ERRC Legal Action in Ukraine Arson Killing
05 July 2003
On June 30, 2003, the European Roma Rights Center filed an application with the European Court of Human Rights in Strasbourg against the Republic of Ukraine relating to an arson attack which resulted in the horrendous death of an entire Romani family and the destruction of their home in the village of Malaya Kahnivka, Kremenchuk area, Central Ukraine. The application asserts violations of Article 2 (right to life), Article 3 (freedom from torture and inhuman and degrading treatment), Article 8 (right to family life), Article 1 of Protocol 1 (peaceful enjoyment of possessions), Article 13 (lack of an effective domestic remedy) and Article 14 (discrimination) of the European Convention on Human Rights.
According to Mr. Jurij Fedorchenko's testimony, at approximately 7:30 AM on October 28, 2002, he was leaving his house while the rest of the family was sleeping. When he opened the door, three men were standing there, including Police Major Ivanov of the Kryukov area Police Department and two others he did not know. The three men shoved Federchenko inside, sprinkled a flammable liquid throughout the house, and set it on fire. They then fled, barring the door from the outside. Shortly afterwards, there was a large explosion, blowing both the door and Fedorchenko outside. The attack was in alleged retaliation for failing to pay a bribe to the police.
Five members of the Fedorchenko family were admitted to hospital in Malaya Kahnivka, suffering from extensive burns and smoke inhalation. Zukhra Fedorchenko (21), mother of 3 children, suffered burns to her respiratory tract as well as to 65 percent of her body. She died two days later. Her two children, 6-year-old Snezhana Fedorchenko and 3-year-old Misha Fedorchenko, suffered burns to 100 percent and 80 percent of their bodies, respectively. Snezhana died 40 minutes after arrival; Misha died the next day. Two other family members - 25-year-old Vladimir Fedorchenko, Zukhra's husband, and their 6-year-old son Jura - were found dead in the house. Zukhra's brother, 15-year-old Takhar, suffered burns to 70% of his body, and 50-year-old Jurij Fedorchenko suffered burns to 18% of his body, but both survived.
In the weeks following the incident, both prosecutorial officials and the media reportedly denied any police involvement in the arson, despite the fact that Jurij Fedorchenko himself witnessed the attack on his home and identified Major Ivanov as one of the perpetrators. Prosecutors claimed the allegation did not warrant further investigation because Ivanov had provided an alibi - he claimed to have been shopping with his wife. Local counsel filed several complaints with the prosecution authorities asking them to investigate Ivanov's involvement in the arson attack. Despite frequent appeals from the lawyer and Fedorchenko's identification of Ivanov in a line-up, the Ukrainian prosecuting authorities have failed to take any concrete steps to further investigate or charge Ivanov. In view of this ongoing refusal to prosecute, the Fedorchenko family has turned to Strasbourg for relief.
"Unless investigators and prosecutors in Ukraine start to treat these incidents as the serious human rights violations that they are, we will have no option but to seek justice before international tribunals," said ERRC Legal Director Jean Garland.
For further details on ERRC action in the case, please contact Mr Andi Dobrushi, staff attorney at the European Roma Rights Center, at: andi@errc.org. Further information on the human rights situation of Roma in Ukraine is available on the ERRC internet website at: www.errc.org.
