Mr. A.A. Novikov
Deputy Prosecutor Lenin district
Vinnytsya, Ukraine
Dear Mr. Novikov,
We are writing to you to express our serious concern over the charges brought against Mr. Dmytro Groisman, coordinator of the Vinnytsya Human Rights Group (VHRG).
We understand that your office charged Mr. Groisman on December 21, 2010, with three counts of distributing pornography and one count of offending state symbols, in violation of articles 301 and 338, respectively, of Ukraine's criminal code. These charges follow the seizure of equipment and materials from Mr. Groisman's home and the office premises of the Vinnytsya Human Rights Group on October 15.
We have serious concerns that the charges brought against Mr. Groisman are in retaliation for his legitimate work as a human rights activist who defends victims of human rights abuses as well as refugees and migrants living in Ukraine.
One of the pornography counts relates to Mr. Groisman's posting of a video link on his internet blog, which shows Russian political figures engaging in acts of a sexual nature. As you are certainly aware, this link has been viewed on various internet sites, including a number of Ukrainian news websites, hundreds of thousands of times and has been re-posted countless times across the world. We therefore kindly ask you to provide us with comprehensive information regarding all other persons or entities that have been charged for posting this link on a website accessible in Ukraine; if nobody else has been charged we kindly ask you for an explanation as to why Mr. Groisman is the only individual facing such charges.
We are also surprised to learn that your office charged Mr. Groisman for repeated distribution of pornographic images, an offence under part 3, Article 301 of the Criminal Code of Ukraine, and which is punishable by imprisonment of up to seven years. The images in question are, in fact, abstract graphics published and widely circulated by the German AIDS Foundation specifically for the purpose of providing instructions about safe sex methods to prevent HIV infection.
Mr. Groisman was further charged with offending state symbols, which is punishable by fine or imprisonment of up to six months. The alleged offence was committed through the posting of a photo on his blog which shows a statue featuring a phallic symbol and a copy of the Ukrainian Constitution. Forensic expertise conducted upon your office's request concluded that the photo "denigrates the national symbol of Ukraine" and "demonstrates a negative attitude towards the government."
We sincerely urge you to take into account that the posting of images deemed to be provocative, critical of the government, or offending morals may not constitute criminal behavior but falls within the realm of legitimate freedom of expression. The European Court of Human Rights held that information or ideas that offend, shock, or disturb the State or any sector of the population constitute freedom of expression as set out by article 10 of the European Convention of Human Rights. Any limitation or penalty of the exercise of this right must be proportionate to a legitimate aim pursued.
Several factors give rise to concern that the charges against Mr. Groisman derive not from the state's concern about distribution of pornography or degrading of state symbols but instead were brought in connection with his organization's human rights work.
Firstly, the vast majority of the materials seized from Mr. Groisman's home and the office premises of VHRG pertain to VHRG's human rights work, including refugee interviews, draft court appeals, copies of migration documents, photographs, migrant registration documents, and other confidential materials, such as files related to two cases pending before the European Court of Human Rights. Police who initially interrogated VHRG staff asked questions mainly about the organization's work with with asylum seekers. On October 15, 2010 police conducted a prima facie lawful search of Groisman's apartment, but upon completing it insisted on searching the VHRG office, located in the same building, although they had no warrant authorizing the search as required by Ukrainian Criminal Procedure Code.
Secondly, local authorities have previously subjected the VHRG to harassment and pressure. In February 2010, after the organization published a statement condemning the extradition of a Russian citizen to Russia in violation of Ukraine's international obligations, and the organization was subject to an inspection by the Vinnytsya police Organized Crime Department. Police alleged that the statement was detrimental to the "international image of Ukraine." Also, in summer 2009, an official from the Vinnytsya police's Human Trafficking Department asked Mr. Groisman to become an informant about the organization's asylum cases, including the names and addresses of asylum seekers. After Mr. Groisman refused, the Human Trafficking Department sent the organization an official request to provide detailed information about all asylum seekers registered in its database since 2007, as well as details about their entry into and progress through Ukraine's asylum procedure. The organization refused to comply as it is bound by a strict confidentiality agreement with each client not to disclose any information to third parties unless specifically authorized to do so.
Finally, the charges came as the VHRG was in the midst of a joint project with the international human rights organization WITNESS that involved recording video testimonies of asylum seekers, predominantly from Somalia, who claim they were harassed and extorted by the Vinnytsya police on a regular basis.
We will closely monitor the prosecution's proceedings against Mr. Groisman in order to assess whether Ukraine respects its international human rights obligations. For this purpose, we kindly request you to provide us with clarification as to how the charges brought against Mr. Groisman are in line with Ukraine's obligation under article 10 of the European Convention of Human Rights.
Finally, we kindly ask you to provide an update on the investigation of the criminal complaint filed by Mr. Groisman with the prosecutor's office on October 19, 2010 following the October 15 search of the VHRG's office, noted above. Since October, none of the Vinnytsya Human Rights Group property, including computers and work-related materials, has been returned and the group has not been able to resume its lawful human rights activities.
We look forward to hearing from you.
Sincerely,
Rachel Denber
Acting Executive Director
Europe and Central Asia Division
