Latest / Shades of Murder / 52: Girl on Fire - Justice for Oksana Makar, Ukraine
Transcript
- 0:02On the morning of March 10th, 2012, in Mekhalai, Ukraine, a
- 0:07martyrs heard a soft moaning sound coming from an abandoned
- 0:11building under a charge sheet. He saw something slowly moving.
- 0:17When he lifted the sheet, the man discovered the naked and
- 0:21severely burned woman lying inside the basement of an old
- 0:27hospital. Her shocking, brutal story that
- 0:32would be revealed led to revolts against the corrupt institutions
- 0:37that helped perpetuate and ignore gender based violence.
- 0:42Who was this poor victim and what kind of monster left her to
- 0:48die burning alive? Hello and welcome to Shades of
- 1:17Murder. In this podcast, I discuss cases
- 1:22of murder from around the world and throughout history,
- 1:26attempting to unravel the layers of darkness that help make
- 1:31humans and monsters. Please be forewarned that each
- 1:37episode contains specific and at times very graphic and
- 1:42disturbing details of the case. This show is not intended for
- 1:46all audiences and listener discretion is strongly advised.
- 1:53Ukraine is not immune to bizarre, horrific cases of
- 1:58murder. But in 2012 the country was
- 2:03appalled by several brutal crimes.
- 2:07A judge, his wife, their son and daughter-in-law were discovered
- 2:11all dead inside an apartment. Their heads were all missing.
- 2:18Their vicious assailants were never found.
- 2:22A four year old child was found dead in Sevastopol.
- 2:27The little girl had suffered a massive blow to her head.
- 2:32It would later be learned that she was beaten to death by five
- 2:36children aged 7 to 11. They killed her out of jealousy
- 2:41because their mother was taking care of her.
- 2:43A 25 year old woman was found in Kamyanka with several cuts on
- 2:48her head and legs. She had been beaten and was
- 2:51sexually assaulted and dogs had been set on her to attack.
- 2:56This woman lay in the street dying, begging for people to
- 3:00help her all night, but the residents were too scared to
- 3:05call the police. Yet these senseless,
- 3:07horrifyingly violent and notably bizarre crimes paled in
- 3:11comparison to the events that unfolded in March of that same
- 3:16year. This is the story of Aksana
- 3:21Makar. When this young woman was found
- 3:26abandoned at the old hospital, smouldering in flames, the
- 3:30stranger who found her contacted emergency services and she was
- 3:34immediately transported to the nearest hospital. 55% of her
- 3:39body had been burned. Barely alive, the young woman
- 3:43would face unimaginable pain and suffering from what she had
- 3:48endured the night before. The girl's kidneys had been
- 3:51burned. Multiple surgeries later, the
- 3:54girl had lost both of her legs and her right arm, but
- 3:59amazingly, she would live long enough to tell her story.
- 4:03She regained consciousness bravely after surgery, but then
- 4:06doctors placed her into an induced coma.
- 4:09The severity of her burns and the damage done to her lungs
- 4:12required that she be transferred to a specialist unit and done
- 4:15that sick for treatment. Initially doctors bleached her
- 4:19condition was improving and her prognosis was helpful.
- 4:22The victim was later identified as 18 year old Aksana Makar.
- 4:26She told the police about what had been done to her.
- 4:29The night before she had met two men at a bar in town called the
- 4:33Little Fish. They had all been partying
- 4:35heavily, drinking and toward the end of the night they convinced
- 4:38her to leave and go with them to one of their friends houses
- 4:41nearby. At some point, one of them made
- 4:44a sexual gesture to her, and when she showed a lack of these,
- 4:48three fun, outgoing young men turned into monsters.
- 4:52They held Oksana down and raped her, taking turns with this
- 4:56helpless, intoxicated woman. After they were done with her,
- 4:59she threatened to go to the police.
- 5:01One of the men grabbed a cord and began to strangle her.
- 5:04Oksana did everything she could, struggling to fight them off,
- 5:08but the man easily overpowered the young petite woman,
- 5:12believing she was already dead or close to it.
- 5:15They wrapped up her body and carried it to an abandoned
- 5:18building, lighting her a flame. She was burning alive.
