The Minister of Justice has awarded violators of the Constitution

The Minister of Justice of Ukraine, Mykola Onishchuk, has awarded a Certificate of Merit from the Ministry to the heads of territorial departments of the State Department for the Execution of Sentences who have committed violations of the Constitution of Ukraine. The head of the human rights organisation “Donetsk Memorial,” Oleksandr Bukalov, congratulated the Minister on this original initiative in an open letter.

To the Minister of Justice of Ukraine
M.V. Onishchuk
OPEN CONGRATULATORY LETTER
TO THE MINISTER OF JUSTICE OF UKRAINE

Dear Mykola Vasylovych,
I am writing to you, dear Mykola Vasylovych, to sincerely congratulate you on the issuance of your order “On awarding employees of the State Department of Ukraine for the Execution of Sentences.”
I am well acquainted with the achievements and accomplishments of some of the awarded individuals and would like to share my vision of such a momentous event.
Awarded by you with the Certificate of Merit of the Ministry of Justice of Ukraine were:
Mr Lopatin, Head of the Department of the State Department of Ukraine for the Execution of Sentences in the Vinnytsia Region, Colonel of the Internal Service, and
Mr Tkach, Head of the Department of the State Department of Ukraine for the Execution of Sentences in the Vinnytsia Region, Colonel of the Internal Service,
both of whom were defendants in court regarding my lawsuits concerning their failure to provide information on the activities of the penal institutions in their regions. The awarded officials, through their actions, violated the Constitution of Ukraine, made false statements, and knowingly breached legal requirements. The unlawfulness of their actions has been proven by court judgments that have entered into force (see appendices).
Moreover, Mr Lopatin also distinguished himself by ignoring a court decision, failing to execute it until the Prosecutor’s Office began an investigation into the non-execution of the court order. Only such actions compelled him to comply with the court decision (the Prosecutor’s Office resolution is attached). It is telling that the court decision was executed on 21 January, and the Prosecutor’s Office resolution is dated 23 January. Clearly, they were waiting for Mr Lopatin to muster the strength to execute the decision.
It is worth noting that any convicted person in the Department’s institutions may receive disciplinary punishment for speaking tactlessly to a member of staff, for smoking in a non-designated area, or even for making their bed “not according to the pattern.” I understand that a head of a Departmental office is an entirely different matter. Mr Lopatin and Mr Tkach, for violating the Constitution, not only did not receive a reprimand — they were, by the order you signed, marked “for a significant personal contribution to the cause of strengthening the rule of law and order, and for exemplary performance of official duties.”
I congratulate you on this initiative, dear Mykola Vasylovych, as you have created a precedent where the Minister of Justice awards individuals who hold a rather dismissive attitude towards compliance with the law, specifically for “strengthening the rule of law.” We have long been lacking such “examples,” and this “significant contribution” will undoubtedly be assessed both by the personnel of the institutions subordinate to the mentioned officials, and especially by the citizens serving sentences in these institutions.
I am confident that your issuance of the order to award these officials can be classified as an innovation in social and educational work, as a Minister’s commendation of any manager has a significant educational influence on subordinates. And Mr Lopatin, in particular, is an expert and a unique example of a very specific kind of diligence, about which his subordinates are well aware.
Rewarding individuals who have a certain service record cannot help but affect the issue of human rights compliance. The very act of rewarding employees such as Lopatin and Tkach may tangibly influence the moral atmosphere within the community of prison staff, who, unlike the awarded Mr Lopatin, have for years carried the main burden of the daily service routine for a rather symbolic salary. And if some rank-and-file employees do occasionally violate the law, their violations do not yet, perhaps, warrant a commendation from the Minister of Justice. However, thousands of system employees now, thanks to your initiative, have a unique example of “exemplary performance of official duties.”
I am not even speaking about the vivid example of the triumph of justice that you have provided with your order to those thousands of prisoners whom, according to their duties, specialists like Mr Lopatin and Mr Tkach are supposed to “educate and rehabilitate.”
It is only important that, with such examples and models, while catching up with the penitentiary systems of civilised European countries, we do not suddenly get too far ahead and leave them far behind.
I must assure you, dear Mykola Vasylovych, that the fact that you have awarded the Certificate of Merit of the Ministry of Justice of Ukraine to these admirers of the law from the Department will not go unnoticed when nominating candidates for the “Burdock of the Year 2008” Anti-Award in the field of outstanding human rights violations. After all, you have shown such favour towards the submissions of the twice-laureate of this Anti-Award, Mr Koshchynets. Vasyl Vasylovych himself, by his submission, only confirmed that he received this Anti-Award deservedly — for what colourful subordinates he has presented for an award...
The next step should now be a promotion in rank for Mr Lopatin and Mr Tkach — they should already be given the rank of general.
Since such a momentous event as the awarding of a Certificate of Merit of the Ministry of Justice to individuals who have violated the law is socially significant, this letter will also be posted on the “Prison Portal” website at http://www.ukrprison.org.ua.
Once again, I congratulate you, Mykola Vasylovych, on your original initiative.
Wishing you success in your endeavours to confirm justice and standards of human rights compliance.
Appendices:
1. Copy of the RESOLUTION of the Budyonivskyi Court of 14.09.2007 regarding the lawsuit concerning the unlawful refusal to provide information by the Head of the Department of the State Department for the Execution of Sentences in the Chernihiv Region.
2. Copy of the RESOLUTION of the Budyonivskyi Court of 22.05.2007 regarding the lawsuit concerning the unlawful refusal to provide information by the Head of the Department of the State Department for the Execution of Sentences in the Vinnytsia Region.
3. Copy of the RESOLUTION of the Prosecutor’s Office of the Chernihiv Region of 23 January 2008 on the refusal to open a criminal case based on the fact of Mr Lopatin’s non-execution of a court decision.

Oleksandr Bukalov
Chairman of the Council of the human rights organisation “Donetsk Memorial”
Chairman of the Penitentiary Society of Ukraine
Member of the Public Council under the Ministry of Justice of Ukraine