June 4, 2025 • 38 mins
In March 2012, a young woman from Ukraine was discovered lying inside the basement of an abandoned hospital. She was on fire and barely alive. Her shocking and brutal story would highlight the injustice, corruption, and lack of accountability for the country's elite. This is the case of Oksana Makar.
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Research for Episode 52:
Gang-raped, strangled and set on fire: Teen dies in Ukraine hospital
https://www.opendemocracy.net/en/odr/oksana-makar-can-her-shocking-death-change-anything-in-ukraine
Rape Victim Whose Case Shocked Ukraine Dies From Injuries
https://www.rferl.org/a/ukraine-oksana-makar-rape-sentencing/24782951.html
The Accused in the Makar Case Changed His Testimony | Censor.NET
Ukraine rape and murder: Trio jailed - BBC News
Ukraine rape scandal victim Oksana Makar dies
Video of Teen Rape Victim Oksana Makar From Hospital Bed Posted Online - ABC News
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:02):
On the morning of March 10th, 2012, in Mekhalai, Ukraine, a
martyrs heard a soft moaning sound coming from an abandoned
building under a charge sheet. He saw something slowly moving.
When he lifted the sheet, the man discovered the naked and
severely burned woman lying inside the basement of an old
(00:27):
hospital. Her shocking, brutal story that
would be revealed led to revoltsagainst the corrupt institutions
that helped perpetuate and ignore gender based violence.
Who was this poor victim and what kind of monster left her to
(00:48):
die burning alive? Hello and welcome to Shades of
(01:17):
Murder. In this podcast, I discuss cases
of murder from around the world and throughout history,
attempting to unravel the layersof darkness that help make
humans and monsters. Please be forewarned that each
(01:37):
episode contains specific and attimes very graphic and
disturbing details of the case. This show is not intended for
all audiences and listener discretion is strongly advised.
Ukraine is not immune to bizarre, horrific cases of
(01:58):
murder. But in 2012 the country was
appalled by several brutal crimes.
A judge, his wife, their son anddaughter-in-law were discovered
all dead inside an apartment. Their heads were all missing.
Their vicious assailants were never found.
(02:22):
A four year old child was found dead in Sevastopol.
The little girl had suffered a massive blow to her head.
It would later be learned that she was beaten to death by five
children aged 7 to 11. They killed her out of jealousy
because their mother was taking care of her.
(02:43):
A 25 year old woman was found inKamyanka with several cuts on
her head and legs. She had been beaten and was
sexually assaulted and dogs had been set on her to attack.
This woman lay in the street dying, begging for people to
help her all night, but the residents were too scared to
(03:05):
call the police. Yet these senseless,
horrifyingly violent and notablybizarre crimes paled in
comparison to the events that unfolded in March of that same
year. This is the story of Aksana
Makar. When this young woman was found
(03:26):
abandoned at the old hospital, smouldering in flames, the
stranger who found her contactedemergency services and she was
immediately transported to the nearest hospital. 55% of her
body had been burned. Barely alive, the young woman
would face unimaginable pain andsuffering from what she had
(03:48):
endured the night before. The girl's kidneys had been
burned. Multiple surgeries later, the
girl had lost both of her legs and her right arm, but
amazingly, she would live long enough to tell her story.
She regained consciousness bravely after surgery, but then
doctors placed her into an induced coma.
(04:09):
The severity of her burns and the damage done to her lungs
required that she be transferredto a specialist unit and done
that sick for treatment. Initially doctors bleached her
condition was improving and her prognosis was helpful.
The victim was later identified as 18 year old Aksana Makar.
She told the police about what had been done to her.
The night before she had met twomen at a bar in town called the
(04:33):
Little Fish. They had all been partying
heavily, drinking and toward theend of the night they convinced
her to leave and go with them toone of their friends houses
nearby. At some point, one of them made
a sexual gesture to her, and when she showed a lack of these,
three fun, outgoing young men turned into monsters.
They held Oksana down and raped her, taking turns with this
(04:56):
helpless, intoxicated woman. After they were done with her,
she threatened to go to the police.
One of the men grabbed a cord and began to strangle her.
Oksana did everything she could,struggling to fight them off,
but the man easily overpowered the young petite woman,
believing she was already dead or close to it.
They wrapped up her body and carried it to an abandoned
(05:18):
building, lighting her a flame. She was burning alive.
They had ignited her body into flames while she was still
breathing. At some point, she regained
consciousness. Oksana Makar, during her
incomprehensible suffering, had identified her three rapists and
her attempted murderers, leadingto their prompt arrest.
(05:38):
However, only one remained in custody.
The prosecutor's office claimed that they did not have enough
evidence to keep the other two men in jail.
At this point, they were considered witnesses to the
crime. Ukraine's Chief Police officer
Vitali Zechenka quickly confirmed they were in fact the
sons of former government officials.
(06:01):
The suspect the police held finally broke his silence and
confessed to what had happened that night.
During his interrogation, the man told the police in gruesome
detail. Oxana Makar was assaulted in a
flat in the city. The men had then wrapped her in
a blanket and abandoned her inside a pit within the
abandoned hospital. He claimed that he only started
(06:21):
the fire in an attempt to get rid of a pillow case that had
been accidentally wrapped up inside the blanket with her.
The three men then went to the supermarket to purchase more
vodka and stopped for a tea at akiosk.
The interrogation video of suspect Yevgeni Karshak was
published online by the Kiev Post on YouTube.
(06:43):
It was viewed 100,000 times. On the first day, everyone could
witness the young man speaking in graphic detail about how he
raped and strangled this vulnerable young woman he had
just met that night by chance. He said that he choked her first
with his hands and then tightly wrapped a cord around her neck.
(07:04):
The man was void of any emotion.He expressed no remorse, no
regret or concern over the heinous crime he had committed.
When the video of her news of the two men's released and
complete lack of criminal charges hit the media, the
community was outraged and they took to the streets.
Protests erupted and Mikkelife and other regions of Ukraine,
(07:28):
including Levyouf, Odessa and Harkiv, calling for the
investigators to all be replaced.
It refueled the public debate onthe pervasive political
corruption that existed in Ukraine and the lack of justice
it had for its residents. Hundreds of people marched in
the streets and in front of the judicial building to demand
(07:50):
justice for Oksana Makar. The residents of Ukraine were
tired of their voices being silenced.
They would refuse to remain quiet over this brutal, sexual,
violent act and horrendous deaththis young woman experienced.
Especially in light of how many of them have been victims of
abuse and violence, especially at the hands of the elite, what
(08:13):
are referred to as mezzohors in Ukraine, the wealthiest, most
powerful and influential businessmen and government
officials and their sons have long been the subject of endless
anger, criticism and controversyby politicians, civil activists
and journalists. These men are known for using
their status to do whatever theyplease because they know they
(08:35):
will get away with it. A genetic businessman, Vladimir
Calivico, during a drunk conversation with law
enforcement officers, told them.And I quote when I want to, I
snort cocaine when I want to, I shoot up when I want to, I drink
when I want to, I drive when I want to, I have sex when I want
to, I use my gun. One municipal council officer
(08:59):
and Usgro even began a shootout in a crowded cafe, shouting to
everyone that the cops couldn't do anything to him because he
has good friends with the Uzgrod's police chief's son.
