INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
APPLICATION OF THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION
OF THE FINANCING OF TERRORISM AND OF THE INTERNATIONAL CONVENTION
ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
(UKRAINE V. RUSSIAN FEDERATION)
VOLUME IX OF THE ANNEXES
TO THE MEMORIAL
SUBMITTED BY UKRAINE
12 JUNE 2018
TABLE OF CONTENTS
Annex 299
OHCHR, Report on the Human Rights Situation in Ukraine, 19 September
2014
Annex 300
OHCHR, Human Rights Council Takes Up People of African Descent, Racism
and Racial Discrimination, and Situation in Ukraine (23 September 2014)
Annex 301
Statement by Mr. Ivan Šimonović, Assistant Secretary-General for Human
Rights, at the Interactive Dialogue on the Situation of Human Rights in
Ukraine at the 27th Session of the Human Rights Council (24 September
2014).
Annex 302
Statement to the Security Council by Ivan Šimonović, Assistant Secretary-
General for Human Rights, meeting on Ukraine (24 October 2014)
Annex 303
OHCHR, Report on the Human Rights Situation in Ukraine (15 December
2014)
Annex 304
OHCHR, Report on the Human Rights Situation in Ukraine (15 December
2014)
Annex 305
U.N. Security Council, Security Council Press Statement on Killing of Bus
Passengers in Donetsk Region, Ukraine (13 January 2015)
Annex 306
U.N. Secretary-General, Statement Attributable to the Spokesman for the
Secretary-General on Ukraine (24 January 2015)
Annex 307
U.N. Security Council Official Record, 7368th mtg. U.N. Doc. S/PV.7368 (26
January 2015)
Annex 308
U.N. Security Council, Official Record, 7368th mtg., U.N. Doc. S/PV.7368 (26
January 2015)
Annex 309
OHCHR, Report on the Human Rights Situation in Ukraine (1 December
2014 to 15 February 2015)
Annex 310
OHCHR, Report on the Human Rights Situation in Ukraine (16 February–15
May 2015)
Annex 311
UN News Centre, Security Council Fails to Adopt Proposal to Create Tribunal
on Crash of Malaysian Airlines Flight MH17 (29 July 2015)
Annex 312
OHCHR, Report on the Human Rights Situation in Ukraine: 16 August to 15
November 2015
Annex 313
OHCHR, Accountability for Killing in Ukraine from January 2014 to May
2016 (2016)
Annex 314
OHCHR, Report on the Human Rights Situation in Ukraine: 16 November
2015 to 15 February 2016
Annex 299
OHCHR, Report on the Human Rights Situation in Ukraine, 19 September 2014
Summary
Paragraphs Page
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“no validity”
“people’s republic”
proclaimed “people’s republics”
“terrorist operation”
“people’s
”—
—
allegedly “”
y personnel on “” —
—
——
“ ”
“’
”
region, invoking “irrefutable evidence of their participation in
terrorist activities”. The procedural rights of th
proclaimed “people’s
republics” have unlawfully prevented broadcasting of Ukrainian channels
Guiding Principles on Internal Displacement
known for their “Ukrainian” position fac
following the “”
Senstov’s lawyer was not
[English only]
Office of the United Nations
High Commissioner for Human Rights
Report on the human rights situation in
Ukraine
15 April 2014
TABLE OF CONTENTS
Page
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I. EXECUTIVE SUMMARY
Šimonovi
’
NGO “Oplot” that
Parliament’s decision to repeal the law, on 2 March 2014.
e made to “EuroMaidan”. However, over time the movement included a number of other elements,
/262 concluded that the referendum “had no validity”. In addition
aborate a new vision for Ukraine’s
II. INTRODUCTION
A. Context
’s announcement
’s
ch’s
“withdrawn from performing constitutional authorities”
which would “settle the crisis”. On 22 February 2014, 328 of 447
“”
“
the subject of the Russian Federation?”“
ublic of Crimea and the status of the Crimea as part of Ukraine?”
Ukraine’s new
Government in Kyiv came to power illegitimately through a coup d’état. On 11 March, they
resolution’s operative paragraph 4 welcome
Šimonovi
Šimonovi
Šimonovi
Šimonovi arrived in Kyiv on 6 March and
Šimonovi, with a view to
Šimonovi
Šimonovi
Šimonovi undertook a second mission to visit Crimea from 21 to 22 March
Šimonovi to
General’s Rights Up Front Plan of Action,
resolution on the ”Territorial Integrity of Ukraine”, underscores
within the context of Ukraine’s ratified universal and regional human rights
–
5% of the country’s GDP, which falls well
reliance on suspects’ confessions
’s office
legal proceedings (“new provisions, old instructions”) also constitute a challenge.
trial detention. In addition, the public prosecutor’s multiplicity of roles is also a cause of
Prosecutor’s office which
“temporary structures such as tents, kiosks and barriers” from 22 November to 7 January.
remove barricades from the roads surrounding the Maidan was in response to citizens’
290 riot police officers (known as ‘Berkut’) dispersed
twelve persons detained on charges of “organizing mass disorder”. A third instance of
demonstrations. Demonstrators, many of whom were linked to the far right wing “Right
sector” group, attacked governmental buildings, throwing stones, firecrackers and Molotov
17 officers of the internal affairs/police, 2 members of NGO “Oplot” that attacked Maidan in
‘’
Ukraine’s population, ethnic Russians constitute around 17
––
Council of Europe’s
–
–
he Parliament’s decision
solidarity with Ukraine’s Russian
ch ended with the latter’s dismissal in the
exert pressure on the media to air or voice ‘patriotic’ discourse. For example, on 18 March
(“
tate official”)
Company, while leading news on the TV Channel “Rossiya” has portrayed Ukraine as a
“country overrun by violent fascists”, disguising information about Kyiv events, claimed that
Crimea's “return” to the Russian Federation.
–
––
been seized demonstrating Chumachenko’s intention to take over the regional administration
lding and proclaim himself the ‘people’s governor’. In addition to being charged for
to “shoot at the heads of Russian citizens who are in Crimea… using snipers”
“Ukrainians have always supported the liberation struggl
peoples. Now it’s the time for you to support Ukraine… As the Right Sector leader, I urge you
to step up the fight. Russia is not as strong as it seems”. The Right Sector later denied that its
stated that “nonUkrainians” should be treated according to
attackers accused him of being ‘apolitical and indifferent to the country’s political life’.
about concerns with regard to the “Right Sector”, a right
evidence of attacks by the “Right Sector”, including any phy
“Right Sector” is disproportionate
emphasized that a “special act”
lustration was “too generic” and that specific language would be used to address vetting needs
Šimonovi
onitoring Mission’s sub
Šimonovi
inter alia
–
–
–
uniformed men. Mr. Ametov’s
During the ASG’s visit to Crimea
operate in accordance with the law and that the public is aware of the units’ chain of
and to elaborate a new vision for Ukraine’s future. Strengthening the rule of law,
General’
all ‘selfdefence forces’ and/or para
to ensure that this new body is independent from the Prosecutor’s
the provisions of the Constitution of Ukraine on decentralization of State power”. On
April, the draft law “On prevention of harassment and punishment of persons in
buildings in cities and towns of the eastern regions and proclaim “self
regions”. Leaders and members of these armed groups commit an increasing number
In the aftermath of the 16 March unlawful “referendum”
Tatars, and other residents who did not support the “referendum”. The reported cases
“Territorial integrity of Ukraine”. In addition
groups in the eastern regions of Donetsk and Luhansk. Referenda on the “recognition”
called “Donetsk People’s Republic and “Luhansk People’s Republic” w
OP 5: “Underscores
city of Sevastopol”.
“Ukraine”,
Amnesty for those responsible for ordering the violent crackdown on Maidan protesters on 29
- 30 November 2013 to be reviewed
the violent crackdown and dispersal of demonstrators by the riot police “Berkut”
Criminal proceedings into the killings of 19-21 January and 18-20 February 2014
–
called “titushky”, also referred to as an “AntiMaidan” group. This
–
Request to the International Criminal Court to investigate the Maidan violence
Missing persons
Constitutional reform
l, the Cabinet of Ministers issued an Order “On the organization of the
decentralization of State power”. By 1 October 2014, senior government officials, the regional
“On cooperation of the territorial communities” that
“On a national survey”, to be conducted on 25 May, the same day as the Presidential elections,
Criminal Code amendments toughen sanctions for violations of territorial integrity
Law on Lustration
On 8 April, the Parliament passed the Law “On the restoration of the credibility of the
judiciary in Ukraine” (the Law on lustration of judges) with 23
of the Government. He stated that, “in framework
actions which were not considered punishable before the Law’s adoption; the adopted court
Also, the text of the Law uses the term “political prisoner”, which is not defined in current
Amnesties
The annual legislation “On Amnesty in 2014” entered into force on 19 April.
–
From 9 to 23 April, five drafts laws on ‘amnesty’ for the activists who have
that cases of “separatism”, as violations against the territorial integrity of Ukraine (article
Law on Occupation
“On guaranteeing citizens’ rights and freedoms and legal regime in the
cupied territory of Ukraine” was adopted on 15 April. Its provisions and
implications are analysed in section VI on “Particular Human Rights Challenges in Crimea”.
Council “on the issues of human rights and reformation” was established in the Ministry of
–
–
A number of peaceful assemblies supporting “federalism” have been observed by the
, mainly those in support of Ukraine’s unity and against the lawlessness
Ukraine’s unity in Severodonetsk in Luhansk Region. Six of the pro
Russian activists attacked a peaceful rally in support of Ukraine’s
company “Donbass”. Having been joined by a group from the movement “Oplot”, th
On 28 April, participants of a peaceful rally in support of Ukraine’s unity in Donetsk
proclaimed “Donetsk People’s
Republic”, who were armed with metal sticks, noise grenades, baseball bats and pistols, while
ad hoc
particularly in the Donetsk region see section V on “Particular Human Rights Challenges in
the east”:
the TV station “Center” in Horlivka (Donetsk region) reportedly terminated
local newspaper “Province” in the town of Konsta
with the words “Enough lying!” and “Here you c
Sector”.
that their activities were “harming the security and territorial integrity of the country”.
investigation under article 171 (prevention to the legal journalists’ activity).
Turchynov, issued a Presidential decree 28 April “On
informational safety of Ukraine”.
Odesa violence
by the Mayor’s office. On 5 May, it contained 45 names, but the figur
Human rights in the electoral process
vented from leaving the location by “Right
Sector” activists. Scuffles broke out between the latter and supporters of Mr. Tsariov. The
On 11 April in Rivne, there were reports of “Right Sector” activists who picketed, burned
Yanukovych, the results of the mayors’ elections in these towns were illegitimate, but the early elections were
The NGO “Opora” has highlighted that the
with the slogan “Death to occupants”. Th
republics (e.g. Donetsk People’s Republic) the decision had been made to block the access
Women’s participation
d that elections were not possible at a time of “civil war” in the country.
The access to the State Voter’s Registry in 7 towns of Donetsk region w
Political parties
such as “Udar”, “Svoboda” and “Batkivshchyna” in Slovyansk.
the activities of the political party “Russian Unity”.
evidence that the leader of the party, Sergey Aksionov (current “governor” in the Autonomous
territorial integrity and independence of the country. The court hearing on the “Russian Block”
–
significant pressure, examples of which are provided in section VI on “Particular Human
Rights Challenges in Crimea”.
The importance of using one’s mother tongue freely in private and public without
Yatseniuk emphasised that the law “On the Basics of State Language Policy” so called
“KolisnechenkoKivalov law”, remained in force. However, this
with the stamp of the “Donetsk People’s
Republic” were circulated near the local synagogue. The self
“Donetsk People’s Republic” denied their involvement in the incident; its se
ctities (article 179), and violation of citizens’ equality based on their race,
d, they will be deprived of citizenship and deported from the Donetsk People’s Republic with the
–“Svoboda” –
–
–
called “selfdefence” units. These armed groups
proclaimed their “sovereignty”, for example on 7 April, there
called “Donetsk People’s Republic”; on 27 April a similar
called “Luhansk
People’s Republic”.
serious concerns regarding residents’ access to legal remedies, due process and overall
the northern part of the Donetsk region. There has been a noted shift of apparent ‘control’
from the ‘political base’ of the “Donetsk People’s Republic” in Donetsk, to the “armed
operations base” of the “Slovyansk selfdefence unit” in Slovyansk.
Security and law enforcement operation
The Government first announced a “counterterrorist” operation in eastern Ukraine,
Turchynov ordered the resumption of the “counterterrorist” ope
the town of Slovyansk, which serves as the “armed operations base” of the so
“Slovyansk selfdefence unit”. According to the law enforce
reported that three checkpoints had been taken and that “five terrorists were destroyed” by
Unlawful detentions
illegal “Slovyansk selfdefence unit” appears to be responsible for controlling these illegal
kraine apparently still detained by the “Slovyansk selfdefence unit”.
Detentions and cases of alleged enforced disappearances
military units (allegedly “Alfa”) searched him at a checkpoint, which had been operated by
An activist of the “Donetsk People’s Republic” was detained on 3 April by the Security
proclaimed “People’s Governor” of Donetsk region, was arrested
“Slovyansk selfdefence unit” has been unlawfully detaining
“Sldefence unit”, had been subjected to ill
on 6 May; 2) staff member of the “Hidden Truth TV, went missing on 20 April. Both were
based media outlet “ZIK” was unlawfully detained
based “Volyn Post” newspaper, went missing on 26 April in Slovyansk. T
Donetsk region: the production team of SkyNews and CBS as well a “Buzzfeed” news website
“separatism”. 17 of these are under investigation by the Regional Prosecutors of Donetsk,
the infringement of Ukraine’s territorial integrity and inviolability (article 110 of the Criminal
“separatism” (linked to either article 109 or 110 of the Criminal
Women’s NGO in both Kyiv and Donetsk. Their sense is that there is very little participation
One gap raised in particular in Donetsk, is the inclusion of Women’s NGOs in the
–
entitled “Territorial integrity of Ukraine”, the HRMMU monitors the human rights situation in
“On guaranteeing ci
territory of Ukraine” entered into force (hereafter “Law on Occupied Territory”). According to
e Ombudsman reported that since the unlawful “referendum” in the Autonomous
The Law “On the rights and freedoms of citizens and the legal regime on the
temporarily occupied territory of Ukraine” refers to these people as the “citizens of Ukraine
d from the temporarily occupied territories”. The Law also addresses other
Right to citizenship
Article 5 of the adopted Law “On Occupied Territory” states that the forced automatic
Freedom of movement
The “Law on Occupied Territory” has only minor restrictions to the freedom of
On 22 April, 12 more names were added to the list of “Persons Engaged in Anti
Crimea”, originally adopted by the “State Council of Crimea” on 27 March. It reportedly now
“On temporary
closure of crossing points across the border and checkpoints”,
Crimea and continental Ukraine have been cancelled following the unlawful “referendum”) or
Freedom of expression and access to information
Examples of such moves are Internet portal “Blackseanews”, TV channel “Chornomorka” and
Internet portal “Events of Crimea”.
any “Krym” about Mustafa Jemilev and Refat Chubarov, member
the peninsula. These included the six stations belonging to the group “TavrMedia” (Russian
Freedom of association
Freedom of religion
Crimea after the 16 March unlawful “referendum”. Besides earlier reported attacks
he deputy head of the Jewish community “HesedShahar”, Borys
“USSR” and Soviet s
The HRMMU has received reports from the “Stand
relations” in Crimea that on 9 April the memorial of Akim Dzhemilev, a famous Crimean
“Chair of the State Council” of the Autonomous R
of the ‘selfunits’–
‘selfunit’
“Crimean selfdefence”. This is seen as the main source of the reported lawlessness, wit
“Notification of nonpermission to enter the Russian Federation until 2019”. Although initially
firmed by Olha Kovitidi, “Senator” from Crimea in the Council of
under the strict control of the “Office of the Prosecutor” of Crimea.
people was urgently summoned to the “Office of the Prosecutor” of Crimea, Natalia
Poklonskaya. Mr. Chubarov was given notice regarding a “Notification of the unacceptability
of leading extremist activity” dated 3 May. The document reads that the actions of the
–
–
j) The Law “On the restoration of the credibility of the judiciary in Ukraine”
–
n) Reaffirming UN General Assembly resolution 68/262, entitled “Territorial i
Ukraine”, measures must be taken to protect the rights of persons affected by the changing
– –
support the “referendum” must come to an end, and all their human rights must be
ANNEX
Rationale for OHCHR’s engagement
OHCHR’s engagement in Ukraine has been through its Human Rights Adviser within the
General’s Rights Up Front Plan of Action. The Plan of
human rights context, including through the deployment of human rights expertise. OHCHR’s
–
–
–
General’s unforeseen and extraordinary
Office of the United Nations High Commissioner
for Human Rights
Report on the human rights situation in Ukraine
15 June 2014
TABLE OF CONTENTS
I. EXECUTIVE SUMMARY
II. METHODOLOGY
III. ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS
.
IV. HUMAN RIGHTS CHALLENGES
V. PARTICULAR HUMAN RIGHTS CHALLENGES IN THE EAST
VI. PARTICULAR HUMAN RIGHTS CHALLENGES IN CRIMEA
VII. CONCLUSIONS AND RECOMMENDATIONS
EXECUTIVE SUMMARY
–
regions has continued to deteriorate. The 11 March “referendum” on “selfrule” held by
proclaimed “Donetsk People’s Republic” and “Luhansk People’s Republic”,
first step to the creation of a “Novorossia”. In addition, armed groups have continued to
“independence”, however, the provision of administrative services to the local
increased. Representatives of the “Donetsk People’s Republic” have recognised the
“Donetsk People’s Republic”“People’s Republic”
credible reports regarding Ukrainian forces’ use of mortars and other weapons in and around populated areas, and
As of 6 June, the departments of social protection in Ukraine’s regions had identified
Residents in Crimea known for their “ProUkrainian” position are intimidated. The
Šimonovi travelled to Ukraine. During his visits to Kyiv, Donetsk and Odesa, he
of the “Donetsk People’s Republic” and the “Luhansk People’s Republic” and armed
ing and/or abducting them, often taking away voters’ lists, computers
border by car to go to vote, representatives of “selfdefence forces” reportedly recorded
On 13 May, the Parliament adopted the Law “On amending some legislative acts in the
European Union (EU) Action Plan on the liberalisation of the visa regime for Ukraine”.
Parliament adopted by resolution 4904 the Memorandum of Concord and
I. METHODOLOGY
ed Nations Children’s Fund (UNICEF), the United
ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS
A. Investigations into human rights violations related to Maidan protests
MoI; (2) a temporary “commission on the investigation of illegal actions of the law
enforcement bodies and individual officials and attacks on the rights and freedoms, lives
and health of citizens during the events connected with the mass actions of political and
civil protests that have been taking place in Ukraine since 21 November 2013”
The Ukrainian Ombudsperson issued a special report on “Infringement of Human Rights
–February 2014’.
Forceful dispersal of Maidan protesters on 30 November 2013
Ukrainian Parliament Commissioner for Human Rights, Special Report on ‘Infringement of Human Rights and
–February 2014’, issued
persons responsible for ordering the crackdown of demonstrators by the “Berkut” riot
an incident. About 15 members of the “Maidan selfdefence” attacked Oleksandr Popov
Criminal proceedings into the killings of 19-21 January and 18-20 February 2014
had died during the protests. Information from the NGO “Euromaidan SOS”, dated 3
NGO “Euromaidan SOS”.
“Berkut” officers had been arrested and officially charged with Art
that all documentation related to the activities of the special police unit “Berkut” during
plans to register an NGO entitled “Family Maidan” also intends to support families of
evidence to the General Prosecutor’s Office. It has a one
2014. It also decided to request ‘certain authorities’ to submit informa
Torture and ill-treatment
B. Investigations into human rights violations related to 2 May Odesa violence
Summary of events
“Metallist” and the Odesa football team “Chernomorets”. On 1 May, the police
fans from both teams are known to have strong “ProUnity”55
rally for “United Ukraine” had be
defence units, and other “ProUnity”
supporters. Right Sector and “selfence” unit supporters were observed by the
“ProFederalism” activists, comprising approximately 300 activists from “Odesskaya
Druzhina” (radical “ProFederalism” movement), had also gathered one
They reportedly intended to prevent the “ProUnity” rally; and were wearing helmets,
ensure security, and crowd control of the “United Ukraine” march towards the football
At 3.15 p.m., the “Proaya Drujina”, “Narodnaya Drujina” and other
“United Ukraine” rally. Clashes arose and quickly turned into mass disorder, which
The HRMMU observed that following the clashes in the city centre, some “Pro
Federalism” activists ran from the area chased by “ProUnity” supporters.
Approximately 60 “ProFederalism” activists took refuge in the “Afina” shopping
centre, which had been closed during the day. The “Afina” shopping centre was then
surrounded by “ProUnity” activists. Riot police (Special Forces “SOKOL”) arrived on
the scene, and reportedly took away 47 “ProFederalism” activists, while letting women
out of the complex. Other “ProFederalism” supporters ran from the clashes to the tent
(including all the “ProFederalism” leaders) during the afternoon.
Some “ProUnity” politicians called upon their supporters to march towards the
Kulikovo Pole square. At 7.00 p.m., the “ProUnity” supporters marched in that
The terms “ProUnity” and “ProFederalism” a
The “ProFederalism” leaders were informed that “ProUnity” supporters were heading
–
At 7.30 p.m., when the “ProUnity” supporters reached Kulikovo Pole square, they
burned all the “ProFederalism” tents. The “ProFederalism” activists, who had hidden
in the Trade Union Building, and the “ProUnity” activists, then reportedly star
from both sides. At around 8.00 p.m., the “ProUnity” activists entered the Trade Union
Building where the “ProFederalism” supporters had sought refuge.
ces that some “ProUnity”
protesters were beating up “ProFederalism” supporters as they were trying to escape the
Detentions
The 47 “ProFederalism” activists who took refuge in the “Afina” shopping centre were
called protection reasons) by Police Special Forces “SOKOL” and
On 6 May, video court hearings of the “ProFederalism” activists were organised with
of the “ProFederalism” movement. Under unclear circumstances all of the 67 detainees
were “released” by the police.
May, one of the leaders of the “ProFederalism” movement was arrested and charged
centre. On 18 May, a “ProUnity” activist was arrested, accused of firing at, and injuring
several people in the city centre on 2 May, including police officers, “ProFederalism”
Two cases concerning “ProUnity” activists suspected of shooting and killing persons
Due process rights during, and after, the 2 May violence
regard to the 2 May violence. It also held numerous meetings with the Ombudsperson’s
Timely notification of reasons for arrest and charges within short period of time
–
According to Article 208/4 of the Criminal Procedure Code ‘a competent official who
commission of what crime he is suspected’. Furthermore, the procedure applied for the
Right to a fair trial
SBU officers summoned individuals as “witness” and
as “suspect” and/or substituted their interrogation by interviewing. This resulted in
violating the persons’ right to see and consult a legal counsel (as provided for in Article
d gave an opportunity to “delay” the official
station were transferred to the SBU for an alleged “interview”. They were not informed
As of 4 June, the legal status of the 67 “detainees” released on 4 May from Odesa city
Right to medical care
69.
Personal data
arbitrary interference with one’s privacy or attacks upon his/her honour and reputation.
Legality of arrest
Accountability: Update on investigations into the Odesa incidents
auspices of the Governor. During his visit in May, ASG Šimonovi met with
miscommunication between the various law enforcement agencies’ commissions, which
Governmental Commission on the issues of numerous deaths of people during
“Pro-Ukrainian” protests and fire in the Trade Union Building in Odesa City
during “ProUkrainian” protest
Criminal investigation by the Ministry of Interior Investigation Unit
General Prosecution Investigation Unit regarding police duty performance
MoI did not enforce the special police tactical plan called “Wave” (“Khvylia”), which
officials from the Regional MoI and Regional Prosecutor’s Office were holding a
arrest in relation with the 2 May violence and the “release” of the 67 detainees held in
Criminal investigation under the State Security Service of Ukraine (SBU)
was placed under house arrest. Later that day another female “Proderalism”
“paramilitary training” in Moscow before joining the armed groups in eastern Ukrai
Parliamentary Interim Commission of inquiry into the investigation of the death of
citizens in the cities of Odesa, Mariupol and other cities of the Donetsk and Luhansk
regions of Ukraine.
tablishing an” Interim Inquiry
Odesa, Mariupol and other cities of the Donetsk and Luhansk regions of Ukraine”,
from Odesa, including the regional SBU divisions, MoI, Prosecutor’s Office,
Investigation by the Ombudsperson’s Office
The Ombudsperson’s Office initiated
Commission investigating the 2 May violence
Specialised Headquarters providing assistance in the aftermath of 2 May
and reparations for victims and their families. This process is critical to restore people’s
C. Investigation into other human rights violations
violations that occurred in March in 2014 in Kharkiv, including into the “Rymarska
case”, a clash between pro Ukrainian organizations “Oplot” and
“Patriots of Ukraine” on 13 March. On 7 May, it was confirmed that the case had been
the HRMMU that the investigation into “Rymarska case” was ongoing
III. HUMAN RIGHTS CHALLENGES
A. Rule of law
“Memorandum on Concord and Peace” resulting from national roundtable discussions;
Constitutional reform
uthorities’ role, and decentralisation of state power.
On 20 May, through resolution 4904, Parliament adopted the “Memorandum of Concord
and Peace”, which was drafted during the second roundtable discussion in Kharkiv.
International Criminal Court
Crimea
On 5 June, Parliament adopted, on first reading, amendments to the Law of Ukraine “On
Securing Citizens’ Rights and Freedoms and the Legal Regime on the Temporary
cupied Territory of Ukraine”. These amendments aim at making the registration
Draft resolution “On the recognition by Ukraine of the jurisdiction of the International Criminal Court
perpetrators to justice”.
Amnesty
raft law “On the prevention of harassment and punishment of
“particularly serious crimes”. Four other socalled “amnesty laws” were registered in
did not have “blood on their hands”.
Discrimination
On 13 May, Parliament adopted amendments to the Law “On pr
discrimination”. The amendments bring the definitions of direct and indirect
discrimination in line with Ukraine’s obligations under the ICCPR and other
grounds listed in Article 2(1) of the Covenant (except “birth”). It should be noted,
Anti-corruption
Action Plan on the liberalisation of the visa regime for Ukraine”. The Law provides for
kraine to “make politicians, members of parliament and
enforcement of the law”.
Torture and ill-treatment
Lustration
ticle 3 of the Law "On the restoration of trust in the judiciary in Ukraine”,
Ethnic and national policy
establish a ‘Council of interethnic consensus’ and to create the position of a Government
Language
On 4 June, a draft law was submitted to Parliament “On the official status of the Russian
language in Ukraine”. The draft law proposes to give “official status” to the Russian
Media
Refugees
Martial law
d decree 936/2014
“About considering the question of the introduction of martial law in certain areas of
Ukraine”. The decree requests the Secretary of the Council of the National Security and
Defence of Ukraine to “immediately cooperate with the Ministry of Defence of Ukraine,
the Ministry of Interior of Ukraine, the Security Service of Ukraine, the Administration
of the State Border Service of Ukraine to consider the question about the need to impose
martial law in the Donetsk and Luhansk Regions, where the security operation is taking
place, to prevent further development and ensure the ending of the armed conflict on the
territory of Ukraine, to prevent mass deaths of civilians, military personnel and
members of law enforcement agencies, to stabilizethe situation and restore normal life
in these regions”.