- 5:22They had ignited her body into flames while she was still
- 5:26breathing. At some point, she regained
- 5:28consciousness. Oksana Makar, during her
- 5:30incomprehensible suffering, had identified her three rapists and
- 5:35her attempted murderers, leading to their prompt arrest.
- 5:38However, only one remained in custody.
- 5:41The prosecutor's office claimed that they did not have enough
- 5:44evidence to keep the other two men in jail.
- 5:47At this point, they were considered witnesses to the
- 5:50crime. Ukraine's Chief Police officer
- 5:53Vitali Zechenka quickly confirmed they were in fact the
- 5:58sons of former government officials.
- 6:01The suspect the police held finally broke his silence and
- 6:04confessed to what had happened that night.
- 6:06During his interrogation, the man told the police in gruesome
- 6:10detail. Oxana Makar was assaulted in a
- 6:12flat in the city. The men had then wrapped her in
- 6:15a blanket and abandoned her inside a pit within the
- 6:18abandoned hospital. He claimed that he only started
- 6:21the fire in an attempt to get rid of a pillow case that had
- 6:24been accidentally wrapped up inside the blanket with her.
- 6:27The three men then went to the supermarket to purchase more
- 6:31vodka and stopped for a tea at a kiosk.
- 6:34The interrogation video of suspect Yevgeni Karshak was
- 6:39published online by the Kiev Post on YouTube.
- 6:43It was viewed 100,000 times. On the first day, everyone could
- 6:48witness the young man speaking in graphic detail about how he
- 6:53raped and strangled this vulnerable young woman he had
- 6:56just met that night by chance. He said that he choked her first
- 7:00with his hands and then tightly wrapped a cord around her neck.
- 7:04The man was void of any emotion. He expressed no remorse, no
- 7:10regret or concern over the heinous crime he had committed.
- 7:14When the video of her news of the two men's released and
- 7:17complete lack of criminal charges hit the media, the
- 7:20community was outraged and they took to the streets.
- 7:24Protests erupted and Mikkelife and other regions of Ukraine,
- 7:28including Levyouf, Odessa and Harkiv, calling for the
- 7:33investigators to all be replaced.
- 7:36It refueled the public debate on the pervasive political
- 7:39corruption that existed in Ukraine and the lack of justice
- 7:43it had for its residents. Hundreds of people marched in
- 7:46the streets and in front of the judicial building to demand
- 7:50justice for Oksana Makar. The residents of Ukraine were
- 7:55tired of their voices being silenced.
- 7:57They would refuse to remain quiet over this brutal, sexual,
- 8:02violent act and horrendous death this young woman experienced.
- 8:06Especially in light of how many of them have been victims of
- 8:09abuse and violence, especially at the hands of the elite, what
- 8:13are referred to as mezzohors in Ukraine, the wealthiest, most
- 8:18powerful and influential businessmen and government
- 8:21officials and their sons have long been the subject of endless
- 8:25anger, criticism and controversy by politicians, civil activists
- 8:29and journalists. These men are known for using
- 8:32their status to do whatever they please because they know they
- 8:35will get away with it. A genetic businessman, Vladimir
- 8:39Calivico, during a drunk conversation with law
- 8:43enforcement officers, told them. And I quote when I want to, I
- 8:47snort cocaine when I want to, I shoot up when I want to, I drink
- 8:51when I want to, I drive when I want to, I have sex when I want
- 8:54to, I use my gun. One municipal council officer
- 8:59and Usgro even began a shootout in a crowded cafe, shouting to
- 9:04everyone that the cops couldn't do anything to him because he
- 9:07has good friends with the Uzgrod's police chief's son.
- 9:10Countless crimes and violent behavior have been covered up
- 9:14because at the time of these events, there was no
- 9:17accountability for those in power.
- 9:19When Iksana Makara was raped and murdered, the people would no
- 9:22longer accept inaction and injustice.
- 9:25Shouts amongst the angry residents shattered long
- 9:29existing silence. Your daughter could be next.
- 9:32They kill us on the roads and now they set us on fire.
- 9:35These three beasts don't have the right to walk.
- 9:38The earth that burned effigy was filmed in front of the district
- 9:42prosecutors office. The moment was plastered across
- 9:45every television station and newspaper.
