Human rights activists urge Verkhovna Rada to adopt a bill on the protection of prisoners
On September 27, 2021, the President of Ukraine Volodymyr Zelensky submitted to the Verkhovna Rada three urgent bills on the protection of Kremlin prisoners and their families. The Draft Law “On social and legal protection of persons who have been deprived of personal liberty as a result of armed aggression against Ukraine and members of their families has been established” (Reg. № 6104), as well as related draft laws № 6105 and № 6106 without exaggeration, are much anticipated, because Ukrainian political prisoners in the Crimea and the Russian Federation, military and civilian hostages in the temporarily occupied territories of Ukraine, their relatives, human rights activists have been waiting for this for more than five years.
These legislative acts testify about the state leadership political will on the eighth year of Russian aggression and occupation of part of Ukraine to finally determine at the legislative level who can be considered persons deprived of liberty in connection with the armed conflict, as well as to provide additional benefits and guarantees for prisoners and their families.
The draft law clearly defines who can be considered deprived of liberty as a result of armed aggression against Ukraine, in particular:
• military prisoners, POW (citizens of Ukraine who were deprived of their liberty by the aggressor state, its bodies, in connection with their protection of the state sovereignty of Ukraine, its independence, territorial integrity);
• civilian hostages (citizens of Ukraine who have been deprived of liberty in connection with illegal actions of the aggressor state, its bodies, subdivisions, formations, other entities with the explicit or implicit purpose of motivating Ukraine, another state, state body, organization, including international, legal or natural persons to act or refrain from taking action as a condition for the release of a citizen of Ukraine);
• prisoners for political reasons (prisonnier d’opinion, citizens of Ukraine who have been deprived of liberty by the aggressor state, its bodies, in connection with the implementation by such citizens of activities aimed at expressing views, values of positions on defending the state sovereignty of Ukraine, as well as professionals, public, political or human rights activities).
Although the state provided some assistance to such individuals and their families through government mechanisms, firstly, it was not guaranteed by law, and secondly, a systematic approach to such support was never established.
The bill defines the types of state aid that can be provided to prisoners and their families, including:
• annual financial assistance during the period of imprisonment;
• one-time financial assistance in case of death of such a person, or death within a year after his release;
• one-time financial assistance to such persons after their release.
The draft law also establishes guarantees for legal protection and reimbursement of professional legal aid, as well as guaranteeing the right to free secondary legal aid during imprisonment and after release; medical care and rehabilitation, including psychological care, sanatorium treatment of persons after their release; restorative (post-isolation, reintegration) measures, adaptation and support of persons in respect of whom the fact of deprivation of personal liberty as a result of armed aggression against Ukraine has been established, after their release; providing housing for temporary residence; ensuring the implementation of labor rights in the field of employment; the right to education and to obtain vocational, professional and higher education in state and municipal educational institutions; privileges at registration of the passport to become a citizen of Ukraine and the passport of the citizen of Ukraine for departure abroad; deferral of payments on liabilities, exemption from tax reporting and prohibition of measures aimed at repayment (recovery) of monetary obligations and / or tax debt, etc.
As of October 1, 2021, 321 persons released from Russian captivity in the period 2014-2019 were recognized as having been deprived of personal liberty as a result of armed aggression against Ukraine. In addition, according to human rights organizations, at least 120 Ukrainian political prisoners are still being held in places of detention/restriction of liberty in the Russian Federation and its occupied Crimea, as well as at least 270 military and civilian hostages in the so-called “DPR” and “LPR”.
All these people need the support and protection of the state.
We, representatives of human rights organizations, families of Kremlin prisoners, as well as released political prisoners and hostages, call on the Parliament deputies to adopt bills №6104, 6105 and 6106 on the social and legal protection of political prisoners and their families as soon as possible. As the President of Ukraine introduced these bills as urgent, we hope for their speedy consideration in Parliament. After all, the care of those who were deprived of their liberty as a result of Russia’s armed aggression against our state must cease to be postponed.
Co-signatories
ZMINA Human Rights Center
Platform for the Release of Political Prisoners
Media Initiative Group for Human Rights
Center for Civil Liberties
Association of Relatives of the Kremlin Political Prisoners
Crimea SOS
Ukrainian Helsinki Human Rights Union