Law enforcement sector reform
service and the prosecutor’s office. Experts from the European Commission and Pola
B. Freedom of peaceful assembly
C. Freedom of expression
alists of “Russia Today”,
On 23 May, the holding “Multimedia invest group”, based in Kyiv, reported that the
“Vesti”, TV Channel UBR and Radio Vesti) which are critical of the Government.
D. Minority rights
National andEthnic minorities
Linguistic rights
The guarantees of using one’s mother tongue freely in private and public life without
discrimination remain high on the public agenda. The Law “On the Basics of State
Language Policy” currently in force (provides for the introduction of a “regional
guage” based on ethnic composition). However, the Government has recognised that
proposes to provide Russian language with “official status” through extensive usage in
Sexual minorities
E. Political rights
Human rights in the electoral process
Political parties/ Freedom of association
decision of the “people’s council”, including Batkivchyna, Udar, Svoboda and Oleg
Lyashko’s Radical Party, as well as Right Sector. It also inferred “extended powers” on
laimed “people’s governor”.
because of the “separatist” statements by its head, Petro Symonenko. The hearing was
Prosecutor’s Office and the SBU to investigate possible crimes by the leade
F. Internally displaced persons
the “referendum” held in both regions on 11 May. People have been trying to leave the
increasingly of “ordinary” residents, known for their “ProUkrainian” stance. Local
friend’s house for nine days without food, as her own apartment was under surveillance.
on in the region. After the “referendum” and with the
There are considerable gaps in the State’s ability to protect IDPs. The central authorities
matters remain unresolved, hindering IDPs’ ability to resume a normal life: many cannot
IV. PARTICULAR HUMAN RIGHTS CHALLENGES IN THE EAST
A. Impact of the security situation on human rights
Deterioration of the security situation
63
border with the Russian Federation. Moreover, on the “official” “Donetsk People’s
Republic” media outlet “Anna Info News”, the Slovyansk commander “Strelkov” Igor
Girkin referred to “criminal groups” operating in the regions and that the “Donetsk
People’s Republic” was lacking volunteers.
“Donetsk People’s Republic” has reported the presence among them of citizens of the
through a video released with Igor Girkin “Strelkov”, urging women of the Donetsk
“Referendum” on “self-rule” held in the Donetsk and Luhansk regions on 11 May
On 11 May, a “referendum” on “selfrule” that was neither in accordance with the
and Luhansk regions. The following question was asked: “Do you support the act of self
rule of the People’s Republic of Donetsk / People’s Republic of Luhansk?” The
Government of Ukraine deemed the “referendum” illegal.
for the vote. Media outlets and journalists observing the “referendum” reported a number of
In the aftermath of the “referendum” of 11 May, the level of violence by armed groups
intensified. At the same time, a new “government” was formed, and
Russian citizen, nominated as “prime minister” of the “Donetsk People’s Republic”. A call
Casualties due to the escalation in intensity of fighting as Government aims to gain
control of the territory
or General Oleg Mahntsky announced that 181 people had been
killed since the start of the Government’s security operations on 14 April to regain control
Luhansk region. On 23 May, the territorial defence battalion “Donbas” was ambushed and
zler’s group;
of the Criminal Code of Ukraine (“Terrorist act that led to the death of a
person”).
“minister of health” of the “Luhansk People’s Republic”, Nataliya Arkhipova.
mostly organized by “AutoMaidan” activists. Reception centres for arriving IDPs
Wideningprotection gap and erosion of the rule of law
and towns of the Donetsk and Luhansk regions, and have declared virtual “independence”.
“referendum", and demanding more proactive and effective action to free the region from
“terrorists who do not allow us to live in peace” and to pay more attention to the concerns
According to NGOs, the week preceding the “referendum” of 11 May, over 500 apartments
Presidential elections
After the “referendum”, representatives of the “Donetsk People’s Republic” openly
proclaimed “People’s Republics”. According to official CEC figures,
representing the “Donetsk People’s Republic” would come to a Commission or polling
entatives of the “Donetsk People's Republic” reportedly entered a DEC
armed people of the “Luhansk People’s Republic” reportedly attacked and stole the ballots
with representatives of the “Donetsk People’s Republic” at the occupied SBU building,
On 26 May, the “speaker” of the “Donetsk People’s Republic”, Denis Pushylin, announced
elected President Petro Poroshenko to the Donbas would “heat up”
by the Russian Federation. According to him, the “Donetsk People’s Republic”
proclaimed “martial law” on “its” territory and that a curfew might be imposed in certain
B. Right to life, liberty and security
the National Guard, the special unit “Azov”, the special unit “Dnepr” and the armed forces
In the early afternoon, while retreating, the special unit “Azov” came across local “Pro
Russian” demonstrators who reportedly tried to stop them. Members of the special unit
“Azov” reportedly fired warning shots, first into the air, and then at people’s legs. The
After the armed forces left the military base in Mariupol, it was looted by “ProRussian”
finding 15 wounded men at Mariupol City Clinic Hospital 1. Six police officers were
wounded people were brought to Mariupol City Clinic Hospital 2. As reported to the
Abduction and detentions
Right Sector and “spies”. Some are released after a few hours, some after a few days,
abducted by the “Donetsk People’s Republic”. On 10 May, three “ProUkrainian” female
called “house arrest”, reporte
the “Donetsk People’s Republic” and was reportedly abducted by the same armed persons.
On 25 May, two officers of the SBU were reportedly detained by the “Luhansk People’s
Republic” while attempting to negotiate the release of their colleagues who were being
armed groups under the control of the “Donetsk People’s Republic and the “Luhansk
People’s Republic”. Following repeated interventions, several civic activists and members
released following discussions between the HRMMU and representatives of the “Donetsk
le’s Republic”.
The HRMMU appealed to the leadership of the “Luhansk People’s Republic” on 26 May
allegedly abducted the parents of a local activist from “Svoboda”,
“Donetsk People’s Republic” who were being detained in the Lukyanovskoe pre
armed group of “Cossacks” in Ant
groups, targeting “ordinary” people who support Ukraini
either of the two “people’s republics”.
ly, she had opposed holding the “referendum” on the school premises.
“ProUkrainian” position, including in the social media. Since the son was not to be found,
Killings
Valeriy Salo, a farmer and head of a local cultural organization known as a “ProMaidan”
The HRMMU is also concerned about reports of “summary executions” by representatives
of the “Donetsk People’s Republic”. On 18 Ma
yard, where according to witnesses a “sentence” was read in the name of the “Donetsk
People’s Republic” and shot dead, in
May, by order of Igor Strelkov, Dmytro Slavov (“commander of a company of the people’s
militia”) and Mykola Lukyanov (“commander of a platoon of the militia of ”Donetsk
People’s Republic”) were “executed” in Slovyansk, after they were “sentenced” for
“looting, armed robbery, kidnapping and abandoning the battle field”. The order, which
Torture
representatives of the “Donetsk People’s Republic” and the “Luhansk People’s Republic”,
terrorised. Witnesses also mention having seen supporters of the “Donetsk People’s
Republic” and “Luhansk People’s Republic” being detained and subjected to harsh
An activist of “Batkivschyna”, abducted on 22 May and detained by supporters of the
“Donetsk People’s Republic” in Donetsk, reported being subjected to torture and forced
was detained. He was interrogated about affiliation with the “Right Sector”, with
“Euromaidan”, and t
to the “Right Sector” and the Ukrainian military. Both of them allege having been tortured.
Enforced disappearances
n for nine days. The location of an activist of the “Donetsk People’s Republic” was
he HRMMU was also looking into the detention conditions of supporters of the “Donetsk
People’s Republic” and “Luhansk People’s Republic” detained by the Ukrainian forces
Children
–
According to credible reports received by the HRMMU, 14 children from the children’s
ions (children’s institutions, shelters, and so forth)
C. Freedom of expression
Journalists’ safety continues to be a serious issue in the Donetsk and Luhansk regions due
to fighting between the Government’s security forces and armed groups. On 24 May, an
but refuse to comply with the orders of the “Donetsk
People’s Republic” are threatened and harassed. Reportedly, the state regional television is
proclaimed “Army of
East”. On 26 May, it was reported that the publisher and editor in chief of one of
of “Donetsk People’s Republic” demanded him to publish.
Arbitrary arrests of journalists
night of 6 June, two journalists of the Russian TV station “Zvezda” were
station “Zvezda” received information from the SBU that the two journalists were
Obstruction to lawful professional journalist activities
film the voting process during the “referenda” in the Donetsk and Luhansk reg
Attacks on editorial offices and TV towers
On 7 May, the office of the local newspaper “Hornyak” in Torez (Donets
On 8 May, the independent newspaper “Provintsiya” in Kostyantynivka was
attacked by armed, masked men, allegedly members of the “Donetsk People’s
Republic”. The editors were told the paper was “closed” and taken to the “city
commander’s office” situated in the occupied building of the City Council, where
Censorship / access to information
Ukrainian TV channels switched off by the “Donetsk People’s Republic” and replaced by
of the local TV Channel “Union”
with demands to report about the activity of “Donetsk People’s Republic” and
“Vokar Holding” was forced to stop retransmission of Ukrainian TV Channels:
“Inter”, “Ukraine”, “1+1”, ICTV, STB, “New Channel”, “5 Channel”, “112
Ukraine”, and “TVI” in Severodonetsk, Luhansk region. Instead the Russian
called “Donbas People’s Militia” arrived a
office of the newspapers “Donbas” and “Vecherniy Donetsk” and blocked all
chief of the “Donbas” and his
chief of “Vecherniy Donetsk”. The armed men reportedly
newspapers and ensure more positive coverage of the “Donetsk People’s Republic”.
The three editors were eventually released on 3 June after which all the “Donbas”
HRMMU has noted specific hate speech on the “official” media outlet of the
“Donetsk People’s Republic” “Anna Info News”. On 20 May Oleksandr Mozhayev,
going operations as a “Holy War” and spoke of exterminating America.
the broadcast of Ukrainian channels: “1+1”, “Donbas”, “UBR” and “News24” a
demand of “Donetsk People’s Republic” representatives.
Propaganda
discrimination, and violence. As an example, the “Donetsk People’s Republic” denied all
ility for the attack near Volnovakha, claiming that it was the National Guard “paid
by Kolomoiskiy” which perpetrated this attack on the Ukrainian military. On 27 May,
D. Freedom of religion or belief
“people’s republics” and distance itself from it. The UOC
Luhansk regions from the attacks and threats of the “criminals”.
“Donetsk People’s Republic”, in an attempt to discuss security arrangements for the
E. Economic and social rights – impact of the violence
Right to education
ern had been the organisation of the “External
65” for the students of these eastern regions. On 29 May, the
66
representatives of the “Donetsk People’s Republic” including in the preparation and
holding of the “referendum” of 11 May, as well as establishing temporary “hideouts” in
Right to health
May, Children’s Hospital Nr 1
67
30 armed representatives of the “Donetsk People’s Republic” reportedly
68
beyond the legitimate authorities’ contro
Conditions for treatment of patients
–
–
–
–
–
Right to an adequate standard of living
Housing
Electricity and water supply
service of the company “Donetskoblenergo”, the company has all the necessary
Social security (services and benefits)
’s office hours were cut. On 15 May, it was reported that the
69
the threats by the representatives of the "Donetsk People's Republic”. On 15 May, the
“humanitarian catastrophe” in Kramatorsk, due to the termination of the wor
mentioned that thousands of the city’s pensioners, local governance workers, educators and
rtedly, the Treasury’s
Increased lawlessness resulting in loss of individual property
there are numerous incidents in Donetsk and Luhansk regions when the armed groups’
returning the regions to the “lawlessness of the 1990s”:
region. He reported that his legal firm’s office was ru
computers, documentation on the legal cases and stole the firm’s car. He was also
Labour rights
“Donetsk Metallurgical Plant” employing approximately 2,100 persons.
of the regions’ economy. On 9 May, it was reported that local miners repelled an attack by
Russian supporters of the “Donetsk People’s Republic”, who attempted to take
the mine’s shafts for their disobedience. Allegedly, the miners decided to organize their
own “selfdefence” to protect themselve
suspended production activities. Reportedly the armed men pointed guns at the mines’
27 May, due to pressure by the armed representatives of the “Donetsk
People’s Republic” onthe “Donetsk CoalMining Company”, coal production was
suspended at several mines, including “Octyabrskiy Rudnik”, “E. Abakumov”, “A.
Skochinskogo” and “Trudovskaya”.
On 20 May, Denys Pushylin, “speaker” of the “Donetsk People’s Republic”, announced the
the local oligarchs` unwillingness to pay taxes to the “republic’s”
The broader impact of the crisis in the eastern regions of Ukraine
Ukraine’s inflation rates could dramatically accelerate. Even in the best case scenario,
for Ukraine’s social welfare system to cushion the impact, particularly for the most
ntry’s long term competitiveness or development
70
Official statistics released in May indicate that Ukraine’s GDP dropped 1% in the first
—
VI. PARTICULAR HUMAN RIGHTS CHALLENGES IN CRIMEA
A. Civil and political rights of Crimean residents
“conversations" and issued ‘warnings’ about the unacceptability of ‘extremist activities’.
‘selfdefence’ reportedly wrote down license plates, passport numbers and driving licenses'
called ‘Crimean selfdefence’, often
Rule of law and the judiciary
71
and Russian laws. The Ukrainian “Law on the occupied territories” allows t
Right to life, liberty and security
Mr. Sentsov’s lawyer who stated that while his client had been arrested on 11 May, he
the FSB press release, the people detained are members of the Ukrainian ‘Right Sector’
HRMMU that the “Crimean police” had brought to his Crimean house a summons for an
FCL “On Acceptance of
rimea and the Federal City of Sevastopol”.
HRMMU that he had received a written “warning” from the Crimean police about the
support of ‘extremist statements’ by Mustafa Dzhemilev and provoked extremist
On 15 May, the “Chairman” of the Council of Ministers of Crimea, Sergey Aksyonov,
called “Crimean selfdefence” would become regular and receive
raises concern as the “Crimean selfdefence” has reportedly been involved in numerous
Accountability
The acting Prosecutor General of Ukraine reported on 27 May that an interagency ‘working
ly occupied territory of Crimea’ had been
“referendum”.
Citizenship
The status of refugees and asylum seekers has not been regulated. Prior to the “referendum”
On 4 June, the President of the Russian Federation signed amendments to the law “On
eration”, introducing criminal responsibility for concealment
Freedom of expression
“Crimea defence” during the mourning events related to the anniversary of the
On 19 May, the “Crimean self
On 2 June, the “Acting Prosecutor” of Simferopol summoned the Chief Editor of the
aper “Avdet” Shevket Kaybullayev for questioning over possible
“extremist activity”. According to the notice, Kaybullayev had to appear on summons to
the Prosecutor’s Office. As written in the summons, the Prosecutor is investigating
an law “On counteraction to extremist activity”. The ‘Avdet’
On 2 June, the Editor of the “Crimean Centre for Investigative Journalism”, Sergey
“Crimean selfdefence” in Simferopol, taken to their headquarters (on Kirova 26) and
.
Freedom of movement
Russian Federation and Ukraine’s
Pursuant to the Law of “On guaranteeing citizens’ rights and freedoms and legal regime in
the temporarily occupied territory of Ukraine”, which entered into force on 10 May,
Freedom of association
Since the “referendum” on 16 March, many NGOs and human rights activists left Crimea
called “foreign agents” law –
“referendum” are deprived of such a possibility.
Freedom of peaceful assembly
of assembly and association is only permissible “in time of public emergency” and “to the
tuation” and would require immediate
Freedom of religion or belief
On 8 May, the League of Muslim Women “Insaf” informed the HRMMU that some 150
for “a
conversation”. They were reportedly fingerprinted and photographed.
terrorizing churchgoers. The car of the priest was allegedly damaged. The “Cossacks” said
“Crimean selfdefence” arrived wit
alled it an “illegal building”. In addition, the authorities in Crimea
B. Economic, social and cultural rights
Language and education
Property rights
Crimea "with full responsibility and caution". On 28 May, a draft law “On the special
procedure for real estate registration in Crimea” was introduced in the Ru
Right to an adequate standard of living
no negative implications for drinking water, according to the ‘First Deputy
Chairman’ of the Council of Ministers of Crimea, Rustam Temirgaliyev. Having no access
Banking
organization, the “Depositor Protection Fund”, which acquired the rights to deposits.
C. The rights of indigenous peoples
“Council of Ministers” of Crimea decided on 17 May that the commemoration could go
V. CONCLUSIONS AND RECOMMENDATIONS
–
–
To the Government of Ukraine and other stakeholders
–
To the authorities in Crimea and the de facto governing authority of the Russian
Federation
68/262, entitled “Territorial integrity of
Ukraine”, measures must be taken to protect the rights of persons affected by the
I. EXECUTIVE SUMMARY 3
II. RIGHTS TO LIFE, LIBERTY AND SECURITY,
AND PHYSICAL INTEGRITY
7
III. RULE OF LAW 14
A. Impunity in the east 14
B. Constitutional amendments 16
C. Justice sector reforms 17
D. Legislative developments 19
IV. ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS 20
A. Investigation into human rights violations related to the Maidan protests 21
B. Investigation into human rights violations related to the violence in Odesa 22
C. Investigations into other human rights violations 25
V. INTERNALLY DISPLACED PERSONS 26
VI. FREEDOMS OF EXPRESSION, ASSOCIATION, PEACEFUL ASSEMBLY, MOVEMENT, RELIGION
OR BELIEF
29
A. Peaceful assembly 29
B. Freedom of association 30
C. Freedom of expression 30
D. Freedom of movement 31
E. Freedom of religion or belief 32
VII. ECONOMIC, SOCIAL AND CULTURAL RIGHTS 33
VIII. MINORITY RIGHTS AND GROUPS FACING DISCRIMINATION 35
IX. POLITICAL RIGHTS 36
X. PARTICULAR HUMAN RIGHTS CHALLENGES IN CRIMEA 37
XI. CONCLUSIONS 39
ANNEX I. COMPILATION OF RECOMMENDATIONS BY THE UN HUMAN RIGHTS
MECHANISMS AND THE UN HUMAN RIGHTS MONITORING MISSION
IN UKRAINE.
41
proclaimed “Donetsk People’s
Republic” and “Luhansk People’s Republic” (DPR and LPR respectively) have, until
The Ukrainian security operation, referred to as an ‘antiterrorist operation’ (ATO), aimed
(SBU) and volunteers’ battalions. In any law enforcement operation security forces must
eastern Ukraine a ‘noninternational armed conflict’ and urging all parties to comply with international
now being used by them. As the ‘Minister of Defence’ of the armed groups told the
HRMMU on 8 July: “we are in the state of war”.
proclaimed ‘People’s Republic of Novorossia’. They claimed to have adopted a
Throughout the reporting period, the Government of Ukraine pursued its “antiterrorist”
residents’ fundamental rights, including the right to life. The Government appeared to take
–
activists who charged them with ‘financing terrorism ’in the eastern regions. Steps have
f the Donbas region, which houses a large part of Ukraine’s heavy industry.
by the international community and a Donor’s Conference is being organized by the EU for
Casualties
nnounced them, and have issued no further data since. In addition, the Ministry’s figures
called ‘collateral damage’ to
used as ‘human shields’ by the armed groups, as for example in Horlivka on 14 June. In
armed group then threatened to organise “human shields”, by placing detainees on the roof
Abduction and detention
military barricades; e) opportunistic ‘arrests’ of people; and f) ‘internal discipline’ of the
occupied public building and had been engaged in ‘forced labour’. A univ
was abducted by armed persons ‘for questioning’ for allegedly taking photos and videos of
region) by the ‘Donbas People’s Militia’. Three drunk people driving a car in Luhansk were
Luhansk were ‘arrested’ by armed men after a fight broke out. An assistant of the Donetsk
n armed groups robbed the centre’s
armoury. Reportedly, armed members of the “Right Sector” abducted the Mayor of
–
“exchange”.
department of the MoI was conducting investigations into “proRussian” activities in
detained are frequently required to pay a “fine” (ransom) ranging from 200 to 1,000 USD.
Many detainees are also forced to “work off their guilt” as forced labour or to fight on the
front lines for 15 days. Those who cannot pay the ransom are given the option to “wash off
their guilt with blood”; in other words, they are sent to the front lines to fight on the side of
tly, the armed groups consider these actions to be “prevention
measures for drug addicts”. At the same time there were some cases of abduction reported
Torture and ill-treatment
“alternative” to torture and ill
Executions
‘CommanderChief’ of the
protocols of hearings of a ‘military tribunal’ convicting people to death, were found in
Abduction of children
“to an enemy country, Ukraine” and wanted them to go to the Russian Federation. All 32
Allegations of sexual violence
of a group of people abducted in the town of Snizhne by armed representatives of the “Donetsk People’s
Republic”. According to the MFA, the children did not have proper permits to cross the border, and that in
Arbitrary detentions and enforced disappearances
visited the Headquarters of the Government’s security operation in the eastern regions,
with the law “On police”, which obliges battalions’ volunteers to fill out a protocol for
Ukraine’s counter
mentioned that the individual was “an active member of the terrorist DPR”. However, the
College, in which the Ukrainian battalion “Donbass” was based. A soldier of the Battalion
“Donbas” was reportedly arrested by his own battalion as of 8 July and accused of
Landmines and explosive remnants
Kramatorsk and from Slovyansk to Donetsk, saying “a lot of landmines and unexploded
lie on the sides of the roads” and that they were working to dispose of them. There
Other incidents
‘preventive’ action by the authorities elsewhere in Ukraine. For example, in the
inciting people to disobey the Ukrainian Government and to support the “independence” of
alleged to be ‘terrorists’ part
which, along with 50 other people, they were allegedly planning to create an ‘Odesa
People’s Republic’.
incidents. An explosion at a military unit on the night of 3 July was called a ‘terrorist act’
suspected to be “rebel fighters”. In the Kherson region, border guards and the SBU ar
“proRussian” movement called ‘Molodizhna Ednist’ as
Russian Federation ‘as a result of an agreement or joint operation between the terrorists and
.’ The Ukrainian Government is appealing to the international
The armed groups claim that they are putting into place parallel ‘institutions’. For
example, they claimed a ‘prosecution system’ had been set up, and that a ‘court martial’
‘military police’ is in the process of being created as well as a Criminal Code and Criminal
the National Security Service (SBU) and a number of volunteers’ battalions
Interior and function according to the law “On Police”), battalions of territorial defence
Luhansk; 2 employees of the Public Utility Company “Water of Donbas” were
accordance with Ukraine’s obligations und
and of the ‘minimum guarantees’, such as the
On 2 July, the Parliament registered a draft law ( 4178) initiated by the President of
possibility to grant “special status” to the Russian language and languages of other national
Law enforcement reform
enforcement system. An Expert Council “on the issues of human rights and reformation”
“The control of internal security services in the member states of the Council of Europe"; para. V.i
police actors, including women’s groups, to discuss the work of the police and its
Administration of justice reforms
effective checks and balances. The law “On the restoration of the credibility of the ju
in Ukraine” developed a mechanism for the dismissal of judges who have discredited the
example, past court decisions can be scrutinized by an ‘Interim Special Commission’,
n/required. (“submissions”). In addition, the new Criminal
implemented by amending the law “On the Prosecutor’s Office” and possibly the
context, characterized by the ‘referendum’ in Crimea
persons fleeing “international or internal armed conflict” and other serious human rights
–
accommodation", “universal design " and “discrimination on the basis of disability "
Anti-corruption
Liability of companies (“legal persons”) has been introduced under the
legal framework governing the powers and work of the Prosecutor’s Office, p
Asylum
refoulement
On Amending Article 1 of the Law of Ukraine “On refugees and persons that require additional or temporary
protection”, available at
the ‘Berkut’ special police. In addition, according to a civil
society organization “EuroMaidan SOS”, 32 Maidan protesters (31 men and 1 woman)
20 February 2014. To this date, nobody has been sentenced. Three ‘Berkut’ police
police unit “Berkut” during Maidan has been destroyed; (c) it is believed that some
Most families of Maidan victims, who have joined in an ‘initiative group’, are reported
86
–
Criminal investigation by the Ministry of the Interior Investigation Unit
he Odesa “Euromaidan”, Right Sector, local
Defence, Odesa “Narodnaya Druzhyna” and other participants; identify and
General Prosecution Investigation Unit regarding police duty performance
currently on a “wanted” list.
Criminal investigation under the State Security Service of Ukraine (SBU)
criminal activities, mostly activists and supporters of the “proFederalism” movement.
detainees’ la
Special Parliamentary Commission Group
Ukrainian Parliament Commissioner for Human Rights (Ombudsperson Office)
on’s Office has finalized its findings regarding the 2 May violence
special police tactical plan “Khvylia”. This neglect resulted in a high number of victims.
Independent Commission investigating the 2 May violence
these agencies: in accordance with the law “On access to public information” (2939
Temporary Oversight Commission on the 2 May violence of Odesa Regional Council
football fans and law enforcement negligence; (4) provocation by the “pro Unity”
movement in order to intimidate the “proFederalism” movement.
The State’s system to protect IDPs has significant gaps. Many IDPs leaving Donet
administrative matters remain unresolved, hindering IDPs’ ability to start their new li
and assistance for the elderly to enable women to seek employment. Also, Ukraine’s
July there were 785 people mobilized from that region to serve in the Government’s
the police reportedly threatened to ‘plant narcotics’ on the group to make their problems
harder. The HRMMU intervened after being alerted to the situation by a volunteers’
be ‘separatists’ posing as IDPs, and the local population was encouraged to report any
exercise their freedom to peaceful assembly in a variety of ways: by gathering in ‘flash
mobs’, pickets, rallies, demonstrations and
a broad spectrum of people’s current concerns and included: protests against specific
sides of the ‘proFederalism’ debate (separate demonstrations). Since 8 June
the Sunday ‘viche’ (people’s assembly) has been held in Kyiv on Maidan and is now a
The Prosecutor’s office has started an investigation on possible criminal responsibility of the police during the
During a parliamentary session on 20 June, MP Ivan Stoyko made the following statement: ‘We are now at war
our nation.’
increasing level of hate speech must be addressed by the country’s political leaders, who
citizens, there has been an increased ‘antiRussia’ rhetoric with demonstrations targeting
owned banks and business on the grounds that they are ‘financing terrorists’.
driver was wounded and one journalist killed. The armed group has evidently ‘arrested’
‘separatist’ and ‘terrorist’ should not be used, they were told, and each Monday there
Donetsk, all media outlets are required to register with the armed groups’‘Ministry of
Information and Communications’. This extends to online resources, including individual
newspaper offices of ‘Vesti’ in Kyiv were attacked twice within a week, on 28 June and
organization says will impair journalists’ independence and force them to stop writing
issues and which, in the organization’s view, contravene European and
an attempt by ‘separatists’ to form a ‘Kyiv People’s Republic’.
would be created by the “reanimation package of reforms” is still far from reality.
The country’s economy remains in recession, with a consequent adverse impact on the
groups. Of these 24 are military premises, 16 are administrative and local authorities’
Eastern Ukraine is the centre for the country’s heavy industry. With the economic life
of the armed group’s policy to control and raise corrupt profits from trade, as train
Crimea’s water reserves used to come from mainland Ukraine. While this situation will
and armed groups’ flags. He believes it was done by the local Self Defence group who
LGBT rights parade ‘March of Equality’ planned for 5 July in Kyiv was cancelled, as
reportedly police could not guarantee participants’ safety, the organisers of the eve
inclusivity and equal participation of all in public affairs and political life. The law “On
Minorities” a
and civil society to “ensure protection of ethnic and national minorities and indigenous
rainian society”. The
–
‘peaceful population’ of the east) about important government decisions. As previously
could not leave the peninsula after the March “referendum”, as other residents chose to
March ‘referendum’ in Crimea.