- 9:48The murder and burning of Oksana Makar has set off a media circus
- 9:53unlike anything Ukraine had ever experienced.
- 9:56The leader of the country at this time, President Viktor
- 10:00Yanukovych, was shaken and upset by the people's outrage.
- 10:04He did his best to calm their anger by reassuring them that
- 10:08these rapists and maniacs who committed this crime would face
- 10:11justice. He immediately ordered a new
- 10:13investigation team to head to make a life.
- 10:15This led to the two previously released sons of former
- 10:18government officials to be rearrested on March 13th.
- 10:22All three suspects were charged with attempted murder and rape.
- 10:25These charges would later be changed though to Yevgeny
- 10:29Karzenachek being the only offender charged with murder.
- 10:33Both President and Viktor Yanukovych and Prime Minister
- 10:37Nikolai Azarov called for just punishment of the accused.
- 10:42They told the people no compromises, only with the
- 10:45knowledge that punishment is inevitable.
- 10:47With these monsters, fear to encroach on people's lives and
- 10:51rights. Aksana Makar struggled to
- 10:53breathe. Every moment of her existence
- 10:56had become complete agony. Upon the insistence of her
- 11:00mother, Tatiana Subravyatskia, she filmed from her hospital bed
- 11:05on YouTube her last moments. In this distressing video, she
- 11:10expresses her rage toward her assailants, telling the camera
- 11:14exactly how they deserve the harshest of punishments.
- 11:19The young woman is visibly uncomfortable and upset and
- 11:23tries to keep herself and her wounds covered, but her mother
- 11:27tells her not to. When Oksana starts to discuss
- 11:29what had happened to her, she suddenly stops breaking off and
- 11:33saying that she just can't do it.
- 11:35But her mother insists to say a couple of words to Ukraine.
- 11:39Oksana Makar calls for her rapist to be shot, castrated,
- 11:44they're balls fed to dogs. Or just send them to prison for
- 11:47life and see what happens to them there.
- 11:49When asked how she goes on, the young woman stared at the camera
- 11:54and simply said how I will live. I will live, that's all.
- 11:59This video received outrage for many viewers, seen as a second
- 12:04violation of Iksana Magar, this time by her mother.
- 12:09They didn't understand how or why the mother could force her
- 12:13daughter to put herself on video in the most severe, physical and
- 12:18traumatic state. Most viewers felt nothing but
- 12:22sympathy and compassion for young Oksana Makar, and hundreds
- 12:27donated money to help her mother with her medical care.
- 12:30Her mother was later accused of spending these funds on herself
- 12:34instead, and that she had reportedly been receiving money
- 12:39for interviews. In response, all her mother had
- 12:42to say was the press. Look at me, do I look like a
- 12:45rich woman? Tragically, the young woman's
- 12:48injuries were far too severe, and even though the doctors did
- 12:51everything imaginable to keep her alive, her body could not
- 12:56endure the damage. At only 18 years old, Oksana
- 13:00Makar's heart stopped beating due to the bleeding in her
- 13:04lungs. Doctors attempted to resuscitate
- 13:07her three times without success. On March 29th, almost 20 days
- 13:13after she was viciously assaulted and left to die in a
- 13:16fire, Oksana Makar drew her last breath.
- 13:23Her mother morbidly selected a wedding gown to bury her
- 13:27daughter in. The reason she gave for this was
- 13:30that thanks to the men who had killed her daughter Oksana, she
- 13:34would never be able to become a bride.
- 13:36In October 2012, the fate of all three of Oxana Makar's offenders
- 13:42would unfold. According to the prosecution,
- 13:44the three perpetrators had thrown a lit pillowcase on top
- 13:47of Oxana Makar's nude Unkar's body, and yet a piece of cloth
- 13:54was not capable of remaining on fire, much less in freezing
- 13:58temperatures for several hours. Yet, for some unknown reason, an
- 14:03expert was never commissioned to testify as to how the victim had
- 14:06received such horrendous burns. There was much speculation, but
- 14:13no evidence as to how Oksana Makar was lying in a fire when
- 14:18she was found. Although he initially confessed
- 14:22to strangling Oksana Makar during his interrogation video,
- 14:26Yevjini Krasnosek now claimed that he was not the one to choke
- 14:30her, or at least not in the way everyone thought.
