Author Archives: frank

As legislation has changed so crossing the border becomes more expensive

18-05-2011

Already two weeks the regulations of the Law of Ukraine “About enlist to some legislation acts of Ukraine concerning migration issues” have been active. This document has also increased responsibility for the cross of the state border of Ukraine. In accordance with new standards illegal cross or attempt to cross it illegally will cost to a trespasser rather expensive. For example, just last week four Tadzhiks were detained in Kharkiv region – passengers of the train “Vailuky-Topoli” who were traveling from Russia to Ukraine without corresponding documents. Each of these foreigners was adjudged a penalty in the sum of 3400 UAH, after that they were returned back to Russia. Before penalty comprised from 1700 to 3400 UAH for the border cross by the group of persons, so after May 5 this sum became from 3400 up to 8500 UAH.

Innovations have also substantially extended administrative responsibility for the violation of the rules on foreigner’s stay on the territory of Ukraine as well as for illegal transportation of the foreigners and persons without citizenship along the territory of Ukraine. Besides, the more inflexible became criminal responsibility for smuggling persons through the state border and its organization. According to new legislation the level of responsibility for this break increases if it is committed in a way dangerous for life or health of the person that is smuggled illegally through the border or as to some persons as well as the infringement is done by organized grouping using the service state or sordid animus.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=112512&cat_id=62916

Problems of readmission, extradition and prevention of violent treatment of migrants: the role of law enforcement agents and court bodies of Ukraine in present-day conditions

18-05-2011

On May 12-13, 2011 a training was held in Chernihiv the topic of which was “Protection of migrants and asylum seekers’ rights. Implementation of Agreement about Readmission between Ukraine and EU” for the representatives of police, border service and judges of Chernihiv region.

Necessity of training support of law enforcement agents, judges and other state servicemen arises on migration issues in the frames of Readmission Agreement realization between Ukraine and EU as well as due to the last changes in the legislation of Ukraine in the field of migration especially on the problems of strengthening responsibility for the break of the rules on stay in Ukraine and organization of illegal migration, regulation of procedure of forced expel (extradition) of persons, creation of separate migration body – State Migration Service of Ukraine. The important component in regulation of migration processes is non-admission of violation of the rights of asylum seekers and prevention of cruel treatment of illegal migrants.

Dmytro Plechko, the senior adviser on legal question of UNHCR in Ukraine mentioned that series of problems arise in the process of realization of readmission procedure between Ukraine and EU. Especially the EU countries (e.g. Slovakia) applying procedure of quicken readmission often violate themselves the rights of the asylum seekers by means of non-explanation of their rights, non-provision with the right to apply for refugee status grant to the country of EU and illegal return of illegal migrants to Ukraine.

The chief of Department of Work with Foreigners of Cherkasy Border Detachment Andriy Ivanskyi indicated that for the last years the flow of illegal migration through Ukraine has changed a little. “Before, the most part of illegal migrants from countries of Asia and Africa chose land way arriving to Ukraine through the Russian border until getting to EU countries through Ukraine. Nowadays, they choose more legal ways of getting to Ukraine (e.g. possibility to study at Ukrainian higher establishments) aiming at further moving to EU countries.

Andriy Chernousov, expert of Kharkiv Institute of Social Investigations stressed upon the necessity to follow the rights of asylum seekers by the representatives of police and border service in the context of fight against illegal migration. Law enforcement agents often resort to manifestations of migrant phobia and ruthless treatment of detained illegal migrants. It is especially confirmed by the reports of international human rights organizations concerning Ukraine.

Tuhan Ediev, program director of Chernihiv Human Rights Public Committee separated the basic rights violations of asylum seekers they face during detention and stay in long/short-term detention centers in Ukraine.  In the first place it concerns the resort of physical power by law enforcement agents at detention, absence of interpreters, not providing with a right to apply for asylum in Ukraine, not providing with the right to be present in the court during consideration of the case, etc.

Addressing to the participants of the seminar for the judges, the chief of Court of Appeal of Chernihiv region, Sadig Tyagiev pointed out that the last changes in migration legislation demand special attention from representatives of judicial corps to case consideration as to extradition of foreigners to the countries where they can experience tortures and cruel treatment.

Actions were organized by Chernihiv Public Committee of Human Rights with assistance of PO “Court Association of Ukraine “Foundation of Justice Assistance” in the frames of realization of the project “Realization of advocacy company on rights protection of asylum seekers and persons who are in the procedure of readmission in the centers of foreigners’ keeping in Ukraine” which is realized with the assistance of Institute of Open Society.