Federation allegedly wrote in the official investigation file that “Oleg Sentsov is a
Russian citizen with a Ukrainian passport”. According to Sentsov’s lawyer, his client has
officers of the “centre for combating extremism” of the Russian FSB. During the search,
was told by FSB officers that he could ‘disappear’ like the three pro
wear clerical cloths since the “Russian Cossacks” and representatives of other ‘pro
Russian’ groups were very aggressive. The Bishop of the Ukrainian Orthodox Church
been targeted who opposed the March ‘referendum’. Thus, the authorities of Crimea have
alleged ‘extremist’ statements having been made. The Ukrainian Foreign Ministry
olution 68/262 on 27 March, 2014, declared the ‘referendum’ held in
media outlets are under threat of closing. The editor’s office of “Krymskaya Svetlitsa”,
– –
––
A glossary of acronyms is on the last page of this Annex.
Treaty Bodies
CAT (2011) reiterated its recommendation that the reform of the Prosecutor’s Office should
Special Procedures
UPR recommendations (2012)
statutory reforms needed to limit the powers of the Prosecutor General’s office.
Code and of the Public Prosecutor’s Office.
undertake reform of the Prosecutor’s Office that en
statutory reforms needed to limit the powers of the Prosecutor General’s office, and establish
tice system, in line with Ukraine’s obligations under
independence and impartiality of the Prosecutor’s Office, as well as the updating of pre
HRMMU 15 April 2014 Report
independent from the Prosecutor’s Office. Public accountability and sufficient resourcing is
HRMMU 15 May 2014 Report
–
–
HRMMU 15 June 2014 Report
–
sembly resolution 68/262, entitled “Territorial integrity of Ukraine”,
HRMMU 15 April 2014 Report
establish the rule of law, including by the effective disbandment of any and all ‘self
defence forces’ and/or para
HRMMU 15 May 2014 Report
HRMMU 15 June 2014 Report
Treaty Bodies
–
UPR Recommendations (2012)
Code and of the Public Prosecutor’s Office.
undertake reform of the Prosecutor’s Office that ensures its independence and impartiality and
ith Ukraine’s obligations under the ICCPR.
independence and impartiality of the Prosecutor’s Office as well as the updating of pre
HRMMU 15 May 2014 Report
The Law “On the restoration of the credibility of the judiciary in Ukraine” must be brought in line
UPR Recommendations (2012)
UPR Recommendations (2012)
HRMMU 15 June Report
Treaty Bodies
UPR Recommendations (2012)
UPR Recommendations (2012)
HRMMU 15 April 2014 Report
HRMMU 15 May 2014 Report
Treaty Bodies
Special Procedures
UPR Recommendations (2012)
from the Ministry of the Interior and the Prosecutor’s Office.
Treaty Bodies
HRMMU 15 June 2014 Report
–
UPR Recommendations (2012)
from the Ministry of the Interior and the Prosecutor’s Office.
HRMMU 15 June 2014 Report
UPR Recommendations (2012)
HRMMU 15 April 2014 Report
HRMMU 15 May 2014 Report
Reaffirming UN General Assembly resolution 68/262, entitled “Territorial integrity of Ukraine”,
HRMMU 15 June 2014 Report
CESCR (2014)
HRMMU 15 April 2014 Report
Treaty Bodies
victims’ concerns of racial discrimination and ensure their access to the Commissioner’s Office
members of “visible minorities” against all acts of violence.
CESCR (2014)
also into account the Committee’s general com
g the definitions of direct and indirect discrimination in line with the State party’s
The CESCR recommends that the State party, taking into account the Committee’s general comment
take measures to change society’s perception of gender roles, including through awareness
Special Procedures
UPR Recommendations (2012)
Treaty Bodies
identification and consider the issue of the Ruthenians’ status, in consultation with their
CESCR (2014)
The Committee recommends that the State party, taking into account the Committee’s general
UPR Recommendations (2012)
HRMMU 15 April 2014 Report
HRMMU 15 May 2014 Report
– –
“referendum” must come to an end, and all their human rights must be guaranteed.
HRMMU 15 June 2014 Report
Treaty Bodies
UPR Recommendations (2012)
HRMMU 15 April 2014 Report
HRMMU 15 June 2014 Report
Treaty Bodies
with article 19 of the Covenant and the Committee’s general comment No. 34 (2011) on the
Special Procedures
on TV and radio broadcasting, to increase TV and radio broadcasting bodies’ independence
UPR Recommendations (2012)
HRMMU 15 April 2014 Report
HRMMU 15 May 2014 Report
HRMMU 15 June 2014 Report
HRMMU 15 June 2014 Report
HRMMU 15 June 2014 Report
Treaty Bodies
CESCR (2014)
under the Covenant and the State party’s Constitution;
–
UPR Recommendations (2012)
Treaty Bodies
CESCR (2014)
The Committee draws the State party’s attention to its statement concerning Poverty and the
UPR Recommendations (2012)
Treaty Bodies
CESCR (2014)
The State party should, taking into account Committee’s general comment no. 4 (1991) on the right to
Treaty Bodies
CESCR (2014)
discrimination legislation and by raising teachers’ and the general public
UPR Recommendations (2012)
Treaty Bodies
effect to the Committee’s Views so as to guarantee an effect
HRMMU 15 April 2014 Report
HRMMU 15 May 2014 Report
HRMMU 15 June 2014 Report
Treaty Bodies
CESCR (2014)
HRMMU 15 April 2014 Report
HRMMU 15 June 2014 Report
Treaty Bodies
CESCR Report 2014
HRMMU 15 April 2014 Report
HRMMU 15 June 2014 Report
HRMMU 15 June 2014 Report
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–United Nations Children’s Fund
–
–
–
–
political solution which “is the most effective way to save lives and avoid a humanitarian
disaster.”
a “safe corridor”, unilaterally established by the Ukrainian forces, enabled
This date marked the beginning of the armed groups’ occupation of public buildings in a coordinated fashion
Everyone is reminded that efforts will be made to ensure that “anyone committing serious
they are.”
cause of “irrefutable evidence of their participation in terrorist activities.”
crash site and on the release of a “sizeable number” of persons
–
requiring ‘requalification’ to ascertain they were not involved in any crimes while
–
defense forces following the March “referendum”. Meanwhile complaints against the self
Luhansk regional state administration said that “among civilians in Luhansk region in
general… one and a half thousand were killed” since mid
Beginning on 29 July, the Ukrainian armed forces established special “corridors” to allow
August 2014, by the supporters of Luhansk People’s Republic (LPR), had
e Veterans’ House in the Kirovskyi district of
women’s prison, located in Chervonopartyzansk (Luhansk region), were evacuated to other
Detention by Ukrainian armed forces and police
As the Government’s security operation continues, Ukrainian armed forces are gaining back
April until 16 August, more than 1,000 “militants and subversives”
was filmed and made public through the Internet and TV. Detainee’s relatives were o
accused of “separatism”. Reportedly, he was released on 29 July. However, the HRMMU has
the detention to an open source, accusing the detainee of “collaboration with the separatists”.
whereabouts had been unknown since the day of detention, was now in “a safe place”,
protected by the police, and considered a “crime victim”.
Ms. Shtepa is being charged under part 3 of article 110 of the Criminal Code “encroachment on the territorial
iate actions have led to death or other serious consequences”. If
with her husband’s murder unless she undertook to speak at a ceremony in
arrest and detention of individuals suspected of “antiUkrainian” activities. In one of the
were considered “heroes” and Ukrainian patriots and were
given “immunity” from being arrested or prosecuted. In the Lviv region, on 12 August, traffic
Detention by the armed groups
ns, usually in decent conditions and treated according to the “rules of
war” and “officers dignity”. According to him, other detainees are usually kept in basements
for “betrayal of the Fatherland”, and urged to join the armed groups. According to
support of the 9 May “referendum”. She also said her arrest by SBU was “extremely brutal” with the officer
photo of the detainee in a “vyshyvanka” (a traditional Ukrainian embroidered shirt), and
accused him of being the “Kyiv junta’s accomplice and terrorist”. On 9 August, a Donetsk
were detained “until the clarification of circumstances”.
ust, a Ukrainian serviceman released from armed groups’
Physical safety of journalists and other media professionals
Obstruction to lawful journalist activities
called “defence minister” of the selfproclaimed Donetsk People’s Republic
called “Army of the south east” have prohibited photographing and filming in public places
Arrests and detentions of journalists by Ukrainian forces
“Nabat”to four years of imprisonment with two years’ probation for publishing incorrect
sh border and “dumped out” after being told he was banned from
s, those of Volyn Post’s journalist (held hostage
25 April), Hromadske TV’s journalists (30 June
The “Nabat” website is known for its pro
Today have recently resigned accusing the channel of covering the Malaysian Airlines crash story with “total
disregard for the facts”.
The chief editor of the Donetsk newspaper “Municipalna Gazeta” was arrested on 3 August by
Media regulation
12 Russian channels including “First Channel”, “RTR Planet”, “Russia 24”, “NTVMir”, “TV
– International”, “Russia 1”, “NTV”, “TNT”, “Petersburg 5”, “Zvezda”, “Ren TV”,
nd “LifeNews”.
For example, the volunteer initiative “StopFake” launched on 2 March 2014.
Inflammatory speech
police investigator described “profederalism” activists who were gathering at Kulikove Pole
as “previously convicted lumpen, from marginal circles, foreigners and unemployed” and
“having the intellectual level equal to a 14old”. The Ministry of Internal Affairs reacted
with “ambiguous statements and negativism” that may provoke intolerance. The letter was
because it is “unsanctioned” by DPR, its activists are regularly harassed, intimidated and
In Odesa, the two opposing sides are referred to as “prounity” or “profederalism” supporters.
environmental protection, as well as “antiRussian” protes
and “hooliganism” and all were released after a maximum of three hours.
in an “unsanctioned” rally. However, once identified as Protestants, t
proclaimed Donetsk People’s
religion, and all other “sects” are prohibited.
the SBU and the Regional Prosecutor’s Office
difference of opinion about the proposal to disclose the detainees’ political affiliation since
hearings related to the 4 May events when detainees were “illegally” r
custody. In this case the Head of Odesa’s City Police, the Head of the Temporary Detention
The Ministry of Internal Affairs and the Prosecutor’s offices investig
Forceful dispersal of protesters on 30 November 2013
riminalized all the protesters’
Killing of protesters on 19-21 January and 18-20 February 2014
The Prosecutor’s investigation has found that these crimes were instigated by a group, headed
called “titushky”
reiterated the prosecutor’s findings. The Commission emphasised the malicious negligence of
“counterterrorist operation area”, and thus
Constitutional amendments
National Reform Council
and implementing reforms. It is foreseen that a special donors’
Legislation
Ukraine’s Parliament on 12 August adopted three laws that would significantly expand the
–
–
Rights which requires that “(any)one arrested or detained on a criminal charge shall be
promptly
power…” (emphasis added).
utor’s action. It is in
Amendment to the Law of Ukraine “On Fighting Terrorism”.
Amendment to the Law of Ukraine “On Police”
Law enforcement
–
–
crimes solved (as is currently the case), but to the public’s evaluation of safety in
police. An additional problem that does not seem to be addressed in any of the expert groups’
Administration of justice
these events can apply for the Commission’s review. The Commission will conduct its first
No. 4446a Amendments to the law “On prosecution”.
did not fall within the Commission’s
Lustration
parties. In March, the People’s Council
“Lustration”, broadcast on the local TV channel ZIK. Candidates for Lviv state jobs are
questions them and decides whether the candidate “passed” lustration. The civic initiatives
The term “lustration” literally means “cleansing” but is taken to mean “investigation and dismissal” of corrupt
people’s
At the same time on 31 July, the Government introduced a 1.5% “military tax” to be paid
eastern Ukraine was presented to a donors’ conference. According to the plan, some 3.9
facilitate IDP children’s enrolment in schools, the Ministry of Education allowed school
–
–
–
since these are in short supply in Ukraine’s urban areas. In western Ukraine, host populations
“labour book”
displaced from Crimea or the “zone of the antiation”. Civil society organizations
become the basis for updating current legislation, particularly the law “On national minorities
in Ukraine” (1992), to fully meet international standards. Based on consultations with the
minorities’ leaders and the head of the Pa
“referendum”; most of the cafés and facilities visited by the police and the Federal Security
–called “approved journalists”. Journalists as well as ordinary Cr
since the March “referendum”.
On 22 July, the President of the Russian Federation signed into law ( 274 dd. 21.07.2014 “On
e Criminal Code of the Russian Federation”) provisions that increase the
“On amendments to certain legislative acts of the Russian Federation”) that introduces prison sentences for public
March “referendum” by different grou
defence groups into a “people’s militia”, with powers to
or damage, as “acts of extreme necessity”. The perpetrators of violations would therefore be
w the authorities of Crimea to “reprivatize” Crimean
“On the prohibition of the pursuit of persons for actions committed with the purpose to maintain public order
and protect the interests of the Crimean Republic”
development of a strategy on the ‘reintegration’ of Crimea into Ukraine, to be prepared by the
–
ens’ rights and freedoms and legal regime on the
temporary occupied territory of Ukraine" re place of residence and the right to education”
–
Ukraine’s obligations under human rights treaties.
68/262, entitled “Territorial integrity of Ukraine”, as well as to undertake
Annex 300
OHCHR, Human Rights Council Takes Up People of African Descent, Racism and Racial
Discrimination, and Situation in Ukraine (23 September 2014)
Annex 301
Statement by Mr. Ivan Šimonovi, Assistant Secretary-General for Human Rights, at the
Interactive Dialogue on the Situation of Human Rights in Ukraine at the 27th Session of the
Human Rights Council (24 September 2014).
Annex 302
Statement to the Security Council by Ivan Šimonovi, Assistant Secretary-General for Human
Rights, meeting on Ukraine (24 October 2014)
Annex 303
OHCHR, Report on the Human Rights Situation in Ukraine (15 December 2014)
–
–
Situation in the east
– –
proclaimed ‘Donetsk people’s republic’
‘Luhansk
people’s republic’
‘referendum’ on self
by the ‘Donetsk
people’s republic’ and ‘Luhansk people’s republic’
administration of justice (‘legislation’, ‘police’, ‘prosecutors’ and ‘courts’) di
especially point 4 ‘
’ 9 ‘
Referred to by the Government as an ‘antiterrorist’ operation.
Henceforth the ‘Donetsk people’s republic’.
Henceforth the ‘Luhansk people’s republic’.
e law on special status)’and point 10 ‘
s from the territory of Ukraine’
‘’
On 2 November, the armed groups organised ‘elections’
Situation Report No.20
On Immediate Measures Aimed at the
Stabilization of Socio-Economic Situation in Donetsk and Luhansk Regions
On the Issues of Financing of State Institutions, Payment of Social Benefits
to Citizens and Provision of Financial Support for Some enterprises and Organizations of Donetsk and Luhansk
regions
Accountability
‘
’ against the ‘Donetsk people’s republic’ and the ‘Luhansk people’s
republic’
armed groups started their own ‘investigations’ into indiscrimin
Legislative and other legal developments
process involving civil society and the Ombudsman’s office, supported by the United Nations
amendment to the law ‘on fighting terrorism’
which applied to an amnesty law for ‘armed formations’ and a law providing for local self
the conduct of ‘elections’ in
areas controlled by the armed groups on 2 November. These ‘elections’ did not follow Ukrainian
the ‘elections’ held in the East on 2 November, the
standards, the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ denied those living
‘European Ukraine’, made up
Crimea
opposed the March ‘referendum’
Ukrainian citizens residing on the peninsula were automatically deemed by the ‘authorities’ in
‘elections’
for the ‘heads’ and the ‘people’s councils’ of the ‘Donetsk
people’s republic’ and the ‘Luhansk people’s republic’
Ukraine’s ‘heads’, Oleksandr Zakharchenko
were declared as winners. Both ‘republics’
‘executive bodies’ of ‘ministers’ and
Batkivshchyna
‘’
‘pro’ supporters
that ‘all hostages and illegally detained people shall be released
without delay’
called ‘exchanges’
out of 2,027 people on an updated list of missing people, about 1,000 had been “found and
freed”, while 378 Ukrainian servicemen, two journalists and
released 200 ‘fighters suspected of terroris ted crimes’ within
by the ‘Donetsk people’s republic’ and‘Luhansk people’s
republic’
(‘legislation’, ‘police’, ‘prosecutors’ and ‘courts’)
’s efforts toUkraine’s
Aidar
Situation Report No.20
Only the ‘Donetsk people’s republic’ acknowledged that it had received at least 275 people ‘from Ukrainian side’.
Situation Report No.20
tate’s
patients’ mental conditions.
–
Accountability for human rights violations and abuses in the east
their own ‘investigations’ into indiscriminate shelling of the territories
Aidar Azov Slobozhanshchina
Shakhtarsk
‘
’opened by the SBU against the ‘Donetsk people’s republic’ and the
‘Luhansk people’s republic’ in September. ‘
’
Maidan
Berkut
Berkut
Berkut
‘on the prevention of persecution and punishment of individuals in respect of events
taken place during peaceful assemblies’
Odesa
‘prounity’ and 46
‘pro’ supporters) and 247 suffered injuries (including 22 policemen).
‘pro’ activists involved in mass disorder in the city
‘profederalism’–
–
‘prunity’ activist
Kharkiv
‘ ’ ‘’
Oplot
‘’
Azov27.
Mariupol
Emblematic individual cases
Administration of justice
’s office,
Azov,
Aidar,
in absentia
the constitutionality of certain provisions of the Law ‘On Purificat ion of Government’.
of 5 September. This decision, which applied to an amnesty law for ‘armed formations’
f ‘elections’ in areas
These ‘elections’ did not follow Ukrainian legislation, a circumstance which the Ukrainian
Following the 2 November ‘elections’ held in parts of Donetsk and Luhansk regions
Ukraine’s
cement, it applies to ‘citizens’
November, Ukraine’s new
March ‘referendum’ and the arrival of ‘authorities’
––
ople of ‘nonSlavic appearance’
were taken to the local police ‘department for countering extremism’, but no charges were
Kurultay
Avdet,
without the consent of the ‘Crimean committee for the protection of cultural heritage’
(established post ‘referendum’); and because of unauthorised repair work on the building. The
Fund’s termination
maintaining links to Ukraine took place. In November, illegal expropriations of servicemen’s
Avdetnewspaper to vacate the building within 24 hours. Later the ‘prime minister’ of Crimea declared that the
Mejlis was never properly registered and therefore ‘did not exist’. The Director said he would appeal to European
social payments should be carefully considered in order not to breach the State’s
coalition ‘European Ukraine’ and drawn up a coalition
Parliament’s
BatkivshchynaSvoboda
ZastupVolia
Legislation
Institutional reforms
new body is independent from the Prosecutor’s Office. Public accountability and sufficient
Women’s human rights
women’s equal and full participation as acti
Reaffirming UN General Assembly resolution 68/262, entitled ‘Territorial integrity of
Ukraine’, measures must be taken to protect the rights of
Urge the ‘contact group’ to make progre
––
the ‘’
all ‘selfdefence forces’ and/or para
ed ‘Territorial integrity of Ukraine’, as well as to undertake measures to protect the
committed by the ‘Crimean selfdefence’ groups.
Reconsider the legislative initiative to grant amnesty to the ‘Crimean defence’
Annex 304
OHCHR, Report on the Human Rights Situation in Ukraine (15 December 2014)
–
–
Situation in the east
– –
proclaimed ‘Donetsk people’s republic’
‘Luhansk
people’s republic’
‘referendum’ on self
by the ‘Donetsk
people’s republic’ and ‘Luhansk people’s republic’
administration of justice (‘legislation’, ‘police’, ‘prosecutors’ and ‘courts’) di
especially point 4 ‘
’ 9 ‘
Referred to by the Government as an ‘antiterrorist’ operation.
Henceforth the ‘Donetsk people’s republic’.
Henceforth the ‘Luhansk people’s republic’.
e law on special status)’and point 10 ‘
s from the territory of Ukraine’
‘’
On 2 November, the armed groups organised ‘elections’
Situation Report No.20
On Immediate Measures Aimed at the
Stabilization of Socio-Economic Situation in Donetsk and Luhansk Regions
On the Issues of Financing of State Institutions, Payment of Social Benefits
to Citizens and Provision of Financial Support for Some enterprises and Organizations of Donetsk and Luhansk
regions
Accountability
‘
’ against the ‘Donetsk people’s republic’ and the ‘Luhansk people’s
republic’
armed groups started their own ‘investigations’ into indiscrimin
Legislative and other legal developments
process involving civil society and the Ombudsman’s office, supported by the United Nations
amendment to the law ‘on fighting terrorism’
which applied to an amnesty law for ‘armed formations’ and a law providing for local self
the conduct of ‘elections’ in
areas controlled by the armed groups on 2 November. These ‘elections’ did not follow Ukrainian
the ‘elections’ held in the East on 2 November, the
standards, the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ denied those living
‘European Ukraine’, made up
Crimea
opposed the March ‘referendum’
Ukrainian citizens residing on the peninsula were automatically deemed by the ‘authorities’ in
‘elections’
for the ‘heads’ and the ‘people’s councils’ of the ‘Donetsk
people’s republic’ and the ‘Luhansk people’s republic’
Ukraine’s ‘heads’, Oleksandr Zakharchenko
were declared as winners. Both ‘republics’
‘executive bodies’ of ‘ministers’ and
Batkivshchyna
‘’
‘pro’ supporters
that ‘all hostages and illegally detained people shall be released
without delay’
called ‘exchanges’
out of 2,027 people on an updated list of missing people, about 1,000 had been “found and
freed”, while 378 Ukrainian servicemen, two journalists and
released 200 ‘fighters suspected of terroris ted crimes’ within
by the ‘Donetsk people’s republic’ and‘Luhansk people’s
republic’
(‘legislation’, ‘police’, ‘prosecutors’ and ‘courts’)
’s efforts toUkraine’s
Aidar
Situation Report No.20
Only the ‘Donetsk people’s republic’ acknowledged that it had received at least 275 people ‘from Ukrainian side’.
Situation Report No.20
tate’s
patients’ mental conditions.
–
Accountability for human rights violations and abuses in the east
their own ‘investigations’ into indiscriminate shelling of the territories
Aidar Azov Slobozhanshchina
Shakhtarsk
‘
’opened by the SBU against the ‘Donetsk people’s republic’ and the
‘Luhansk people’s republic’ in September. ‘
’
Maidan
Berkut
Berkut
Berkut
‘on the prevention of persecution and punishment of individuals in respect of events
taken place during peaceful assemblies’
Odesa
‘prounity’ and 46
‘pro’ supporters) and 247 suffered injuries (including 22 policemen).
‘pro’ activists involved in mass disorder in the city
‘profederalism’–
–
‘prunity’ activist
Kharkiv
‘ ’ ‘’
Oplot
‘’
Azov27.
Mariupol
Emblematic individual cases
Administration of justice
’s office,
Azov,
Aidar,
in absentia
the constitutionality of certain provisions of the Law ‘On Purificat ion of Government’.
of 5 September. This decision, which applied to an amnesty law for ‘armed formations’
f ‘elections’ in areas
These ‘elections’ did not follow Ukrainian legislation, a circumstance which the Ukrainian
Following the 2 November ‘elections’ held in parts of Donetsk and Luhansk regions
Ukraine’s
cement, it applies to ‘citizens’
November, Ukraine’s new
March ‘referendum’ and the arrival of ‘authorities’
––
ople of ‘nonSlavic appearance’
were taken to the local police ‘department for countering extremism’, but no charges were
Kurultay
Avdet,
without the consent of the ‘Crimean committee for the protection of cultural heritage’
(established post ‘referendum’); and because of unauthorised repair work on the building. The
Fund’s termination
maintaining links to Ukraine took place. In November, illegal expropriations of servicemen’s
Avdetnewspaper to vacate the building within 24 hours. Later the ‘prime minister’ of Crimea declared that the
Mejlis was never properly registered and therefore ‘did not exist’. The Director said he would appeal to European
social payments should be carefully considered in order not to breach the State’s
coalition ‘European Ukraine’ and drawn up a coalition
Parliament’s
BatkivshchynaSvoboda
ZastupVolia
Legislation
Institutional reforms
new body is independent from the Prosecutor’s Office. Public accountability and sufficient
Women’s human rights
women’s equal and full participation as acti
Reaffirming UN General Assembly resolution 68/262, entitled ‘Territorial integrity of
Ukraine’, measures must be taken to protect the rights of
Urge the ‘contact group’ to make progre
––
the ‘’
all ‘selfdefence forces’ and/or para
ed ‘Territorial integrity of Ukraine’, as well as to undertake measures to protect the
committed by the ‘Crimean selfdefence’ groups.
Reconsider the legislative initiative to grant amnesty to the ‘Crimean defence’
Annex 305
U.N. Security Council, Security Council Press Statement on Killing of Bus Passengers in Donetsk
Region, Ukraine (13 January 2015)
Annex 306
U.N. Secretary-General, Statement Attributable to the Spokesman for the Secretary-General on
Ukraine (24 January 2015)
United Nations
Secretary-General
New York
24 January 2015
Statement attributable to the Spokesman for the Secretary-General on Ukraine
The Secretary-General strongly condemns today's rocket attack on the city of Mariupol, which reportedly killed dozens of
civilians and left over one hundred injured. He notes that rockets appear to have been launched indiscriminately into civilian
areas, which would constitute a violation of international humanitarian law.
The Secretary-General further denounces yesterday's unilateral withdrawal from the cease-re by rebel leadership, and
particularly their provocative statements about claiming further territory. This constitutes a violation of their
commitments under the Minsk accords.
The Secretary-General urges all concerned to redouble their efforts to revive the Minsk accords. Ukraine's peace,
territorial integrity and stability, intrinsically linked to that of the broader region, must be urgently restored.
Annex 307
U.N. Security Council Official Record, 7368th mtg. U.N. Doc. S/PV.7368 (26 January 2015)
Annex 308
U.N. Security Council, Official Record, 7368th mtg., U.N. Doc. S/PV.7368 (26 January 2015)
Annex 309
OHCHR, Report on the Human Rights Situation in Ukraine (1 December 2014 to 15 February
2015).
Office of the United Nations High Commissioner for
Human Rights
Report on the human rights situation in Ukraine
1 December 2014 to 15 February 2015
CONTENTS
I. EXECUTIVE SUMMARY 3
II. RIGHTS TO LIFE, LIBERTY, SECURITY AND PHYSICAL
INTEGRITY 7
A. Casualties 8
B. Evacuation of civilians 8
C. Alleged summary, extrajudicial or arbitrary executions 9
D. Illegal and arbitrary detention, enforced disappearance, and torture
and ill-treatment 9
E. Measures limiting movement in and out of the conflict area 11
III. ECONOMIC AND SOCIAL RIGHTS 12
A. Social welfare, food, health, education 12
B. The situation of internally displaced persons 14
IV. OTHER HUMAN RIGHTS ISSUES 15
A. Right to peaceful assembly 15
B. Freedom of expression 15
C. Women’s rights and gender issues 16
D. Rights of minorities and groups facing discrimination 17
V. ACCOUNTABILITY 17
VI. LEGISLATIVE DEVELOPMENTS AND INSTITUTIONAL REFORMS 20
VII. HUMAN RIGHTS IN THE AUTONOMOUS REPUBLIC OF CRIMEA 23
VIII. CONCLUSIONS AND RECOMMENDATIONS 25
I. EXECUTIVE SUMMARY
1. This is the ninth report of the Office of the United Nations High Commissioner for
Human Rights (OHCHR) on the situation of human rights in Ukraine based on the work of
the Human Rights Mission in Ukraine (HRMU)1. The report covers the period from
1 December 2014 to 15 February 2015. The report presents the outstanding and emerging
human rights challenges in the eastern regions of Ukraine and in the Autonomous Republic of
Crimea2 (hereafter Crimea) as well as other parts of the country. It considers the human rights
situation of all population groups affected by the ongoing current conflict and political
developments, including internally displaced persons and other vulnerable groups.
