"Ukraina-Center" newspaper, Friday, November 3, 1995.
"Moratorium on death penalties in Ukraine is premature".
This was what the new Procurator-General declared at his press conference in Dnepropetrovsk. He noted, that in Ukraine, there is no base elaborated for such decision: there is no law or decree that could open way to the moratorium. Moreover, there is no such a need now. Indeed, of 30 types of crimes that could entail death penalty in Ukraine, today only one of them left -- an aggravated premeditated murder. All death sentences passed will be strictly executed, Prosecutor-General stressed.
Concerning those "pumped" cases, which the Office of Prosecutor-General dealt with, Grigory Vorsinov assures, that all of them will be carefully examined. Main criteria in work and in taking decisions, the Procurator-General stressed, should be strict and accurate observance of law by everybody, discipline, order and decency. Office of Procurator-General will not be a "firemen team" that will rescue local situations. Giving an initiative to district, regional and city departments, it is intended to raise their responsibility, the demand of the final result, and to attract trained, resolute and honest specialists to juridical bodies actively, Grigory Vorsinov said.
DECLARATION OF MINISTER OF JUSTICE
Declaration of Ukrainian Procurator-General concerning death penalty, expressed at his first press conference in Dnepropetrovsk on October 27 this year and published by mass media, shows, to say the least of it, his deficient professional knowledge of this question and a low level of political culture of Mr. Vorsinov.
FIRST, by his state post, a Procurator-General is not authorized to take a decision on using or not using death penalty. Consequently, by his declaration that death penalties will be executed in Ukraine, Mr. Vorsinov has gone beyond his power, that is, exceeded the power of Procurator-General.
SECOND, by his declarations, Procurator-General has "stabbed Ukraine at its back" exactly on the eve of November 9, when the Minister Committee of European Council should take the final decision on Ukraine possessing full membership in EC. This declaration of Mr. Vorsinov is nothing but incomprehension of the whole complex of obstacles that Ukraine has managed to overcome during its three-year way toward membership in EC, from submission of appeal for membership on 07/14/92 till decision of Parliament Assembly of EC to recommend Ukraine to join EC on 09/26/95.
THIRD, according to p. 11 of EC Document #190 (1995), decision of Parliament Assembly of EC to recommend Ukraine to join European Council was taken "in view of assurances made by the supreme power of Ukraine (the letter of Ukrainian President, the Chairman of Supreme Council of Ukraine, the Prime Minister of Ukraine)." Apparently, before Ukrainian Procurator-General expressed his declaration, he should have read attentively the letter of Ukrainian government of July 27, 1995.
FOURTH, the obligations of Ukraine "to sign during one year and to ratify during three years since the moment of joining the Protocol #6 of European Convention on human rights concerning death penalty during peacetime; and also to introduce immediately after joining the moratorium on execution of death penalties," provided by p. 12 of the Document #190 (1995) of Parliament Assembly of EC, are obligatory for Ukraine since obtaining full membership, as well as other 18 points of obligations, including reformation of Office of Procurator (being headed by Mr. Vorsinov) in accordance with EC standards. That is why the Procurator-General should be carefully informed about this document too.
FIFTH, the declaration of Mr. Vorsinov concerning so called "dictation of European Council" is incorrect and offensive both for European Council and for all its members, that is, all European countries, because Ukraine goes to European Council voluntary (by its own appeal) and voluntary it takes obligations to fulfil demands on behalf of democratization of Ukrainian state and community.
SIXTH, the personal position of Mr. Vorsinov does not reflect the official position of Ukrainian President, Ukrainian Supreme Council and Ukrainian government, that have provided Ukraine for joining European Council within the bounds of united state policy.
AND, FINALLY, SEVENTH: is not it terrible for us, citizens of Ukraine, to hear the assertion of Mr. Vorsinov at the end of XX century, that shooting is "more hygienic" than electric chair, gas and hanging? Were not "hygienic" motives put in grounds of a "high-minded" idea of "sterilization of the nation" at one time?
On the grounds of all stated before, the only conclusion is possible: the personal position of the Procurator-General concerning introduction of moratorium on death penalties and his expression of this point cause moral damage to Ukrainian government and undermine the international authority of Ukraine in the sphere of fulfillment of international law obligations and establishing European standards of human rights in Ukraine, the authority that has essentially grown during procedure of joining European Council.
Minister of justice S. Golovaty.
-- PRESS CENTER OF UKRAINIAN OFFICE OF PROCURATOR-GENERAL --
... A surprise and regret are evoked by the fact, that a frank expression of a personal opinion by the Procurator-General concerning this complicated and by no means not simple problem has entailed such an inadequate reaction of the head of Ministry of justice as a wide promulgation of an official declaration. Let alone his inadmissible tone, the declaration begins not with arguments that could deprive the Procurator-General of grounds to have his personal understanding concerning problematical character of immediate abolition of death penalty in Ukraine, but with estimation of his working and professional features and a level of his political culture ...