Source: http://khpg.org/index.php?id=1305724220

The head of smuggling group was caught in Uzhgorod

17-05-2011

The officers of SSU in Transcarpathia in the frames of previous institution of criminal case on the signs of crime commitment foreseen by Part 2 Article 332 of Criminal Code of Ukraine found the accused person participating in organization of illegal transportation of five foreigners to Slovakia who for a long time was hiding from the Bodies of pretrial investigation.

In the beginning of April 2010 a resident of one of the border village in Transcarpathia proposed to a inhabitant of Uzhgorod to take part in illegal transportation of five illegal migrants (three citizens of Pakistan and two persons from Afghanistan) through the state border of Ukraine for the rewards of 300 UAH.

However, the person agreed to deliver illegal migrants was apprehended in a half way to a place of destination by servicemen of Chop Border Detachment. The organizer following his accomplice by another car succeeded to run. On May 4, 2011 the officers of SSU found the deliberate in one of entertaining centers of Uzhgorod (pub) and arrested him together with border guards.

Investigation goes on.

Source: http://ua-reporter.com/novosti/103681

Two pseudo tourists from Lebanon were detected in the airport “Boryspil”

13-05-2011

Two potential illegal migrants – citizens of Lebanon were refused in entering the territory of Ukraine. The foreigners flied to the airport “Boryspil” by a flight from Istanbul. Lebanon workers convinced of their aim of arrival to be tourist one and as they were in a hurry to Ukraine they had no time to be interest in the route. They could not even tell to border guards about the place of their residence and place of their stay. Thereto, 25-year-old travellers used the services of tourist company which assisted not for the first time in crossing the border to pseudo tourists. Detained foreigners will be sent back by a return flight to a country of departure.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=112012&cat_id=48886

Radio Liberty: Amnesty International notes worsening of human rights situation in Ukraine

13-05-2010

The observance of human rights has deteriorated significantly in Ukraine, according to a report released by international human rights watchdog Amnesty International on Friday, Radio Liberty has reported.

A monitoring conducted by the organization points to an increase in the number of allegations of torture and ill treatment in police custody, restrictions on the freedom of speech and assembly, as well as mass manifestations of xenophobia….

This year Chop border guards detained 100 illegal migrants

13-05-2011

In the year 2010 border guards of Chop Border Detachment detected 840 illegal migrants and during the five months of 2011 about 100 “seekers of better fate” found asylum in the temporary accommodation centers.

Besides the fight against illegal migrants, border guards have to detect and attracted to responsibility unlawful elements connected with transportation of illegal migrants through the state line in the limits of Ukrainian-Hungarian, Slovakian and Polish border. Just during this year Inquest Body of Chop Border Detachment instituted 5 criminal cases as to Article 332 of CCU as to 13 residents of Transcarpathia for organization and illegal transportation of persons through the state border of Ukraine to the countries of European Union.

Carrying out analysis as to counteraction to illegal migration and considering the improvement of weather conditions attention should be accented upon the possible increase of the flow of illegal migrants in the territory of Transcarpathian region. As a rule, potential migrants intend to settle in border regions and in future they are going to cross the state border illegally. In the frames of counteraction to illegal migration and criminal groupings on April 27, 2011 border guards of Chop BD in cooperation with bodies of MOI and SSU in Transcarpathian region as well as the workers of tax police, customs and line departments of AMOIU in the Lviv railway station carried out operative-preventive action “Prophylactics -2011” in the limits of controlled border districts of Transcarpathian region.

Thus, in the frames of this operation series of actions will be held such as check of abidance the requirements on rules of foreigners’ staying on the territory of Ukraine and abidance of the standards of migration legislation, joint raids will be done by district inspectors of border service departments and police, preventive work implementation with local population, strengthening of observation work in the check points and bus stations, introduction of movable details in the train coaches going to Transcarpathia.

The separate details together with representatives of SMVI will be also organized at the principal automobile ways in order to check the transport as to possible transportation of illegal migrants.

At the same time realization of operative-preventive actions “Prophylactics” have already given the positive results, for example: on May 11 border detail detected the car which was in the search on the territory of Ukraine driven by not an owner in the international check point of automobile communication “Uzhgorod” during the border control passing.

