Ms. Valeriya Lutkovska: "The crimes committed because of intolerance demand immediate reaction and effective investigation"

01/07/2015 15:00

Thanks to intervention of the Ukrainian Parliament Commissioner for Human Rights the criminal proceedings upon commission of an act of vandalism concerning a memorial to the victims of the Holocaust in Mykolayiv which happened in the night of March 22, 2015 are initiated.

It should be noted that in the first apply of the Commissioner for Human Rights it was told about this incident, but law enforcement bodies of Mykolayiv refused putting of data concerning committed criminal offense on the Unified register of pre-judicial investigations and initiated pre-judicial investigation according to requirements of the current legislation. As justification of such position the fact was used that any application of fact of writing of neo-Nazi symbols on a memorial to the victims of the Holocaust was not handed in to militia.

In this regard the Commissioner applied to the Ministry of Internal Affairs of Ukraine, having noted inadequate reaction of law enforcement bodies of Mykolayiv and having focused attention that according to requirements of Art. 214 of the Criminal Procedure Code of Ukraine the bases for pre-judicial investigation can be not only applications of victims, but also independent identification by the investigator, prosecutor from any source of circumstances which can testify to commission of a criminal offense.

According to information provided by the Ministry of Internal Affairs, data on commission of an act of vandalism concerning a memorial to the victims of the Holocaust in Mykolayiv are put on the Unified register of pre-judicial investigations. The state of pre-judicial investigation in criminal proceedings is taken under control by the leadership of investigative department of Regional Department of the Ministry of Internal Affairs of Ukraine in the Mykolayiv Region.

According to the Commissioner for Human Rights, the crimes committed because of intolerance as an extreme form of discrimination, demand immediate reaction and effective investigation by law enforcement bodies not only in a case when the victim is the particular person, and also in a case when such actions are directed on incitement of hostility and hatred concerning separate community of minorities, consist in defilement of monuments and religious constructions, destruction of the property belonging to a community etc.

Moreover, the direct obligation of law enforcement bodies to undertake all appropriate measures for careful investigation of crimes because of intolerance is recognized by UN Committee on elimination of racial discrimination and the European Court of Human Rights. After all mentioned category of crimes has more destructive effect for public consent, than other "household" crimes, in particular therefore it easily leads to increase of level of social tension and escalation of the interethnic conflicts. Moreover, as numerous researches testify – inaction of law enforcement bodies in issues of investigation of crimes because of intolerance always leads to the sharp growth of quantity of such crimes, deterioration of a criminogenic situation etc.