Countless crimes and violent behavior have been covered up
because at the time of these events, there was no
accountability for those in power.
When Iksana Makara was raped andmurdered, the people would no
(09:22):
longer accept inaction and injustice.
Shouts amongst the angry residents shattered long
existing silence. Your daughter could be next.
They kill us on the roads and now they set us on fire.
These three beasts don't have the right to walk.
The earth that burned effigy wasfilmed in front of the district
prosecutors office. The moment was plastered across
(09:45):
every television station and newspaper.
The murder and burning of OksanaMakar has set off a media circus
unlike anything Ukraine had everexperienced.
The leader of the country at this time, President Viktor
Yanukovych, was shaken and upsetby the people's outrage.
He did his best to calm their anger by reassuring them that
(10:08):
these rapists and maniacs who committed this crime would face
justice. He immediately ordered a new
investigation team to head to make a life.
This led to the two previously released sons of former
government officials to be rearrested on March 13th.
All three suspects were charged with attempted murder and rape.
These charges would later be changed though to Yevgeny
(10:29):
Karzenachek being the only offender charged with murder.
Both President and Viktor Yanukovych and Prime Minister
Nikolai Azarov called for just punishment of the accused.
They told the people no compromises, only with the
knowledge that punishment is inevitable.
With these monsters, fear to encroach on people's lives and
(10:51):
rights. Aksana Makar struggled to
breathe. Every moment of her existence
had become complete agony. Upon the insistence of her
mother, Tatiana Subravyatskia, she filmed from her hospital bed
on YouTube her last moments. In this distressing video, she
expresses her rage toward her assailants, telling the camera
(11:14):
exactly how they deserve the harshest of punishments.
The young woman is visibly uncomfortable and upset and
tries to keep herself and her wounds covered, but her mother
tells her not to. When Oksana starts to discuss
what had happened to her, she suddenly stops breaking off and
saying that she just can't do it.
(11:35):
But her mother insists to say a couple of words to Ukraine.
Oksana Makar calls for her rapist to be shot, castrated,
they're balls fed to dogs. Or just send them to prison for
life and see what happens to them there.
When asked how she goes on, the young woman stared at the camera
and simply said how I will live.I will live, that's all.
(11:59):
This video received outrage for many viewers, seen as a second
violation of Iksana Magar, this time by her mother.
They didn't understand how or why the mother could force her
daughter to put herself on videoin the most severe, physical and
traumatic state. Most viewers felt nothing but
(12:22):
sympathy and compassion for young Oksana Makar, and hundreds
donated money to help her motherwith her medical care.
Her mother was later accused of spending these funds on herself
instead, and that she had reportedly been receiving money
for interviews. In response, all her mother had
(12:42):
to say was the press. Look at me, do I look like a
rich woman? Tragically, the young woman's
injuries were far too severe, and even though the doctors did
everything imaginable to keep her alive, her body could not
endure the damage. At only 18 years old, Oksana
Makar's heart stopped beating due to the bleeding in her
(13:04):
lungs. Doctors attempted to resuscitate
her three times without success.On March 29th, almost 20 days
after she was viciously assaulted and left to die in a
fire, Oksana Makar drew her lastbreath.
Her mother morbidly selected a wedding gown to bury her
(13:27):
daughter in. The reason she gave for this was
that thanks to the men who had killed her daughter Oksana, she
would never be able to become a bride.
In October 2012, the fate of allthree of Oxana Makar's offenders
would unfold. According to the prosecution,
the three perpetrators had thrown a lit pillowcase on top
(13:47):
of Oxana Makar's nude Unkar's body, and yet a piece of cloth
was not capable of remaining on fire, much less in freezing
temperatures for several hours. Yet, for some unknown reason, an
expert was never commissioned totestify as to how the victim had
received such horrendous burns. There was much speculation, but
(14:13):
no evidence as to how Oksana Makar was lying in a fire when
she was found. Although he initially confessed
to strangling Oksana Makar during his interrogation video,
Yevjini Krasnosek now claimed that he was not the one to choke
her, or at least not in the way everyone thought.
(14:36):
But according to Oksana's mother's lawyer, Yevgeny swore
that he strangled her to save her life.
To ensure that the other two mendidn't actually kill her,
Yevgeny Korasnochek stated that he purposely did not use harsh
force on Oksana's neck while choking her so that she would
(14:57):
just pass out, but that the other two guys would think she
was already dead once she passedout, he said he told them that
he had killed her, but then onceagain he changed his story and
on the stand testified that it was another one of the offenders
that strangled Aksana. Karaznochik claimed that he took
the blame out of fear for himself and his family.
(15:19):
When the judge inquired as to why he would now change his
testimony, Karaznochik claimed that a man came to his cell in
jail and offered him money in exchange if you would take full
responsibility for the murder and not the others.
He said it was then that he knewsomething was not right and that
(15:40):
he must tell the truth. The other two suspects both
denied their involvement in Iksana Makar's rape or murder.
They strongly stood by their testimony that they were too
frightened of Yevgeny Krasnochekto intervene.
Yevgeny Krasnochek, 23, who was the only one of the three
defendants to admit his participation in the rape, his
(16:03):
confession to her murder and involvement in setting her on
fire, faced the harshest punishment.
He was given life imprisonment for his role in the crimes.
The other two men, Maxim Pereznik, 24, Arnatom Pogracian,
22, the sons of the former government officials, would
(16:24):
receive 15 years and 14 years respectively.
Although there was some semblance of justice, Michael
Krtnich, A politician and leaderof the European Party of
Ukraine, was not satisfied. He declared to the press on
behalf of Oxana Makar's mother that they would not rest until
all three defendants were given the most severe penalty possible
(16:46):
under the law. Oxana Makar's mother was
initially received by the country and the media with
endless compassion and support, both emotionally and
financially. Millions of runya, which is the
official currency of Ukraine, was given to the mother.
However, once she filmed her suffering daughter dying and
(17:06):
there was evidence that she had been pocketing the charity,
their perceptions of Tatiana quickly changed.
Then the dark truth, but Oxana Makar's life and her mother's
began to surface. The following is based on the
personal account of Oxana Makar's mentor at her boarding
school. 2003. When Oksana Makar was only nine
(17:28):
years old, she attended a boarding school in Shalrokula,
Nifka, 50 kilometers away from Maka life.
Her mother was released from prison in 2004 and that summer
she picked up her daughter and took her on vacation with her.
That autumn, a 50 year old man came to the boarding school
wanting to take young Oksana away for the weekend.
(17:52):
He claimed to be her mother's good friend and left a present
for Oxana Makar. When he left, inside a box was
sexy lingerie. The girl immediately got flush
and said that's for my mom. But her mentor observed that the
size was an extra small. He immediately went to the
principal of the boarding schoolwith his concerns and Oxana
(18:15):
Makar ended up running away fromthe school at the start of 2005.
