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Ukraine: Further information on death penalty / legal concern: Sergey Vysochansky

, Index number: EUR 50/001/1997

Amnesty International has received further information from Sergey Vysochanksy's lawyer, indicating that there are grounds to believe that Sergey Vysochansky is innocent, and that he was forced to sign a confession of guilt under physical and psychological duress. His death sentence has been upheld by the Supreme Court.

EXTERNAL AI Index: EUR 50/01/97
9 January 1997
Further information on UA 280/96 (EUR 50/15/96, 2 December 1996) - Death Penalty
/ Legal Concern
UKRAINESergey Vysochansky, aged 23
Amnesty International has received further information from Sergey
Vysochanksy’s lawyer, indicating that there are grounds to believe that Sergey
Vysochansky is innocent, and that he was forced to sign a confession of guilt
under physical and psychological duress.
According to his lawyer, the crime for which Sergey Vysochansky was sentenced
to death was committed on 7 July 1995. Sergey Vysochanksy was reportedly arrested
and interviewed as a suspect on this day, but was released on 8 July. From
7 July to 5 September Sergey Vysochanksy was interviewed several times, but
on no occasion did he admit his guilt. On 5 September Sergey Vysochanksy was
arrested and held in detention for 20 days, during which time he was held in
a cell with a prison informer who allegedly subjected him to psychological
pressure and intimidation. On 6, 15 and 19 September, Sergey Vysochansky
admitted his guilt in interviews with the investigators, and signed confessions
which were reportedly dictated to him by an officer of the Department of Internal
Affairs of Khmelnitsky Region responsible for investigating the crime. His
lawyer claims, however, that the version of the crime which Sergey Vysochansky
related does not correspond to evidence found at the scene of the crime. He
withdrew his confession of guilt in an interview of 21 November 1995, saying
that he had been forced to confess under duress.
On 17 January 1996 Khmelnitsky regional court returned the case against Sergey
Vysochansky for further investigation. Sergey Vysochanksy was sentenced to
death for premeditated aggravated murder by Khmelnitsky regional court on 14
July 1996. This sentence was upheld by the Supreme Court of Ukraine on 6 August
1996.
FURTHER RECOMMENDED ACTION: Please send telegrams/faxes/express/ airmail
letters in Ukrainian, Russian, English or in your own language:
To the President:
- urging him to grant clemency to Sergey Vysochansky;
- expressing concern at allegations that the prisoner's confession was extracted
under duress;
- urging him not to sign any more execution orders as to do so places Ukraine
in violation of its commitment to the Council of Europe;
- urging him to take the necessary steps for Ukraine to honours its commitment
to the Council of Europe and to sign Protocol 6 of the Convention for the
Protection of Human Rights and Fundamental Freedoms.
To the Head of the Clemency Commission, Peotr Andreychenko:
- urge him to recommend to the President to intervene to prevent Sergey
Vysochansky’s execution and to grant him clemency;
- urge him to call for a review of the case following allegations that the
confession was extracted under duress;
To the Procurator General of Ukraine, Gregory VORSINOV:
- urge him to call for an urgent review of the case following allegations that
the confession was extracted under duress.
2
APPEALS TO:
President of Ukraine, Leonid KUCHMA
Ukraina
252601 Kiev
ul. Bankovaya, 7
Prezidentu Ukrainy Kuchma L.
Faxes: (380 44) 291 61 61
Telegrams: Ukraina, Kiev, Prezidentu Kuchma
Salutation: Dear President
Chairman of the Presidential Clemency Commission, Pyotr ANDREYCHENKO
Ukraina
252220 g. Kiev
ul. Bankovaya, 7
Kommissiya po voprosam pomilovaniya pri Prezidenta
Predsedatelyu Andreychenko P.
Telegrams: Ukraina, Kiev, Kommissiya po voprosam pomilovaniya, Predsedatelyu
Fax: (380 44) 291 61 61
Salutation: Dear Chairman
Procurator General of Ukraine, Grigory VORSINOV
Ukraina
252601 g. Kiev II
ul. Reznitskaya, 13/15
Prokuratura Ukrainy
Generalnomu prokuroru VORSINOVU G.
Telegrams: Ukraina, Kiev, Prokuratura
Fax: (380 44) 290 26 03
Salutation: Dear Procurator
COPIES TO:
Minister of Justice, Serhiy Holovatiy
Ukraina
252030 g. Kiev
ul. Kotsyubinskogo, d. 12
Ministerstvo yustitsii Ukrainy
Ministry HOLOVATOMU S.
Telegrams: Ukraina, Kiev, Ministry yustitsii
Salutation: Dear Minister
Foriegn Minister of Ukraine, Hennady UDOVENKO
Ukraina
252501 g. Kiev 24
ul. Karla Liebknecht 15/1
Ministerstvo inostrannykh del
Ukrainy
Minsitru UDOVENKO H.Y
The Procurator of Khelmenitsky region, name not known
UKRAINE
Khmelnitsky oblast
Khmelnitsk
Oblastnaya prokuratora
3
Prokuroru
and to diplomatic representatives of Ukraine accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 27 February 1997.

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