31.01.2002 / On
January 16, 2002, the European Roma Rights Center (ERRC) sent a
letter to Chief Prosecutor of Ukraine Mr. Potebenyko Mykhajlo
Oleksijovich to express concern about the possible killing by
arson of members of a Romani family by a police officer in the
Poltava Province of Ukraine. Five members of the Fedorchenko
family died, and two others were seriously injured, as a result of
a fire in their home in October 2001. According to local press
reports, members of the fire department found evidence of arson at
the site of the fire, as well as indications that the main door of
the house had been blocked from the outside, apparently to prevent
persons inside the house from escaping. One victim of the fire has
reportedly alleged that a police officer had previously threatened
the family that he would "set them all on fire" because
they would not pay him a bribe. In its letter, the ERRC called
upon Chief Prosecutor Oleksijovich to ensure that a thorough and
impartial investigation is carried out into the fatal fire, and
that any and all persons guilty of crimes in connection with the
case be prosecuted to the fullest extent of the law. The ERRC
further urged that any and all harmed parties receive due just
remedy, including all relevant damages.
The
text of the ERRC letter follows:
Honourable
Chief Prosecutor Oleksijovich,
The European Roma Rights Center (ERRC), an international public
interest law organisation which monitors the human rights
situation of Roma and provides legal defence in cases of human
rights abuse, is concerned about the possible reported killing of
a Romani family by a police officer in the Poltava Province of
Ukraine.
The ERRC has received information that in the morning
hours on October 28, 2001, five members of a Romani family were
admitted to hospital from the Malaya Kokhnovka village of the
Kremenchug area, Poltava Province, central Ukraine, with extensive
burns and suffering from smoke inhalation. Zukhra Fedorchenko (21)
suffered burns to her respiratory tract as well as over 65 percent
of her body; her daughter, 6-year-old Snezhana Fedorchenko,
suffered 100 percent burns to her body; her 3-year-old son Misha
Fedorchenko suffered 80 percent burns; 15-year-old Takhar,
Zukhra’s brother, suffered 70 percent burns, and 50-year-old
Jurij Fedorchenko suffered 40 percent burns. Two members of the
Fedorchenko family were found dead in the burnt house Ms
Fedorchenko’s husband, 25-year-old Vladimir Fedorchenko, and
their 6-year old son Jura. Snezhana Fedorchenko died 40 minutes
following her arrival at the hospital, Misha Fedorchenko died on
the next day and Ms. Zukhra Fedorchenko died two days later. As of
January 14, 2002, Takhar was reportedly still being treated for
the serious bodily injuries he had sustained in the incident.
According to an article published on November 2,
2001, in the weekly newspaper Kremin’, the firemen who
extinguished the fire found evidence of arson a burnt piece of
a 5-liter polythene bottle with the smell of an inflammable
substance. Kremin’, referring to unspecified sources, alleged
that some police officers asked firemen to state that the fire had
been started because some straw had ignited, but that the firemen
had refused to strike the “deal”. The newspaper also alleges,
referring to witnesses’ testimonies, that the entrance door of
the house was intentionally barred from the outside with logs,
apparently to prevent people from escaping. Reportedly, there were
two explosions which followed one another, and witnesses who saw
the house after the explosion told local journalists that it
looked “like a building in Hiroshima in 1945”, with windows
and doors thrown out in the explosion, and everything burnt out
inside the house. Three men were reportedly seen by eyewitnesses
running from the vicinity of the fire immediately after the first
explosion. Another witness said that she saw Mr. Jurij Fedorchenko
thrown from the house together with the door in the second
explosion. Reportedly, Mr. Fedorchenko was on fire at the time.
Mr.
Jurij Fedorchenko reportedly told the police that the fire was
caused by arson, organised by Major Ivanov of the Kryukov area
police department as punishment because the Fedorchenko family
allegedly could not pay a monthly bribe of 200 hrivnya. According
to Mr. Fedorchenko, prior to the incident, Major Ivanov made a
verbal threat to the family saying “I will set all of you on
fire.”
According
to Kremin’, authorities investigating the case, in the first
days following the event, claimed that they know the names of the
perpetrators, and area prosecutor Mr. Aleksandr Jarmonik was
quoted by
the
newspaper as saying that the possibility of involvement of “drug
kings in police uniforms” was being considered as probable. The
County Prosecutor Mr. V. Tsvigun said in public that should in the
course of investigation
this supposition be found to be true, he would contact the General
Prosecutor of Ukraine and seek to involve high-ranking independent
law-enforcement officials in the investigation. Chief of
Department of the Ministry of Internal Affairs of the Poltava
County Police General A. Prisyazhnyuk stated at a press conference
on October 29, 2001, that one of the alleged arsonists was being
hidden by his parents;
this person had allegedly had stated the following: “I myself
set those Gypsies on fire.” This person, whom officer
Prisyazhnyuk did not identify, allegedly had set another two
houses on fire on the same morning with two accomplices. Officer
Prisyazhnyuk also confirmed the likelihood of involvement of a
police officer from the Department of the Fight Against the
Illegal Use of Drugs in the arson and denied any possibility of
covering up the truth. He was quoted in the Kremin' article as
having stated: “I have never illegally protected anyone and
never will.” In the weeks following the incident, both
prosecutorial officials and the media reportedly denied any police
involvement in the arson. In accordance with Mr. Prisyazhnyuk’s
order, Major Ivanov was reportedly temporarily suspended from his
duties. Mr. V. Shapoval, chief of Krjukov area police department,
denied any involvement of Major Ivanov in the arson, and explained
allegations made by Roma from Malaya Kokhnovka as revenge for
Major Ivanov’s enthusiasm in performing his work, particularly
in investigating alleged drug dealing by Roma in Malaya Kokhnovka.
As of January 11, 2002, according to an activist who because of
fear of retaliation requested that he not be quoted by name, no
charges against Major Ivanov or other persons had been brought in
connection with the fire. He also told the ERRC that Major Ivanov
regularly makes threats to Roma, many of whom have fled from the
town fearing further violence. The activist also told ERRC that
they believe that high-ranking officials at the county
prosecutor’s office and police have covered up police
involvement in the crime.
Honourable Chief Prosecutor Oleksijovich, the ERRC
calls upon your office to ensure that a thorough and impartial
investigation is carried out into the fire which caused the death
of five Romani persons and
serious
injuries to another two Romani persons, and that any and all
persons guilty of crimes in connection with the case are
prosecuted to the fullest extent of the law. Any and all harmed
parties should receive due just remedy, including all relevant
damages. We respectfully request to be informed of the results of
any actions taken by your office in connection to this case.
Sincerely,
Dimitrina Petrova
Executive Director
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