A month passed until he receiveda call from the police in
Hulukovo, about 600 kilometers away.
When he went to the precinct to pick up Oxana, she cried,
telling him she had ran away because of what her uncle Vulva
was doing to her. That summer, while selling
(18:35):
apples, the promenade and Michael Life, he had lured her
inside his home, sexually abusing her.
When Oxana's mother found out about what had happened, instead
of punishing this man, she used the situation to her advantage.
She blackmailed her brother and forced her 11 year old daughter
Oksana to move into her uncle's house and in return she received
(18:57):
regular payments. She was only 5 years old when
her uncle began to rape her. The mentor informed the
principal who contacted Oksana'smother and the police.
Oksana's mother completely lost it, calling them whores and
thieves, protesting that everything they said was lies.
She would end up bringing in a medical certificate which swore
(19:20):
that Oksana was still a virgin. Not long after this incident,
Oksana ran away again. Nothing was ever pursued against
the allegations made against hermother and uncle Vova.
The country was divided on who was to blame for the death of
Oksana Makar. Across the Internet and social
media, the victim became the subject of passionate debate.
(19:45):
Some blame the victim for the horrible circumstances that led
to her rape and death, and some were straight up on the side of
the rapist. Some people viewed Oksana Makar
as a whore, trash who had LED these young men on and who asked
(20:07):
for what she was given. Some angry, hateful bloggers.
Even went so far to condemn Oxana Makar posting vulgar
statements like and I quote I'm on their side.
They are heroes 19 years old andtrailing around bars.
The slut fact serve the bitch right?
(20:30):
Others actively rallied around the rapists and murderers, even
collecting money to help with their legal aid and raise funds
for their bail. This mission was led by a woman
and national TV channel 24 TV polled their viewers asking was
(20:52):
Makar herself in any way responsible for this tragic
event, to which 77% polled answered yes.
Others would claim that the two men, believed to be mussours,
were in fact regular citizens. But the concept of punishing
these kids of the most influential took over the truth
(21:14):
and they were unfairly persecuted.
Alina Kabashna from the Ukrainian Helsinki Group, a
human rights organization, believed it was the lawlessness
of the culture, the darkness andthe sickness of society that was
really to blame for the crime. It was noted how the primary
perpetrator, the defendant who had murdered Aksana Makar, had
(21:37):
suffered a horrible childhood ofviolent abuse.
The passiveness of the other twodefendants who did nothing to
stop this violence. Oxana O's own mother may have
been the most twisted of them all.
She prostituted her child when she was alive and in her death,
(21:59):
the political agendas and media hunger that exploited every
aspect of the case, but in particular Oxana Makar's death.
To read that some residents not only blamed Oksana Makar for
what happened to her, but that some even defended the rapists
and killers is shocking, disgusting and difficult to
(22:24):
hear. Which it is, but the truth is
that sexual violence committed against girls and women has
frequently brought up the concept of the whore versus
Madonna, which victims of rape and sexual assault still are
forced to cope with. Society, but in particular
(22:44):
patriarchal and misogynistic based societies still perceive
women in these unfair, archaic and unjustified divisions.
It was not that long ago that criminal courts in the United
States were allowed to include testimony and evidence relating
to the sexual history and activity of a rape victim,
(23:06):
including cases of murder. What became known in the
criminal law as rape shield statutes, their first of its
kind, was established in 1979 inMichigan.
These statutes limit the admissibility of evidence about
past sexual behavior other than the ACT that is at issue in the
charge. Prior to these laws, any
(23:29):
evidence or general reputation around a lack of chastity could
be used in court to attack the credibility of the victim at
trial. Such testimony no doubtedly led
to many jurors questioning the legitimacy of the assault
charges and in general allowed defense attorneys to paint the
victim in the least sympathetic light.
(23:51):
There are countless cases of rape, sexual assault,
trafficking, and even homicide where this once was allowed in
Criminal Court. One particularly infamous case
comes to mind is the 1986 preppykiller murder where 18 year old
woman Jennifer Levin was raped and brutally murdered by
handsome media ready Robert Chambers.
(24:13):
This young woman's name was dragged through the mud by the
defense counsel and the media. It wouldn't be until the mid
1990s when the majority of otherstates would enact legislation
based on Michigan's 1979 statute.
When the federal government established the Violence Against
(24:33):
Women Act of 1994. This helped to solidify rape
shield statutes around the country.
These statutes are relevant to Aksana Makar's story because not
only does Ukraine lack such protection for victims of sexual
violence, but shockingly, there are no official crime statistics
(24:54):
recorded for rape or domestic violence victims at all.
Any recorded data has been collected from the United
Nations and other countries thathave researched the issue.
A United Nations report in 2013 revealed that 45% of the
45,000,000 Ukrainians experienced violence, their
(25:15):
sexual, physical and or mental abuse.
The majority of it suffers beingwomen.
Again, there are no official records or statistics by the
Ukrainian government on sexual violence.
It was merely a well known but not discussed fact within their
culture. Studies conducted by the United
Nations and other Western countries indicate that violence
(25:37):
committed against women and girls is not restricted to a
certain area of the country and it occurs across all social
classes. Sexual exploitation of women and
girls is also rampant, with as high as 1/3 of young unemployed
Ukrainian women having been involved in some degree of
illegal sexual activity. It is believed that gender based
(25:59):
violence kills approximately 600Ukrainian women a year, which
considering there are no official statistics on this
crime, the numbers are likely tobe grossly underreported.
Violence against women has only escalated since Russia invaded
its country in 2014, with the office of the United Nations
(26:19):
High Commissioner for Human Rights reporting that women's
deaths caused by violence were three times higher than those
associated with the war. Ukraine, similar to much of
Eastern Europe, faces a crisis of sexual violence, including
rape, exploitation and trafficking of its girls and
young women. The charity Alliance for Public
(26:42):
Health reported there was an estimate of 86,000 sex workers
in 2019 and since Russia launched a full-fledged invasion
of their country, the issue has only escalated in Ukraine.
Many girls and women in Ukraine are expected to remain in
traditional gender roles and there are very few legitimate
(27:02):
opportunities which empower themto financially support
themselves, much less feed and clothe their children.
Unless they are married. Most of them have menial jobs
that barely support basic livingconditions.
The most common profile of a sexworker is a single young mother
who is uneducated and lacks any valuable skills in the
(27:23):
workforce. Left with few options, they have
to make money to be able to renta house and support their
children. These young women are faced with
performing sex work. Law enforcement widely ignores
them and society views them as the fallen women.
They are not protected legally, nor are they provided with
social support or healthcare. During the same year of the
(27:46):
horrific rape and murder of Oksana Makar, the Council of
Europe Commissioner for Human Rights, Thomas Hammerberg
published a report based upon his findings there during a
visit in late November 2011. He concluded that the severe
deficiencies within the functions of the justice system
(28:07):
led to a gross hindrance of the citizens human rights.
