What is Ombudsman Denisova accused of and why does she call her dismissal illegal?
On May 31, the Rada dismissed Ombudsman Lyudmila Denisova. This followed an appeal from Ukrainian media representatives and journalists calling on her to improve her communications about sexual assault during the war.
NV explains what Denisova is accused of and why she herself calls her dismissal illegal.
Appeal from media professionals
The media representatives' appeal to Denisova was published, among others, by Detector Media on May 25. It was signed by 89 media representatives and journalists and 51 others, including human rights activists, lawyers, psychologists, teachers, and representatives of public organizations.
The authors of the petition expressed concern about the ombudsman's rhetoric in her social media posts about sexual crimes during the war. They emphasized that Russian war criminals must be punished, but that reports of such crimes should be published with caution, especially regarding children and minors.
"Sexual crimes during wartime are family tragedies, a difficult and traumatic topic, not a topic for publication in the spirit of 'scandalous chronicles.' We must remember the goal: to draw attention to the facts of crimes," the appeal emphasizes.
The appeal also states that the media respects official sources of information, which include Denisova herself as an official and the Ombudsman's Office.
"Therefore, any information disseminated on behalf of the Commissioner or her office, including on social media pages, is considered by journalists to be confirmed facts. Furthermore, information regarding the sexual abuse of hostage-takers is usually impossible to verify from other sources. It is crucial that it be confirmed," the statement reads.
It is noted that official public communication regarding children who were sexually abused by Russian military personnel and who died requires a forensic medical examination, and during such communication, "every word must be carefully chosen."
Furthermore, the appeal draws attention to the fact that when communicating sexual crimes, especially against children, one should consider the advisability of publishing details of these crimes that may be shocking.
"For example, 'a six-month-old girl was raped by Russians with a teaspoon,' 'two children were raped orally and anally,' and 'a nine-month-old daughter was raped with a candle,'" the authors of the petition write.
They note that sexual crimes during wartime are an instrument of genocide and the waging of war without rules, but they cannot serve as illustrative material for inciting the audience's emotions.
The authors of the appeal asked Denisova
- Publish only information for which there is sufficient evidence, and check the facts before publishing;
- Report what materials she has submitted to the justice system;
- Verify and carefully consider every word to avoid sensationalism in messages;
Avoid excessive detail of crimes; - Use correct terminology, such as "survivors" or "victims" instead of "victims";
- Ensure the privacy and safety of victims. Remember that victims may be identified if they live in small villages or towns;
- Remind about support networks for victims (lawyers, human rights defenders, professional psychological assistance).
Collection of signatures for the dismissal of Denisova and her statement on the illegality of her dismissal
On May 30, Denisova announced at a briefing that members of parliament were collecting signatures for her dismissal and, according to her, they planned to issue a vote of no confidence in her on May 31, "on orders from the Presidential Office."
The ombudsman said that information about the signature collection was confirmed by the head of the Verkhovna Rada, Ruslan Stefanchuk.
She claimed that the Presidential Office was not satisfied with her “active work in collecting information on human rights violations in the temporarily occupied territories.”
According to her, her likely dismissal would be illegal, since recent changes to the laws on the functioning of the civil service and local government during martial law do not comply with the special law on the human rights ombudsman.
Radio Liberty wrote that, according to its information, the deputies want to fire Denisova “for a number of reasons.”
"First of all, because of not always appropriate media activity," said his interlocutor in the Verkhovna Rada.
Another Radio Liberty source in the Rada cited another reason: “a systemic lack of coordination with the Presidential Office.”
It is also noted that Bankova denies pressuring the Verkhovna Rada regarding the dismissal of the Human Rights Commissioner, and calls Denisova's statement "an attempt to shift attention from the real achievements and problems" in the ombudsman's work "to some kind of conspiracy theories."
"The Presidential Office has not held any meetings on the activities of the Human Rights Commissioner and does not plan to do so, and the assessment of this official's activities is carried out exclusively by members of parliament," the deputy head of the Presidential Office told Radio Liberty. Andrey Smirnov.