2. The impact of the conflict on the human rights of those living in areas affected by the
fighting in the eastern regions is dramatic and frequently life threatening in areas where
fighting and indiscriminate shelling take place. OHCHR calls for intensified efforts by all
parties to the conflict to achieve a peaceful solution and to comply fully with the Minsk
agreement, and allow civilians remaining in areas affected by fighting to be evacuated on a
voluntary basis. Statements by representatives of armed groups rejecting any ceasefire
agreement and to scale-up offensives have been deeply worrying3. It is imperative that
indiscriminate shelling of civilian areas and targeting of civilians and civilian property and
infrastructure must cease immediately.
3. Non-implementation of all the provisions of the Minsk agreement concluded in
September 2014 has had a serious impact on the human rights situation, especially the number
of civilians killed and wounded and persons displaced. The situation in numerous localities
affected by fighting has been characterized by the increasing use of heavy and sophisticated
weaponry, including multiple launch rocket systems (MLRS), new offensives in several areas
and indiscriminate shelling. Credible reports indicate a continuing flow of heavy weaponry
and foreign fighters throughout the reporting period, including from the Russian Federation,
into areas of the Donetsk and Luhansk regions controlled by armed groups. This has sustained
and enhanced the capacity of armed groups of the self-proclaimed ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’4 to resist Government armed forces and to launch
new offensives in some areas, including around the Donetsk airport, Mariupol and
Debaltseve.
4. The peace talks on 11-12 February 2015 in Minsk resulted in agreement, inter alia, to
a new ceasefire starting from 15 February; the withdrawal of heavy weaponry from the
contact line; the establishment of 50-140 km security zone; and the withdrawal of foreign
armed formations, mercenaries and weapons from the territory of Ukraine. OHCHR
welcomes the provision regarding an ‘all for all’ release of hostages and unlawfully detained
persons. OHCHR has advocated for this at the highest levels with representatives of the
armed groups, Government and the facilitators. Regarding the provision on amnesty for those
involved in the conflict, OHCHR reiterates the long-standing position of the United Nations
that amnesty must not be granted for international crimes, including gross violations of
international human rights and humanitarian law.
5. Following a relative lull in the hostilities in December under the ‘silence regime’, the
security and human rights situation in the east dramatically deteriorated in January and early
February 2015.
1 The Human Rights Monitoring Mission in Ukraine has evolved into the Human Rights Mission in Ukraine due
to its enhanced work, which includes technical cooperation.
2 The United Nations’ position on the status of the Autonomous Republic of Crimea is guided by General
Assembly resolution 68/262 of 27 March 2014 on the Territorial Integrity of Ukraine.
3 The ‘prime minister’ of the self-proclaimed ‘Donetsk people’s republic’, Aleksandr Zakharchenko, stated in
January that they would continue to push back government forces to the limits of the eastern Donetsk region.
“Attempts to talk about a ceasefire will no longer be undertaken by our side,” he said.
4 Hereafter ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’.
g y y y
. In areas of hostilities, there is continuing and indiscriminate shelling of highly
populated civilian areas by all parties and an escalating toll of civilian casualties killed and
injured on a daily basis, including women, children and elderly people.
From mid-April 2014
until 15 February 2015, at least 5,665 people were killed (including 298 from MH-17 flight)
and 13,961 were wounded in the east of Ukraine5.
6. Heavy civilian tolls of dead and wounded have resulted from indiscriminate shelling
of residential areas in both Government-controlled areas, such as in Avdiivka, Debaltseve,
Popasna, Shchastia and Stanychno Luhanske, as well as cities controlled by the armed groups,
including Donetsk, Luhansk and Horlivka. On 13 January, 13 civilians were killed and 18
wounded, when a bus was hit by an MLRS GRAD rocket at a Ukrainian checkpoint near the
Government controlled town of Volnovakha. At least 31 people were killed, including 2
children, and 112 wounded in the Government controlled city of Mariupol, following deadly
attacks on 24 January by multiple launch rocket systems. An intensification of hostilities was
evident immediately prior to the February peace talks. On 10 February seven civilians were
killed and 26 injured in attacks on Kramatorsk, the headquarters of Ukraine’s ‘anti-terrorism
operation’.
7. The fighting and indiscriminate shelling have caused heavy damage to civilian
property and vital infrastructure, leaving civilians in highly precarious situations and often
without electricity, gas, heating, water or food. Hospitals, schools and kindergartens were hit
by shelling of residential areas, including in Avdiivka, Donetsk city, Horlivka, Luhansk,
Mariupol and other settlements, raising suspicion that civilian objects have been targeted or at
the minimum indiscriminate shelling of such areas had been conducted in the knowledge of
and with stark disregard for international humanitarian law and civilian lives.
8. Despite welcome steps by the Government of Ukraine to continue to supply gas and
electricity to some of the areas held by the armed groups, the impact of the destruction in
these areas is severe in freezing winter temperatures, particular affecting older persons,
persons with disabilities and others with limited mobility. Many civilians have remained
trapped in conflict zones. Locally agreed ceasefires and evacuation efforts have been
inconsistent and reports suggest inadequate evacuation modalities, including provision of
transport and other assistance, have been made available by the Government or by armed
groups in areas under their control. Civil society volunteers continued to play a vital role in
the evacuation of civilians. Many persons remaining in areas controlled by armed groups lack
the capacity, resources or assistance to leave such areas voluntarily.
9. Evacuees interviewed by the HRMU highlighted the lack of information on
evacuation opportunities and further steps. Some said that they had to arrange their own travel
out of the conflict zone, although there was an organized evacuation from some towns. As of
12 February, the Ministry of Social Policy reported that since 24 January, 1,898 children had
been evacuated from the immediate vicinity of fighting in Donetsk and Luhansk regions.
Many of these children were unaccompanied and the HRMU emphasizes the importance of
keeping families together wherever possible.
10. Guaranteeing the protection of those who live within the conflict-affected area must be
the highest priority. Thousands of civilians remain trapped in locations including Debaltseve,
sheltering in basements and lacking drinking water, food, heating, electricity and basic
medical supplies. Evacuations have been hampered by lack of information and consistent
shelling. A ceasefire agreement on 6 and 7 February allowed many hundreds to leave
Debaltseve and adjacent villages. However, according to some of the evacuees, approximately
5 This is a very conservative estimate by the HRMU and the World Health Organization based on available data.
These totals include casualties within the Ukrainian armed forces as reported by the Ukrainian authorities and
casualties reported by civil medical establishments of Donetsk and Luhansk regions: civilians and some
members of the armed groups (without distinguishing them). The actual number of casualties is likely to be far
higher since military and civilian casualties remain under-reported.
p p y p g
20 per cent of the original 26,000 residents have remained in the area, mostly older persons,
but also some families with children. Electricity, water and telephone connections are
disrupted and people have little food. Some underground shelters are reportedly now flooded
and unusable.
11. On 11 January 2015, the State Security Service of Ukraine (SBU) announced the
introduction of a temporary order to regulate travel in and out of the conflict area, which
became effective on 21 January6. This requires that movement into and out of the areas
controlled by armed groups must be through seven government-designated transport
corridors. Furthermore, special passes are required based on the necessity to travel and may
be refused, including on grounds related to national security or public order. IDPs reported
inconsistent practice and corruption in securing the vitally needed passes to leave the area of
armed conflict. This temporary order is particularly concerning in light of the Government
decision in November 2014 to discontinue providing State services in the territories controlled
by armed groups, which has had a severe effect on the most vulnerable groups, such as older
people, mothers with young children and persons with disabilities, who depend heavily on
social benefits. For humanitarian reasons the Government continues to supply gas and
electricity to the areas under the control of armed groups. On 26 January, the Government
introduced an ‘emergency situation’ regime in Donetsk and Luhansk and a state of ‘high alert’
throughout the rest of Ukraine. OHCHR notes that this does not diminish the human rights
obligations of the State.
12. Ensuring the safety and security of persons, as well as access to humanitarian aid for
vulnerable persons, and non-discriminatory delivery of humanitarian aid are therefore critical
concerns. The United Nations and other humanitarian organizations continue to seek
assurances of free and unimpeded access to all areas to perform their essential humanitarian
functions.
13. In many locations, reception centres for internally displaced persons (IDPs) are
overwhelmed, under-resourced and unprepared for potentially high levels of expected new
arrivals. Since the beginning of hostilities in April 2014 there has been massive displacement.
On 13 February, the Ministry of Social Policy reported that the number of registered IDPs had
exceeded one million people. According to UNHCR, 60 per cent of IDPs are pensioners7.
Those internally displaced by recent fighting commonly flee their homes with very few
possessions, inadequate warm clothing and with few financial resources. 14. humanitarian law have persisted over the reporting period. Credible reports of arbitrary
armed groups and the Government.
The HRMU interviewed victims and verified numerous
accounts of acts that may amount to torture or other cruel, inhuman or degrading treatment or
punishment. The arbitrary detention of civilians regrettably remains a feature of the hostilities,
including for the purpose of prisoner exchanges. In areas controlled by the armed groups,
‘parallel structures’ have been established and the break down in law and order in these areas
6 Temporary Order on the control of movement of people, transport vehicles and cargoes along the contact line
in the Donetsk and Luhansk regions.
7 Many reportedly continue to live on the territories controlled by the armed groups and register as IDPs in
Government-controlled areas for the sole purpose of receiving social payments. The Cabinet of Ministers issued
an unofficial instruction to regional offices of social protection to check actual places of residence, but the local
authorities informed the HRMU that they lack capacity to conduct such checks.
y
p , q g They are
consequently entirely reliant on assistance provided by the Government, the self-proclaimed
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, the United Nations,
international and national humanitarian actors and volunteers.
Allegations of violations of international human rights law and international
detentions of civilians, torture and enforced disappearance have been alleged against the
accommodates persistent violations of the rights of civilians, including abductions, arbitrary
detention, beatings and alleged torture.
15. Following a Presidential decree on the fourth wave of mobilization on 19 January
2015, there were public appeals against mobilization. Local groups organized rallies and tried
to block conscription offices in several towns. Subsequently a wave of anti-mobilization
protests took place in numerous Government controlled areas, particular in Severodonetsk,
Kramatorsk, Mariupol, several villages in Zaporizhzhia, Odesa, Volyn and Ivano-Frankivsk
regions. In some cases people were prevented from protesting, facing opposition from other
groups and rival activists. In most cases no violence was reported. Criminal charges have
been brought against some individuals who openly oppose mobilization. Conscientious
objection to military service should be respected by the authorities, with opportunities
provided for non-armed service.
16. humanitarian law.
17. Measures to achieve accountability for grave human rights violations committed
during the Maidan protests, in which at least 104 demonstrators and 13 law enforcement
officers were killed, and in 2 May violence in Odesa when 48 persons were killed, remain
inadequate with poor progress over the reporting period. According to the Prosecutor General,
the main obstacle impeding investigations into the Maidan violence remains the impossibility
to locate suspects who fled Ukraine and the lack of expertise in investigating this type of
cases. Regarding the 2 May violence in Odesa similar obstacles prevail and there is no
measurable result into the investigation of police and fire brigade negligence.
18. During the reporting period the Government continued to develop the human rights
strategy for Ukraine; a working group was established to amend the law on lustration of
public officials; and a national anti-corruption bureau was established. On 29 January,
Parliament registered a draft law establishing criminal responsibility for public calls to avoid
mobilization, which, if adopted, may contravene the rights to freedom of opinion and
expression and freedom of peaceful association.
19. The United Nations’ position on the status of the Autonomous Republic of Crimea is
guided by General Assembly resolution 68/262 of 27 March 2014 on the Territorial Integrity
of Ukraine. The situation in the Autonomous Republic of Crimea8 continues to be
characterized by systematic human rights violations affecting mostly Crimean Tatars and
those who opposed the March ‘referendum’. The application of Russian Federation laws,
which contravene resolution 68/262, also has human rights implications. Arrests and
detention of Crimean Tatar activists on charges related to demonstrations and disruption of
the activities of their civil society organizations and media outlets on the grounds of
prevention of ‘extremist activities’ have been evident. Arrests, prosecution and deportation of
Crimean Tatar leaders, including leaders of the Crimean Tatar Mejlis and the Committee on
the Protection of the Rights of the Crimean Tatars, have been criticized by Crimean Tatar
leaders and those affected as politically motivated.
20. The exercise of the rights to freedom of opinion and expression and of peaceful
on the freedom of religion or belief in Crimea due to restrictive registration requirements.
This situation, and instances of police raids on places of worship, has created anxiety among
8 Hereafter referred to as Crimea.
Little progress has been made in achieving accountability p g g y for violations of human
rights committed in the context of the continuing conflict in the eastern regions of Ukraine.
While recognizing challenges due to the ongoing conflict, the HRMU urges that all possible
steps be taken to pursue investigations and prosecutions as appropriate, including into
possible international crimes and gross violations of international human rights and
, y p ,
A
q p p g p g p g ,
p g g p y
assembly continued to be curtailed, particularly for Crimean Tatars. Limitations are imposed
the religious groups and questioned the commitment of the de facto authorities in Crimea to
the protection of religious freedoms. In addition, on 26 December 2014 the Government of
Ukraine stopped train and bus connections from mainland Ukraine into Crimea, which
particularly affects older persons and persons with disabilities, on the grounds of ensuring the
safety of passengers and to prevent the penetration of ‘subversive groups’ from the peninsula.
II. RIGHTS TO LIFE, LIBERTY, SECURITY AND PHYSICAL INTEGRITY
Armed hostilities
21. The ‘silence regime’ between Ukrainian armed forces and armed groups declared on 9
December 2014, resulted in several weeks of relative calm. In January 2015, usage of tanks,
heavy artillery and multiple launch rocket systems (MLRS) resumed and spread to populated
areas along or near the line of contact. From mid-January, armed hostilities escalated to a
degree unseen since the 5 September Minsk agreement. Major flashpoints were the Donetsk
airport, the nearby village of Pisky and the town of Avdiivka; areas around the town of
Debaltseve and cities of Horlivka and Mariupol (Donetsk region); and the town of Shchastia
and the village of Stanychno Luhanske (Luhansk region). On 10 February, the Ukrainian
forces launched an offensive east of Mariupol, seizing control of several settlements. By 15
February, a number of Ukrainian units in Debaltseve ‘pocket’ (including the town and
surrounding areas) were cut-off from the main Government-controlled territories.
22. The peace talks held on 11 and 12 February in Minsk resulted in agreement, inter alia,
to a ceasefire to enter into force from 15 February; the withdrawal of heavy weaponry from
the contact line; the establishment of a 50-140km security zone; and withdrawal of foreign
armed formations, mercenaries and weapons from the territory of Ukraine. OHCHR
welcomes the provision regarding an ‘all for all’ release of hostages and unlawfully detained
persons. OHCHR has advocated for this at the highest levels. Regarding the provision on
amnesty for those involved in the conflict, OHCHR reiterates the long-standing position of
the United Nations that amnesty must not be granted for international crimes, including gross
violations of international human rights and humanitarian law.
23. Indiscriminate shelling of populated areas, both Government-controlled and those
controlled by the armed groups continued to be widespread. Although, in some cases,
imprecise targeting of military positions occurred in the immediate vicinity of built-up areas
(especially in Debaltseve area), there were also numerous cases of shelling of residential areas
not located near military positions.
24. On 13 January, 13 civilians were killed and 18 wounded, when a bus was hit at a
checkpoint near the Government-controlled town of Volnovakha (Donetsk region). The bus
was hit by a MLRS ‘Grad’ rocket launched from territory controlled by the ‘Donetsk people’s
republic’. On 24 January, at least 31 people were killed and 112 wounded following MLRS
attacks on the city of Mariupol (Donetsk region). The rockets were allegedly fired from the
territory controlled by the ‘Donetsk people’s republic’. On 4 February, a hospital in the city of
Donetsk held by the armed groups, was hit with six people killed and wounding 25. The
MLRS rockets reportedly came from areas controlled by the armed groups.
25. On 22 January, at least 13 civilians were killed and 12 wounded in Donetsk, most of
of residential areas to the Ukrainian armed forces. In January and February 2015, several
g calm
.
y g p , p p
them after a trolleybus and public transport stop were hit by mortars. On 29 January, eight
civilians were killed and 19 wounded amidst heavy shelling in city of Horlivka held by the
armed groups. The armed groups attributed responsibility for these and other cases of shelling
cases of usage of cluster munitions were reported. It is imperative that reports of shelling of
residential areas (either by conventional or prohibited weapons) be investigated promptly. In
all cases, verification of the origin of the attacks remains required. All possible measures must
be undertaken to prevent civilian casualties and the targeting of civilians.
A. Casualties
26. Between 1 December 2014 and 15 February 2015, at least 1,012 people were killed
and at least 3,793 were wounded in the conflict area of eastern Ukraine. Due to the dramatic
escalation of hostilities (13 January – 15 February), at least 842 deaths were reported,
including at least 359 civilians. Of at least 3,410 reported wounded during this period, at least
916 were civilians. From mid-April 2014 to 15 February 2015, at least 5,665 people
(including at least 375 women9 and 63 children) were killed and at least 13,961 (including at
least 630 women10 and 159 children) were wounded. These totals include Ukrainian armed
forces (at least 1,756 killed and 5,505 wounded); 298 from flight MH-17; and casualties
reported by medical establishments: at least 2,420 killed and 4,919 wounded in the Donetsk
region, and at least 1,185 killed and 3,573 wounded in the Luhansk region. Casualties
reported by medical establishments include civilians and some members of the armed
groups11.
27. Many of those killed (especially members of armed groups) have been buried without
being taken to morgues, and insecurity prevented many wounded people from accessing
medical establishments. Hundreds are considered missing with numerous bodies pending
recovery and identification. Through interviews conducted in the Lviv region, HRMU noted
the lack of an effective system to inform relatives of deceased Ukrainian servicemen about
their rights and entitlements prescribed by the law. Moreover, family members of the missing
and captured servicemen also report lack of information from and contact with the relevant
authorities.
B. Evacuation of civilians
28. Since the upsurge in hostilities in late January, the State Emergency Service of
Ukraine has reported evacuations of civilians from residential areas in the vicinity of the
armed conflict, including Avdiivka, Debaltseve and Svitlodarsk in Donetsk region and
Chornukhyne, Popasna and Shchastia in the Luhansk region. According to Government
figures, the overall number of evacuated civilians from 28 January until 13 February was
8,429 people, including 1,923 children and 265 persons with disabilities. The armed groups
have also reported evacuations, including of some 1,100 civilians, mainly older persons and
children, from Vuhlehirsk (Donetsk region) and 272 people from the village of Chornukhyne
and nearby areas (Luhansk region) to safe locations in territories under their control.
29. Evacuations were hampered by constant shelling of Government controlled territories
and evacuation routes. Reports suggest that some incidents of shelling coincided with the
evacuation of civilians and may have been targeted to prevent it. In view of the temporary
order regulating transit across the line of contact and the requirement for individuals to have
an official pass, the State Emergency Service indicated to the HRMU that evacuations were
conducted with a simplified procedure that did not require passes. Individuals making their
own way out of territories controlled by armed groups continue to require the official passes,
9 Breakdown of casualties by sex is not available for the Luhansk region and is not reported by medical
establishments.
As in footnote 9.
11 As in previous reports, these are conservative estimates by the HRMU and the World Health Organization
(WHO) based on the available official data. Actual fatalities are probably much higher. Military casualties
remain under reported by the Ukrainian Government and by the armed groups and there is evidence that some
killed and wounded members of the armed groups have been taken to the Russian Federation.
, g q
although some people described inconsistent enforcement of requirements and incidents of
the payment of bribes at border crossings.
30. The HRMU monitored reception and transit points for evacuees in Kharkiv,
Dnipropetrovsk and Kyiv. Evacuees informed about problems they had encountered,
including a lack of information about evacuation opportunities, especially for those living in
the suburbs of towns where organized evacuations were conducted. Due to the constant
shelling, people were frequently hiding in basements with no electricity or communication
with the outside world. Some were not aware of organized evacuations and had to find ways
to leave by their own means. The HRMU is aware of some cases when civilians had to walk
to adjacent villages and cities in order to be evacuated, because neither volunteers nor
authorities could reach their settlements due to intensive fighting. Civil society volunteers
continued to play a vital role in the evacuation of civilians and many have relied heavily on
their assistance provided at great personal risk to themselves.
31. Evacuation from social care institutions is particularly difficult as many patients,
mostly older persons, have not consented to evacuation. High numbers of bedridden persons
who require special assistance or transportation also remain in conflict-affected areas.
Members of armed groups have on several occasions stated that they will not allow the
evacuation of people from such institutions to Government controlled areas. They have also
demanded the return to Donetsk of 260 orphans who were evacuated in the summer of 2014.
In addition, no steps have been taken for the evacuation of inmates of the penitentiary system.
C. Alleged summary, extrajudicial or arbitrary executions
32. A number of media reports and social media postings of videos have raised concern
over possible incidents of summary, extrajudicial or arbitrary executions. On 24 January,
armed groups claimed control over the settlement of Krasnyi Partyzan (30 km north of
Donetsk), which had been previously controlled by the Ukrainian armed forces. The video
footage made by the armed groups soon after the fight for the settlement and disseminated
through social media gives grounds to allege the execution of up to three Ukrainian
servicemen taken captive in Krasnyi Partyzan. Following fighting for Donetsk airport in
January and the subsequent taking of the airport by armed groups of the ‘Donetsk people’s
republic’, media reports suggested that the bodies of Ukrainian military personnel were found
in the airport with “their hands tied with white electrical cable.”12 OHCHR underlines that all
evidence of summary, extrajudicial or arbitrary executions must be fully investigated and
perpetrators prosecuted without the possibility of amnesty.
D. Illegal and arbitrary detention, enforced disappearance, and torture and illtreatment
By the armed groups
33. Estimates of the number of people held by armed groups vary continuously and reflect
the constantly evolving pattern of detentions and releases. Several hundred were thought to be
detained at any given time between December 2014 and mid-February 2015. On 9 December,
the Head of the Security Service of Ukraine (SBU) Main Investigative Department stated that
684 people were held by armed groups. On 11 December, the non-governmental organization,
The Centre for Release of Captives estimated the number of people held by the armed groups
to be 632. In addition to Ukrainian servicemen (as of 25 January, the Ukrainian Government
estimated the number still held as 184), people held by the armed groups include those
suspected of ‘subversive’ activities. On 22 January, the ‘head’ of the ‘Donetsk people’s
republic’ declared that up to five Ukrainian ‘subversives’ aged between 18 and 35 were
12 See http://blogs.channel4.com/alex-thomsons-view/bodies-shells-snow-ruins-donetsk-airport/8993
detained every day. On 22 January, a dozen Ukrainian servicemen captured at Donetsk airport
were forced to march through the streets of Donetsk. Several were physically assaulted by an
armed group commander and by onlookers.
34. As of 4 February, civilians held by armed groups are estimated by the Government of
Ukraine to number over 400. Some are held for minor offences and substance abuse.
However, civil society activists, journalists and staff of international NGOs continue to be
illegally detained. A Donetsk-based journalist was abducted on 8 January while observing a
‘humanitarian convoy’ from the Russian Federation and released on 7 February. On
31 January, a freelance journalist was abducted in Donetsk. His whereabouts were unknown
as of 15 February.
35. On 30 December, according to the ‘prosecutor general’s office’ of the ‘Luhansk
people’s republic’, a ‘criminal case’ was initiated against armed group commander Aleksandr
Biednov (call sign ‘Batman’) and his subordinates for illegal detention and torture resulting in
the death of a detainee. On 2 January, videos were released showing members of Biednov’s
group who confessed to running a facility in the basement of a university library in Luhansk
and taking part in the ill-treatment of captives. The ‘head’ of the facility (call sign ‘Maniac’)
allegedly used a hammer to torture prisoners and surgery kit to scare and extract confessions
from prisoners.
36. The Ukrainian female pilot, Nadiia Savchenko, Member of the Parliament of Ukraine
(since November 2014) and Ukrainian delegate to Parliamentary Assembly of the Council of
Europe (since December 2014), has been in detention in the Russian Federation since July
2014 after being reportedly captured by armed groups in June. She is awaiting trial on charges
of involvement in the deaths of two Russian journalists killed during the conflict in eastern
Ukraine. On 10 February 2015, the Basmanny court in Moscow extended her pretrial
detention until 13 May. A motion to have her released on bail was rejected. She has now been
on hunger strike since 13 December and reportedly is being kept in solitary confinement in
the Matrosskaya Tishina detention centre in Moscow. On 9 February, EU foreign ministers
launched a plea for the Russian Federation to release her.
By the Ukrainian Government
37. Ukrainian law enforcement agencies continued to report on the detention of people
suspected of separatism and terrorism. On 10 December, the SBU announced that since
March 2014, it was carrying out over 3,000 criminal proceedings related to crimes against
national and public security. In the context of these proceedings, 1,043 people had reportedly
been notified of being officially
suspected; of them, 703 people had been arrested and 198
indictments (in relation to 254 people) had been submitted to the courts13. Information
received by the HRMU from the detainees, their relatives and lawyers reveals a pattern of
enforced disappearances, secret detention and ill-treatment by Ukrainian law enforcement
agencies in the security operation area and adjacent territories.
38. In December 2014, the HRMU interviewed a man who was unofficially detained by
unidentified Ukrainian servicemen and allegedly severely beaten for several days. Another
detainee claimed to have been beaten by SBU officers and kept in incommunicado detention
where he met detainees who had been beaten and subjected to mock executions. A freelance
journalist claimed that during his detention and SBU interrogation, masked men forcefully
raised his handcuffed arms behind his back and hung him in that position urging him to
confess to working for the Russian secret services. Several other detainees interviewed by the
HRMU alleged incommunicado detention and ill-treatment that may amount to torture.
39. As of 15 January, a joint database of the civil society initiatives included 37 cases of
people who had disappeared on the territory controlled by the Ukrainian armed forces. These
13 It shall be noted that exactly the same figures were released by the SBU on 22 January 2015.
g p
cases had been filed by relatives, some of whom reportedly saw missing persons being
detained by people in military uniform.
40. On 17 December, the pro-federalism activist Ignat ‘Topaz’ Kromskoi was reported by
the SBU to have been detained at the Ukrainian/Russian Federation border. He had previously
been detained and formally released from custody by a Kharkiv court on 12 September,
however he was taken away from the court room by the same guards who brought him there
and no one saw him free afterwards. His location was officially unknown and he was put on a
wanted list14. On 18 December 2014, during a court hearing to decide on his measure of
restraint (he was detained for two months), Mr Kromskoi stated that from 12 September until
17 December he had been held incommunicado in cell No. 5 of an SBU building in Kharkiv
(the SBU denies the existence of this facility). He claimed that he had taken a hidden video of
the cell, and had left notes on the walls, as well as hair and other traces to confirm his
presence there. According to him, on 17 December, the SBU took him from his cell, put him
on a bus and, as it approached the border, he was officially arrested. On 22 January, he
informed the HRMU of his alleged secret detention. He said he saw up to 90 other people
kept there. The HRMU also received other testimonies alleging the existence of this illegal
detention facility in Kharkiv. Regarding this issue, the SBU has denied the allegations of a
secret detention facility in Kharkiv.