It was found that the judiciary was highly vulnerable to
corruption by outside influences.
There was also a great concern regarding the lack of rights for
the defense versus the prosecution, citing a large
imbalance of power. That commissioner also addressed
how there must be oversight of law enforcement's behavior
(28:28):
towards citizens and how they need to be held accountable for
their criminal actions, which have included rape, extortion
and severe beatings. Ukraine as a sovereign,
independent, democratic social legal state.
In 2012, the Criminal ProceduralCode of Ukraine was established.
It closely mirrors internationalstandards, but whether or not
(28:49):
the conditions set forth by the code have been implemented is an
entirely different matter. The criminal justice system of
Ukraine is structured similarly to the US and many Western
nations, with courts of general jurisdiction, which include
local courts, appellate courts. There are specialized courts
which are similar to the superior courts of the United
States, and then at the top is their equivalent of SCOTUS.
(29:13):
The Constitutional Court of Ukraine is the sole body of
constitutional jurisdiction in Ukraine whose purpose is to
guarantee the supremacy of the Constitution.
This Court resolves issues of conformity of laws and other
legal acts with the Constitutionof Ukraine and provides the
official interpretation of its constitution and the laws.
(29:34):
In other words, their word is the law.
The problem is that this body ofjustice is perhaps the most
corrupt level of government. The trust towards the courts by
the residence Ukraine is alarmingly low.
By late 2014, only 10% believed in them and only 1% fully
(29:55):
believed in the justice system defined by oligarchy.
The system was operated, definedand controlled by a very small
group of individuals in positions of power and
influence. Ever since Ukraine gained its
independence from the Soviet Union in 1991, it is continued
to face new versions of the sametype of government.
(30:19):
They ignore the whole of societyand work in the best interest of
those in power. Oksana Mccarter's brutal death
was a catalyst for change, or atleast hopeful change, which has
been actively sought since by the people of Ukraine, what was
known as the Revolution of Dignity.
In 2013 to 2014, there was a bigdemand for judicial reform, yet
(30:43):
the changes have been minimal. The system remains undeveloped,
doesn't focus on the rights of its citizens, and the judges
continue to lack integrity, efficiency, transparency and
balance. It was observed that their
current system of legal counsel is terribly constructed.
It doesn't function to provide any semblance of respect,
(31:06):
professionalism, or power to their position.
Lawyers are essentially looked down upon.
The largest issue within the justice system is that very few
judgments are actually carried through.
According to the Ministry of Justice, roughly 80% of
sentences given are never executed.
(31:26):
Prosecutors also failed to alignwith European standards.
Criminal investigators lack autonomy, and the system as a
whole suffers from poor IT infrastructure.
The justice system also suffers from not having an
individualized approach based onevidence to prevent crime,
rehabilitate or re socialize individuals who do violate the
(31:46):
law, and very few offenders who are not incarcerated.
The justice system also suffers from not having an
individualized approach based onevidence to prevent crime,
rehabilitate or socialize individuals who violate the law,
and very few offenders are givenpenalties outside of
incarceration. In these respects, Ukraine
(32:07):
doesn't seem to differ much fromthe current crime control model
implemented by the United States.
Most likely likely spurred by the outreach expressed by the
residents of Ukraine after Oksana Makar's murder, there
were substantial steps made toward judicial reform between
2012 and 2014. However, the powers given by
(32:27):
these reforms exceeded the functions of the constitutional
law. Due to this conflict, there have
been major setbacks and obstacles to the Code of
Criminal Procedure being successfully implemented.
A strategy for reforming the justice system was established
to update legislation which would help restore society's
diminished confidence in the judiciary.
(32:49):
In 2016, Parliament adopted several amendments regarding the
criminal justice system, including the judiciary.
One of the most significant amendments was to the
Constitutional Court who now hadthe sole power to dismiss its
judges. The other significant amendment
was the establishment of anti corruption protections and how
(33:09):
the prosecution no longer held oversight over law enforcement.
The courts were also restructured under these
amendments and the Supreme Anti Corruption Court and the High
Court of Intellectual Property was established.
Interestingly, the Supreme Anti Corruption Court is made-up not
just of tenured members of the judiciary but also lawyers and
(33:30):
legal academics who have 10 or more years of experience.
Primary goal of these reforms, however, has yet to be reached,
which is reflected in the terrible approval ratings by the
residents of Ukraine. They have yet to gain the rights
to a fair trial by an independent, professional and
impartial court. On October 27th, 2020, the
(33:53):
Constitutional Court ruled that the National Agency for
Preventing Corruption, also known as NAPC, was in fact
unconstitutional. The Constitutional Court
effectively tore the agency apart, in particular dismantling
its asset declaration system andthe subsequent penalties
associated with this violation. This system was critical to help
(34:17):
minimize corruption amongst bothappointed and elected government
officials. The asset declaration system was
one of the requirements set by the International Monetary Fund
in order to continue providing loans to Ukraine.
As to why the Constitutional Court eliminated this pertinent
system, it is believed that theyare the most adversely impacted
(34:40):
by it. Members of the Constitutional
Court are the highest power in government.
Any decision they make cannot bereversed or appealed.
There is no agency which overseas their decisions, much
less enforces their impartiality.
These judges are some of the wealthiest, most influential
(35:02):
individuals in the country, making on average 20 times the
national average. But many past declarations have
not been reflective of this salary and there is evidence of
their covering up their assets. President Zelensky drafted a law
to get rid of the court's current judges and and all this
(35:24):
ruling, but this law would violate the Constitution.
Ever since Russia launched its full invasion of Ukraine,
Zelensky has made continued efforts at real judicial reform,
but yet he in the ConstitutionalCourt stand at a stalemate.
Women in Ukraine have equal constitutional rights as men,
(35:46):
but they are not represented or treated equally to men in
society, especially within the realm of politics.
Positions of power and influenceare highly restricted to women,
with parliament currently comprised of 22%.
Very few women are economically independent, much less own their
(36:08):
own homes or businesses. I am sure, as in most countries,
there are exceptions to the ruledepending on the region and the
personal circumstances of the woman's life.
This is not a reflection of all males in Ukrainian society, but
women must be represented in more political and legal affairs
in order for their voices to be listened to and for their bodies
(36:30):
and lives to be protected. On a personal note, I've had a
few interactions with residents of Ukraine and they have been
nothing but lovely. They are kind, respectful, warm
and hard working people. My original score for this
podcast was Co created by myselfand a young Ukrainian male
(36:53):
artist and it was a wonderful, fulfilling experience.
I wanted to share Oksana Makar'sstory because violence against
girls and women is an International Crisis that only
seems to be escalating every year.
It is not just one country's problem, nor is it only one
(37:15):
group's issue to solve. It affects every race,
ethnicity, religion and social class.
Only as a united global community can we ever hope to
eradicate this virus of violencethat continues to invade the
lives of females around the world.
