Amnesty International, Amnesty International Report 1996 - Ukraine, 1 January 1996, available at: https://www.refworld.org/docid/3ae6aa058.html [accessed 17 September 2023]
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Ukraine officially committed itself to abolishing the death penalty and to introducing a moratorium on executions, although there were reports that death sentences and executions continued to be imposed. At least 74 death sentences were passed in the first six months of the year, and at least two executions were carried out. The true number of death sentences and executions was believed to be much higher. There were reports of ill-treatment in detention, in one case resulting in death. Allegations of cruel, inhuman and degrading treatment of HIV-positive prisoners were reported. In June the parliament ended the political crisis between the legislature and the executive branch by ratifying the "law on power" proposed by President Leonid Kuchma. The political situation in Crimea remained tense throughout the year and there were outbursts of violence between Crimean Tatars and the local authorities in June. On 1 November the Supreme Soviet of Crimea adopted a new Constitution of Crimea, giving it the status of an autonomous republic. Leaders of the Crimean Tatars went on hunger-strike to protest against the exclusion from the Constitution of provisions granting equal political representation for different ethnic minorities. In July the UN Human Rights Committee examined the fourth periodic report of Ukraine concerning the country's compliance with the International Covenant on Civil and Political Rights. The Committee made strong recommendations in several areas, including the use of the death penalty, discrimination against women, torture and ill-treatment in police custody, inhumane prison conditions, legal reform and independence of the judiciary. In November Ukraine officially joined the Council of Europe and committed itself to an immediate moratorium on all executions and to total abolition of the death penalty. Official statistics for 1994 issued by the Ministry of Justice in May showed that 143 people had been sentenced to death and 60 people were executed, while only two people had their death sentences commuted. Tensions between the Minister of Justice and the Procurator General over the issue of the death penalty continued even after Ukraine's accession to the Council of Europe and the public commitment of Ukraine to abolition and a moratorium on executions. There were reports that executions were continuing and that death sentences were still being imposed at the end of the year. Vitaly Gumenyuk was sentenced to death by the regional court of Zhitomir on 25 October, shortly before Ukraine joined the Council of Europe. Among those known to have been executed in 1995 was Vasily Krivonos, who had been sentenced to death for murder in November 1993. At the time of the crime for which he was convicted he had just turned 18. He was said to have had learning difficulties and psychiatric problems, and had claimed that his confession was obtained under duress (see Amnesty International Report 1995). Vasily Krivonos was executed in January, but his mother was only informed of his death at the end of March. Allegations of ill-treatment in detention were reported. Mikolaj Szpakowicz, a Polish citizen, died in September 1994 of a ruptured bladder after allegedly being beaten by Ukrainian police. He was reportedly detained by three policemen after leaving a bar in the town of Pochayev, Ternopil Region. They drove him to a nearby forest and demanded money, then kicked him when they found he had no hard currency. He was taken to hospital but died 10 days later. There were reports of cruel, inhuman and degrading treatment of HIV-positive prisoners. According to these reports, HIV-positive prisoners in the Donetsk prison were not allowed to use the bath house facilities, and were denied adequate medical and dental care. Amnesty International urged the President to commute all death sentences. The organization welcomed Ukraine's commitment to abolish the death penalty and introduce a moratorium on all executions. It called on the government to investigate reports of continuing executions despite the country's public commitments to the Council of Europe. Amnesty International urged the authorities to investigate the death of Mikolaj Szpakowicz. In April the Ternopil Regional Prosecutor's Office informed Amnesty International that a criminal investigation into the death had found that Mikolaj Szpakowicz had been detained by police for public drunkenness, but refused to get into the police vehicle, whereupon one officer struck him in the abdomen with his knee. The police officer was sentenced to eight years' imprisonment in March 1995 in Ternopil for exceeding his authority and intentionally inflicting serious bodily injury. Amnesty International called for an improvement in the treatment of HIV-positive prisoners. Replying in May, the Interior Minister regretted that their conditions were in many respects dictated by the country's current economic situation and reported that specialized medical and dental care had been introduced for HIV-positive prisoners at Donetsk prison.
