandals painted a homophobic graffiti in red paint over the mural “Testing makes you stronger,” located on the outer wall of a building housing the office of the LGBT organization “Tochka Opory” (“Fulcrum”). The homophobes painted a Celtic cross and wrote “death to perverts.”328.
7. Actions taken by the government and law enforcement bodies.
On January 14, the Prosecutor’s Office of Nikolayev Region opened criminal proceedings according to Article 161 of the Ukrainian Criminal Code ( Violation of citizens' equality based on their race, nationality or religious preferences”) due to the administration and staff of the Nikolayev bar “Sotka” discriminating against visitors who were in their opinion neither Russian nor Ukrainian and refusing them service329. Several cases were recorded in late 2014 and early 2015 when bar staff refused to provide service to an ethnic Armenian, an ethnic Azerbaijani, and ethnic representatives of other groups, citing an order given by higher-ups330.
Cases of discrimination by race continued even after criminal proceedings were opened, and the owner of the bar, former MP Victor Gorbachev, said that the investigator allegedly told him immediately that his actions do not constitute components of a crime under Article 161 of the Ukrainian Criminal Code.331.
On January 15, a rally was held in the town of Izmail (Odessa Region) near the city Directorate of Internal Affairs. The participants of the rally accused members of the Romani community of drug dealing and the law enforcement officers of inaction. Gennadiy Druzenko, Special Representative on Ethnic Policy, came from Kyiv specifically to deal with this event. He went to the protesters and assured them that the problem is “not ethnic, but criminal in nature” and that “crime has no ethnicity.”332.
On January 20, the Board Chairman of the NGO “Exodus” (“Ishod”) Oleg Novikov was detained due to suspicions of being complicit in separatist activity333. Anti-Ukrainian literature and symbols of the so-called “Novorossiya” and the “Kharkov People’s Republic” were found and confiscated by the investigation during the search. It later became known that Oleg Novikov is being accused according to Article 110, Part 2 of the Ukrainian Criminal Code (“Trespass against territorial integrity and inviolability of Ukraine”).
As the leader of “Exodus,” Novikov also gained his notoriety through his anti-Semitic statements.
On January 22, the PR Department of the Ukrainian Ministry of Foreign Affairs announced that a post for a Special Representative for Preventing and Counteracting Xenophobia and Anti-Semitism will be created at the MFA334.
On February 4, adopted a resolution to hold parliamentary hearings titled “Role, importance and influence of civil society for the formation of an ethno-national policy of unity in Ukraine.”335.
On March 11, the aforementioned parliamentary hearings were held with no change to their title.336.
The parliament heard a number of speakers, including Cabinet of Ministers Representative for Ethno-National Policy Gennadiy Druzenko, Vice Prime Minister and Minister of Culture of Ukraine Vyacheslav Kyrylenko, Chairperson of the Ukrainian Parliamentary Committee on Human Rights, Ethnic Minorities and Inter-Ethnic Relations Hryhorii Nemyrya, Executive Vice President of the Congress of National Communities of Ukraine (CNCU), Co-President of the Association of Jewish Communities and Organizations of Ukraine (VAAD Ukraine), Euro-Asian Jewish Congress General Council Chairman Josef Zissels337, CNCU Executive Director Anna Lenchovskaya338 and others.
On March 14, the Goloseevo District Court of Kyiv opened criminal proceedings according to Article 296, Part 2 of the Ukrainian Criminal Code (“hooliganism”) against a group of young people who had bullied people whom they considered to be homosexuals. The investigation materials note that the group acted under the name “Modniy Prigovor” (“Fashion Verdict”).339 “Fashion Verdict” is a “brand name” for the followers of famous Russian neo-Nazi Maksim Martzinkevich, who specializes in aggressive acts against LGBT people and some other groups, including businesspeople. In particular, in September 2013, a group of “Fashion Verdict” followers attacked a makeshift hostel for internally displaced persons from the Donetsk territories occupied by Russia, which had been organized by left-wing activists in an abandoned house340. Moreover, “Fashion Verdict” representatives attack places selling smoke mixes (so-called “spices”) and illegal slot machine halls.