(37:39):
Thank you so much for listening to the tragic story of Ukraine's
Oksana Makar. If you have any questions,
comments, or thoughts about thisepisode or ideas for future
ones, please reach out. I would love to hear from you.
You can find my contact information in the episode
(38:01):
description below. Until next time, stay safe and
watch out for she did murder happening in the streets next
door, especially inside your ownhome.
Shades of Murder is created, researched, written and edited
(38:23):
by Alito Caldwell. Original music stranger composed
by Stereo Code.
On the morning of March 10th, 2012, in Mekhalai, Ukraine, a
martyrs heard a soft moaning sound coming from an abandoned
building under a charge sheet. He saw something slowly moving.
When he lifted the sheet, the man discovered the naked and
severely burned woman lying inside the basement of an old
(00:27):
hospital. Her shocking, brutal story that
would be revealed led to revoltsagainst the corrupt institutions
that helped perpetuate and ignore gender based violence.
Who was this poor victim and what kind of monster left her to
(00:48):
die burning alive? Hello and welcome to Shades of
(01:17):
Murder. In this podcast, I discuss cases
of murder from around the world and throughout history,
attempting to unravel the layersof darkness that help make
humans and monsters. Please be forewarned that each
(01:37):
episode contains specific and attimes very graphic and
disturbing details of the case. This show is not intended for
all audiences and listener discretion is strongly advised.
Ukraine is not immune to bizarre, horrific cases of
(01:58):
murder. But in 2012 the country was
appalled by several brutal crimes.
A judge, his wife, their son anddaughter-in-law were discovered
all dead inside an apartment. Their heads were all missing.
Their vicious assailants were never found.
(02:22):
A four year old child was found dead in Sevastopol.
The little girl had suffered a massive blow to her head.
It would later be learned that she was beaten to death by five
children aged 7 to 11. They killed her out of jealousy
because their mother was taking care of her.
(02:43):
A 25 year old woman was found inKamyanka with several cuts on
her head and legs. She had been beaten and was
sexually assaulted and dogs had been set on her to attack.
This woman lay in the street dying, begging for people to
help her all night, but the residents were too scared to
(03:05):
call the police. Yet these senseless,
horrifyingly violent and notablybizarre crimes paled in
comparison to the events that unfolded in March of that same
year. This is the story of Aksana
Makar. When this young woman was found
(03:26):
abandoned at the old hospital, smouldering in flames, the
stranger who found her contactedemergency services and she was
immediately transported to the nearest hospital. 55% of her
body had been burned. Barely alive, the young woman
would face unimaginable pain andsuffering from what she had
(03:48):
endured the night before. The girl's kidneys had been
burned. Multiple surgeries later, the
girl had lost both of her legs and her right arm, but
amazingly, she would live long enough to tell her story.
She regained consciousness bravely after surgery, but then
doctors placed her into an induced coma.
(04:09):
The severity of her burns and the damage done to her lungs
required that she be transferredto a specialist unit and done
that sick for treatment. Initially doctors bleached her
condition was improving and her prognosis was helpful.
The victim was later identified as 18 year old Aksana Makar.
She told the police about what had been done to her.
The night before she had met twomen at a bar in town called the
(04:33):
Little Fish. They had all been partying
heavily, drinking and toward theend of the night they convinced
her to leave and go with them toone of their friends houses
nearby. At some point, one of them made
a sexual gesture to her, and when she showed a lack of these,
three fun, outgoing young men turned into monsters.
They held Oksana down and raped her, taking turns with this
(04:56):
helpless, intoxicated woman. After they were done with her,
she threatened to go to the police.
One of the men grabbed a cord and began to strangle her.
Oksana did everything she could,struggling to fight them off,
but the man easily overpowered the young petite woman,
believing she was already dead or close to it.
They wrapped up her body and carried it to an abandoned
(05:18):
building, lighting her a flame. She was burning alive.
They had ignited her body into flames while she was still
breathing. At some point, she regained
consciousness. Oksana Makar, during her
incomprehensible suffering, had identified her three rapists and
her attempted murderers, leadingto their prompt arrest.
(05:38):
However, only one remained in custody.
The prosecutor's office claimed that they did not have enough
evidence to keep the other two men in jail.
At this point, they were considered witnesses to the
crime. Ukraine's Chief Police officer
Vitali Zechenka quickly confirmed they were in fact the
sons of former government officials.
(06:01):
The suspect the police held finally broke his silence and
confessed to what had happened that night.
During his interrogation, the man told the police in gruesome
detail. Oxana Makar was assaulted in a
flat in the city. The men had then wrapped her in
a blanket and abandoned her inside a pit within the
abandoned hospital. He claimed that he only started
(06:21):
the fire in an attempt to get rid of a pillow case that had
been accidentally wrapped up inside the blanket with her.
The three men then went to the supermarket to purchase more
vodka and stopped for a tea at akiosk.
The interrogation video of suspect Yevgeni Karshak was
published online by the Kiev Post on YouTube.
(06:43):
It was viewed 100,000 times. On the first day, everyone could
witness the young man speaking in graphic detail about how he
raped and strangled this vulnerable young woman he had
just met that night by chance. He said that he choked her first
with his hands and then tightly wrapped a cord around her neck.
(07:04):
The man was void of any emotion.He expressed no remorse, no
regret or concern over the heinous crime he had committed.
When the video of her news of the two men's released and
complete lack of criminal charges hit the media, the
community was outraged and they took to the streets.
Protests erupted and Mikkelife and other regions of Ukraine,
(07:28):
including Levyouf, Odessa and Harkiv, calling for the
investigators to all be replaced.
It refueled the public debate onthe pervasive political
corruption that existed in Ukraine and the lack of justice
it had for its residents. Hundreds of people marched in
the streets and in front of the judicial building to demand
(07:50):
justice for Oksana Makar. The residents of Ukraine were
tired of their voices being silenced.
They would refuse to remain quiet over this brutal, sexual,
violent act and horrendous deaththis young woman experienced.
Especially in light of how many of them have been victims of
abuse and violence, especially at the hands of the elite, what
(08:13):
are referred to as mezzohors in Ukraine, the wealthiest, most
powerful and influential businessmen and government
officials and their sons have long been the subject of endless
anger, criticism and controversyby politicians, civil activists
and journalists. These men are known for using
their status to do whatever theyplease because they know they
(08:35):
will get away with it. A genetic businessman, Vladimir
Calivico, during a drunk conversation with law
enforcement officers, told them.And I quote when I want to, I
snort cocaine when I want to, I shoot up when I want to, I drink
when I want to, I drive when I want to, I have sex when I want
to, I use my gun. One municipal council officer
(08:59):
and Usgro even began a shootout in a crowded cafe, shouting to
everyone that the cops couldn't do anything to him because he
has good friends with the Uzgrod's police chief's son.
Countless crimes and violent behavior have been covered up
because at the time of these events, there was no
accountability for those in power.
When Iksana Makara was raped andmurdered, the people would no
(09:22):
longer accept inaction and injustice.
