MINELRES: ERRC: No Justice in Ukraine Killings

[MINELRES moderator]

Original sender: European Roma Rights Center <errc@errc.org>



European Roma Rights Center Letter of Concern:
Killings of Roma Poltava Province of Ukraine

On May 22, 2002, the European Roma Rights Center (ERRC) sent a letter
to Acting Chief Prosecutor of Ukraine Mr M.V. Garnyk to urge him to
undertake all measures available to his office to ensure that justice
is served in connection with the October 2001 killing by arson of five
Roma in the Poltava Province of Ukraine. The ERRC's May 2002 letter is
the second such letter sent to the Ukrainian Chief Prosecutor: A
January 2002 letter to the same office has to date met with no
response. The ERRC is concerned at the failure to date to bring
justice in the case, as well as the impunity the perpetrators
presently enjoy. Information on the human rights situation of Roma in
Ukraine is available on the Internet at:
http://errc.org/publications/indices/ukraine.shtml.
The text of the ERRC's May 22 letter, including details of the case,
follows:

Honourable Acting Chief Prosecutor Garnyk,

Honourable Acting Chief Prosecutor Garnyk, the ERRC previously sent a
letter of concern on January 16, 2002, in connection with the reported
killing of a Romani family, allegedly by a police officer and two
accomplices, in the Poltava Province of Ukraine. In our January 16
letter, we called upon your office to ensure that a thorough and
impartial investigation is carried out into the fire which caused the
death of five Romani persons and serious injuries to another two
Romani persons, and that any and all persons guilty of crimes in
connection with the case are prosecuted to the fullest extent of the
law. As of May 22, 2002, the ERRC had not received any response to
that letter. The ERRC hereby reiterates its appeal that any and all
harmed parties receive due just remedy, including all relevant
damages, and respectfully requests to be informed of the results of
any actions taken by your office in connection with this case.

The ERRC has received information that in the morning hours on October
28, 2001, five members of the Romani family Fedorchenko died following
an arson attack on their home at approximately 7:30 AM in the village
of Malaya Kakhovka in central Ukraine. On the same morning, five
members of the family were admitted to hospital suffering from smoke
inhalation and extensive burns. Twenty-one-year-old Mrs Zukhra
Fedorchenko suffered burns to her respiratory tract and over 65
percent of her body. She died on October 30, 2001, two days after
being admitted to the hospital. Her 6-year-old daughter Snezhana
suffered burns to 100 percent of her body and died within forty
minutes of arriving at the hospital. Her 3-year-old son Misha suffered
burns to 80 percent of his body and died on October 29, 2001, in the
hospital. Fifteen-year-old Takhar Fedorchenko suffered burns to 70
percent of his body. As of mid-January 2002, he was reportedly still
being treated for serious bodily injuries sustained during the arson
attack, and photographs taken on at the beginning of March 2002 show
that significant injuries remain. Fifty-year-old Jurij Fedorchenko,
father of Zukhra Fedorchenko, suffered burns to 40 percent of his
body, but reportedly refused to be taken to the hospital out of fear.
Twenty-five-year-old Vladimir Fedorchenko, Mrs Fedorchenko�s husband,
and their 6-year-old son Jura were found dead in the house the same
morning.

According to Mr Jurij Fedorchenko�s testimony, at approximately 7:30
AM on October 28, 2001, he was leaving his house while the rest of the
family was sleeping. When he opened the entrance door, he allegedly
came upon three men, one of whom he immediately recognised as Police
Major Ivanov of the Kryukov Area Police Department, one tall unknown
man with red hair and another unknown man. One of the two unknown men
was holding a 5-litre polythene bottle. Mr Fedorchenko stated that the
men pushed him inside the house, and one of them hit Mr Fedorchenko on
his head with a hard object. Mr Fedorchenko reported that when he
pleaded with Police Major Ivanov not to harm his family, Police Major
Ivanov responded, �I will turn you into black roses.� The tall man
with red hair then allegedly started sprinkling what was apparently
flammable liquid from the 5-litre bottle throughout the house,
including on members of the Fedorchenko family. Mr Fedorchenko stated
that the three men then set the house on fire and fled, barring the
entrance door of the house from the outside, apparently to prevent
people from escaping. According to Mr Fedorchenko, shortly afterwards,
there was a large explosion, the force of which threw him from the
house, together with the door. He told the ERRC that he was on fire at
the time. Shortly thereafter, neighbours and fire-fighters reportedly
pulled family members from the house and they were taken to the
hospital.

