Anatoliy Kovtun,
Counselor of Human Rights Representative
in Verkhovna Rada of Ukraine

Protection of Human Rights as a Condition of the
Development of Democratic Society

Dear participants of the Second International Antiterrorist Forum!

Human Rights Representative in Verkhovna Rada of Ukraine Nina Karpachova due to her participation in today’s parliamentary session couldn’t attend this Forum and she commissioned me to greet you and wish you success in your important mission of counteract terrorism and extremism in Ukraine.

I would like to pint out that the problem of observance of human rights is one of the main tasks in formation of systematic counteraction to terrorism, first of all by exploiting facilities of civil society.

Constitution of Ukraine was he first to define the system of rights and freedoms in all spheres of social life unlike other constitutions declaring a fragmented complex of rights and freedoms. Ukrainian constitution confirmed that all rights: public, political, economic, social and cultural are universal, interdependent and interconnected.

Besides material formalization of rights and freedoms in Article 55 of the Constitution of Ukraine there are certain foundations for reforming the existing and creating new mechanisms of constitutional system which includes judicial system of Ukraine as the core element of human rights protection, Human Rights Representative of Verkhovna Rada of Ukraine which is rather innovative within legal state system of human rights and human freedoms protection.

Today more than 100 states sharing democratic forms of government there are institutions of human rights protection carried through their representatives. They are exceptional achievements of humanity in the field of human rights protection. Ombudsman without substituting prosecution and courts brings to the attention of state authorities supremacy of law and respect to human rights, prevents power abuse, but by not duplicating but contributing to existing legal mechanisms.

Naturally, there where human rights are constantly violated, there is no systematic fight for human rights declared by constitution in such countries there is no democracy. In our conditions protection of rights of all citizens is indispensable for development of democratic society.

Particular status of the Ombudsman is defined by the fact that this structure doesn’t belong to any branch of state power and it is a suiqeneris organization meaning that it has a unique status. Execution of the duties in contemporary situation is complicated as it does not fit into the existing traditional system of state power. Thus it is imperative to look for optimal mechanisms of coordinated work with authorities along with preserving independent status.

The ombudsman works by his inherent methods and appeals in forms of recommendation in no way diminish possibilities to influence the process of restoration of human rights which can be possible only in condition of high level of legal culture of state officials.

Concentrating attention on restoration of violated rights of a certain individual and having the facts of mass and systematic violations of rights and freedoms of citizens the ombudsman makes recommendations about means of restoration of rights.

Besides functions of considering citizens’ appeals and applications about violation of their rights the Ombudsman monitors the observance of human rights and freedoms by state institutions, local authorities, unions, enterprises and officials who violated human and civil rights and freedoms by their actions (or their inactivity).

Results of the monitoring, complex assessment of observance of human rights are sent to Verkhovna Rada in forms of yearly reports of the Human Rights Representative.

Can we say that we have no problematic issues in the realm of human rights protection? Of course, no. Analysis of complaints and applications received by the Ombudsman vividly shows this. Let me give you only some figures. For the period from 1998 to 2005 (since introducing the position of an ombudsman) there have been registered more than 600 thousand applications and complaints about violation of their rights, written applications – 458500 people, Ukrainian citizens - 456900 people, foreigners – 1228 and stateless citizens – 189. 48 000 people were received personally including receptions in the regions – 12109, more than 97000 people used the “hot line” and services of a call center. There were more than 180000 applications of this type in 2004 and for the first quarter of 2005 the number of complaints reached the point of more than 84000.

It is to be noted that often members of parliament appeal to the Ombudsman seeking for protection. For the whole period there have been 1883 applications, 411 last year and 103 this year.

The majority of citizens appeal to the Ombudsman in case when their rights were violated by state institutions, prosecutors, courts and other authorities.

Some citizens deprived of protection acquire extremist beliefs they become capable of breaking the law.

We should be concerned about of leniency and negligence with which society treats extremists who are capable of committing terrorist acts killing hundreds of innocent people.

We (responsible organs fighting against terrorism) and general public should take measures to prevent terrorist acts and in case they happen – to minimize threats to innocent civilians.

I find it necessary to say that when a terrorists attacked Moscow’s Theater Center in Dubrovka (Moscow’s district) the Ombudsman N.I. Karpachova interrupted her business trip (she was in England), flew to Moscow to establish whether there were any Ukrainian citizens among hostages (29 Ukrainians suffered that terrorist act) to help them in all possible ways.

Assessing the events N.I. Karpachova pointed out that the consequences of Moscow’s tragedy had to become a lesson for politicians whose main responsibility is protection of fundamental human rights especially the right for life.

Well- coordinated actions of special forces and humanitarian services including rescuers and doctors are required during such tragedies. Cooperation of these structures could have helped to decrease the number of causalities.

Recent events in Uzbekistan showed that extremist actions of similar type with seizing weapons, releasing criminals from prisons can occur in any region. To detect such extremists and prevent their criminal actions not only special forces but also citizens and civil organizations should be ready to react.

Civil responsibility of journalists should be increased when they provide coverage for terrorist acts and counterterrorist operations. These issues were discussed during the Round Table “Mass media against terrorism” held on May, 25 last year.

For mass media terrorist acts make the headlines becoming top-news and increasing the demand for the work of journalists, but one should take into account that looking for sensational facts is not the most important mission, it is more important to secure the safety of hostages, investigate and prevent similar episodes in future (terrorist acts in Moscow in 1977 and Odessa in 2003).

Finally, let me wish to all participants of the Forum success in their work and good health.