- 14:36But according to Oksana's mother's lawyer, Yevgeny swore
- 14:41that he strangled her to save her life.
- 14:45To ensure that the other two men didn't actually kill her,
- 14:48Yevgeny Korasnochek stated that he purposely did not use harsh
- 14:53force on Oksana's neck while choking her so that she would
- 14:57just pass out, but that the other two guys would think she
- 15:02was already dead once she passed out, he said he told them that
- 15:05he had killed her, but then once again he changed his story and
- 15:08on the stand testified that it was another one of the offenders
- 15:12that strangled Aksana. Karaznochik claimed that he took
- 15:16the blame out of fear for himself and his family.
- 15:19When the judge inquired as to why he would now change his
- 15:23testimony, Karaznochik claimed that a man came to his cell in
- 15:27jail and offered him money in exchange if you would take full
- 15:31responsibility for the murder and not the others.
- 15:35He said it was then that he knew something was not right and that
- 15:40he must tell the truth. The other two suspects both
- 15:46denied their involvement in Iksana Makar's rape or murder.
- 15:50They strongly stood by their testimony that they were too
- 15:52frightened of Yevgeny Krasnochek to intervene.
- 15:56Yevgeny Krasnochek, 23, who was the only one of the three
- 16:00defendants to admit his participation in the rape, his
- 16:03confession to her murder and involvement in setting her on
- 16:06fire, faced the harshest punishment.
- 16:10He was given life imprisonment for his role in the crimes.
- 16:13The other two men, Maxim Pereznik, 24, Arnatom Pogracian,
- 16:2022, the sons of the former government officials, would
- 16:24receive 15 years and 14 years respectively.
- 16:27Although there was some semblance of justice, Michael
- 16:31Krtnich, A politician and leader of the European Party of
- 16:34Ukraine, was not satisfied. He declared to the press on
- 16:37behalf of Oxana Makar's mother that they would not rest until
- 16:41all three defendants were given the most severe penalty possible
- 16:46under the law. Oxana Makar's mother was
- 16:48initially received by the country and the media with
- 16:51endless compassion and support, both emotionally and
- 16:54financially. Millions of runya, which is the
- 16:58official currency of Ukraine, was given to the mother.
- 17:02However, once she filmed her suffering daughter dying and
- 17:06there was evidence that she had been pocketing the charity,
- 17:09their perceptions of Tatiana quickly changed.
- 17:13Then the dark truth, but Oxana Makar's life and her mother's
- 17:18began to surface. The following is based on the
- 17:20personal account of Oxana Makar's mentor at her boarding
- 17:24school. 2003. When Oksana Makar was only nine
- 17:28years old, she attended a boarding school in Shalrokula,
- 17:32Nifka, 50 kilometers away from Maka life.
- 17:36Her mother was released from prison in 2004 and that summer
- 17:40she picked up her daughter and took her on vacation with her.
- 17:44That autumn, a 50 year old man came to the boarding school
- 17:48wanting to take young Oksana away for the weekend.
- 17:52He claimed to be her mother's good friend and left a present
- 17:56for Oxana Makar. When he left, inside a box was
- 18:02sexy lingerie. The girl immediately got flush
- 18:05and said that's for my mom. But her mentor observed that the
- 18:08size was an extra small. He immediately went to the
- 18:12principal of the boarding school with his concerns and Oxana
- 18:15Makar ended up running away from the school at the start of 2005.
- 18:19A month passed until he received a call from the police in
- 18:22Hulukovo, about 600 kilometers away.
- 18:25When he went to the precinct to pick up Oxana, she cried,
- 18:29telling him she had ran away because of what her uncle Vulva
- 18:32was doing to her. That summer, while selling
- 18:35apples, the promenade and Michael Life, he had lured her
- 18:39inside his home, sexually abusing her.
- 18:42When Oxana's mother found out about what had happened, instead
- 18:45of punishing this man, she used the situation to her advantage.