Source:http://zakarpattya.net.ua/ukr-news-82718-TSohorich-chopski-prykordonnyky-zatrymaly-100-nelehaliv

The resident of Lvov smuggled Afghanis through Transcarpathia to the countries of EU

12-05-2011

On May 10, 2011 the staff of SSU in Transcarpathian region unmasked and detained Lvov’s resident being one of the organizers of illegal transportation of citizens from Afghanistan through the state border of Ukraine.  As it was established, in the end of January this man smuggled 9 foreigners from Lvov by a regular bus to Transcarpathian region where he had accomplices for further transportation of illegal migrants abroad. Concerning the present citizen of Ukraine the investigators of Ukrainian Department of Security Service in Transcarpathian region instituted a criminal case on the signs of offence foreseen by Part 2 Article 332 (organization of illegal transportation of persons through the state border of Ukraine as to preliminary collusion by the group of persons) of Criminal Code of Ukraine. the malefactor is threatened with imprisonment for the period of 3-7 years. Pre-trial investigation is carried out concerning the case.

Source: http://ua-reporter.com/novosti/103516

Ukraine is at the head of Committee of Ministers of European Council

11-05-2011

On May 2011 in the frames of Istanbul 121st Ministry meeting of Committee of Ministers of European Council a ceremony on passing the chairmanship of Ukraine in the Committee of Ministers of European Council took place.

Minister of Foreigner Affairs Kostyantyn Hryschenko proceeded to implementation of obligations of active head of Committee of Ministers of European Council. Ukraine was handed the relay baton in Turkey until November 2011 when it place will be occupied by Great Britain. During the solemn ceremony in Istanbul, the head of Turkish Foreign Policy Department Ahmet Dawutogl passed over to K.Hryschenko the symbolic “key from Europe”.

During his chairmanship Ukraine will secure the succession in reaching the goals and priorities of Organization’s activities – democratic consolidation, ensuring with supremacy of right and protection of human rights.

Ukrainian chairmanship is planning to fulfill a series of practical steps in a direction towards realization of principal priorities of activities of European Council as well as direct its activity upon the strengthening of political role of European Council in the system of European institutions, ability of Organization to react effectively upon the calls of contemporaneity and realize its mission on saving and protection of all-European democratic values.

Ukrainian chairmanship in the Committee of Ministers of European Council lasting until November 20111 will become the first Ukrainian membership in Organization for almost sixteen –year history.

Source:http://dmsu.gov.ua/index.php?option=com_content&view=article&id=430%3Aukrajina-sogodni-ocholila-komitet-ministriv-radi-jevropi&catid=1%3Alatest-news&Itemid=1&lang=uk

Four Africans and three Moldavians were apprehended in Transcarpathia

11-05-2011

At night at 703rd km of the highway Kyiv-Chop nearby the village Latyrka, Volovets region the officers of Mukachevo Platoon detected four Africans 20 m before the roadway. Three of them were citizens of Côte d’Ivoire, and one more person was citizen of Republic of Guinea. In the course of the check, it was established that they did not have any documents identifying them neither they had documents permitting them to stay on the territory of Ukraine on legal basis. There were two minors (15-year-old boy and girl) among detainees.

One more group of illegal migrants was found in Perechyn district of Transcarpathian region. During the check of this area at 230th km of the highway Lviv-Sambor-Uzhgorod the policemen detected and apprehended two men of the age 26 and 23 years old and 25-year-old woman without documents identifying them. All detainees called themselves the citizens of Moldova.

Source: http://ua-reporter.com/novosti/103459

Border guards “dug out” from the sacks two illegal migrants from Moldova

10-05-2011

Border guards detained 16-year-old boy and 25-year-old woman from Moldova in Odessa region. Detainees intended to get to Ukraine hiding in the truck which was filled by sacks, packages and boxes. The vehicle was driven by 22-year-old citizens of Odessa. In the check point “Mayaky” Ukrainian man assured that he travelled to Odessa by a transit way alone. However, after a thorough investigation some passengers were found under the load. Moldavians told that they stopped the car nearby the border village Palanka and asked the driver to take them. At the present moment detainees are delivered to border subdivision. A question is solved on illegal transportation commenced against the driver as to criminal case in accordance with Part 1 Article 332 of Criminal Code of Ukraine.  For such a violation a responsibility is foreseen in the form of imprisonment from 3 to 5 years with confiscation of the vehicle or other means of crime perpetration.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=111747&cat_id=48886