Shouts amongst the angry residents shattered long
existing silence. Your daughter could be next.
They kill us on the roads and now they set us on fire.
These three beasts don't have the right to walk.
The earth that burned effigy wasfilmed in front of the district
prosecutors office. The moment was plastered across
(09:45):
every television station and newspaper.
The murder and burning of OksanaMakar has set off a media circus
unlike anything Ukraine had everexperienced.
The leader of the country at this time, President Viktor
Yanukovych, was shaken and upsetby the people's outrage.
He did his best to calm their anger by reassuring them that
(10:08):
these rapists and maniacs who committed this crime would face
justice. He immediately ordered a new
investigation team to head to make a life.
This led to the two previously released sons of former
government officials to be rearrested on March 13th.
All three suspects were charged with attempted murder and rape.
These charges would later be changed though to Yevgeny
(10:29):
Karzenachek being the only offender charged with murder.
Both President and Viktor Yanukovych and Prime Minister
Nikolai Azarov called for just punishment of the accused.
They told the people no compromises, only with the
knowledge that punishment is inevitable.
With these monsters, fear to encroach on people's lives and
(10:51):
rights. Aksana Makar struggled to
breathe. Every moment of her existence
had become complete agony. Upon the insistence of her
mother, Tatiana Subravyatskia, she filmed from her hospital bed
on YouTube her last moments. In this distressing video, she
expresses her rage toward her assailants, telling the camera
(11:14):
exactly how they deserve the harshest of punishments.
The young woman is visibly uncomfortable and upset and
tries to keep herself and her wounds covered, but her mother
tells her not to. When Oksana starts to discuss
what had happened to her, she suddenly stops breaking off and
saying that she just can't do it.
(11:35):
But her mother insists to say a couple of words to Ukraine.
Oksana Makar calls for her rapist to be shot, castrated,
they're balls fed to dogs. Or just send them to prison for
life and see what happens to them there.
When asked how she goes on, the young woman stared at the camera
and simply said how I will live.I will live, that's all.
(11:59):
This video received outrage for many viewers, seen as a second
violation of Iksana Magar, this time by her mother.
They didn't understand how or why the mother could force her
daughter to put herself on videoin the most severe, physical and
traumatic state. Most viewers felt nothing but
(12:22):
sympathy and compassion for young Oksana Makar, and hundreds
donated money to help her motherwith her medical care.
Her mother was later accused of spending these funds on herself
instead, and that she had reportedly been receiving money
for interviews. In response, all her mother had
(12:42):
to say was the press. Look at me, do I look like a
rich woman? Tragically, the young woman's
injuries were far too severe, and even though the doctors did
everything imaginable to keep her alive, her body could not
endure the damage. At only 18 years old, Oksana
Makar's heart stopped beating due to the bleeding in her
(13:04):
lungs. Doctors attempted to resuscitate
her three times without success.On March 29th, almost 20 days
after she was viciously assaulted and left to die in a
fire, Oksana Makar drew her lastbreath.
Her mother morbidly selected a wedding gown to bury her
(13:27):
daughter in. The reason she gave for this was
that thanks to the men who had killed her daughter Oksana, she
would never be able to become a bride.
In October 2012, the fate of allthree of Oxana Makar's offenders
would unfold. According to the prosecution,
the three perpetrators had thrown a lit pillowcase on top
(13:47):
of Oxana Makar's nude Unkar's body, and yet a piece of cloth
was not capable of remaining on fire, much less in freezing
temperatures for several hours. Yet, for some unknown reason, an
expert was never commissioned totestify as to how the victim had
received such horrendous burns. There was much speculation, but
(14:13):
no evidence as to how Oksana Makar was lying in a fire when
she was found. Although he initially confessed
to strangling Oksana Makar during his interrogation video,
Yevjini Krasnosek now claimed that he was not the one to choke
her, or at least not in the way everyone thought.
(14:36):
But according to Oksana's mother's lawyer, Yevgeny swore
that he strangled her to save her life.
To ensure that the other two mendidn't actually kill her,
Yevgeny Korasnochek stated that he purposely did not use harsh
force on Oksana's neck while choking her so that she would
(14:57):
just pass out, but that the other two guys would think she
was already dead once she passedout, he said he told them that
he had killed her, but then onceagain he changed his story and
on the stand testified that it was another one of the offenders
that strangled Aksana. Karaznochik claimed that he took
the blame out of fear for himself and his family.
(15:19):
When the judge inquired as to why he would now change his
testimony, Karaznochik claimed that a man came to his cell in
jail and offered him money in exchange if you would take full
responsibility for the murder and not the others.
He said it was then that he knewsomething was not right and that
(15:40):
he must tell the truth. The other two suspects both
denied their involvement in Iksana Makar's rape or murder.
They strongly stood by their testimony that they were too
frightened of Yevgeny Krasnochekto intervene.
Yevgeny Krasnochek, 23, who was the only one of the three
defendants to admit his participation in the rape, his
(16:03):
confession to her murder and involvement in setting her on
fire, faced the harshest punishment.
He was given life imprisonment for his role in the crimes.
The other two men, Maxim Pereznik, 24, Arnatom Pogracian,
22, the sons of the former government officials, would
(16:24):
receive 15 years and 14 years respectively.
Although there was some semblance of justice, Michael
Krtnich, A politician and leaderof the European Party of
Ukraine, was not satisfied. He declared to the press on
behalf of Oxana Makar's mother that they would not rest until
all three defendants were given the most severe penalty possible
(16:46):
under the law. Oxana Makar's mother was
initially received by the country and the media with
endless compassion and support, both emotionally and
financially. Millions of runya, which is the
official currency of Ukraine, was given to the mother.
However, once she filmed her suffering daughter dying and
(17:06):
there was evidence that she had been pocketing the charity,
their perceptions of Tatiana quickly changed.
Then the dark truth, but Oxana Makar's life and her mother's
began to surface. The following is based on the
personal account of Oxana Makar's mentor at her boarding
school. 2003. When Oksana Makar was only nine
(17:28):
years old, she attended a boarding school in Shalrokula,
Nifka, 50 kilometers away from Maka life.
Her mother was released from prison in 2004 and that summer
she picked up her daughter and took her on vacation with her.
That autumn, a 50 year old man came to the boarding school
wanting to take young Oksana away for the weekend.
(17:52):
He claimed to be her mother's good friend and left a present
for Oxana Makar. When he left, inside a box was
sexy lingerie. The girl immediately got flush
and said that's for my mom. But her mentor observed that the
size was an extra small. He immediately went to the
principal of the boarding schoolwith his concerns and Oxana
(18:15):
Makar ended up running away fromthe school at the start of 2005.
A month passed until he receiveda call from the police in
Hulukovo, about 600 kilometers away.
When he went to the precinct to pick up Oxana, she cried,
telling him she had ran away because of what her uncle Vulva
was doing to her. That summer, while selling
(18:35):
apples, the promenade and Michael Life, he had lured her
inside his home, sexually abusing her.