- 18:49She blackmailed her brother and forced her 11 year old daughter
- 18:53Oksana to move into her uncle's house and in return she received
- 18:57regular payments. She was only 5 years old when
- 19:01her uncle began to rape her. The mentor informed the
- 19:04principal who contacted Oksana's mother and the police.
- 19:07Oksana's mother completely lost it, calling them whores and
- 19:11thieves, protesting that everything they said was lies.
- 19:15She would end up bringing in a medical certificate which swore
- 19:20that Oksana was still a virgin. Not long after this incident,
- 19:24Oksana ran away again. Nothing was ever pursued against
- 19:28the allegations made against her mother and uncle Vova.
- 19:31The country was divided on who was to blame for the death of
- 19:35Oksana Makar. Across the Internet and social
- 19:39media, the victim became the subject of passionate debate.
- 19:45Some blame the victim for the horrible circumstances that led
- 19:49to her rape and death, and some were straight up on the side of
- 19:56the rapist. Some people viewed Oksana Makar
- 20:00as a whore, trash who had LED these young men on and who asked
- 20:07for what she was given. Some angry, hateful bloggers.
- 20:13Even went so far to condemn Oxana Makar posting vulgar
- 20:18statements like and I quote I'm on their side.
- 20:22They are heroes 19 years old and trailing around bars.
- 20:25The slut fact serve the bitch right?
- 20:30Others actively rallied around the rapists and murderers, even
- 20:34collecting money to help with their legal aid and raise funds
- 20:40for their bail. This mission was led by a woman
- 20:47and national TV channel 24 TV polled their viewers asking was
- 20:52Makar herself in any way responsible for this tragic
- 20:55event, to which 77% polled answered yes.
- 21:01Others would claim that the two men, believed to be mussours,
- 21:05were in fact regular citizens. But the concept of punishing
- 21:10these kids of the most influential took over the truth
- 21:14and they were unfairly persecuted.
- 21:16Alina Kabashna from the Ukrainian Helsinki Group, a
- 21:19human rights organization, believed it was the lawlessness
- 21:24of the culture, the darkness and the sickness of society that was
- 21:29really to blame for the crime. It was noted how the primary
- 21:33perpetrator, the defendant who had murdered Aksana Makar, had
- 21:37suffered a horrible childhood of violent abuse.
- 21:40The passiveness of the other two defendants who did nothing to
- 21:44stop this violence. Oxana O's own mother may have
- 21:49been the most twisted of them all.
- 21:52She prostituted her child when she was alive and in her death,
- 21:59the political agendas and media hunger that exploited every
- 22:03aspect of the case, but in particular Oxana Makar's death.
- 22:08To read that some residents not only blamed Oksana Makar for
- 22:13what happened to her, but that some even defended the rapists
- 22:17and killers is shocking, disgusting and difficult to
- 22:24hear. Which it is, but the truth is
- 22:28that sexual violence committed against girls and women has
- 22:31frequently brought up the concept of the whore versus
- 22:34Madonna, which victims of rape and sexual assault still are
- 22:40forced to cope with. Society, but in particular
- 22:44patriarchal and misogynistic based societies still perceive
- 22:49women in these unfair, archaic and unjustified divisions.
- 22:54It was not that long ago that criminal courts in the United
- 22:58States were allowed to include testimony and evidence relating
- 23:02to the sexual history and activity of a rape victim,
- 23:06including cases of murder. What became known in the
- 23:12criminal law as rape shield statutes, their first of its
- 23:15kind, was established in 1979 in Michigan.
- 23:18These statutes limit the admissibility of evidence about
- 23:22past sexual behavior other than the ACT that is at issue in the
- 23:26charge. Prior to these laws, any
- 23:29evidence or general reputation around a lack of chastity could
- 23:33be used in court to attack the credibility of the victim at
- 23:37trial. Such testimony no doubtedly led
- 23:40to many jurors questioning the legitimacy of the assault
- 23:44charges and in general allowed defense attorneys to paint the
- 23:47victim in the least sympathetic light.
- 23:51There are countless cases of rape, sexual assault,
- 23:54trafficking, and even homicide where this once was allowed in
- 23:58Criminal Court. One particularly infamous case
- 24:00comes to mind is the 1986 preppy killer murder where 18 year old
- 24:06woman Jennifer Levin was raped and brutally murdered by
- 24:09handsome media ready Robert Chambers.