On March 24, the Kyiv District Court of Odesa had sentenced the 19-year-old coordinator of the local “Fashion Verdict” group to seven years of jail.
According to the case materials, on October 22, 2012, participants of the group arranged a meeting near the “411 Battery” memorial with a man through the Internet under false pretenses (introducing themselves as an underage young woman). Approximately 10 hooligans surrounded the man and, threatening him with violence, made him admit that he is a “pedophile” and made him commit various humiliating acts. The coordinator of the group, who had later been convicted, pushed the bullying, and it turned into a beating. The victim was hospitalized to the Odesa City Clinical Hospital #1, where he died of his injuries four days later.341.
On June 4, Ukrainian Ombudsman representative on human rights Aksana Filipishina stated that the Russian law enforcement bodies are not undertaking proper investigation of crimes committed in the occupied Autonomous Republic of Crimea. In particular, the murder of the 16-year-old Mark Ivanenko, who died as a result of a severe beating in April 2014, is still not being investigated. According to Filipishina, “Ivannko was killed only for refusing to respond to the demand of law enforcement officers to speak Russian. Eyewitnesses say he spoke Ukrainian”342.
According to a report of the press service of Ukrainian Ombudsman Valeriya Lutkovska, published on July 1, after the Ombudsman appealed to the Head of the Ministry of Internal Affairs Department in the Mykolaiv Region343, criminal proceedings were opened on the basis of the anti-Semitic vandalism against a Holocaust memorial in Mykolaiv, which took place in the night of March 21. The law enforcement authorities had initially refused to open criminal proceedings. 344.
On July 26, a 23-year-old woman from Sierra Leone with an eight-month-old baby was forbidden from boarding a mini-bus. Moreover, the passengers called the police, who, according to the woman, kept her in handcuffs for approximately half an hour. The incident involved racist statements from the passengers.345. The police later stated that they did not emply handcuffs, while the media cited eyewitness accounts that the handcuffs were only fastened on one wrist. Moreover, journalists cited witness accounts, according to which the woman was requested to leave not for any racist reasons, but because she did not pay the passenger fare.346.
According to the Ombudsman’s Office of the Ukrainian Parliament, after an interjection of the regional coordinator for the Ombudsman’s office, the Uzhgorod police began an official investigation into an incident that has possible roots in racial discrimination. The investigation began on August 3.347.
On September 29, after the official ceremony of laying of wreaths in the Babiy Yar, commemorating the 74th anniversary of the beginning of the Babiy Yar shootings, the Prime Minister of Ukraine Arseniy Yatsenyuk held a meeting with representatives of various Ukrainian government bodies, MPs that are part of the Ukraine-Israel Interparliamentary Commission, and leaders of Ukrainian Jewish organizations. Yatsenyuk reacted to the increasingly more common desecrations of the Holocaust memorial in Babiy Yar, which garnered a wide resonance both in Ukraine itself and beyond its borders, by giving a number of orders to representatives of the Ministry of Internal Affairs. The head of state announced that security measures will be improved, video surveillance systems installed, and additional patrols will be working on the scene. “This holy place is protected and will continue to be protected by the government. And anyone attempting vandalize its memory will be punished,” Yatsenyuk stressed .348.
Earlier, the Ukrainian Prime Minister assured World Jewish Congress CEO Robert Singer of the seriousness of the Ukrainian government’s intent to fight manifestations of anti-Semitism in a letter349.
On October 5, the Goloseevo District Court of Kyiv found two students, Roman Portyanko and Oleg Rybalchenko, guilty of arson and gave them to 3 and 2 years of suspended sentence respectively. The students had set fire to the Zhovten cinema in Kyiv.