Tatyana Pechonchyk, head of the board of the ZMINA Human Rights Center, also calls Denisova's possible dismissal illegal. On her Facebook page, she also quotes Volodymyr Yavorsky, chairman of the board of the Docudays UA International Documentary Film Festival on Human Rights, who calls the law under which Denisova could be fired "clearly unconstitutional."
On May 31, Servant of the People speaker Yulia Paliychuk announced that signatures for a no-confidence vote against Denisova had already been collected.
That same day, Pavel Frolov, a member of the mono-majority and a representative of the parliamentary committee on regulations, reported on his Telegram channel that Denisova's activities were discussed at a meeting of the Servant of the People faction chaired by David Arakhamia and attended by Verkhovna Rada Speaker Ruslan Stefanchuk and Deputy Prime Minister for Reintegration of the All-Russian People's Front Iryna Vereshchuk.
According to Frolov, at this meeting, a unanimous vote was made to initiate a motion of no confidence in Denisova and dismiss her from her position in accordance with Article 12 of the law on the legal regime of martial law. The deputy noted that a quarter of the members of parliament (at least 113) can initiate such a motion of no confidence, after which an immediate vote must be held at a plenary session of the Rada.
According to Frolov, the complaints about Denisova's work are as follows:
- failure to fulfill her powers to organize humanitarian corridors, protect and exchange prisoners, and oppose the deportation of adults and children from the occupied territories, which “Irina Vereshchuk was forced to do”;
- the ombudsman's incomprehensible focus in media coverage on numerous details of "sexual crimes committed in an unnatural manner" and "child rape" in the occupied territories, which she could not support with evidence
According to Frolov, Denisova spent a long time after February 24 abroad “in Davos, Vienna, Warsaw and other warm, calm Western European cities.”
The Rada appointed Denisova as ombudsman on March 15, 2018, for a term of five years.
During a press conference on May 30, Denisova also stated that she was being pressured through her daughter.
"This political attack is even pressuring me through my daughter... She's been summoned for questioning three times already, and the last time she was simply unwell. So, they're even targeting my family," she said.
Hromadske reports that Denisova's daughter is psychologist Oleksandra Kvitko, who works for the psychological assistance hotline of the Verkhovna Rada of Ukraine's Commissioner for Human Rights and counsels, among other things, victims of rape committed by the occupiers.
Kvitko was accused of posting stories about her work with rape survivors, including their drawings, on social media, thereby violating professional ethics. Following this, the National Psychological Association's Ethics Committee announced it was reviewing the first complaint regarding a possible ethical violation involving a counseling psychologist.
Who could become the next ombudsman?
Radio Liberty, citing Nelli Yakovleva, deputy head of the parliamentary committee from Servant of the People, reports that as of May 30, no potential candidates for the position of Verkhovna Rada Commissioner for Human Rights had been officially proposed to the Verkhovna Rada.
According to a Radio Liberty source familiar with the situation, the majority would unofficially like to see 31-year-old Oleksandr Kachura, a deputy from the Servant of the People faction, or 41-year-old Alena Verbitskaya, the current Presidential Commissioner for the Rights of Ukrainian Defenders, replace Lyudmila Denisova as ombudsman.
Zelenskyy has created an advisory council for Ukraine's defenders. What will it do?
"But there are problems with the age limit," a Radio Liberty source clarified, referring to Kachura.
Kachura himself, in a comment to Radio Liberty, said that “while the ombudsman appointed by the Verkhovna Rada is working, it is inappropriate to talk about any personnel appointments.”
Verbitskaya told Radio Liberty that although she has been "defending people's rights for many years," as of May 30, she had not received an offer to nominate her for the post of Verkhovna Rada Commissioner for Human Rights.
The Rada told Radio Liberty that the appointment of a new ombudsman to replace Denisova is a “long and complicated procedure.”
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