- 24:13This young woman's name was dragged through the mud by the
- 24:16defense counsel and the media. It wouldn't be until the mid
- 24:211990s when the majority of other states would enact legislation
- 24:26based on Michigan's 1979 statute.
- 24:30When the federal government established the Violence Against
- 24:33Women Act of 1994. This helped to solidify rape
- 24:37shield statutes around the country.
- 24:40These statutes are relevant to Aksana Makar's story because not
- 24:45only does Ukraine lack such protection for victims of sexual
- 24:48violence, but shockingly, there are no official crime statistics
- 24:54recorded for rape or domestic violence victims at all.
- 24:59Any recorded data has been collected from the United
- 25:02Nations and other countries that have researched the issue.
- 25:06A United Nations report in 2013 revealed that 45% of the
- 25:1145,000,000 Ukrainians experienced violence, their
- 25:15sexual, physical and or mental abuse.
- 25:18The majority of it suffers being women.
- 25:22Again, there are no official records or statistics by the
- 25:25Ukrainian government on sexual violence.
- 25:28It was merely a well known but not discussed fact within their
- 25:32culture. Studies conducted by the United
- 25:34Nations and other Western countries indicate that violence
- 25:37committed against women and girls is not restricted to a
- 25:41certain area of the country and it occurs across all social
- 25:44classes. Sexual exploitation of women and
- 25:48girls is also rampant, with as high as 1/3 of young unemployed
- 25:52Ukrainian women having been involved in some degree of
- 25:56illegal sexual activity. It is believed that gender based
- 25:59violence kills approximately 600 Ukrainian women a year, which
- 26:04considering there are no official statistics on this
- 26:07crime, the numbers are likely to be grossly underreported.
- 26:11Violence against women has only escalated since Russia invaded
- 26:15its country in 2014, with the office of the United Nations
- 26:19High Commissioner for Human Rights reporting that women's
- 26:22deaths caused by violence were three times higher than those
- 26:26associated with the war. Ukraine, similar to much of
- 26:30Eastern Europe, faces a crisis of sexual violence, including
- 26:34rape, exploitation and trafficking of its girls and
- 26:38young women. The charity Alliance for Public
- 26:42Health reported there was an estimate of 86,000 sex workers
- 26:45in 2019 and since Russia launched a full-fledged invasion
- 26:50of their country, the issue has only escalated in Ukraine.
- 26:56Many girls and women in Ukraine are expected to remain in
- 26:59traditional gender roles and there are very few legitimate
- 27:02opportunities which empower them to financially support
- 27:05themselves, much less feed and clothe their children.
- 27:09Unless they are married. Most of them have menial jobs
- 27:12that barely support basic living conditions.
- 27:16The most common profile of a sex worker is a single young mother
- 27:20who is uneducated and lacks any valuable skills in the
- 27:23workforce. Left with few options, they have
- 27:26to make money to be able to rent a house and support their
- 27:29children. These young women are faced with
- 27:31performing sex work. Law enforcement widely ignores
- 27:34them and society views them as the fallen women.
- 27:38They are not protected legally, nor are they provided with
- 27:42social support or healthcare. During the same year of the
- 27:46horrific rape and murder of Oksana Makar, the Council of
- 27:51Europe Commissioner for Human Rights, Thomas Hammerberg
- 27:55published a report based upon his findings there during a
- 27:58visit in late November 2011. He concluded that the severe
- 28:04deficiencies within the functions of the justice system
- 28:07led to a gross hindrance of the citizens human rights.
- 28:11It was found that the judiciary was highly vulnerable to
- 28:14corruption by outside influences.
- 28:17There was also a great concern regarding the lack of rights for
- 28:20the defense versus the prosecution, citing a large
- 28:23imbalance of power. That commissioner also addressed
- 28:25how there must be oversight of law enforcement's behavior
- 28:28towards citizens and how they need to be held accountable for
- 28:32their criminal actions, which have included rape, extortion
- 28:35and severe beatings. Ukraine as a sovereign,
- 28:37independent, democratic social legal state.
- 28:41In 2012, the Criminal Procedural Code of Ukraine was established.