When Oxana's mother found out about what had happened, instead
of punishing this man, she used the situation to her advantage.
She blackmailed her brother and forced her 11 year old daughter
Oksana to move into her uncle's house and in return she received
(18:57):
regular payments. She was only 5 years old when
her uncle began to rape her. The mentor informed the
principal who contacted Oksana'smother and the police.
Oksana's mother completely lost it, calling them whores and
thieves, protesting that everything they said was lies.
She would end up bringing in a medical certificate which swore
(19:20):
that Oksana was still a virgin. Not long after this incident,
Oksana ran away again. Nothing was ever pursued against
the allegations made against hermother and uncle Vova.
The country was divided on who was to blame for the death of
Oksana Makar. Across the Internet and social
media, the victim became the subject of passionate debate.
(19:45):
Some blame the victim for the horrible circumstances that led
to her rape and death, and some were straight up on the side of
the rapist. Some people viewed Oksana Makar
as a whore, trash who had LED these young men on and who asked
(20:07):
for what she was given. Some angry, hateful bloggers.
Even went so far to condemn Oxana Makar posting vulgar
statements like and I quote I'm on their side.
They are heroes 19 years old andtrailing around bars.
The slut fact serve the bitch right?
(20:30):
Others actively rallied around the rapists and murderers, even
collecting money to help with their legal aid and raise funds
for their bail. This mission was led by a woman
and national TV channel 24 TV polled their viewers asking was
(20:52):
Makar herself in any way responsible for this tragic
event, to which 77% polled answered yes.
Others would claim that the two men, believed to be mussours,
were in fact regular citizens. But the concept of punishing
these kids of the most influential took over the truth
(21:14):
and they were unfairly persecuted.
Alina Kabashna from the Ukrainian Helsinki Group, a
human rights organization, believed it was the lawlessness
of the culture, the darkness andthe sickness of society that was
really to blame for the crime. It was noted how the primary
perpetrator, the defendant who had murdered Aksana Makar, had
(21:37):
suffered a horrible childhood ofviolent abuse.
The passiveness of the other twodefendants who did nothing to
stop this violence. Oxana O's own mother may have
been the most twisted of them all.
She prostituted her child when she was alive and in her death,
(21:59):
the political agendas and media hunger that exploited every
aspect of the case, but in particular Oxana Makar's death.
To read that some residents not only blamed Oksana Makar for
what happened to her, but that some even defended the rapists
and killers is shocking, disgusting and difficult to
(22:24):
hear. Which it is, but the truth is
that sexual violence committed against girls and women has
frequently brought up the concept of the whore versus
Madonna, which victims of rape and sexual assault still are
forced to cope with. Society, but in particular
(22:44):
patriarchal and misogynistic based societies still perceive
women in these unfair, archaic and unjustified divisions.
It was not that long ago that criminal courts in the United
States were allowed to include testimony and evidence relating
to the sexual history and activity of a rape victim,
(23:06):
including cases of murder. What became known in the
criminal law as rape shield statutes, their first of its
kind, was established in 1979 inMichigan.
These statutes limit the admissibility of evidence about
past sexual behavior other than the ACT that is at issue in the
charge. Prior to these laws, any
(23:29):
evidence or general reputation around a lack of chastity could
be used in court to attack the credibility of the victim at
trial. Such testimony no doubtedly led
to many jurors questioning the legitimacy of the assault
charges and in general allowed defense attorneys to paint the
victim in the least sympathetic light.
(23:51):
There are countless cases of rape, sexual assault,
trafficking, and even homicide where this once was allowed in
Criminal Court. One particularly infamous case
comes to mind is the 1986 preppykiller murder where 18 year old
woman Jennifer Levin was raped and brutally murdered by
handsome media ready Robert Chambers.
(24:13):
This young woman's name was dragged through the mud by the
defense counsel and the media. It wouldn't be until the mid
1990s when the majority of otherstates would enact legislation
based on Michigan's 1979 statute.
When the federal government established the Violence Against
(24:33):
Women Act of 1994. This helped to solidify rape
shield statutes around the country.
These statutes are relevant to Aksana Makar's story because not
only does Ukraine lack such protection for victims of sexual
violence, but shockingly, there are no official crime statistics
(24:54):
recorded for rape or domestic violence victims at all.
Any recorded data has been collected from the United
Nations and other countries thathave researched the issue.
A United Nations report in 2013 revealed that 45% of the
45,000,000 Ukrainians experienced violence, their
(25:15):
sexual, physical and or mental abuse.
The majority of it suffers beingwomen.
Again, there are no official records or statistics by the
Ukrainian government on sexual violence.
It was merely a well known but not discussed fact within their
culture. Studies conducted by the United
Nations and other Western countries indicate that violence
(25:37):
committed against women and girls is not restricted to a
certain area of the country and it occurs across all social
classes. Sexual exploitation of women and
girls is also rampant, with as high as 1/3 of young unemployed
Ukrainian women having been involved in some degree of
illegal sexual activity. It is believed that gender based
(25:59):
violence kills approximately 600Ukrainian women a year, which
considering there are no official statistics on this
crime, the numbers are likely tobe grossly underreported.
Violence against women has only escalated since Russia invaded
its country in 2014, with the office of the United Nations
(26:19):
High Commissioner for Human Rights reporting that women's
deaths caused by violence were three times higher than those
associated with the war. Ukraine, similar to much of
Eastern Europe, faces a crisis of sexual violence, including
rape, exploitation and trafficking of its girls and
young women. The charity Alliance for Public
(26:42):
Health reported there was an estimate of 86,000 sex workers
in 2019 and since Russia launched a full-fledged invasion
of their country, the issue has only escalated in Ukraine.
Many girls and women in Ukraine are expected to remain in
traditional gender roles and there are very few legitimate
(27:02):
opportunities which empower themto financially support
themselves, much less feed and clothe their children.
Unless they are married. Most of them have menial jobs
that barely support basic livingconditions.
The most common profile of a sexworker is a single young mother
who is uneducated and lacks any valuable skills in the
(27:23):
workforce. Left with few options, they have
to make money to be able to renta house and support their
children. These young women are faced with
performing sex work. Law enforcement widely ignores
them and society views them as the fallen women.
They are not protected legally, nor are they provided with
social support or healthcare. During the same year of the
(27:46):
horrific rape and murder of Oksana Makar, the Council of
Europe Commissioner for Human Rights, Thomas Hammerberg
published a report based upon his findings there during a
visit in late November 2011. He concluded that the severe
deficiencies within the functions of the justice system
(28:07):
led to a gross hindrance of the citizens human rights.
It was found that the judiciary was highly vulnerable to
corruption by outside influences.
There was also a great concern regarding the lack of rights for
the defense versus the prosecution, citing a large
imbalance of power. That commissioner also addressed
how there must be oversight of law enforcement's behavior
(28:28):
towards citizens and how they need to be held accountable for
their criminal actions, which have included rape, extortion
and severe beatings. Ukraine as a sovereign,
independent, democratic social legal state.