Prejudicial inquiry has confirmed that the aforementioned persons attempted to sabotage a film showing by throwing smoke grenades inside the movie theater. The smoke grenades, however, caused a fire. The investigation believes that the crime’s motive had been hooliganism and that the students had not intended to set fire to the building. During the hearings, the defendants stated that they wanted to take action “against the propaganda of non-traditional [sexual] orientation,” i.e. their motive was hatred for LGBT people. The youths were found guilty according to Article 296, Part 2 (“hooliganism”) and Article 263, Part 1 (“Carrying, storing, purchasing, producing, repairing, transferring or selling firearms (other than smoothbore hunting guns), ammunition, explosive substances or explosive devices without a permit required by law”)350.
On October 29, incidents of police misconduct towards the Romani residents of Zolotonosha city (Cherkasy region) came to light. According to community representatives, police officers entered the homes of Romani families, arrested them and took them to the local police department.
The Director of the Romani organization “Chirikli” Zola Kondur addressed Mikhail Chaplyga, who is the local representative of the Ukrainian Parliament Ombudsman. After the Ombudsman’s office interfered, the arrests stopped.351.
On November 2, the leader of the National Minority Rights Monitoring Group Vyacheslav Likhachev participated in a meeting with representatives of the Ukrainian Security Services and the Ministry of Internal Affairs as part of the NCSEJ (National Coalition Supporting Eurasian Jewry) delegation. The meeting was dedicated to counteracting hate crime. Representatives of government bodies showed a high level of understanding of the importance of the problem at hand; however, they also displayed unwillingness to change the current practices of counteraction, which are ineffective.
Measures to counteract xenophobia were also discussed at the NCSEJ meetings with Ukrainian Prime Minister Arseniy Yatsenyuk, Parliament Speaker Vladimir Groysman, Kyiv Mayor Vitaliy Klitschko, Ukrainian Minister of Foreign Affairs Pavel Klimkin and Head of the Presidential Administration Boris Lozhkin352.
On December 14, a highly-charged quarrel happened between Ukrainian Minister of Internal Affairs Arsen Avakov and Odessa Regional State Administration Chairman Mikhail Saakashvili. The latter accused Ukrainian Prime Minister Arseniy Yatsenyuk and the Minister of Internal Affairs of being corrupt. During the shouting match, Arsen Avakov shouted at the former Georgian President: “Get out of my country!” Arseniy Yatsenyuk also called for Saakashvili to “get out of Ukraine” and called him an “actor on tour” [implying that Saakashvili’s tenure is a mere publicity stunt -transl.].353.
On the next day, December 15, Ukrainian President Petro Poroshenko officially commented on the incident, in which he stressed that “abusive language and insults are inadmissible in the National Council of all places. Particularly those with a xenophobic subtext, which insult a person’s national dignity, question their Ukrainian patriotism, and tell someone to “get out of Ukraine.” 354.
Conclusion: most important results and tendencies
In 2015, as in the previous year, the definitive problem influencing not only xenophobia, but general human rights violations in Ukraine, is Russian military aggression. Nonetheless, there are certain changes in the dynamics of the situation.
● In general, the xenophobia situation in Ukraine has slightly improved. The monitoring recorded fewer violent incidents motivated by hatred. However, the level of xenophobic vandalism, and anti-Semitic vandalism in particular, remains relatively high.
● In comparison to 2014, the situation has become slightly less strenuous even in the puppet regimes created by the Russian aggressors in occupied territories of the Donetsk and Luhansk regions. The reasons for this are twofold: first of all, the fighting has decreased in intensity and, second, groups that were disloyal or potentially disloyal to the occupants have been either destroyed or forced to leave the occupied territories. Neo-Protestant charismatic churches (which used to be plentiful), foreign students, Roma, Mekshetian Turks, and a large part of the Jewish community have all largely vacated the territories. Leaders of the puppet regimes of the so-called Donetsk and Luhansk People’s Republics regularly make anti-Semitic statements, but we have not recorded any anti-Semitic crime in LNR and DNR.
● In the occupied Autonomous Republic of Crimea, on the contrary, the situation continues to grow worse. As in the first year of the occupation, the Crimean Tatars continue to be systematically discriminated against by the occupational government. Persecution of the independent Crimean Tatar movement has grown stronger, organizations and media outlets are being dissolved. Xenophobic violence has become more frequent.
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