- 28:45It closely mirrors international standards, but whether or not
- 28:49the conditions set forth by the code have been implemented is an
- 28:52entirely different matter. The criminal justice system of
- 28:54Ukraine is structured similarly to the US and many Western
- 28:57nations, with courts of general jurisdiction, which include
- 29:01local courts, appellate courts. There are specialized courts
- 29:04which are similar to the superior courts of the United
- 29:06States, and then at the top is their equivalent of SCOTUS.
- 29:13The Constitutional Court of Ukraine is the sole body of
- 29:16constitutional jurisdiction in Ukraine whose purpose is to
- 29:21guarantee the supremacy of the Constitution.
- 29:23This Court resolves issues of conformity of laws and other
- 29:27legal acts with the Constitution of Ukraine and provides the
- 29:30official interpretation of its constitution and the laws.
- 29:34In other words, their word is the law.
- 29:37The problem is that this body of justice is perhaps the most
- 29:42corrupt level of government. The trust towards the courts by
- 29:44the residence Ukraine is alarmingly low.
- 29:48By late 2014, only 10% believed in them and only 1% fully
- 29:55believed in the justice system defined by oligarchy.
- 30:00The system was operated, defined and controlled by a very small
- 30:04group of individuals in positions of power and
- 30:07influence. Ever since Ukraine gained its
- 30:10independence from the Soviet Union in 1991, it is continued
- 30:15to face new versions of the same type of government.
- 30:19They ignore the whole of society and work in the best interest of
- 30:23those in power. Oksana Mccarter's brutal death
- 30:27was a catalyst for change, or at least hopeful change, which has
- 30:30been actively sought since by the people of Ukraine, what was
- 30:34known as the Revolution of Dignity.
- 30:36In 2013 to 2014, there was a big demand for judicial reform, yet
- 30:43the changes have been minimal. The system remains undeveloped,
- 30:49doesn't focus on the rights of its citizens, and the judges
- 30:52continue to lack integrity, efficiency, transparency and
- 30:56balance. It was observed that their
- 30:58current system of legal counsel is terribly constructed.
- 31:02It doesn't function to provide any semblance of respect,
- 31:06professionalism, or power to their position.
- 31:09Lawyers are essentially looked down upon.
- 31:12The largest issue within the justice system is that very few
- 31:16judgments are actually carried through.
- 31:20According to the Ministry of Justice, roughly 80% of
- 31:23sentences given are never executed.
- 31:26Prosecutors also failed to align with European standards.
- 31:30Criminal investigators lack autonomy, and the system as a
- 31:33whole suffers from poor IT infrastructure.
- 31:35The justice system also suffers from not having an
- 31:38individualized approach based on evidence to prevent crime,
- 31:43rehabilitate or re socialize individuals who do violate the
- 31:46law, and very few offenders who are not incarcerated.
- 31:52The justice system also suffers from not having an
- 31:55individualized approach based on evidence to prevent crime,
- 31:58rehabilitate or socialize individuals who violate the law,
- 32:02and very few offenders are given penalties outside of
- 32:05incarceration. In these respects, Ukraine
- 32:07doesn't seem to differ much from the current crime control model
- 32:11implemented by the United States.
- 32:12Most likely likely spurred by the outreach expressed by the
- 32:16residents of Ukraine after Oksana Makar's murder, there
- 32:20were substantial steps made toward judicial reform between
- 32:232012 and 2014. However, the powers given by
- 32:27these reforms exceeded the functions of the constitutional
- 32:31law. Due to this conflict, there have
- 32:33been major setbacks and obstacles to the Code of
- 32:36Criminal Procedure being successfully implemented.
- 32:40A strategy for reforming the justice system was established
- 32:43to update legislation which would help restore society's
- 32:47diminished confidence in the judiciary.
- 32:49In 2016, Parliament adopted several amendments regarding the
- 32:53criminal justice system, including the judiciary.
- 32:55One of the most significant amendments was to the
- 32:58Constitutional Court who now had the sole power to dismiss its
- 33:02judges. The other significant amendment
- 33:05was the establishment of anti corruption protections and how
- 33:09the prosecution no longer held oversight over law enforcement.