Exchanges of detainees and captives
41. Exchanges of detainees and captives have continued over the reporting period. On 26
December, an exchange took place of 222 persons released by the Ukrainian Government in
exchange for 145 persons (members of voluntary battalions, National Guard, civilian
volunteers and civilians; all men) released by the armed groups. The exchange included
persons whose cases were followed by the HRMU and who allege secret and incommunicado
detention and ill-treatment while in custody. On 27 December and 2 and 5 January, at least
ten people were released by the Ukrainian Government and 16 captives were released by the
armed groups. On 6 January, there was reportedly the exchange of new lists of people for a
future exchange in the coming weeks. According to ‘the ombudsperson’ of the ‘Donetsk
people’s republic’, the armed groups requested to release 168 members of the armed groups
and 380 ‘political prisoners’. Detention of persons not associated with the conflict for the
purpose of exchanges has been reported. In February, representatives of the armed groups
reiterated their intention to conduct exchanges based on ‘serviceman to serviceman’. The
HRMU received information that some exchanged detainees were not given back their ID
documents. On 11-12 February, it was agreed in Minsk to “ensure the release and exchange of
all hostages and illegally detained persons based on ‘all for all’ principle”.
E. Measures limiting movement in and out of the conflict area
42. On 21 January 2015, a temporary order regulating travel into and out of the conflict
area came into effect.
With reference to national security concerns, it limited the movement
of civilians, passenger and cargo vehicles to seven corridors in the Donetsk and Luhansk
under the control of armed groups;
a valid passport; and a copy of a document justifying the
necessity to travel (e.g. proof of residence; proof of illness of a relative; certificate of
14 Mr Kromskoi is suspected of committing crimes under articles 28 and 294 (participation in mass disorders
accompanied by pogroms, arson and destruction of property), article 110 (encroachment on the territorial
integrity of Ukraine) and articles 28 and 289 (illegal seizure of the vehicle) of the Criminal Code of Ukraine.
15 Temporary order on control of the movement of people, transport vehicles and cargos along the contact line in
Donetsk and Luhansk regions.
y 15, p y g g
regions. The order also introduced special passes issued at ‘coordination centres’ located in
four district police departments. Those wishing to travel are required to provide their itinerary
and duration of stay in the area – whether it be in Government-controlled territory or territory
employment, etc.). The HRMU was informed of various problems in implementing the order:
hotlines providing information on the procedures could not be reached or did not work; passes
were not provided to offices authorized to issue them; coordination centres were
overwhelmed with up to 3,000 applications in each in the first days of their operation. Lack of
a specific provision for civilians wishing to move solely due to security concerns largely left
such crossing at the discretion of local security officers, frequently leading to the payment of
bribes. No legal procedure has been established to appeal against the refusal to issue a pass.
43. Civilians living in and wishing to leave territories controlled by armed groups have to
travel to the checkpoints at least twice: to submit documents and to receive a pass. They have
faced constant danger as shelling and attacks on Ukrainian checkpoints intensified. On 26
January, at a checkpoint near Mariinka, an explosive device in a car went off killing the driver
and one Ukrainian soldier. Mortar shelling began simultaneously. The discontinuation of
State services16, including postal service, in areas controlled by armed groups added to the
difficulty of providing required documents. No alternative provisions were envisaged for
people whose identification documents were lost or taken away, which is a widespread
problem. Interviews conducted indicate that some people who experienced problems
obtaining passes to leave via the line of contact are leaving the conflict zones through the
Russian Federation territories and then having to bribe Ukrainian border officials to re-enter
Ukraine (some paying 10 times the official fine of UAH 170). On 27 January, the
Commissioner of the President of Ukraine for Children's Rights announced that families with
children may leave the territories without a special pass and reports received by the HRMU
indicate that this has been the case.
III. ECONOMIC AND SOCIAL RIGHTS
44. The impact of the conflict on the enjoyment of economic and social rights has been
devastating for those living in conflict-affected areas and internally displaced persons, in
particular women, children, older persons and persons with disabilities. An escalation in the
hostilities since January 2015, including heavy and indiscriminate shelling, has caused, in
addition to the increased numbers of casualties, significant additional displacement,
destruction of infrastructure and housing, leading to the almost total economic and
infrastructure breakdown in some of the worst affected localities. Since 10 January, at least 27
schools, kindergartens and hospitals have been damaged, in some cases leading to casualties,
both in towns controlled by both the Government and armed groups. In the towns regularly
shelled, at least 50 residential buildings are damaged on a weekly basis. As of 15 February, 77
settlements in the conflict affected area with approximately 202,000 residents remained
completely without electric power supply and heating. Due to the shelling of water facilities,
461,350 people in Donetsk region and 86,862 people in Luhansk region do not have access to
safe drinking water.
A. Social welfare, food, health, education
45. The payment of salaries, pensions and social benefits for those living in territories
controlled by the armed groups stopped in November 2014, making it difficult for local
residents to purchase essential goods. At the very least, 600,000 pensioners17 in Luhansk and
16 Pursuant to the Presidential Decree ‘On Immediate Measures aimed at the Stabilization of the Socio-Economic
Situation in Donetsk and Luhansk Regions’ as of 14 November 2014 enacting an earlier decision of the National
Security and Defence Council of Ukraine.
17 The estimates are very conservative and the actual number affected is likely to be higher. In Ukraine
‘pensioners’ include not only the elderly but also other categories, for example persons with disabilities.
Donetsk regions have been left without regular income due to the cessation of the allocations
from the State budget. Often the only income, its termination makes these persons extremely
vulnerable. As described below, many pensioners had to register as IDPs in order to receive
pensions while still living in areas controlled by the armed groups.
46. Access to food is increasingly challenging in conflict-affected areas and humanitarian
actors have expressed their concern about their impeded access to the conflict area.
Humanitarian actors reported that they have supplies in warehouses, while access to areas of
need is hampered by roads being closed, due to shelling and restrictions imposed on the
Government side of the line of contact. In December 2014, some battalions of the Ukrainian
armed forces - ‘Dnipro-1’, ‘Donbas’ and ‘Kryvbas’ - blocked access of a humanitarian
organization to the areas controlled by armed groups, demanding the release of prisoners held
by armed groups. On 29 January, the volunteer initiative, ‘Humanitarian Mission of Aid to the
Civilians from Conflict Area’, noted that due to the new rules, it has become more difficult
for Ukrainian volunteers to deliver aid. It is reportedly difficult to provide the package of
documents required by customs services. In Artemivsk, a control point for cargo transport,
trucks are reportedly held up for several days. It is also difficult to pass through other control
points: Stanychno Luhanske, Shchastia, Avdiivka; the latter has been regularly shelled.
47. On 30 January, the Cabinet of Ministers issued Decree No. 2118, regulating the
provision of humanitarian aid to residents of Donetsk and Luhansk regions. However, it does
not provide clear guidance on how to deliver aid to conflict affected areas and does not
facilitate the efforts of humanitarian actors, as was its intention. Child and infant nutrition is a
constant need in all conflict-affected areas as well as in IDP centres. The November 2014
Presidential Decree ending Government financing of State institutions, such as hospitals, in
territories controlled by armed groups has potentially serious implications for a wide range of
economic and social rights. It is recalled that Ukraine has continuing obligations to the
realization of such rights as a party to the International Covenant on Economic, Social and
Cultural Rights (ICESCR).
48. In January, most hospitals in conflict affected territory remained open but reported
severe shortages of various drugs, particularly painkillers, antibiotics and other essential
medical supplies. Patients suffering from chronic conditions, including HIV/AIDS, TB and
drug dependency are likely to run out of essential medicines upon which their lives depend.
49. Penitentiary institutions, nursing homes, psycho-neurological and other facilities
continue to function albeit without State financing and depend entirely on humanitarian aid.
Humanitarian actors report a constant shortage of medicine and hygiene kits. The situation is
particularly dire in the psycho-neurological facilities due to a severe shortage of drugs crucial
for its patients. On 30 January, the HRMU learned that 2,332 persons remain in the
institutional care of such facilities in territories controlled by the self-proclaimed ‘Luhansk
people’s republic’. According to Ukrainian ministries, 577 children remain in orphanages and
some 5,000 children in family foster care in territories controlled by armed groups.
50. Access to education in conflict-affected areas has been severely curtailed. School
buildings have been damaged and heating and power cut-off, forcing schools in many towns
to close. As of 15 February, all schools in Donetsk city were closed. In Horlivka 16 schools
and four kindergartens were reported to have been damaged by shelling. Numerous education
sector workers have left the eastern regions. As of 13 February, in ‘Luhansk people’s
republic’ all schools and kindergartens were reported to be closed. Evacuees interviewed by
the HRMU reported that schools have not been functioning for over three weeks in towns
controlled by the Ukrainian Government in the conflict area due to shelling.
18 This resolution was adopted according to the Presidential decree as of 14 November (on urgent measures for
the east and relocation of state institutions) by which the President instructed the Cabinet of Ministers to adopt
the procedure on provision of the humanitarian aid and its marking with state symbols.
51. The Ministry of Education and Science of Ukraine made provisions to facilitate access
to education for students living in the areas controlled by armed groups. The enrollment of
IDP children into schools is done based on the written application from their parents with no
other documentation required. As of 15 February, 71,632 IDP children were registered in
schools of Donetsk (territories under Government contrtol), Kharkiv, Dnipropetrovsk regions
and Kyiv city. To enable children who remain in territories controlled by the armed groups as
well as Crimea to continue their education and sit exams, the registration deadline for the
independent assessment (exams required to enter universities) has been prolonged to 20 April
for school graduates from these areas.
B. The situation of internally displaced persons
52. As of 13 February the Ministry of Social Policy reported that the number of registered
IDPs in Ukraine had exceeded one million people, more than a twofold increase in their
number since the beginning of December 2014. Approximately 60 per cent of the IDPs are
reported to be pensioners. At the same time, the State Emergency Service, responsible for
accommodation of IDPs reported that the number of people displaced from the east had
reached 731,422 people as of 15 February (711,209 from Donetsk and Luhansk regions and
20,213 from Crimea), This figure includes 133,178 children and 328,770 persons with
disabilities. The discrepancy in the IDP numbers provided by the different Government
bodies may be partly explained by so called ‘pension tourism’. Government Resolution
No. 637 states that pensions are to be paid only to those who are registered IDPs residing in
the Government controlled territory. Some pensioners who still live in territories controlled
by the armed groups register with the Ministry of Social Policy to continue receiving their
pensions.
53. The accommodation capacities in regions neighbouring the conflict area are almost
exhausted. New IDPs from conflict-affected regions who arrive at locations such as Sloviansk
or Kharkiv have been encouraged by the State Emergency Service to travel to western and
southern regions of Ukraine. Authorities provide IDPs with free onward train tickets. New
arrivals have little choice but to accept them. The HRMU recalls that under international
standards, all authorities should ensure the voluntariness of the displacement process,
including respecting decisions of IDPs to travel to locations of their choice. In view of new
and potential future displacement flows, new winterized accommodation options may be
required in eastern regions and information should be provided to IDPs to assist their
decisions and ensure, to the extent possible, their right to freely decide upon the location of
their temporary resettlement.
54. In October 2014, Parliament adopted the law on IDPs, however many concerns remain
regarding their rights and welfare. While many desire an early return to their homes when
conditions allow it, recognition of the likely protracted nature of the displacement for many
IDPs is essential. The elaboration of a programme to ensure durable solutions for IDPs is
essential. IDPs unable to return to their homes must be properly integrated into other regions
of Ukraine on a voluntary basis and in full consultation with them. Article 2 of the law on
IDPs guarantees the right of a displaced person to return and to reintegration, however, it sets
no guarantees for integration in other parts of Ukraine as required by international standards,
including the Guiding Principles on Internally Displaced Persons.
55. Despite the efforts of regional authorities, IDP reception centres in many locations are
overwhelmed, under-resourced and under-prepared for possible high levels of expected new
arrivals following the upsurge in fighting in some areas and essential evacuations. IDPs and
those supporting them continue to stress their urgent needs, which include winter clothes,
hygiene kits, diapers, food and non-food items, and medicines (including for chronic
conditions). There is a lack of disease monitoring and control at IDP reception and transit
points for contagious diseases such as tuberculosis. Reports indicate that there is a lack of
shelter to accommodate people, particularly those with special needs or limited mobility, who
cannot be sent to other regions.
IV. OTHER HUMAN RIGHTS ISSUES
A. Right to peaceful assembly
56. During the reporting period, the right to peaceful assembly was generally exercised in
most of the country, with the exception of territories controlled by the armed groups and
Crimea. Nevertheless a number of prohibitions of protests by courts in Kharkiv and Odesa
regions in the name of public order and safety were reported. Public appeals for peace and
protests against mobilization gained momentum throughout Ukraine in the reporting period.
57. After the fourth wave of mobilization was announced on 14 January, there were
attempts to oppose mobilization and initiate a dialogue with State authorities in some cities,
which were then followed by anti-mobilization protests in cities including Ivano-Frankivsk,
Kyiv, Kherson, Mariupol, Odesa, Zaporizhzhia, and parts of Donetsk controlled by the
Government. In some cases protestors were opposed by rival activists, as noted in
Kramatorsk, Mariupol and in Zaporizhzhia region. A recent initiative, ‘People of Peace’,
calling for the reconciliation of two sides to the conflict, received criticism in social media
and its public events were prevented from being held on several occasions. It has also been
noted that those who oppose mobilization and the conflict report increasing antagonism
towards them. In January, the HRMU followed the cases of prosecutions of people who
publically opposed mobilization. On 29 January, Parliament registered a draft law
establishing criminal responsibility for public calls to avoid mobilization19. channels, which also invited him to participate in programmes on the situation in Ukraine,
B. Freedom of expression
58. The HRMU is concerned about continuing attacks on journalists in Ukraine,
particularly in eastern areas controlled by armed groups and in Crimea (see below). On 11
February, the State Committee on TV and Radio Broadcasting addressed the issue of freedom
of expression and protection of the rights of Ukrainian and foreign journalists in Donetsk and
Luhansk regions, as well as the Autonomous Republic of Crimea. It was stated that Donetsk and Luhansk regions due to constant threats. In addition the State Committee stated
that “there is also a large-scale and aggressive Russian propaganda campaign.”
59. In other regions of Ukraine some journalists or media offices were attacked due to
their alleged ‘separatist’ views. On 10 January, the editorial office of Slavianka newspaper in
Kharkiv, was attacked by unknown masked men who broke windows and threw Molotov
cocktails into the office. On 22 January, a journalist of a local ‘pro-federalism’ website,
19 Draft law ‘On Introduction of Amendments to the Criminal Code of Ukraine (regarding liability for public
appeals to avoid mobilisation)’ No. 1886 as of 29 January.
g p y p On 8 February, a
man who recorded a public video appeal to the President of Ukraine ‘I refuse mobilization’
and published it on ‘Youtube’ was sentenced to a 60-day detention as a preventive measure.
Criminal proceedings have been initiated against him under article 111 (high treason) and 114
(espionage) of the Criminal Code. The video was widely disseminated by several Russian TV
classified by the prosecution as ‘propaganda’. The HRMU is concerned about these measures,
which can be considered as criminalization of dissenting political views.
g , p since
March 2014, at least 78 journalists have been held by armed groups and at least 60 attacks on
media offices have been documented. Many journalists were forced to leave Crimea, and the
covering the preparatory trial hearing on the 2 May violence in Odesa, was beaten outside the
Malynovskiy city court in Odesa.
60. In other cases, journalists
were attacked for criticizing local authorities or law
enforcement officials. On 26 January, a journalist of the Internet outlet Traffic Control from
Chernihiv reported an attempt on his life, which he assumed, was related to his work on the
lustration of police serving under the Yanukovych government. On 11 February a Ukrainian
journalist from Dnipropetrovsk region working for the Russian Federal news agency and St.
Petersburg-based news agency Nevskiie Novosti was detained in Mykolaiv region for
allegedly gathering data about the defence industry of Ukraine. 0n 12 February, the central
district court of Mykolaiv ordered his detention for pre-trial investigation until 11 April under
article 111 (high treason) of the Criminal Code.
C. Women’s rights and gender issues
61. With the prolongation of the conflict and displacement, women are increasingly
vulnerable to various human rights violations and abuses both in Government and armed
group controlled areas. The economic consequences of the conflict also acutely affect women.
Those trapped in areas of fighting are at a heightened threat of sexual violence. Information
from NGOs and IDPs that young women and men are being taken off buses leaving the
conflict zone require further investigation. The HRMU is concerned that cases of violence
against women may go unreported. The NGO La Strada, which operates a national hotline,
reported only few calls related to sexual violence. Yet cases continue to emerge: one IDP
woman reported sexual violence against her by members of the armed groups and members of
an unidentified Ukrainian battalion, and remains severely traumatized.
62. Women may be at increased risk of domestic violence, as servicemen return from the
conflict area without receiving proper social and psychological services. La Strada registered
an increase in calls relating to domestic violence over the reporting period (72.2 per cent of
total calls). It reported that incidents of psychological violence are increasing in families of
IDPs, as well as within those remaining in the conflict area.
63. Women, including those internally displaced, may be at heightened risk of being
exposed to trafficking, sexual violence and resorting to prostitution as a means of survival. In
the reporting period, the HRMU became aware of cases of trafficking involving IDPs. On 19
January a man in Lviv was arrested on suspicion of allegedly recruiting four women, one Lviv
resident and three IDPs, for sex work in Israel. One of the IDPs stated that she was desperate
for any income, as it was impossible to find employment and she had to provide for her two
children. The case highlights the need for all actors working with IDPs to be alert to the threat
of trafficking facing displaced women. The International Organization for Migration was
providing services for two IDP women from Luhansk region who were allegedly in the
process of being trafficked to Turkey for sex work.
64. Some incidents of discrimination continued against the LGBTI community, especially
in the territories under the control of the armed groups. On 19 December, the HRMU
succeeded in evacuating a transgender man from the areas controlled by armed groups who
was in fear of persecution and isolated at home without access to either food or medicine. As
a transgender man, he was believed to be at risk of detention and violence if attempting to
leave the area himself, as his identification documents did not reflect his gender identity. The
HRMU negotiated with officials from the ‘Donetsk people’s republic’ and the Ukrainian
Ministry of Internal Affairs and Ukrainian military to escort him to safety.
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D. Rights of minorities and groups facing discrimination
65. The HRMU continues to monitor the human rights situation of minority groups and
incidents of discrimination throughout Ukraine and to identify trends in this regard. As noted
by the Special Rapporteur on minority issues following her visit in April 2014, Ukraine has a
legislative, policy and social environment that is generally conducive to the protection of
minority rights, including linguistic and cultural rights20. Nevertheless the Special Rapporteur
recommended the further strengthening of Ukraine’s legislative and institutional frameworks
for minority rights protection. The HRMU continued receiving reports of alleged
discrimination against Roma
who frequently face additional challenges including lack of
documents. On 11 December in Sverdlovsk (under control of the ‘Luhansk people’s
republic’), a group of armed men reportedly broke into Roma homes, robbed them and took
their passports. On 15 December, a Roma NGO reported that two police officers, in civilian
clothes, came to the collective centre and harassed and threatened Roma IDPs and demanded
money from them.
66. The HRMU received reports of targeting of religious minorities in the areas controlled
by armed groups. On 10 January, in Horlivka, five Jehovah’s Witnesses ministers were taken
Orthodox religion.
They were allegedly punched and kicked and subjected to mock execution.
After several hours, they were released while threatened with being shot if they continued
their religious activities. On 22 January, in Donetsk city, a Jehovah’s Witnesses minister was
abducted at his workplace by members of the Oplot battalion, a military unit of ‘Donetsk
people’s republic’. He was blindfolded and interrogated several times before being released
on 23 January. On 5, 11 and 20 December 2014, Kingdom Halls (prayer houses of Jehovah’s
Witnesses) were seized by armed groups in Krasnyi Luch, Telmanove and Zuhres.
67. On 15 January a synagogue was vandalised in Ivano-Frankivsk with offensive
inscriptions.
The HRMU spoke with the local Jewish community representatives, who
informed them that similar incidents had occurred previously, but never received appropriate
attention by the law enforcement officials, and that such cases have always been categorized
by police as hooliganism and the persons responsible have never been found. The written
complaints and applications of representatives of the community concerning similar incidents
were left without response. At the same time, the community does not perceive such instances
as posing any threat or having some wider anti-Semitic context.
68. On 15 January, residents of Mykolaiv originally from Azerbaijan and Armenia filed a
complaint to the Office of the Prosecutor General for racial discrimination, as they were
refused to be served in a local restaurant and were told that “Caucasians were not welcome”.
A criminal investigation was launched under article 161 of the Criminal Code (violation of
equality of citizens based on their race, national origin and religion).
V. ACCOUNTABILITY
Accountability for human rights violations in the east
69. The Ministry of Internal Affairs as well as the SBU conducted investigations into
cases of indiscriminate shelling of residential areas in Donetsk and Luhansk regions. The
Ministry collected all available evidence relating to major incidents, but emphasized that a
core obstacle barring the investigation remained the lack of access to the territories shelled.
The HRMU also noted that a further obstacle to accountability is that many witnesses/victims
20 A/HRC/28/64/Add.1 available online in English and Russian and all UN languages at:
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Pages/ListReports.aspx
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are reluctant to file complaints to the police for fear of reprisals and in the absence of
trustworthy protection schemes.
70. While a significant percentage of criminal proceedings in regard to human rights
violations in the east were opened under charges of terrorist acts, the Government reported
only one case where a person was convicted of such act. On 13 January the district court of
Sloviansk delivered the first judgment against a member of the armed groups of the selfproclaimed
‘Donetsk people’s republic’, recognising the latter as a ‘terrorist organization’ and
sentencing him to eight years imprisonment for membership of such a group under article
258-3 of the Criminal Code (membership of a terrorist organisation) and related charges. This
judgment may set a precedent for subsequent judgements against those suspected of affiliation
with the ‘Donetsk people’s republic’ identifying them as terrorists.
71. The HRMU has been following the case of the former mayor of Sloviansk, Nelia
Shtepa, who remains in custody charged under articles 110 (trespassing the territorial integrity
of Ukraine) and 258 (creation of a terrorist organization) of the Criminal Code21. In a
concerning development, Ms Shtepa’s deputy, who was one of the main witnesses for the
defence, was abducted on 30 January and subsequently found dead along with his driver. The
HRMU learnt from the lawyers that other defence witnesses - around 40 persons - have since
become reluctant to appear as witness in the proceedings.
72. As of 4 February, offices of the military prosecution conducted 49 criminal
proceedings against servicemen of the National Guard and Armed Forces of Ukraine and 26
criminal proceedings into human rights violations, including arbitrary detentions and illegal
deprivation of liberty committed by the ‘Aidar’ and ‘Donbas’ battalions in the conflict area.
investigations against four servicemen of the ‘Aidar’ battalion accused of killing a civilian
who refused to stop his car at a checkpoint on 19 November.
The HRMU repeatedly come
across instances where the military prosecutor's office investigators refused to pursue a case,
arguing that civil prosecutor’s office investigators had to prove first that servicemen had been
involved in these crimes. Since not all combatants are provided with chevrons or other
identification marks, investigations can be significantly impeded.
73. The ‘ombudsperson’ of the self-proclaimed ‘Donetsk people’s republic’ reported on 3
February (having collected evidence in the ‘White Book’ project) of military crimes
committed by Ukrainian armed forces. The ‘White Book’ reportedly includes almost 3,000
documents, victim and witness reports and video footage. According to the ‘ombudsperson’
almost 2,000 individual applications have been received which will be submitted to the
European Court of Human Rights in a case against Ukraine.
74. The Office of the Prosecutor General, which is responsible for observation of
compliance with the law by law enforcement bodies, reported that its investigations into
allegations that the Kharkiv Regional Office of the SBU was used as a place of illegal
detention, had not led to the identification of cases of illegal detention at that location, despite
witness testimonies received by the HRMU.
Accountability for human rights violations committed in the context of Maidan protests
75. Progress in accountability for serious human rights violations committed during the
Maidan protests in which at least 104 demonstrators and 13 law enforcement officers were
21 In addition to this case, the law enforcement agencies of Ukraine have reported prosecution of at least six high
level national and local politicians. These include former Head of Kharkiv Regional State Administration,
Mykhailo Dobkin, Kharkiv City Mayor, Hennadii Kernes, Mayors of Stakhanov – Yurii Borysov, of Debaltseve
– Volodymyr Protsenko, and of Kurakhove – Serhii Sazhko, and former head of the faction of the Party of
Regions in the Parliament – Oleksandr Yefriemov. All of them were suspected of trespass on the territorial
integrity of Ukraine under Article 110 of the Criminal Code, however, no case has yet been brought to court.
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On 11 February, the Office of the Military Prosecutor reported the completion of pre-trial
killed and 1,200 people were injured (including 1000 who sustained gunshot wounds),
remains inadequate with poor progress over the reporting period. According to the Prosecutor
General of Ukraine, the main obstacle to investigations remained the difficulty in locating
suspects who fled Ukraine as well as the lack of expertise in investigating this type of cases.
An investigation into the forceful dispersal of Maidan protestors on the night of 30 November
2013, when 84 people were injured, has established that the former head of the Kyiv City
State Administration, Oleksandr Popov, was responsible for the violent actions of the police.
He is charged under the Criminal Code with illegal impediment of public meetings and
collusion with the purpose of abuse of power. Four ‘Berkut’ officers were suspended and
placed under house arrest for their alleged role in the 30 November events.
76. On 6 February, the Prosecutor General reported that approximately 1,000 criminal
proceedings were ongoing into human rights violations and abuses committed during Maidan
protests. Eight indictments in cases related to killing of protestors were submitted to the court.
On 20 January, the Prosecutor-General informed the HRMU of submission of the indictment
on the case of killing of 39 protestors by a group of law enforcement officials (including three
Berkut servicemen) on 20 February 2014. On 23 January two servicemen remanded in
custody had their detention extended until 23 March 2015. The Berkut commander was
released from custody and placed under house arrest by the court in September 2014, however
he subsequently escaped, raising serious questions regarding the appropriateness of his house
arrest for such serious charges. The suspects are charged under the Criminal Code articles 115
(murder), 262 (theft of firearms) and 365 (abuse of power by the law enforcement). On 2
February the Ministry of Internal Affairs reported that its investigations into the killing of
protestors in February 2014, had established that firearms used by the tytushky22 against
protestors in Kyiv were obtained from the Ministry.
77. On 20 January, the Kharkiv Regional Prosecutor’s Office informed the HRMU of the
completion of pre-trial investigations in relation to a former senior official of the Kharkiv
Regional Department of Internal Affairs who allegedly ordered the dispersal of pro-Maidan
protestors in Kharkiv on 19 February 2014, in which protestors were injured as a result of
violent police action.
Accountability for the 2 May violence in Odesa
78. No essential progress has been reported in investigations into the killing of 48 persons
and inflicting bodily harm to
247 people ( including 22 police officers) during the clashes and
burning of the Trade Union Building in Odesa on 2 May 2014. During preliminary court
hearings by the Malynovskyi District Court of Odesa from 16 January, lawyers for the
defendants (mostly ‘pro-federalism’ activists) drew attention to human rights violations and
procedural omissions contained in the indictment: failure to provide Russian Federation
citizens with Russian translation of indictment; failure to specify the action of each accused
during mass disorder; failure to indicate information on conducted investigative actions, and
incorrect personal data of participants of the trial. On 2 February 2015, the panel of judges
ruled that the indictment regarding organising mass disorder in the city centre violated the
right to fair trial and did not comply with the Criminal Procedure Code, and should be
returned to the Office of the Prosecutor General for revision and correction. The preparatory
trial hearings were held in a tense atmosphere with threats by ‘pro-unity’ supporters. There is
no measurable result into the investigation of police and fire brigade negligence on 2 May,
which is chaired by the Office of the Prosecutor General and the Ministry of Internal Affairs.