According to the Kremenchug-based weekly newspaper Kremin� of November
2, 2001, witnesses stated that the windows and doors of the house were
blown out during the explosion, and everything inside the house was
burnt. Witnesses also reported seeing three men running from the
vicinity of the fire immediately after the explosion. Kremin� also
reported that the fire-fighter who extinguished the fire found
evidence of arson � a burnt piece of a 5-liter polythene bottle with
the smell of an inflammable substance. The article in Kremin� also
stated that unspecified sources alleged that police officers had asked
the fire-fighters to state that the fire had started because straw had
ignited, but that the firemen had refused to strike a �deal�.

Mr Jurij Fedorchenko reportedly stated that he had informed the police
that he believed the arson had been organised by Police Major Ivanov
as punishment, allegedly because the Fedorchenko family could not pay
a monthly bribe of 200 Ukrainian hryvna (approximately 43 euros),
levied by Police Major Ivanov because Mrs Zukhra Fedorchenko had been
involved in drug trafficking for a short time. According to Mr
Fedorchenko, Police Major Ivanov had been at his house two months
before the arson attack to demand a bribe, when Mrs Zukhra Fedorchenko
told him that she was no longer involved in drug trafficking and that
she had no money to pay the bribe. Police Major Ivanov then allegedly
made verbal threats to the family, and on several occasions made
illegal searches of their house and beat Mrs Fedorchenko�s children.
During an interview with the ERRC on March 6, 2002, Takhar Fedorchenko
also stated that Police Major Ivanov had visited their home several
times during the month before the arson attack, threatening revenge
because the family did not pay him bribes.

According to Kremin� of November 2, 2001, Prosecutor Aleksandr
Jarmonik, charged with investigating the case, claimed to know who the
perpetrators were. He was further quoted as saying that the
involvement of �drug kings in police uniforms� was being considered
probable. Poltava Province Police General, Mr A. Prisyazhnyuk, stated
at an October 29, 2001 press conference that one of the alleged
arsonists was in hiding. The suspect had allegedly stated: �I myself
set those Gypsies on fire,� and confessed to burning two other houses,
also on October 28, 2001, with two accomplices. Police General
Prisyazhnyuk also confirmed the likelihood of involvement of a police
officer from the Department of the Fight Against the Illegal Use of
Drugs in the arson. In accordance with Police General Prisyazhnyuk�s
order, Police Major Ivanov was reportedly temporarily suspended from
his duties. As of March 10, 2002, no charges had been brought against
Police Major Ivanov in connection with the case. As of May 16, 2002,
the two unknown men were reportedly being held in detention in
connection with the case, and investigation was ongoing. According to
a local Romani man, who due to fear of retaliation requested that his
name not be revealed, since the attack, Police Major Ivanov has
regularly threatened Roma, and many Roma have fled the village,
fearing further violence. The Romani man also informed the ERRC that
he believes high-ranking officials at the County Prosecutor�s Office
and the police have covered up police involvement in the crime.

We look forward to any and all details of actions undertaken by
Ukrainian authorities to see justice served in this case.

Sincerely,

Dimitrina Petrova
Executive Director


Persons wishing to express similar concerns are urged to contact:

Mr. M.V. Garnyk, Acting Chief Prosecutor of Ukraine
Fax: 38 (044) 690-26-03

Mr. J.V. Smirnov, Minister of Internal Affairs
Fax: 38 (044) 291-17-33

Mr. O.V. Lavrinovich, Minister of Justice
Fax: 38 (044) 229-66-64

Mr. A.K. Khinah, Prime Minister of Ukraine
Fax: 38 (044) 293-16-63

Mr. L.D. Kuchma, President of Ukraine
Tel: 38 (044) 291-53-33


_____________________________________________

The European Roma Rights Center is an international public interest
law organisation which monitors the rights of Roma and provides legal
defence in cases of human rights abuse. For more information about the
European Roma Rights Center, visit the ERRC on the web at
http://www.errc.org.

European Roma Rights Center
1386 Budapest 62
P.O. Box 906/93
Hungary


Phone: +36 1 4132200
Fax:   +36 1 4132201

_____________________________________________

SUPPORT THE ERRC!

The European Roma Rights Center is dependent upon the generosity of
individual donors for its continued existence. If you believe the ERRC
performs a service valuable to the public, please join in enabling its
future with a contribution. Gifts of all sizes are welcome; bank
transfers are preferred. Please send your contribution to:

European Roma Rights Center
Budapest Bank Rt.
99P00402686
1054 Budapest
Bathory utca 1
Hungary

For correspondence, to subscribe and unsubscribe from this list,
please use 
mailto:office@errc.org.