In 2012, the Criminal ProceduralCode of Ukraine was established.
It closely mirrors internationalstandards, but whether or not
(28:49):
the conditions set forth by the code have been implemented is an
entirely different matter. The criminal justice system of
Ukraine is structured similarly to the US and many Western
nations, with courts of general jurisdiction, which include
local courts, appellate courts. There are specialized courts
which are similar to the superior courts of the United
States, and then at the top is their equivalent of SCOTUS.
(29:13):
The Constitutional Court of Ukraine is the sole body of
constitutional jurisdiction in Ukraine whose purpose is to
guarantee the supremacy of the Constitution.
This Court resolves issues of conformity of laws and other
legal acts with the Constitutionof Ukraine and provides the
official interpretation of its constitution and the laws.
(29:34):
In other words, their word is the law.
The problem is that this body ofjustice is perhaps the most
corrupt level of government. The trust towards the courts by
the residence Ukraine is alarmingly low.
By late 2014, only 10% believed in them and only 1% fully
(29:55):
believed in the justice system defined by oligarchy.
The system was operated, definedand controlled by a very small
group of individuals in positions of power and
influence. Ever since Ukraine gained its
independence from the Soviet Union in 1991, it is continued
to face new versions of the sametype of government.
(30:19):
They ignore the whole of societyand work in the best interest of
those in power. Oksana Mccarter's brutal death
was a catalyst for change, or atleast hopeful change, which has
been actively sought since by the people of Ukraine, what was
known as the Revolution of Dignity.
In 2013 to 2014, there was a bigdemand for judicial reform, yet
(30:43):
the changes have been minimal. The system remains undeveloped,
doesn't focus on the rights of its citizens, and the judges
continue to lack integrity, efficiency, transparency and
balance. It was observed that their
current system of legal counsel is terribly constructed.
It doesn't function to provide any semblance of respect,
(31:06):
professionalism, or power to their position.
Lawyers are essentially looked down upon.
The largest issue within the justice system is that very few
judgments are actually carried through.
According to the Ministry of Justice, roughly 80% of
sentences given are never executed.
(31:26):
Prosecutors also failed to alignwith European standards.
Criminal investigators lack autonomy, and the system as a
whole suffers from poor IT infrastructure.
The justice system also suffers from not having an
individualized approach based onevidence to prevent crime,
rehabilitate or re socialize individuals who do violate the
(31:46):
law, and very few offenders who are not incarcerated.
The justice system also suffers from not having an
individualized approach based onevidence to prevent crime,
rehabilitate or socialize individuals who violate the law,
and very few offenders are givenpenalties outside of
incarceration. In these respects, Ukraine
(32:07):
doesn't seem to differ much fromthe current crime control model
implemented by the United States.
Most likely likely spurred by the outreach expressed by the
residents of Ukraine after Oksana Makar's murder, there
were substantial steps made toward judicial reform between
2012 and 2014. However, the powers given by
(32:27):
these reforms exceeded the functions of the constitutional
law. Due to this conflict, there have
been major setbacks and obstacles to the Code of
Criminal Procedure being successfully implemented.
A strategy for reforming the justice system was established
to update legislation which would help restore society's
diminished confidence in the judiciary.
(32:49):
In 2016, Parliament adopted several amendments regarding the
criminal justice system, including the judiciary.
One of the most significant amendments was to the
Constitutional Court who now hadthe sole power to dismiss its
judges. The other significant amendment
was the establishment of anti corruption protections and how
(33:09):
the prosecution no longer held oversight over law enforcement.
The courts were also restructured under these
amendments and the Supreme Anti Corruption Court and the High
Court of Intellectual Property was established.
Interestingly, the Supreme Anti Corruption Court is made-up not
just of tenured members of the judiciary but also lawyers and
(33:30):
legal academics who have 10 or more years of experience.
Primary goal of these reforms, however, has yet to be reached,
which is reflected in the terrible approval ratings by the
residents of Ukraine. They have yet to gain the rights
to a fair trial by an independent, professional and
impartial court. On October 27th, 2020, the
(33:53):
Constitutional Court ruled that the National Agency for
Preventing Corruption, also known as NAPC, was in fact
unconstitutional. The Constitutional Court
effectively tore the agency apart, in particular dismantling
its asset declaration system andthe subsequent penalties
associated with this violation. This system was critical to help
(34:17):
minimize corruption amongst bothappointed and elected government
officials. The asset declaration system was
one of the requirements set by the International Monetary Fund
in order to continue providing loans to Ukraine.
As to why the Constitutional Court eliminated this pertinent
system, it is believed that theyare the most adversely impacted
(34:40):
by it. Members of the Constitutional
Court are the highest power in government.
Any decision they make cannot bereversed or appealed.
There is no agency which overseas their decisions, much
less enforces their impartiality.
These judges are some of the wealthiest, most influential
(35:02):
individuals in the country, making on average 20 times the
national average. But many past declarations have
not been reflective of this salary and there is evidence of
their covering up their assets. President Zelensky drafted a law
to get rid of the court's current judges and and all this
(35:24):
ruling, but this law would violate the Constitution.
Ever since Russia launched its full invasion of Ukraine,
Zelensky has made continued efforts at real judicial reform,
but yet he in the ConstitutionalCourt stand at a stalemate.
Women in Ukraine have equal constitutional rights as men,
(35:46):
but they are not represented or treated equally to men in
society, especially within the realm of politics.
Positions of power and influenceare highly restricted to women,
with parliament currently comprised of 22%.
Very few women are economically independent, much less own their
(36:08):
own homes or businesses. I am sure, as in most countries,
there are exceptions to the ruledepending on the region and the
personal circumstances of the woman's life.
This is not a reflection of all males in Ukrainian society, but
women must be represented in more political and legal affairs
in order for their voices to be listened to and for their bodies
(36:30):
and lives to be protected. On a personal note, I've had a
few interactions with residents of Ukraine and they have been
nothing but lovely. They are kind, respectful, warm
and hard working people. My original score for this
podcast was Co created by myselfand a young Ukrainian male
(36:53):
artist and it was a wonderful, fulfilling experience.
I wanted to share Oksana Makar'sstory because violence against
girls and women is an International Crisis that only
seems to be escalating every year.
It is not just one country's problem, nor is it only one
(37:15):
group's issue to solve. It affects every race,
ethnicity, religion and social class.
Only as a united global community can we ever hope to
eradicate this virus of violencethat continues to invade the
lives of females around the world.
(37:39):
Thank you so much for listening to the tragic story of Ukraine's
Oksana Makar. If you have any questions,
comments, or thoughts about thisepisode or ideas for future
ones, please reach out. I would love to hear from you.
You can find my contact information in the episode
(38:01):
description below. Until next time, stay safe and
watch out for she did murder happening in the streets next
door, especially inside your ownhome.
Shades of Murder is created, researched, written and edited
(38:23):
by Alito Caldwell. Original music stranger composed
by Stereo Code.
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