- 33:13The courts were also restructured under these
- 33:15amendments and the Supreme Anti Corruption Court and the High
- 33:18Court of Intellectual Property was established.
- 33:21Interestingly, the Supreme Anti Corruption Court is made-up not
- 33:25just of tenured members of the judiciary but also lawyers and
- 33:30legal academics who have 10 or more years of experience.
- 33:33Primary goal of these reforms, however, has yet to be reached,
- 33:38which is reflected in the terrible approval ratings by the
- 33:41residents of Ukraine. They have yet to gain the rights
- 33:44to a fair trial by an independent, professional and
- 33:48impartial court. On October 27th, 2020, the
- 33:53Constitutional Court ruled that the National Agency for
- 33:55Preventing Corruption, also known as NAPC, was in fact
- 34:01unconstitutional. The Constitutional Court
- 34:03effectively tore the agency apart, in particular dismantling
- 34:07its asset declaration system and the subsequent penalties
- 34:12associated with this violation. This system was critical to help
- 34:17minimize corruption amongst both appointed and elected government
- 34:21officials. The asset declaration system was
- 34:23one of the requirements set by the International Monetary Fund
- 34:27in order to continue providing loans to Ukraine.
- 34:31As to why the Constitutional Court eliminated this pertinent
- 34:35system, it is believed that they are the most adversely impacted
- 34:40by it. Members of the Constitutional
- 34:42Court are the highest power in government.
- 34:47Any decision they make cannot be reversed or appealed.
- 34:52There is no agency which overseas their decisions, much
- 34:55less enforces their impartiality.
- 34:58These judges are some of the wealthiest, most influential
- 35:02individuals in the country, making on average 20 times the
- 35:06national average. But many past declarations have
- 35:11not been reflective of this salary and there is evidence of
- 35:16their covering up their assets. President Zelensky drafted a law
- 35:20to get rid of the court's current judges and and all this
- 35:24ruling, but this law would violate the Constitution.
- 35:29Ever since Russia launched its full invasion of Ukraine,
- 35:33Zelensky has made continued efforts at real judicial reform,
- 35:38but yet he in the Constitutional Court stand at a stalemate.
- 35:43Women in Ukraine have equal constitutional rights as men,
- 35:46but they are not represented or treated equally to men in
- 35:49society, especially within the realm of politics.
- 35:55Positions of power and influence are highly restricted to women,
- 36:01with parliament currently comprised of 22%.
- 36:04Very few women are economically independent, much less own their
- 36:08own homes or businesses. I am sure, as in most countries,
- 36:11there are exceptions to the rule depending on the region and the
- 36:15personal circumstances of the woman's life.
- 36:17This is not a reflection of all males in Ukrainian society, but
- 36:22women must be represented in more political and legal affairs
- 36:26in order for their voices to be listened to and for their bodies
- 36:30and lives to be protected. On a personal note, I've had a
- 36:38few interactions with residents of Ukraine and they have been
- 36:41nothing but lovely. They are kind, respectful, warm
- 36:46and hard working people. My original score for this
- 36:49podcast was Co created by myself and a young Ukrainian male
- 36:53artist and it was a wonderful, fulfilling experience.
- 36:58I wanted to share Oksana Makar's story because violence against
- 37:02girls and women is an International Crisis that only
- 37:07seems to be escalating every year.
- 37:11It is not just one country's problem, nor is it only one
- 37:15group's issue to solve. It affects every race,
- 37:20ethnicity, religion and social class.
- 37:24Only as a united global community can we ever hope to
- 37:30eradicate this virus of violence that continues to invade the
- 37:35lives of females around the world.
- 37:39Thank you so much for listening to the tragic story of Ukraine's
- 37:45Oksana Makar. If you have any questions,
- 37:50comments, or thoughts about this episode or ideas for future
- 37:54ones, please reach out. I would love to hear from you.
- 37:58You can find my contact information in the episode
- 38:01description below. Until next time, stay safe and
- 38:08watch out for she did murder happening in the streets next
- 38:13door, especially inside your own home.
- 38:19Shades of Murder is created, researched, written and edited
- 38:23by Alito Caldwell. Original music stranger composed
- 38:28by Stereo Code.