22 Organized groups of young men used to attack peaceful rallies or stage provocations.
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VI. LEGISLATIVE DEVELOPMENTS AND INSTITUTIONAL REFORMS
Legislative developments related to the situation in the east
79. Confronted with a surge in hostilities from January 2015 the authorities introduced
measures designed to prevent the further destabilization of the security situation, including the
temporary order regulating travel in and out of the security operation area,23 which became
effective on 21 January 2015. The temporary order may contravene elements of international
standards for freedom of movement, restrictions to which must be based on clear legal
grounds and meet the test of strict necessity and proportionality. Whereas it is acceptable to
restrict access into the security operation area, making it hard or impossible for civilians to
leave the area of conflict is not in compliance with article 12 of the International Covenant on
Civil and Political Rights24. The Guiding Principles on Internally Displaced Persons (articles
14 and 15) also establish that IDPs are free to move anywhere within a country. As the
shelling and fighting has intensified, impeding movement of civilians out of the conflict areas
contravenes the international humanitarian law customary norm regarding removal of
civilians from the vicinity of military objectives. The temporary order has also created
difficulties for the delivery of humanitarian aid, contrary to international humanitarian law,
which obliges the parties to a conflict to allow rapid and unimpeded passage of humanitarian
relief for civilians25.
80. Another legislative development related to the situation in the east is the elaboration of
a draft law that would empower the High Administrative Court of Ukraine to decide whether
an organization should be considered as ‘terrorist’26. Requests for recognition can be
submitted by the Office of the Prosecutor General or prosecution offices in the regions based
on documentary evidence. The decision of the High Administrative Court cannot be appealed
and would enter into force immediately. The draft law provides that in a crisis situation the
decision to recognize an organization as terrorist may be taken by the National Security and
Defence Council of Ukraine (NSDC). This draft law raises serious questions as it enables a
non-judiciary body with links to the executive branch to make a legally binding determination
of an organization as terrorist and lacks internationally recognized fair trial guarantees,
including due process and the right to appeal. The draft should be significantly amended in
order to comply with international standards.
81. On 26 January, the Government introduced an ‘emergency situation’ regime in the
regions of Donetsk and Luhansk under Government control, and a state of ‘high alert’
throughout the rest of Ukraine27. The purpose of this measure was reportedly to ensure proper
identification of the needs of the population in the conflict affected areas and efficient
coordination of State assistance, and to strengthen the protection of civilians. On the basis of
this regime, local authorities in government-controlled areas will have enhanced powers to
use State funds, notably to rebuild infrastructure destroyed during the fighting. The
emergency situation regime is regulated by the Code of Civil Protection of Ukraine, which
deals with the tasks, role and responsibilities of the State in connection with the protection of
the population in emergency situations. OHCHR reiterates that this ‘emergency situation’
regime must neither diminish the human rights obligations of the State nor must it affect the
enjoyment of fundamental rights and freedoms.
23 Temporary Order on the control of movement of people, transport vehicles and cargos along the contact line in
the Donetsk and Luhansk regions.
24 General Comment 27 of the Human Rights Committee (paragraph 16).
25 See Rule 55 on Access for Humanitarian Relief to Civilians in Need.
26 Draft Law No. 1840 ‘On Introducing Amendments to Certain Legislative Acts of Ukraine on the Recognition
of Organizations as Terrorist ones’, registered in parliament on 26 January 2015.
27 Order No. 47-r ‘On the establishment of regimes of high alert and emergency’.
82. A State commission was created to streamline civilian protection efforts,28 including
to draw up an inventory of State facilities that can be used for the protection of civilians and a
registry for the delivery of equipment as well as humanitarian and other supplies. Regional
emergency commissions will support and complement the civilian protection measures that
already form part of the legal obligations of the State,29 namely activities necessary for
evacuation, safety and health. In a resolution of 30 January, a procedure for rendering
humanitarian assistance to the population was elaborated which provides for assistance to be
distributed through the State administrations of the Donetsk and Luhansk regions in areas
controlled by the Government and in areas controlled by armed groups’. While the intention
to provide and ensure access to humanitarian assistance without discrimination is a positive
signal, no procedures for coordination and delivery to areas controlled by armed groups are
elaborated.
83. On 3 February, Parliament adopted a law ‘On military-civilian administrations’ aimed
at ensuring the functioning of local administrations in the conflict area. The law allows the
State-appointed regional administrations in Donetsk and Luhansk to nominate civilian and
military personnel to run local self-government bodies. This measure applies to territories
under the control of the Ukrainian armed forces. It appears to be aimed at making up for the
absence of local people to fill local government positions as a result of the ongoing conflict.
Other legislative and institutional developments
84. On 9 February, the Kyiv District Court of appeal partially cancelled the Government
decision adopted in November 2014 that discontinued pension and social security payments
for residents in the areas controlled by armed groups. The court declared illegal the provisions
of paragraph 2 which state that “in cities of Donetsk and Luhansk regions where State
authorities temporarily cannot exercise or cannot exercise at all their functions, payments
from the State budget, budget of the Pension Fund of Ukraine and other budgets of funds of
social insurance will be conducted only after the Government regains control over these
territories”. If after 10 days no appeal is received, the Government will become liable to
resume payments and retroactively pay pensions and other social payments suspended since
November 2014 when the decision entered into force.
85. On 12 January, President Poroshenko signed a decree ‘On the Strategy of sustainable
development – Ukraine 2020’. The strategy foresees 62 reforms including on the fight against
corruption, decentralization, energy independence, and modernising the judiciary, the public
administration and the defence system. A national council on reforms, involving civil society
representatives, was established and tasked to submit strategies and other draft documents
concerning the administration of justice and legal institutions. Several anti-corruption laws
were adopted30 and the powers of the prosecution were reduced.
86. Under the leadership of the Ministry of Justice, the Government continued working on
the development of the national human rights strategy. Upon the request of civil society, the
deadline of 1 January 2015 for its adoption was extended until 31 March 2015 to provide
additional time for consultations. The elaboration of the strategy has been based on a
consultative process involving representatives of the Government, civil society, the
Ombudsman’s Office, UN agencies and regional organizations. Over a dozen meetings in
plenary sessions and sub-working groups were held in December, January and February.
28 Resolution No. 18 ‘On the State Commission on technogenic and environmental security and emergencies’.
29 See Resolution No. 11 of the Cabinet of Ministers of Ukraine ‘On approval of the Regulation on the unified
state system of civil protection’ (9 January 2014).
30 See the HRMMU report of 31 October 2014.
Lustration law and anti-corruption measures
87. A government-led working group was established on 12 January 2015 to prepare
amendments to the law ‘On the purification of Government’ (lustration law) adopted on 16
September 201431. The ‘lustration’ of public officials was demanded during the Maidan
protests to address corruption and human rights violations by officials under the Yanukovych
government. Assessment of the law by the Venice Commission revealed several
shortcomings, including: an overly broad timeframe for its application; collective guilt by
virtue of belonging to a category of public officials; and a lack of fair trial guarantees. By 12
February 2015, 395 high-ranking State officials had been dismissed, including heads and
deputies of ministries, government agencies and State bodies at central, regional and local
levels. More than 200 decisions have been appealed in court. Eight decisions were confirmed,
while three were overturned, leading to reinstatements. The remaining cases are on hold
pending a Constitutional Court ruling on the constitutionality of the law32.
88. A law ‘On fair trial’ adopted on 12 February aims to improve the impartiality and
professionalism of judges. It provides for a complete re-attestation of judges; elaborates in
detail procedures for membership of the bodies in charge of appointing, dismissing and
initiating disciplinary proceedings against judges; enhances the powers of the Supreme Court
as the ultimate cassation authority; and widens the scope of disciplinary proceedings that can
be initiated against judges. The provisions are conducive to improving the functioning and
independence of the judiciary, however, constitutional changes have been recommended33 to
ensure that judges are elected by their peers rather than by parliament; and to make the lifting
of judicial immunity the prerogative of an independent authority rather than parliament.
89. On 31 January, amendments to the lustration law34 came into force enabling the
selective exemption of high ranking military and security officers from the lustration
procedure due to the ongoing conflict. At least one case resulted in the reinstatement of a
general previously dismissed under the lustration law. The amendment may be abused and
carries the risk of exemptions being obtained through corruption or other illicit means.
90. The law establishing a National Anti-Corruption Bureau (NACB) entered into force
on 25 January 2015 while legal acts are being adopted for its functioning. The NACB is a
specialized law enforcement agency to fight corruption among senior officials, including
ministers, judges and heads of public administrations. It can conduct investigations and open
criminal proceedings for corruption cases involving more than UAH 600,000. Its creation
constitutes a positive development but should be combined with other necessary reforms,
including of the courts, which have lacked independence and integrity. The police and the
prosecutor’s office remain responsible for investigating corruption cases involving non-senior
officials and smaller amounts, despite very limited success in the past.
Law on criminal proceedings in absentia
91. Amendments to the law on criminal proceedings in absentia35 became effective on 31
January. Trials in the absence of the defendant will be possible when a suspect has left the
country and for individuals known to be in the area of the security operation or in Crimea.
Amendments widen the scope of the law to include parts of Ukraine which the authorities
neither have access to nor control. The HRMU notes that the grounds for prosecution in the
absence of the accused, as provided for in the law on criminal proceedings in absentia, are
31 For a description and analysis of the law, see the HRMMU report of 31 October 2014.
32 Requests to assess the constitutionality of the law was made by the External Intelligence Service of Ukraine
(18 October 2014), the Supreme Court of Ukraine (20 November 2014) and 47 deputies (20 January 2015).
33 See Opinion No. 639/2011 of the Venice Commission of 18 October 2011.
34 Law No. 132-VIII ‘n Introducing Amendments to the Law of Ukraine on the Purification of Government’
Regarding Additional Measures to Secure the Defense Capabilities of the State’.
35 The law was analysed in the HRMMU report of 31 October 2014.
very wide36, making possible a frequent resort to this procedure. International law recognizes
the right of the accused to be present in person at trial37.
VII. HUMAN RIGHTS IN THE AUTONOMOUS REPUBLIC OF CRIMEA
92. Political pressure and intimidation continued against Crimean residents opposing the
de facto authorities in Crimea and in particular Crimean Tatars and human rights activists. In
addition, for the first time, the de facto authorities in Crimea have opened legal proceedings in
relation to incidents that occurred prior to the March ‘referendum’ in application of Russian
laws in the Autonomous Republic of Crimea, contrary to General Assembly resolution 68/262
on the territorial integrity of Ukraine. The exercise of the rights to freedom of opinion and
expression and of peaceful assembly continued to be curtailed while registration requirements
imposed limitations on the exercise of freedom of religion or belief.
93. The de facto authorities in Crimea started legal actions in relation to the events of 26
February 2014 when supporters of Ukraine’s territorial integrity, mostly Crimean Tatars, and
pro-Russia demonstrators, clashed in front of Crimea's parliament building. Two individuals
died in the scuffles and about 30 were injured.
On the following day, armed men took over
Crimea’s parliament. On 29 January 2015, the Crimean police arrested the
Deputy Chairman
of the Crimean Tatar Mejlis, Akhtem Chiigoz, who took part in the demonstrations.
A
Simferopol court ordered his detention until 19 February and later extended it until 19 May.
Mr Chiigoz is accused under article 212 of the Criminal Code of the Russian Federation
(Organization and participation in mass disturbances), which carries a maximum prison
sentence of 10 years. On 7 February another Crimean Tatar, Eskender Kantemirov, was
detained and accused under the same charges. On 8 February, a court placed him in pre-trial
detention for two months.
94. On 26 January 2015, armed masked men raided the premises of the Crimean Tatar TV
channel ATR. Equipment was confiscated and some staff members were detained for several
hours. According to Crimea’s prosecution office, the channel had been warned against
violating the Russian Federation law on extremist activities. Sources within ATR stated that
the searches involved video materials related to the events of 26 February 2014.
95. The de facto authorities in Crimea started legal proceedings in relation to Crimean
participants of the Maidan events. On 8 February, Oleksandr Kostenko was remanded in
custody for two months accused under article 115 of the Criminal Code of the Russian
Federation38 of having injured a Berkut special police officer during demonstrations in Kyiv.
In this case, as well as the case involving the deputy chairman of the Mejlis, legal proceedings
relate to events preceding the March ‘referendum’ and the de facto application of Russian
legislation in Crimea. This seems to be against article 15(1) of the ICCPR, which states that
“No one shall be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence, under national or international law, at the time when it
was committed.”
96. A Crimean Tatar activist, Edem Osmanov, was arrested by the Crimean police on 19
January 2015 in connection with the events of 3 May 2014 when thousands of Crimean Tatars
The law allows trial in absentia for: overthrow of the constitutional order; violation of territorial integrity or its
financing; high treason; attempt against the life of a statesman; sabotage; espionage; murder and corruption.
37 Proceedings in absentia are in some circumstances (for instance, when the accused person, although informed
of the proceedings sufficiently in advance, declines to exercise their right to be present) permissible in the
interest of the proper administration of justice (See Daniel Monguya Mbenge v. Zaire, Communication No.
16/1977, U.N. Doc. CCPR/C/OP/2 at 76 (1990)
38 Article 115 concerns “deliberate infliction of mild damage to health for motives of political, ideological,
racial, ethnic or religious hatred or enmity, or hatred or enmity in relation to a social group”.
f g j g y,
p y , p . p y
j , g , p
p y y
came to the administrative border with Ukraine to greet the former head of the Crimean Tatar
Mejlis, Mustafa Jemilev, who had been banned from entering Crimea by the de facto
authorities on 22 April 2014. A tense standoff with the Crimean police ensued, with the
Crimean Tatars briefly blocking a few roads. A court placed Mr Osmanov in pre-trial
detention for two months. He is the fifth Crimean Tatar activist detained in relation to these
events since October 2014 on charges of using force against a police officer39 despite
eyewitness reports that the action was largely peaceful.
97. On 25 December 2014, Gennady Afanasiev was sentenced to seven years
imprisonment by a Moscow city court. Together with Ukrainian film director Oleh Sentsov
and pro-Ukrainian activists Oleksandr Kolchenko and Oleksii Chornyi, he was arrested in
May 2014 in Simferopol, accused of a ‘terrorist plot’, and later transferred to a pre-trial
detention centre in Moscow. Mr Afanasiev had confessed to the charges while in police
custody in Simferopol without access to family or a lawyer. On 28 January, a court in
Simferopol refused Oleksandr Kolchenko’s request to keep his Ukrainian citizenship. It stated
that he had applied for Russian citizenship, a claim denied by his lawyer. On 3 February, in
addition to the accusation that he organized a ‘terrorist plot’, Oleh Sentsov was also charged
with illegal possession of weapons under article 222-3 of the Criminal Code of the Russian
Federation (unlawfully obtaining, selling, possessing weapons, explosive substances and
devices).
98. Intimidation of civil society activists has continued over the reporting period. On 23
January 2015, Sinaver Kadyrov, Eskender Bariiev and Abmedzhit Suleimanov, three
coordinators of the Committee on the Protection of the Rights of the Crimean Tatar people, a
Crimea-based NGO, were stopped by Russian border guards as they were crossing the
administrative boundary line with mainland Ukraine. After being interrogated by FSB
officials, two were released but Mr Kadyrov was detained and taken to a court, which fined
him and ordered his deportation from Crimea for “violating migration legislation and the
passport regime”. On 17 January 2015, the three had organized a conference in Simferopol
that adopted a resolution calling on the Ukrainian authorities and the international community
to protect the Crimean Tatar people. In December 2014, they had tried unsuccessfully to hold
a public event on Human Rights Day.
99. On 23 January, officials of the Federal Security Service (FSB) arrested three Crimean
Tatars near Simferopol on suspicion of belonging to Hizb ut-Tahrir, a religious organization
banned in the Russian Federation for extremism.
Their arrest followed searches of their
houses. They were placed in pre-trial detention for two months in accordance with article
205-5 of the Criminal Code of the Russian Federation (planning and participation in the
activities of a terrorist organization). These are the first cases known to the HRMU of charges
for belonging to a banned religious organization since the March ‘referendum’.
100. On 30 January, the Crimean ‘head’ adopted a decree enacting a ‘Comprehensive Plan
to counter the terrorist ideology in the Republic of Crimea for the period 2015 to 2018’
developed on the basis of an analogous document of the Russian Federation. The plan aims to
‘effectively decrease the threat of terrorism’ through measures designed to prevent the
radicalization of various population groups, ‘in particular the youth’. The measures include
identifying people who participated in the armed conflicts in the northern Caucasus of the
Russian Federation and other states, including Syria and Ukraine; disseminated terrorist and
extremist ideology and information discrediting the Russian Federation; or are members of
non-traditional religious organizations and sects. Other measures include terrorism prevention
programmes in the media and educational spheres, and activities to promote tolerance, interethnic
and religious harmony.
39 The other four were remanded in custody for two months in October 2014 and released in December but are
still facing charges of using force against a police officer.
y, y
101. Freedom of peaceful assembly continued to be restricted by actions of the de facto
authorities in Crimea. The Committee on the Protection of the Rights of the Crimean Tatars, a
Crimean NGO, was prohibited by the de facto authorities of the city of Simferopol from
holding an event to mark Human Rights Day (10 December) on the grounds that it could
block public transportation and access to public buildings as well as “constitute a real threat to
the life and health of the population”. An appeal against the ban was rejected and the
organizers notified the Simferopol city administration about a planned protest rally instead,
also on 10 December. This notification was also rejected and the protest could not go ahead
due to a strong police presence. At a press conference later that day, members of the
Committee were doused in green paint by a group of young men. The police did not
investigate the incident.
102. The Ukrainian authorities restricted the movement of people to and from Crimea. On
26 December 2014 train and bus connections from mainland Ukraine into Crimea were
stopped. The decisions of the Railway Transport of Ukraine (‘Ukrzaliznytsia’) and the State
Inspection on Safety of Overland Transport mentioned the need ‘to ensure the safety of
passengers’ and to prevent the penetration of ‘subversive groups’ from the peninsula.
Passenger cars and trucks are still allowed to move in and out of Crimea. However, this
situation has created very long lines of vehicles. There are reports of people needing to walk
through the two custom services and border guard check-points, which are separated by a five
kilometre-long ‘security area’, by foot. Suspension of bus and train connections particularly
affects older persons and those with disabilities, who used to travel by train to the mainland.
103. Religious communities in Crimea currently operate based on Ukrainian registration,
which the de facto authorities in Crimea have neither recognized nor formally denounced.
Russian Federation law requires religious communities and civil society organizations to
register by 1 March 2015. Registration is essential to open a bank account or rent premises
and is a pre-condition for inviting foreign citizens. Non-registration of the Roman Catholic
Church in Crimea has led to the departure of a Polish priest and nuns of the Roman Catholic
parish in Simferopol after their Ukrainian resident permits expired in late 2014. Similarly, 23
Turkish imams residing in Crimea under a 20-year-old programme with the Crimean Tatar
Mejlis had to leave due to non-registration of the Mejlis under Russian law. This situation,
and instances of police raids on places of worship, has created anxiety among religious
communities and questions the commitment of the de facto authorities in Crimea to the
protection of the right to freedom of religion or belief.
VIII. CONCLUSIONS AND RECOMMENDATIONS
104. In view of the serious escalation of the conflict in eastern Ukraine since January and
its devastating impact on civilians caught in indiscriminate shelling and other hostilities, it is
essential that the fighting be brought to an end without further delay. Credible reports indicate
a continuing influx of heavy and sophisticated weaponry to armed groups in the Donetsk and
Luhansk regions, as well as foreign fighters, including from the Russian Federation. This has
fuelled the escalation of the conflict and new offensives by armed groups, undermining the
potential for peace as armed groups extend their areas of control. This has resulted in further
and significant increases in civilian and military casualties. All parties to the conflict must
implement fully the provisions established under the Minsk agreement including: a new
ceasefire to have entered into force from 15 February; the withdrawal of heavy weaponry by
both sides to create a 50-140km security zone; the withdrawal of foreign armed formations,
mercenaries and weapons from the territory of Ukraine; and the reinstatement of full control
of the state border by the Government of Ukraine throughout the conflict area.
105. Travel restrictions imposed by the Government of Ukraine on movement across the
line of contact have created new threats to civilians in affected areas already in extremely
precarious situations, adding to their vulnerability. Assumptions that those who remain on
territory controlled by armed groups have made their choice to remain, are worrying and
misguided. Many of those who remain do so in fear for their lives due to indiscriminate
shelling of homes and evacuation routes, to protect children or other family members, or lack
the physical means to leave, including elderly persons, those with disabilities and others. All
of those who remain have a right to protection according to international human rights and
humanitarian law, which must be respected for all, by all relevant authorities, everywhere.
106. Despite previous warnings that continuing conflict in eastern Ukraine could
potentially result in new waves of internally displaced persons, national responses to new
displacement over the reporting period remained inadequate, unprepared and largely in the
hands of volunteers and humanitarian organizations. The Government must do more to meet
the needs of internally displaced persons, in conformity with their rights under international
standards, including to ensure winterized accommodation in locations preferred by IDPs,
provision of social benefits, and ensuring all their basic needs are met. It is essential to
recognize that for many, displacement is likely to be protracted and that durable solutions
with regard to housing, employment and integration must be promptly put in place.
107. The impact of the conflict on the economic and social rights of civilians is massive
and long-term. All parties to the conflict should strive to guarantee economic and social rights
as required by international human rights law and to minimize the restriction of access to
basic social services, including health, education, social security as well as access to housing.
Interruption of access to such services could have life-threatening or life-long impact on a
large portion of the population and would hinder post-conflict recovery of the society. In
times of resource constraint, it is essential to mobilize maximum available resources and
avoid retrogressive measures.
108. OHCHR continues to appreciate the cooperation extended by the Government of
Ukraine to the HRMU during the reporting period. The HRMU will continue to monitor and
report on the evolving situation with a view to contributing to an unbiased and accurate
assessment of the human rights situation throughout Ukraine. It will work closely with the
Government and other national, regional and international actors, including the United
Nations system, and will endeavour to assist all actors to fulfil their commitments with
respect to international human rights and humanitarian law.
109. While all previous recommendations contained in OHCHR reports issued since 15
April 2014 remain valid, OHCHR calls upon all those involved in the conflict in Ukraine to
implement the following recommendations:
a) Guarantee efforts to abide by and implement the Minsk agreement to end the conflict
in the Donbas region and urgently bring an end to the fighting and violence in all
localities.
b) Ensure the protection of civilians in conflict affected regions in full conformity with
international human rights and humanitarian law, including an immediate end to
indiscriminate shelling of populated areas that puts civilians at risk.
c) Ensure free and unimpeded access for humanitarian actors to all necessary areas as
well as the rapid and non-discriminatory delivery of humanitarian assistance, while
adhering to international norms and ensuring the protection of humanitarian actors.
d) Lift restrictions on free movement across the line of contact on the grounds of security
to ensure that civilians wishing to leave conflict affected areas can do so promptly and
safely without undue restrictions or delays that may put them at risk due to
indiscriminate shelling and attacks at checkpoints.
e) Enhance evacuation measures, including for those in institutional facilities, to ensure
that all individuals wishing to leave conflict affected areas have access to information,
transport and essential needs. Respect ceasefire agreements to ensure the safe and
voluntary evacuation of civilians.
f) Provide all necessary assistance to internally displaced persons according to
international standards such as the Guiding Principles on Internally Displaced Persons,
including with regard to their freedom of movement and the need for durable
solutions.
g) Release all those unlawfully or arbitrarily detained without delay and in conditions of
safety. Treat all detainees, civilian or military humanely and according to international
human rights and humanitarian law and standards, including those regarding women
in detention.
h) Investigate and prosecute according to law any person found to be responsible for
serious human rights violations, including torture and other cruel, degrading or
inhumane treatment or punishment of detainees, summary or arbitrary execution, or
enforced or involuntary disappearance, including those with command responsibility.
i) Mechanism for the reporting of violence against women should be established and
referral and support systems put in place to ensure the protection of women and girls
who may be highly vulnerable to sexually-based or other forms of violence, trafficking
and prostitution as a means of survival and ensure prompt investigation of all cases.
j) Ensure the protection of family unity and that wherever possible children are not
separated from their parents, including in the context of evacuation of civilians.
k) Implement measures in the field of education to ensure to the fullest extent possible
that students, including those living in areas controlled by armed groups, who wish to
do so, may continue their education, sit exams and obtain Ukrainian diplomas and
certificates.
l) Ensure freedom of the media and the liberty, security and rights of journalists to freely
conduct their legitimate professional activities.
m) Guarantee the rights to freedom of peaceful assembly, freedom of opinion and
expression and freedom of association for those legitimately protesting, including for
those who object to military mobilization.
n) Law-enforcement agencies should ensure prompt and effective investigation of crimes
motivated by ethnic or religious hatred, including desecration of property and places
of worship and acts of violence.
110. With regard to the situation in the Autonomous Republic of Crimea, OHCHR notes a
continuing deterioration of the human rights situation for some persons belonging to the
Crimean Tatar indigenous group, in particular political and human rights activists and
community leaders. Measures have been implemented that undermine the legitimate rights of
this and other communities, including freedom of religion or belief and freedom of
association and peaceful assembly, and the rights of minorities. To the de facto authorities in
Crimea and to the Russian Federation, OHCHR makes the following recommendations:
o) Review of the judicial legitimacy of criminal cases brought against Crimean Tatar
leaders and activists and deportations of some leaders should be conducted to answer
challenges that cases are politically motivated.
p) Freedom of religion or belief should be fully respected and protected, including the
right of religious communities to freely function without undue administrative or
legislative hindrance, harassment or other restrictions, including by law enforcement
bodies.
q) The right to freedom of peaceful assembly and association should be fully restored and
measures should be taken to protect that right in practice and to ensure that
organizations may hold events including commemorations and demonstrations freely
and without hindrance.
Annex 310
OHCHR, Report on the Human Rights Situation in Ukraine (16 February–15 May 2015)
called ‘referendum’ in the
the start of the Government’s security operation
called ‘referendums’ on self
‘Donetsk people’s republic’
proclaimed ‘Luhansk people’s republic’
as Debaltseve, Donetsk and Horlivka, people pleaded to the HRMMU: “we just want peace”
with participation of representatives of the ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’
Henceforth referred to as the ‘Donetsk people’s republic’.
Henceforth referred to as the ‘Luhansk people’s republic’.
Ukraine; and an ‘all for all’ release of “hostages and unlawfully detained persons”.
called ‘governance structures’ of the ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’ are accountable for human rights
committed on territories under their control. Steps taken by the ‘Donetsk people’s republic’
and ‘Luhansk people’s republic’ to establish their own ‘legislative’ frameworks and systems
‘administration of justice’ (‘police’, ‘prosecutors’ and ‘courts’) are
called 2 November ‘elections’ held
by the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’
“temporarily occupied”.
in Russian roubles by the ‘Donetsk people’s republic’
and ‘Luhansk people’s republic’.
inter alia
Communist and Nazi regimes as “criminal under the law”, ban propaganda in their favour and
“fought for Ukrainian independence in the century”. The
de facto
activist by or with the acquiescence of Crimean ‘law enforcement’. Harassment and arrests of
Crimean Tatars and other ‘prounity’ supporters continued. A‘court’ ordered corrective labour
with the inscription “Crimea is
Ukraine”
under the law of Ukraine before the March 2014 ‘referendum’.
