Representative of the United Nations High Commissioner for Refugees marks systematic breaches of Convention on Refugee Status and absence of state policy in this sphere in Kyiv
«We do not have force instruments in order to make somebody fulfill his/her obligations. If government violates the regulations of convention it means it does not correspond to standards of democratic freedoms»,— said regional representative of UNHCR Oldrih Andrisek. He emphasized that European Union will refuse from granting with membership in this organization as a punishment for Kyiv. «It is one of the conditions for the candidates as to entry to EU», — he added.
Mr. Andrisek named the openness of confidential personal information about the pretended persons for refugee status to strangers to be among the most evident breaches of the convention regulations. However, this problem equally touches Ukrainians. Judicial company AstappovLawyers states that deportations of refugee status pretenders to the country where they can face tortures as well as perhaps death are among breaches of international legislation by Ukrainian authorities. The representative of UNHCR partner-company Ivan Lischyna marked that Convention prohibits deportation of group of persons and also invitation to Migration Bodies waiting for decision about their fortune for their further detention. Exactly so, five citizens of Uzbekistan were detained by policemen and supposedly by workers of SSU. In July last year they got to Lukyanivskyi investigation isolation ward because public prosecutor’s office was seeking after their extradition to country of origin. Everybody is suspected in commitment of grave crime against the government just on the grounds of the fact that they do not belong to movement of Islam uncontrolled to regimen of President Karimov. One of the detainees had to be released in some weeks. The other man was set free after more than six-months prison term – he was recognized as a refugee with a right of following departure to a third country. Three more pretenders stay inside the prison for the resent moment. Negative attitude to foreigners looking for asylum in Ukraine does not depend on the shift of authorities in Kyiv. Deportation of Uzbeks in 2006 seriously spoiled image of the country when the previous team was at the head of Ukraine. When arriving to the airport of Tashkent deported persons from Ukraine were condemned at court sittings for durable terms according to the accusation of crimes against constitutional order. The practice testifies that in conditions of Uzbek prisons condemned persons on religious motives die during imprisonment or return back home as handicapped persons.
Ukrainian legislation permits to keep under arrest foreigners hiding from pursuit up to one year and a half. “It does not correspond to world regulations”, – representative of Centre of Law Reform and Bill Works of Ministry of Justice, Elena Synchuk confessed in the course of a talk. According to her words Ministry designed a bill foreseeing the broadening of refugees’ rights. In particular, it is foreseen to allow them to work legally in the country. “The head Expert-Analytical Administration of Council considered our proposals as too burdensome for state treasury and much too liberal in regards to refugees, thus a document was returned as requiring improvement”, – Mrs. Synchuk announced.
The final decision of foreigners’ destiny looking for asylum in Ukraine will be made by the court. In accordance with data of UNHCR on January 1, 2011 there were 1345 persons in the country waiting for a decision of migration bodies and court as to their applications on granting them with corresponding status. In the course of six months 2011, 10% of applicants were granted refugee right. Administrative reform and reorganization of Sate Migration Service have only worsened the situation. “The other day I met the head of newly created service. Apparently, that they are just thinking of the plan how should they work. This service is still out of order and cannot work normally”, – Mr. Andrisek stated. At the same time he is not inclined to apprehend the practice of Ukrainian courts when considering the applications on asylum as a result of system policy. UNHCR representative supposes a formal approach as a consequence of judges’ overload and absence of proper training. Regional representation of UNCR is planning to conduct three-day seminar for judges from Ukraine, Belorussia and Moldova in order to meet a lack partially in education.