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ claimed four of their
formations “which do not want to join the Armed Forces, Ministry of Internal Affairs,
–
paramilitary formations”. On 30 March, ‘heads’ of the ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’ issued ‘decrees’
‘official’ military or law enforcement units to forfeit all t
“members of illegal
gangs”, “forcefully disarmed” and “brought to criminal responsibility”.
Samopomich
“starting
Donetsk and Luhansk regions” (referring to Government
Knyga Pamyati
Soyuz ‘Narodnaya
Pamiat’ People’s Memory Union
control of the ‘Luhansk people’s republic’
Missing persons
went missing on the “territory of terrorist operation”
Mirnyi Bereg
By the armed groups
‘Donetsk people’s republic’.
was captured by the armed groups of the ‘Donetsk people’s
republic’.
called ‘Sparta battalion’.
ommander of ‘Sparta battalion’
of the ‘Sparta battalion’ fir
armed groups of ‘Donetsk people’s republic’ the
–
‘ battalion’
By the Government forces
By the armed groups
mostly Ukrainian soldiers, civilians suspected of ‘espionage’ or ‘prounity’
According to the ‘head of investigation department of the ministry of internal affairs’ of the ’Luhansk
people’s republic’ (interviewed by the HRMMU on 1 May), in February and March, 325 people were “arrested”
49 were reportedly sanctioned by a ‘prosecutor’ to be placed in
‘custody’, and 64 were placed under ‘house arrest’.
Mirnyi Bereg
called ‘ministry of state security’ of the ‘Donetsk
people’s republic’,
hospitalized and reportedly “treated properly”.
for five days by the ‘traffic police’ and members of the
‘Donetsk people’s republic’
wall; and she was forced to play ‘Russian
roulette’. She also
in a “base” of a “Cossack” armed group in Donetsk from 1 to 28 February. He reportedly
On 8 May, the ‘head’ of the ‘Donetsk people’s republic’ stated that 200 “looters,
rapists and kidnappers” had been “arrested” through a massive “law enforcement campaign
against crime and corruption”reportedly resulted in “finding 13 civilian hostages and
eight Ukrainian servicemen”. The HRMMU was informed th
By the Ukrainian law enforcement agencies
had released 1,553 “detained traitors, spies and subversives” so as to secure the release of
‘preventive detention’ of 30 days without a court order (introduced in August 2014) has
in the context of ‘simultaneous release’
region) approached the Ombudsperson’s Office in relation to
’s Office that after
the ‘Donetsk people’s
republic’.
, the ‘Donetsk people’s republic’ reportedly transmitted three lists of
“prisoners of war” to the Ukrainian authorities
“political prisoners” and 900 “civilians”. the ‘Donetsk people’s republic’
claimed that 1,378 of its ‘supporters’ remained in detention under the Government of Ukraine.
and relatives of ‘profederalism’
been “transferring intelligence information” tothe ‘Donetsk people’s republic’
“as a person who was caught while committing the crime”.
On 24 March, the HRMMU interviewed a ‘prounity’ activist from Donetsk region
a report entitled “War Crimes of the Armed Forces and Security Forces of Ukraine:
Torture and Inhumane Treatment: Second Report”.
“interviews with over 200 prisoners released by the Ukrainian side”,
Releases of detainees and captives
“hostages and
”
‘all for all’ s
transparent character of ‘simultaneous releases’ in which many actors
‘deputy head’ of the ‘commission on
prisoner’s exchange’ and with ‘ombudsperson’ of the ‘Donetsk people’s republic’.
overnment of Ukraine for ‘simultaneous releases’ “civilians”,
“military” or “political activists”. Interlocutors claimed that the Government
have been ‘exchanged’ three times.
of Defence of Ukraine stated that “several dozens” of Ukrainian s
La Strada
based women’s NGO
to adult men and women services for asylum claims and ‘employment’ abroad,
developed and approved by the joint entity ‘the Operational Headquarters of Management of
Terrorist Operation’
Ukraine stated that the current system of special passes “inhumane”, and urged the SBU to simplify the system.
The permit system severely limits civilians’ access to safe areas and life
Safety of journalists
Segodnia
Zvezda
filed a complaint to ‘local police’, the armed groups conducted a search of her house and
Segodnia
Buzyna “a
provocation”, aimed at destabilization of the situation in Ukraine. He also called for prompt
Access to information / media regulation
called ‘council of
ministers’ of the ‘Luhansk people’s republic’ issued an order demanding telecommunications
Dozhd
broadcasting network on the grounds that they “pose threat to ‘state’ security”. The ‘ministry
of infrastructure, transport and communication’ was assigned to control the implementation
called local ‘authorities’ only pre
Criminal proceedings against journalists
Lifenews
rosecutor’s Office announced the opening of criminal investigations into
Timer, known for its ‘profederalism’ views,
–
–
Incitement to hatred and violence
“beginning of cleansing of ‘’ [an offensive word used for Ukrainians]”, including
asking residents “to report on their neighbours, friends, and strangers”. Tribunal
–
–labelled as “punishers” and “accomplices”.
Myrotvorets
ated to the armed groups and labelled as “terrorists”. Such a list
During the reporting period, in the ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’
, law enforcement officials did not prevent ‘pro
unity’ supporters from disturbing
Police of Odesa
rally in advance, was prevented by the police and ‘prounity¨’ supporters from gathering in
the police by ‘prounity’ activists. Adult activists (all male)
media outlet has had “negative informational influence… In particular, in 2014, the media outlet has posted
stantiated the historical roots of the term ‘Novorossia’, its right to existence
and the historic need to implement the ‘Russian World’ project”.
Narodna Rada Besarabii
Soyuz Sovetskikh Ofitserov
“security situation and terrorist threats”.
tems, and children’s clothes is reported in most settlements controlled by
called ‘authorities’ and many
‘social cards’
The ‘Luhansk people’s republic’ and ‘Donetsk people’s republic’ began to issue socalled ‘social cards’ in
‘Vostok battalion’) occupied a lo
‘ministry of internal affairs’ of the ‘Luhansk people’s republic’
d the community of Jehovah’s Witnesses to hand
reportedly removed the sign ‘Kingdom Hall of Jehovah’s Witnesses’ and put up a new one –
“TheDon Army”.
called ‘elections’ held o
–
interviewed an employee of a ‘pension fund’ of the ‘Donetsk people’s republic’ who alleged
Since early April, the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’
others could collect their pensions at ‘local banks’ and ‘postal service departments’.
called ‘authorities’ pay
called ‘people’s police’. On 30
‘participant of security operation’ and thus accessing psycho
La Strada
–
groups of the ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’ (within implementation of Minsk Agreements) by
Investigations into human rights violations allegedly committed by Ukrainian armed forces
and law enforcement personnel
– –
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. The HRMMU is unaware of the exact number of
Russian Federation and heads of ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, which
The ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ have claimed that
Lack of progress in investigation
called ‘filtering group’ composed of two uniformed masked men and an SBU officer entered the police
investigation were not yet identified “because the men who committed the crime wore masks”. As not a suspect,
to the latter two means as notaries’ powers as well postal communications have been suspended by th
Prior to ‘simultaneous releases’ the law enforcement agencies
Price of Freedom‘on crimes against
humanity’ committe
On-going trial of two Berkut servicemen
3 June due to the inability to form the panel with two people’s
objectivity and impartiality of the people’s assessors participating in the trial.
Detention and charges to five Berkut officers and servicemen
panel consists of three judges and two people’s assessors.
–
Investigation led by Prosecutor General Office on police and fire brigade negligence
‘profederalism’ and ‘prounity’ supporters during the march ‘For United Ukraine’
–
–
Investigation led by the Ministry of Internal Affairs
Square), on mass disorder in the city centre and against a ‘prounity’ activist charged with
Investigation regarding the mass disorder at the Trade Union building
investigation for lack of evidence against a ‘prounity’ activist, accused of beating ‘pro
federalism’ supporters, jumping out of the burning Trade Union Building.
pressure from ‘prounity’ activists, the Court of Appeal of Kherson Region changed the
investigator’s permission.
Investigation into mass disorder in the city centre
against 20 ‘profederalism’ supporters charged under Article 294 (mass disorder) of the
‘profederalism’ suspects regarding the returned
extended the detention of 10 ‘profederalism’ detainees without
Investigation regarding the ‘pro-unity’ activist charged with murder
the single ‘prounity’ activist, charged with participation in mass di
‘profederalism’ group Oplot
‘prounity’ group Patriots of Ukraine
the SBU, Ministry of Internal Affairs, and Kharkiv Regional Prosecutor’s Office
Parallel ‘administration of justice’ systems on the territories controlled by the armed groups
called ‘governance structures’ of the ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’ are accountable for human rights violations
Steps taken by the ‘Donetsk people’s republic’
and ‘Luhansk people’s republic’ to establish their own ‘legislative’ frameworks
systems of ‘administration of justice’ (‘police’, ‘prosecutors’
and ‘courts’
Although there is no legal framework for the activity of ‘’ in the ‘Donetsk
people’s republic’, on 19 March, ‘supreme court’ and ‘prosecutor general’ issued a
‘’
‘Luhansk people’s republic’, but is not applied due to lack of established ‘judiciary’.
A ‘court system’ started functioning in ‘Donetsk people’s republic’
January with the appointment of 42 ‘judges’, including 12 assigned to the ‘supreme court’
and its ‘head’, and two ‘arbitrators’. Majority of cases are those which remained pend
and cases filed by the ‘penitentiary service’ for revision of the term
of detention of those remaining there since 2005. The ‘supreme court’ has already made
‘decisions’ in 20 ‘criminal cases’. ‘Courts of general jurisdiction’ are ‘hearing’ 61 civil cases;
and issued ‘decisions’ in eight cases.
The ‘court system’ of the ‘Luhansk people’s republic’ has not started functioning
have been, however, ‘cases’ awaiting ‘trial’. They include the ‘case’ of Maria
that were allegedly subsequently shelled, accused of ‘espionage’ and is expected to be ‘tried’
in a ‘court’ as soon as the ’court system’ starts
‘trial’ over Ms. Varfolomieieva would ‘legitimize’ her unlawful deprivation of liberty and
urged the ‘Luhansk people’s republic’ to release her –
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ apply a Criminal Procedural Code of the
‘Prosecutor’s offices’ in the ‘Donetsk people’s republic’ have been vested with broad powers, including the right to
decide on a measure of restraint (including ‘detention’ of up to two months which can be extended to 20 months).
While the ‘court system’ has not yet started functioning in the ‘Luhansk people’s republic’, the same has been
introduced in the ‘Donetsk people’s republic’ based on the Soviet Union model. The ‘supreme court’ started
functioning on 23 September 2014 with the primary aim of development of a ‘legislation framework’ for
‘administration of justice’. ‘Courts of first instance’ started working on 9 January, with the appointment of 42
‘judges’ based on the interview; this includes 12 ‘judges’ of the ‘supreme court’ and its ‘head’, 2 ‘arbitrators’.
Currently the archive of ‘supreme court’ (previously Court of Appeal of Donetsk region) has 498
unconsidered criminal ‘cases’ and 1,837 civil ‘cases’. ‘Courts of the first instance’ have 1,602 unconsidered
criminal ‘cases’ and more than 1,000 civil ‘cases’. Some of the ‘cases’ have already been heard.
Member of ‘people’s council’ of the ‘Luhansk people’s republic’ informed the HRMMU that on 30 April,
several ‘laws’ on the ‘judiciary’ had been ‘adopted’ in the ‘second reading’. These included ‘laws’ ‘on the court
system’, ‘on the creation of courts’, which set up ‘courts’ at the ‘republican’ level: ‘supreme court’, ‘court of
appeals’, ‘martial court’, four ‘district courts’ in Luhansk, eight ‘city courts’, two ‘city/county courts’, and three
‘district (county) courts’.
Law enforcement tolerating illegal action by ‘pro-unity’ supporters
The HRMMU is concerned that illegal activities of ‘prounity’ activists have been
abduction by ‘prounity’ activists of two‘profederalism’ activis
Several ‘rubbish container lustration’ incidents took place during the reporting period.
Alleged intimidation of judges
iary system by ‘pro
unity’ activists. The pressure reportedly includes death threats, physical attacks and forcefully
putting judges into trash containers. In addition to the pressure from ‘prounity’ activists, the
to take ‘right’ decisions during hearings involving
‘profederalism’
High profile cases
prosecutor’s
On 26 March, Malynovskyi District Court of Odesa extended detention for 10 ‘profederalism’ detainees,
must enter into force “by the end of 2015” and that it should provide for “decentralization as
a key element”.
can be done “in urgent cases” to track suspects, neutralize a threat to t
response to the “military aggression of
the Russian Federation” until the “complete termination” of the
“”
freedom of movement, including the right to choose one’s residence.
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ condemned the amendments,
“temporarily occupied”
“” ‘all for all’
“interning (forcibly expelling) nationals of
Ukraine”. In light of the resolution of the Parliament of 2
2015 recognizing the Russian Federation as an “aggressor state”, the HRMMU is of view that
According to the document, the qualification will remain valid “until the withdrawal of all illegal armed
kraine”.
Ukraine’s history. They denounce the Communist and Nazi regimes as “criminal under the
law”, ban propaganda in their favour and all public display of their symbols. They
discourage debate about Ukraine’s past and limit the freedom of expression in a way that
for Ukraine’s Independence in the Twentieth Century’ states that “publicly expressing
disrespect” for any mentioned group that fought for Ukraine’s independence and the
gitimacy of this struggle is “illegal” and will result in “liability” under Ukrainian
, States parties are only required to prohibit by law “propaganda for war” and
“advocacy of national, racial or religious hatred th
tility or violence”
Prohibiting Propaganda of their Symbols; On the Legal Status and Honouring of Fighters for Ukraine’s
–
human rights violations targeting mostly those who opposed the unlawful ‘referendum’ in
March 2014 and the arrival of ‘authorities’ applying
Crimean ‘law enforcement’.
ones, were forced to cease operating. The freedom to practice’s one’s religion has been
, Mr. Kostenko was arrested by the ‘police’ on 8 February 20
being delivered to the ‘police’ on 8 February. The HRMMU has a copy of Mr Kostenko’s
‘court’ in pre
‘court’ to exempt from the case file all the evidence obtained under duress. On 3 April, the
‘court’ rejected the request as unfounded, stating that the evidence obtained and the
y a ‘court’ in Simferopol and sentenced to four years and two months of imprisonment.
Usein Kuku, a member of the ‘human rights
contact group’
Persecution of Crimean Tatars and ‘proUkraine’ supporters
de facto
‘police’ searched their houses.
On 11 March, a ‘court’ in Simferopol ordered 40 hours of corrective labour for three
inscription “Crimea is Ukraine”
‘city administration’, to commemorate the
9 March. The ‘court’ found that, by failing to mention
violated “legal provisions
of mass events”. On 11 March,
“inconsistent with his
position”. On 17 April, he was attacked
Right Sector
a bottle. Mr. Kuzmin reported the case to the Crimean ‘police’.
a ‘proUkrainian’ activist,
de facto
to the search for several Crimean Tatars who went missing in 2014. It is composed of ‘police officers’, officials
Roskomnadzor
ATRLale MeydanLider
QHA Avdet 15minut
‘’ imposed a fine on one of the protesters for “infringing the
rules for holding mass protests” and “resisting arrest”. On 14 May, Roskomnadzor published
The Crimean ‘law enforcement’ also acted to discourage critical reporting on Crimea
the Crimean ‘police’ opened a criminal case
ation on the “basis of the religious belief”.
–
ous minorities (A/68/268, paragraph 61: “It is essential to ensure that all
rights standards”). See also the thematic report of the Special Rapporteur on freedom of religion or belief,
Heiner Bielefeldt (A/HRC/22/51, paragraph 42: “failure to register, or re
egal vulnerability that also exposes the religious minorities to political, economic and social insecurity”).
participation of the ‘law enforcement’ or affiliated groups. Legal safeguards for detained
de facto
de facto
by the ‘law enforcement’,
Annex 311
UN News Centre, Security Council Fails to Adopt Proposal to Create Tribunal on Crash of
Malaysian Airlines Flight MH17 (29 July 2015)
Annex 312
OHCHR, Report on the Human Rights Situation in Ukraine: 16 August to 15 November 2015
The ‘ceasefire within the ceasefire’
–
proclaimed ‘Donetsk people’s republic’
‘Luhansk people’s republic’
–
continued hostilities, the agreement on a ‘silence regime’ was reached; an
–
Henceforth referred to as the ‘Donetsk people’s republic’.
Henceforth referred to as the ‘Luhansk people’s republic’.
of parallel ‘governance structures’ of the
‘Donetsk people’s republic’ and the ‘Luhansk people’s republic’, with their own legislative
(‘police’, ‘prosecutors’ and ‘courts’), in violation of the Constitution of Ukraine and in
he ‘officials’
of the ‘Donetsk people’s republic’ and the ‘Luhansk people’s republic’ are
incommunicado
to be supporters of the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. Elements
by the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ for organizations
journalists. The procedure for accreditation of foreign journalists by the ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’ has become more complica
refused accreditation on the grounds that they were “propagandists”. At the same time, the
Rallies to challenge the policies of the ‘Donetsk people’s republic’ or ‘Luhansk
people’s republic’ have been extremely rare because people are afraid to assemble and speak
police during ‘prounity’ counter
action was taken to prevent ‘prounity’ activists from attacking ‘profederalism’ suppor
unofficial list of “traitors”, whic
second declaration lodged by Ukraine following its acceptance, in April 2014, of the Court’s
There is an urgent need to raise people’s aw
continued hostilities, the agreement on a ‘silence regime’ was reached; and after the new escalation of hostilities
–
ines “under any circumstances”.
Civilian casualties
–
17
24
9
28
41
27
43
10 10
3
17
37
22
57
125
72
137
38
31
7
34
61
31
85
166
99
180
48
41
10
0
50
100
150
200
16-28
February
March April May June July August September October 1-15
November
Total civilian casualties, 16 February - 15 November 2015
Killed Injured Total
n the territories controlled by the ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’, 9
9
6 6
3
15
4 4
0
0
5
10
15
20
1-15 August September October 1-15
November
Total civilian deaths by territory,
16 August - 15 November 2015
Government-controlled territories
Territories controlled by the armed groups
24
21
12
6
34
17
19
1
0
10
20
30
40
1-15 August September October 1-15
November
Total civilian injuries by territory,
16 August - 15 November 2015
Government-controlled territories
Territories controlled by the armed groups
–
Mortars,
canons,
howitzers,
tanks and
MLRS
21%
ERW and
IEDs
67%
Small arms
6%
Road
incidents
with military
vehicles in
the conflict
zone
4%
Unknown
2%
Total civilian casualties by type of
incident (weapon) in the Governmentcontrolled
territories,
16 August - 15 November 2015
ERW and
IEDs
39%
Mortars,
canons,
howitzers,
tanks and
MLRS
57%
Small arms
3%
Unknown
1%
Total civilian casualties by type of
incident (weapon) in the territories
controlled by the armed groups,
16 August - 15 November 2015
Total casualties
By the armed groups
‘Donetsk people’srepublic’ ‘Luhanskpeople’srepublic’,
‘local authorities’
–
‘Izolyatsia’
former member of the ‘Vostok’ battalion
ned by the ‘Vostok’ battalion, but she was never
‘general prosecutor’s
’ ‘Donetsk people’s republic’
son’s
‘Donetsk people’s republic’and ‘Luhansk people’s republic’
groups’
–
–
‘military units’
“tram” because it looks like a
‘’ of the city of Donetsk
“
”
By Ukrainian law enforcement and security entities
’s efforts
incommunicado
or terrorism or believed to be supporters of the ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’.
‘elephant
torture’
be “
facilities, including comprehensive power of search within military or SBU facilities”
clearly not accessible to Ukraine’s
incommunicado
line in the Donetsk and Luhansk regions was developed and approved by the joint entity ‘the Operational
Terrorist Operation’. For more information, see OHCHR reports on
Upon the President’s instruction
“”
Territories controlled by the armed groups
‘Donetskpeople’srepublic’,“no
opinion”
‘Donetskople’srepublic’
‘special department’,
‘Donetsk ople’s republic’.
‘interview’
‘a propagandist’
‘accreditation’.
‘Luhanskpeople’srepublic’‘espionage’
Territories controlled by the Government
that “their activity or public statements promoted terrorist manifestati
territory”.
nt’s right to protect national security, HRMMU is
Territories controlled by the armed groups
controlled by the armed groups. Rallies to challenge the policies of the ‘Donetsk people’s
republic’ or ‘Luhansk people’s republic’
‘speaker of the parliament’ of the ‘Donetsk people’s republic’. When the protestors tried to
Territories controlled by the Government
of the prohibition. The Odesa Regional Prosecutor’s
HRMMU that eight ‘Svoboda’ activists were fined for attacki
outside the Parliament. They objected to a constitutional provision foreseeing that “special
of Donetsk and Luhansk regions” would be
by law, arguing this would provide “special status” to the areas controlled by the
demonstrations. For instance, on 2 November, in Odesa, ‘prounity’ activists
commemoration organized by ‘profederalism’ supporters and victims’ families.
Despite previous provocations from ‘prounity’ supporters, police intervened and formed a
cordon between the two groups only after ‘prounity’ act
Conflict-affected area
NGOs operating in the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ also
‘Myrotvorets’ (‘Peacemaker’) website, allegedly due to the fact that they
collaborating and communicating with the ‘Donetsk people’s republic’ and ‘Luhansk
people’s republic’. Some of these NGOs had been founded before the conflict to provide
‘separatists’ and ‘terrorists’
Territories controlled by the armed groups
“ministry of state security”, and forced to state that they were connected to foreign
two representatives of the local ‘military police’ ordered the community of Jehovah’s
n the facade that read: “Away with the Sect!” and “No place for sects!”
The local ‘police chief’ was present during the protest, but did not intervene.
Territories controlled by the Government
requirement introduced in June by the ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’ for organi
–
Rights to housing, land and property
osecutor’s office and
For people from the territories controlled by armed groups
’ places of residence. Those not found at their registration
‘Donetsk
people’s republic’ and ‘Luhansk people’s republic’ –
–
–
ocuments bearing the ‘stamps’
of the ‘Donetsk people’s republic’ or ‘Luhansk people’s republic’
, hindering their employees’ rights to social guarantees and favourable conditions of
that no payments will be made by the ‘Donetsk people’s republic’, as the company was not
‘registered’ there and did not pay ‘taxes’ or contribute to the ‘republican social security fund’.
‘Donetsk people’s republic’ would not be recognized by Ukraine and that compensation would
Situation in social care institutions
Territories controlled by the armed groups
Médecins Sans Frontièrs
‘Luhansk people’s republic’ and
‘Donetsk people’s republic’
the ‘Donetsk
people’s republic’,
especially in the areas controlled by the ‘Luhansk people’s republic’.
HRMMU interlocutors in the ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’ claimed hospitals and medical staff faced frequent harassment and threats
ly ‘the ministry
defence’ took some steps to address this situation, during one of its recent visits to a hospital,
Territories controlled by the Government
–
Investigations into human rights abuses committed by the armed groups
The ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ are publicly referred to by Ukrainian law
officially called “antiterrorist operation”.
ects’ bags were seized and only after found containing a hand grenade and
as a tool to secure ‘confessions’ of persons on their affiliation with the armed groups.
responsibility for crimes committed by the armed groups. ‘Senior officials’ of the ‘Donetsk
people’s republic’ and ‘Luhansk people’s republic’ have rarely been mentioned in th
(Donetsk region) in 2014. On suspicion of killing a serviceman of ‘Artemivsk’ special police
terrorism) of the Criminal Code. The victim’s father collected testimonies of witnesses as MoIA
on the ‘all for all’ mutual release of detainees. The armed groups insist that this issue will be
discussed only after the Government of Ukraine honours its obligation to “provide pardon
Ukraine”
Investigations into human rights violations by the Ukrainian military and law enforcement
inter alia
For instance, according to a witness, in January 2015, a high level ‘official’ of the ‘Donetsk people’s republic’
“pointed out to three Ukrainian captives –…, … and Ihor Branovytskyi, and said, to put it mildly, that he will
make them ‘girls’. Then he ordered to take them to the cemetery to dig graves for themselves”. According to
other witness, “three of us (Branovytskyi, myself and …) were pointed out by [the name of the high level
‘official’ of the ‘Donetsk people’s republic’] and ordered to take us on a long circuit. We three were taken in a
were lined up and fired shots by or above our heads”.
continue to be qualified as mere “abuse of power”.
committed by the Ukrainian military and of the “military invasion of the Russian Federation on
armed groups”, it is expected that
battalion “Tornado”. Eight of them are accused of creating a criminal gang, abuse of power,
––
The lawyer of the victim’s family’s
General overview of Maidan investigations
Ongoing trial of Berkut servicemen (killing of protestors)
special police unit ‘Berkut’ Serhii Kusiuk. The Prosecutor General deeme
2014; counteraction to protest actions of ‘tityshky’; adoption of ‘dictatorship’ laws on 16 January 2014; supplies
‘AutoMaidan’ movement; killings and infliction of bodily injuries to law enforcement during the protests;
in the morning of 20 February 2014, the use of force by Berkut’ may have been justified.
Unions) due to clashes between supporters of federalisation of Ukraine (‘profederalism’) and
(‘pronity’), no progress has been observed in the investigations.
Only ‘profederalism’ supportersaccused of mass disorder, and one ‘prounity’ activist
–
–
evidence. The Panel concluded that “[t]he challenges confronting those responsible for the
failings which did not inevitably flow from them”
Investigations by the Office of the Prosecutor General
Investigations by the Ministry of Internal Affairs
23 ‘profederalism’ supporters have been accused for mass disorder in the city ce
The only ‘prounity’ activist accused of killing of a protestor and injuring a police
November 2014. HRMMU notes essential pressure that ‘prounity’ supporters exert on the
court in Odesa, in August 2015, but hearings have not yet started. Following threats by ‘pro
unity’ activists and a member of Parliament
Parallel ‘administration of justice’ systems in the territories controlled by the armed groups
‘governance structures’ of the ‘Donetsk people’s republic’ and the ‘Luhansk people’s
republic’, with their own legislative frameworks, including parallel systems of law
enforcement and administration of justice (‘police’, ‘prosecutors’ and ‘courts’), in violatio
he ‘officials’ of the ‘Donetsk people’s republic’ and the ‘Luhansk
people’s republic’ are responsible and shall be held accountable for h
Pre-trial detainees in the territories controlled by the armed groups
Deprivation of documents of detainees released by the Government
Dnipropetrovsk who were handed over to the ‘Donetsk people’s republic’ in the context of
‘simultaneous releases’ in December 2014, and whose passports remain with SBU. In
Investigation into 31 August violence near the Parliament
treatment. The Ombudsperson’s Office visited
Case of Nelia Shtepa
HRMMU is concerned that following the killing of Shtepa’s former deputy
––
his and his driver’s murder, witnesses would be reluctant to testify. On 22 September, the
victim’s lawyer informed HRMMU that Kulmatytskyi had been questioned by the
old them at length about Shtepa’s attempts to draw the attention of the then
Case of Hennadii Korban
On 31 October, the leader of ‘UKROP’ party, and former candidate for mayor of
the practice of “repeated arrest”
. Korban’s lawyers allege violations of “the right
to lawful arrest”
Prosecution of Ukrainian citizens in the Russian Federation
Feldman v. Ukraine
Savchenko’s pre
rayon
The ‘Opposition Bloc’ branch in Kharkiv was prevented from registering for the local
–
in Kyiv. The ‘Opposition Bloc’ was prevented from conducting its electoral campaign and its
‘prounity’ activists, including Crimean Tatars and former member of voluntary
– –
– –
to be ‘traitors’ due to their alleged support to the de facto
in situ
The law “On the Establishment of the Free Economic Zone ‘Crimea’
e”
“On citizenship of the Russian Federation”
following the unrecognized ‘referendum’ of Mar
year prison sentence for participation in the ‘terrorist plot’
FZ “On Amendments to Articles 6 and 30 of the Federal
Law ‘On Citizenship of the Russian Federation’ and certain legislative acts of the Russian Federation” (4 June
On 12 October, a ‘court’ in Simferopol sentenced Eskender Nebiyev, a cameraman of
the Crimean Tatar TV channel ‘ATR,’ to two years and six months of prison for
“participation in mass riots” The sentence was immediately commuted by court to
his guilt. Nebiyev was arrested by the Crimean “police” on 22 April 2015, and accused of
supporters and opponents of Ukraine’s territorial integrity and await trial. HRMMU notes
expressing views challenging Crimea’s st
On 23 September, a ‘court’ in Crimea prolonged for two months the pre
network an article condemning the “annexation” of Crimea and calling for an “end to the war
allegedly waged by the Russian Federation against Ukraine”. Ilchenko was arrested on 2 July
2015 in Sevastopol, and accused of “inciting national, racial or religious enmity”.
On 14 October, the ‘police’ in Crimea prevented the head of the unregistered
monument in Simferopol, they were approached by ‘police officers’ and men in civilian
clothes who asked to check their documents and took them to the ‘police centre for
countering extremism’. They were questio
the actions of the ‘police’ see
of the ‘prosecutor’ of Crimea to remand him in custody. The notification mentions that
Chubarov was charged for “public calls for action aimed at violating the territorial integrity
deration”, and applies to any statements made on the Internet. The
‘prosecutor’ of Crimea stated that Chubarov had been placed on a wanted list and could be
from the Crimean ‘ministry of education’ concerning the language of education confirms the
–
–
–
de facto
de facto authorities. The ‘minister of education,
science and youth’ of Crimea stated in September that separate classes were opened for
ns as “nonresidents” from the point of view of Ukrainian law. A
declaration lodged by Ukraine accepting the Court’s jurisdiction with respect to alleged
exercise of jurisdiction of the Court. This is Ukraine’s second declaration und
of the Statute. On 17 April 2014, it accepted the Court’s jurisdiction over alleged crimes
and Cultural Rights, State Parties must “recognize the
just and favorable conditions of work”.
IDPs’ rights and limit their ability to obtain IDP status. A new rule obliges people
circumstances that led to the displacement “are absent” or have significantl
14 ‘On the State Bureau of Investigation’.
de facto
de facto authorities “are illegal and invalid, this
inhabitants of the [t]erritory”. This exception was upheld by the European Court of Human
Rights in its case law regarding the “T”
and “M”
Law of Ukraine ‘On Ensuring the Rights and Freedoms of Internally Displaced Persons’, No 1706
f Ukraine ‘On amendments to the Civil Procedural Code of Ukraine concerning the establishment of
the fact of birth or death on the temporary occupied territory’, No. 3171 of 22 September 2015
international treaties that “documents or requests made or issued by the occupying authorities of the Russian
h the authorities of the Russian Federation”. See note of the Ministry of Foreign
kraine 72/22
–Legal Consequences for States of the Continued Presence of South
Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276
Loizidou v. TurkeyCyprus v. Turkey
Ilascu and Others v. Moldova and Russian Federation
jurisprudence, which imply direct recognition by Ukraine’s institutions of the registration of
de facto
on the peninsula, participating “in the defence of national interests of Ukraine”, performing diplomat
point of ‘Berezove’ (Donetsk region) carrying boxes with grenades,
Maidan events, the adoption of the country’s first human rights
de facto
Annex 313
OHCHR, Accountability for Killing in Ukraine from January 2014 to May 2016 (2016)
Paragraphs Page
–
hors de combat
–
during clashes between ‘prounity’ and ‘profederalism’ supporters
‘March of Dignity’
hors de combat.
proclaimed ‘Donetsk people’s
’ ‘Luhansk people’s republic’
: ‘Brianka S’ ‘International
Piatnashki battalion’, ‘Kerch’, ‘Odesa’, ‘Rus’, ‘Somali’, ‘Sparta’, ‘Vostok’ and ‘Zaria’
Hereinafter referred to as ‘Donetsk people’s republic’.
Hereinafter referred to as ‘Luhansk people’s republic’.
: ‘Aidar’, ‘Azov’,
‘Dnipro1’, DUK, ‘Harpun’, ‘2’, ‘Shakhtarsk’ ‘Tornado)’, 25
‘law enforcement’ the ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’ ‘’
called Crimean ‘selfdefence’.
HRMMU is that there are “reasonable grounds to believe” that a particular incident occurred
jus cogens
African Charter on Human and Peoples’ Rights
about the Government’s derogation from some of its obligations under
incommunicado
“occupied and uncontrolled”, the application and implementation by
obligations under these treaties was “limited” and “not guaranteed” until the complete
toration of Ukraine’s sovereignty over its territory. The communications refer to treaty
provisions concerning “direct communication or interaction”. While there is no indication
Resolution of the Parliament of Ukraine ‘On derogation from certain obligations under
of Human Rights and Fundamental Freedoms’ of 21 May 2015.
“
…
”
“
”“
”
he ‘officials’
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ are responsible and shall be
force “to the –
–can only be to weaken the military potential of the enemy”.
the Involvement of Children in Armed Conflict which directly applies to armed groups: “[a]rmed
or use in hostilities persons under the age of 18 years”.
“under ce
rights” (General Recommendation No 30,
Security Council strongly condemned “the continued violations
the widespread human rights violations and abuses, perpetrated by armed groups” in the Central
Republic of the Congo, it reminded all parties “in Uvira and in the area that they must abide by
ontrol”
, and indicated that “the RCD
GOMA must… ensure an end to all violations of human rights and to impunity in all areas under its
control”
General’s Panel of Experts on Accountability in
’s jurisdiction with res
ly be used if it is “strictly
unavoidable in order to protect life”.
“[w]hile s
treatment, was actively promoted or encouraged by the Ukrainian authorities”.
“ ”
the ‘Berkut’ special police
‘’
trial custody; of 29 ‘Berkut’ commanders and servicemen:
reportedly fled the country; of 10 ‘titushky’: nine were on a wanted list, and one was indicted and
Law of Ukraine ‘On
which have taken place during peaceful assemblies and recognising the repeal of certain laws of Ukraine’.
‘’
‘’
‘’‘’
‘profederalism’ camp
supporters of ‘pro
federalism’
pressure from the ‘prounity’ camp.
Kharkiv, two people were killed on 14 March 2014, during the clashes between ‘prounity’
and ‘profederalism’ supporters, and people were killed by a blast during the ‘March of
’ on 22 February 2015. On 31 August 2015, four servicemen were killed during
humanitarian law requires that “[a]ttacks may only be directed
against combatants. Attacks must not be directed against civilians”.
“[t]he civilian population as such, as well as
individual civilians, shall not be the object of attack”.
–
–
“
”
Kupreški caseKordi and erkez case
Database on customary international humanitarian law,
Database on customary international humanitarian law,
Database on customary international humanitarian law,
On 13 October 2015, the Dutch Safety Board released the reports “Crash of Malaysia Airlines
flight MH17”. It concluded that “[t]he
air missile system… The area from which the
east of Ukraine. Further forensic research is required to determine the launch location”.
civilians, especially to those who “disobeyed” their orders.
hors de combat
hors de combat,
hors de combat
hors
de combat.
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’
–
hors de combat
hors de combat
members of the armed groups of the ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’. the ‘Donetsk people’s republic’ and ‘Luhansk
people’s republic’ collect evidence of alleged executions of members of the armed groups
had vocal ‘prounity’ views or were
armed groups of the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, or
“separatist” or “proRussian” views of
Armed groups appear to ‘investigate’ some cases
“[s]tates have a heightened level of responsibility in protecting the rights of detained
State responsibility”.
reparation to victims’ relatives, including
De facto
––
improvised ones (often referred to as “basements”). Thousands of
–
Elmi v. Australia
detention, or conceal the concerned person’s fate or whereabouts, placing him/her outside the
121 case of “intentional homicide”–
–
States’ obligation to protect the right to life, and prevent and punish murder (including
de facto
disappearances occurred in the days preceding the unrecognized March 2014 ‘referendum’
alleged victims were either ‘prounity’ supporters
–
–
hors de combat
‘Donetsk people’s republic’ and ‘Luhanskpeople’s republic’
‘law enforcement’ entities set up in the ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’
heir ‘investigations’ appear to be selective, focusing exclusively on acts
‘s’
– –
prosecutor’s offices
of ‘On prevention of persecution and punishment of individuals in
repeal of certain laws of Ukraine’ of 21 February 2014 so that it does not prevent
‘all for all’
forms of “exchanges” or “simultaneous releases of detainees” do not
Ukraine’s
proclaimed ‘Donetsk people’s republic’ and
proclaimed ‘Luhansk people’s republic’:
“complete
silence” along the contact line
human rights’
de facto
Crimean ‘selfdefence’
Cases of violations or abuses of the right to life in Ukraine
from January 2014 to May 2016
“”
“Summary Killings during the
Conflict in Eastern Ukraine” and “
Ukraine”by Amnesty International; “Fighting Impunity in Eastern Ukraine: Violations of International
Humanitarian Law and International Crimes in Eastern Ukraine” by the International Partnership for
“
Inhumane Treatment”
“Russian War
Crimes in Eastern Ukraine in 2014” by a group of volunteers commissioned by a member of the
Polish Parliament Magorzata Gosiewska; “Surviving Hell: Testimonies of Victims on Places of
Illegal Detention in Donbas” by the Coalition of public organizations and initiatives ‘Justice for Peace
in Donbas’; “Total Impunity in the ATO Area: Investigation of Killings and Disappearances” by the
Ukrainian Helsinki Human Rights Union; and “Searching for Justice: Investigation of Crimes Related
–
Recommendations of Human Rights Defenders” by the Centre for Civil Liberties
of the Coalition ‘Justice for Peace in Donbas’.
‘Peaceful advance’
ished the involvement of three ‘Berkut’
‘Berkut’ regiment from Kharkiv
uling of Pecherskyi District Court of Kyiv of 12 March 2016 in the case 757/39355/15,
called “
on”
–
“anti
terrorist operation”
newspaper ‘Vesti’, beaten
‘titushky’
Nine ‘titushky’ (all men) have been charged under article 115
‘Berkut’ special police
the ‘Berkut’ special police
Former commander of the ‘Berkut’ special police regiment, former commander of Kyiv ‘Berkut’
unit, his deputy and 23 other ‘Berkut’ servicemen
‘’
two ‘Berkut’ servicemen detained
the three other detained ‘Berkut’ servicemen
–
General, the link between Government’s counteraction
The individuals listed below were decorated by the President of Ukraine with title “Hero of Ukraine”,
is not investigated either by the Prosecutor’s Office, or by police; and
were ‘profederalism’
‘prounity’ supporter is
victims, Mr Yevhen Losinskyi, a ‘profederalism’ activist;
Regions’ office, in Kyiv, on 18 February); and Vi
(died after being stabbed during participation in a ‘prounity’ rally, in Donetsk, on 13 March).
‘prounity’ supporters
–
–
–
–
interim Government of Ukraine and supported Crimea’s accession to the Russian Federation.
–
to the peninsula, OHCHR has relied on the statements of the ‘prosecution’
de facto
On 14 March 2014, clashes between activists of the ‘profederalism’ group ‘Oplot’
and of the ‘prounity’ group ‘Patriots of Ukraine’ erupted in the city of Kharkiv, at
two ‘Oplot’ members
the Ministry of Internal Affairs, and Kharkiv Regional Prosecutor’s Office su
majority of the members of ‘Patriots of Ukraine’ involved in the shooting subsequently
served in the ‘Azov’ battalion in the conflict zone.
the “March of Dignity” in Kharkiv. On 25 February 2015,
constitutional amendments foreseeing some “special order of self
districts of Donetsk and Luhansk regions”, several
The Burykhins case
forensic record, the cause of death of Burykhin was “trauma
bones”, and Burykhina died of a “gunshot wound of the heart”.
Snizhne case
‘military commandant’s office’ of the ‘Donetsk people’s republic’.
Volodymyr Lobach case
was killed by members of ‘Azov’ battalion
victim was shot dead after a verbal confrontation with ‘Azov’ servicemen at the petrol
ne, they were threatened by ‘Azov’ battalion
‘Azov’
Serhii Skrypnik case
Roman Postolenko case
State Border Guard Service of Ukraine (SBGS) started pursuing Postolenko’s car, assuming
. According to the soldiers’ version of the incident, as they stepped out of the taxi, one
According to the lawyer of the victim’s wife, 10 bullets
hors de combat
Mykola Chepiha case
territorial defence battalion ‘Aidar’, Mr Mykola
the armed groups of the ‘Luhansk people’s republic’. He was kept for several days in the
–
esh Papa, who had died while in the Aidar battalion’s captivity on the same
the ‘Luhansk people’s republic’ stated publicly that one of two Ukrainian
ined by OHCHR, “penetrating perforated injuries of the chest that injured the
heart” caused Chepia’s death.
Oleksii Kudriavtsev case
battalion ‘Artemivsk’, was captured
investigation, the victim’s father found and interviewed nine people who
On 10 November 2015, after numerous applications of the victim’s father, in addition
Pavlo Kalynovskyi, Andrii Malashniak, Andrii Norenko and Dmytro Vlasenko case
–
because one of the soldiers was wounded. The armed groups members reportedly said: ‘let
us put bags on their heads’ and ‘take them to the dam’. Shortly thereafter, the witnesses
Andrii Havryliuk case
was under constant attacks by the armed groups of the ‘Donetsk people’s republic’. On 20
called ‘Sparta’ battalion, loaded onto
taken to the ‘Sparta’ base in the city of Donetsk.
ess heavily injured soldiers from the building, members of the ‘Sparta’ went back to take
is visible on the victim’s forehead. The body of Havryliuk was transferred to the
Ihor Branovytskyi case
taken to the former military base used by the ‘Sparta’ batt
call an ambulance and shot twice at the victim’s head. In addition to physical torture and ill
Albert Sarukhanian, Roman Sekh and Serhii Slisarenko case
On 22 January 2015, the armed groups of the ‘Donetsk people’s republic’ claimed
–
the ‘Donetsk people’s republic’ attacked an
group asked his fellows to stop, adding “there would be plenty of time for this after
securing the area”. The witness believes that the killings were carried out by mem
called ‘Vostok’ battalion, stating that those involved in this incident were
‘Vostok’ commander. After the latter arrived at the scene, they started
A case in Vuhlehirsk
–
called ‘international Piatnashki battalion’ took one of them out.
Roman Kapatsii case
truck if he wanted to live. Guarded by two armed groups’ members,
He could hear Kapatsii being stabbed. One of the armed groups’ members suggested to shoot
y a man who introduced himself as a “major of the Russian army” and promised he would
Alleged execution of a member of the armed groups near Vuhlehirsk
Yurii Diakovskyi, Yurii Popravko and Volodymyr Rybak case
‘Donetsk people’s republic’ with the State flag of Ukraine near the building of the city
supporters of the ‘Donetsk people’s republic’.
of the ‘Donetsk people’s republic’. They were last seen alive at the border of Kharkiv and
Alleged summary executions in Luhansk region in summer 2014
The circumstances of his death are described as “shot by Cossacks on the street”. On 28
June 2014, a civilian man died of a gunshot wound on his chest. He was “shot by militants
in the commandant’s office”.
Viktor Bradarskyi, Albert Pavenko, Ruvim Pavenko and Volodymyr Velichko case
parishioners of the evangelical church ‘Transfiguration of Christ’ were holding the Sunday
tor Bradarskyi and Mr Volodymyr Velichko, and two sons of the church’s Head –
–
on the same side, unburnt. Bradarskyi’s body was found in the reeds, about 20 metres away
‘martial court’ of the ‘Donetsk people’s republic’ in Sloviansk and individuals who either
‘minister of defence’ of the ‘Donetsk people’s republic’
events that occurred in Sloviansk between April and July 2014: “[w]e had an acting martial
court, and legislation of 1941 was introduced… And based on this leg
held courts, and we executed by shooting… In total, four people
pravosek”
obtained copies of the ‘judgements’ delivered by the ‘martial court’
Oleksandr Klymchuk case
. According to a ‘judgement’ of 22 June 2014, the ‘martial court’ found Mr Oleksandr
Klymchuk ‘guilty’ of attacking two unidentified civilians, and of killing one and injuring
region), on 2 June 2014. The ‘court’ ‘sentenced’ him to death through shooting. According
to the transcript of the ‘hearing’, Klymchuk admitted guilty and repented all his deeds.
rosecutor’s office in Kramatorsk, then controlled by armed
forced to ‘confess’ to a
“an explosion which caused numerous fractures of the facial bone
the brain”. On 28 January 2015, the State
probable relationship between Klymchuk’s mother and the examined body.
The ‘martial court’ comprised of ‘chair’ and ‘judges’, ‘prosecutor’, ‘defender’ and ‘secretary’.
Case of Oleksii Pichko
. On 17 June 2014, the ‘martial court’ ‘sentenced’ Mr Oleksii Pichko, a Sloviansk
e Council of the USSR “On martial law” of 22 June 1941,
“”
Stepan Chubenko case
introduced himself as a ‘rebel’ from the ‘Donetsk people’s republic’ called his mother and
victim’s mother, the body has partially decomposed and she was unable to identify her son;
called ‘Kerch’ battalion of the ‘Donetsk people’s republic’ had taken Chubenko to a trench
in absentia
by the ‘ministry of
state security’ of the ‘Donetsk people’s republic’ and awaits ‘trial’ in Donetsk for
Hennadii Khitrenko case
internal organs. According to the victims’ father, two local residents who had joined an
of the ‘Luhansk people’s republic’, came to his son’s house in the daytime,
took him to the yard and shot him. The alleged perpetrators reportedly told the victim’s
Olena Kulish and Volodymyr Alekhin case
–ed by the ‘Luhansk people’s republic’ –
old father and four neighbours’ children
known for their ‘prounity’
the couple in Alekhin’s vehicle.
the ‘prosecutor’s office’ of the ‘Luhansk people’s republic’ that two bod
the village Piatyhorivka could be her parents. In March 2015, Alekhin’s mother and a friend
of Kulish identified the bodies visually and the DNA expertise confirmed that the woman’s
called separate special brigade ‘Odessa’
of the ‘ministry of state security’ of the ‘Luhansk people’s republic’. According to the
‘prosecutor’s office’ of the ‘Luhansk people’s republic’, they have been
in connection with an ‘investigation’ of the other ‘case’, but indicated the burial site.
The Bochnevychs case
–
–were executed by the armed groups. According to the victims’
killing, a relative had gone to the victims’ house and noticed yellow cargo miniva
Bochnevychs’ house on 22 August 2014, reportedly coming from the nearly village of
. In the evening of 22 August 2014, Hryhorii’s brother came to
armed men soon returned and killed her. Serhii’s body was found in one of the outbuildings
Liana Vidak, Margarita Vidak and Marina Fedorenko case
called ‘Rus’ armed
group) arrived at the house, reportedly to check the local rumours that “those gipsies have
gold hidden in their garden and that is why they keep coming back”. After the women got
t (then controlled by Cossacks) for “interrogation”.
, the ‘Rus’ commander was informed by phone about the
re “disobeying the authorities”, ordered “to
scare them well and let them go”.
Brianka case
called ‘B SSR’ battalion, an
–
. In August 2015, the ‘law enforcement’ of the ‘Luhansk people’s republic’ allegedly
Anton Verenich and Vasyl Verenich case
groups of the ‘Luhansk people’s republic’. They were taken to the unit of the Ukrainian
Dmytro Piven case
‘Amstor’
‘terrorist’.
city’svictim’s
Mykyta Kolomyitsev and Serhii Tsarenko case
. On 23 September 2014, the ‘Donetsk people’s republic’ announced the discovery of
––
. Two graves discovered on the territory of the ‘Komunarska No 22’ mine were
‘office of the prosecutor general’ of the ‘Donetsk people’s republic’
men were killed by gunshots to the heads and chests. The ‘office of the prosecutor general’
Makiivka ‘police department’, “
Brigade from Dnipropetrovsk”.
–
ccording Kolomyitsev’s
come to the village of Komunar and stayed at his grandmother’s house. On the same day,
the “Palace of Culture” (DK) when Ukrainian
. HRMMU is not aware of any progress in the ‘investigation’ carried out by the
‘Donetsk people’s republic’. Accordi
Oleksandr Agafonov case
called ‘filtering group’ composed of two uniformed masked men and
onov’s death. On 28 October 2015, the Dzerzhynskyi
Volodymyr Bukreniov case
–
–
niov’s car,
“blocks” (probably explosives), others called Volodymyr and his friends “terrorists”
him, saying “finish off this one”. The witness then heard a submachine g
nearby. One armed man fired several shots at the Bukreniov’s car before
When the armoured vehicle left, Volodymyr’s companions put him
Volodymyr Kulmatytskyi and Hennadii Holota case
‘Dinpro1’
Vadim Bobrov case
four men in military uniform came to her son’s apartment, asked who was living there and
erodonetsk Prosecutor’s Office, as of 23 May 2016, the identities of persons complicit
Oles Buzyna case
‘Segodnia’ newspaper, was killed close to his home in Kyiv. He died of gunshot wounds to
(including DNA match) of the suspects’ involvement. The defence claimed that when
–
–
police battalion ‘Harpun’.
March 2016, the Pecherskyi District Court rejected the prosecution’s motion on extension
from 7 p.m. to 8 a.m., considering “the specific circumstances of the case, information of
f procedural obligations imposed on him during previously ruled measures of restraint”.
Bakulin, Plotnykov and Ustinov case
called themselves “commandant’s office of ‘Aidar’ battalion”. In the course of
territorial defence battalion ‘Aidar’.
. As of 1 June 2016, 10 servicemen of ‘Aidar’
or’s motion to hear the case in a closed
Volodymyr Nazdrychkin case
er sergeant of the special police battalion ‘Kyiv2’ sent
oint ‘Buhas’, near the Government
commander of ‘Kyiv2’ battalion and then driven to an unknown destination. At
approximately 2.30, Nazdrychkin’s car was reportedly exploded upon the commander’s
checkpoint and escaped into the field after his car was stopped by the gunfire of ‘Kyiv2’
involvement of commanders of the ‘Kyiv2’ battalion, no measures were ta
Denys Fomenko case
eturning. Nineteen minutes later he answered his mother’s call, saying he
“Searching for Justice: Investigation of Crimes Related to Violations of Rights to Life, Freedom
–
ions of Human Rights Defenders”
. On 14 July 2015, Fomenko’s mother was invited to identify the body of a man in the
(400 meters from the Fenolna station check point). While she recognized her son’s personal
into Fomenko’s death. His mother
Volodymyr Cherepnia case
A death in Donetsk (May 2014)
days by the ‘traffic police’ and members of the armed groups of ‘Donetsk people’s
republic’ for assisting the Ukrainian armed forces, claimed that her captors beat anot
Oleksandr Asieiev and Dmytro Pikalov case
with gunshot wounds on their heads were found in the building of town’s
Oleksandr Yevtushenko case
Execution in Snizhne (September 2014)
Mykhailo Slisenko case
–
23 servicemen of the voluntary ‘Aidar’ battalion were ambushed by members of the armed
called battalions ‘Zaria’ and ‘Rusichi’). After a fight that laste
approximately 15 minutes, two ‘Aidar’ servicemen escaped while the others were killed or
Slisenko, a serviceman of the ‘Aidar’ battalion. He appears to be calm,
by the ‘Zaria’ battalion in the building of the military commissariat in Luhansk. One
called ‘black doctor’ entered th
Slisenko’s death was confirmed by a chaplain of the ‘Aidar’ battalion, who had first
‘Zaria’ battalion talking about the disposal of the bodies
beginning “to smell and attract flies”.
Serhii Niiesh Papa case
. On 13 June 2014, the volunteer ‘Aidar’ battalion detained Mr Ser
‘local self
called the ‘9Company’. His legs were broken and he was kept in the basement of the
region) where the ‘Aidar’ battalion has been based since May 2014. The man died due to
Viacheslav Kazantsev case
certificate from the city’s emergency hos
Serhii Dolhov case
. In June 2014, the ‘Azov’ battalion (together with ‘Dnipro1’ battalion) was deployed
armed men wearing balaclavas entered the premises of the ‘Vestnik Piazovia’ newspa
chief, Mr Serhii Dolhov, was known for his ‘profederalism’ sympathies.
to the scene, nor the local prosecutor had any information about him and referred to “other
forces present in the city”.
As of 1 June 2016, Dolhov’s DNA
Maksim Popov case
proaching the ‘Novoazovsk’ border crossing point. Two days later, his wife went
having seen Popov’s car and confirmed that had let him pass. It is only at ‘Novoazovsk’
‘Shakhtarsk’ voluntary special police patrol battalion (currently ‘Tornado’ special police
patrol company), who, by phone, confirmed Popov’s detention and agreed to release him
latter informed Popov’s wife her husband had escaped after injuring his guards.
investigation into Popov’s disappearance
April 2015, the deputy commander of ‘Tornado’ company was using a Hummer H2 car
which she recognised as her husband’s, according to the descriptions. In the 62
a TV programme “Classified materials”, an unidentified participant in the security
detention of a “Russian who has a Hummer car”. “This Hummer he
Hummer”, he said.
Oleksandr Minchonok case
eceived an account of a former member of ‘Aidar’ battalion, who stated that his fellow
servicemen had stopped Minchonok’s car seeking an automatic gearbox for the instructor
‘Aidar’ battalion, he illegally seized the victim’s car.
called ‘patriotic’ groups on the court, his measure of restraint was
Serhii Kutsenko case
r that he had seen Kutsenko’s car driving past him
. Sometime after, Ms Kutsenko and her younger son saw Kutsenko’s car, decided to
. On 24 May 2014, a ‘company commander’ of the ‘militia’ of the ‘Donetsk people’s
republic’ Mr Dmitry Slavov (call sign Bolgar) and a ‘platoon commander’ Mr Nikolai
Lukyanov (call sign Luka) were sentenced to death by a ‘martial court’ in Sloviansk). The
‘order’ announcing their execution is dated 26 May 2014 and was signed by
‘commander of DPR militia’The two men were incriminated for “looting, armed robbery,
abduction of a person, leaving the military positions and concealing committed crimes”.
‘Somali’ battalion.
called ‘Somali’ battalion being were caught drunk while
Serhii Kostakov case
checkpoint ‘Bugas’ manned by the ‘Kyiv2’ special police patrol battalion. He was alive
kyi district of Donetsk region). According to the victim’s lawyer,
Dmytro Shabratskyi case
and sabotage squad of the ‘Aidar’ battalion, was found dead on the territory of the military
im’s lawyer, the investigation failed to take reasonable steps to
accounts of the victim’s co
authorities, despite the statements by the victim’s parents that two servicemen of the
of elements of a crime. The victim’s lawyer has filed an appeal to challenge the decision.
Reshat Ametov case
man picket in front of Crimea’s government building in Si
. The following day, the victim’s family reported him as missing to the local police
by ‘selfdefence’ groups
subsequently released. Reportedly, a local representative of the ‘selfdefence’ groups
informed the family that he was only taken away from the square but was not held “in
custody” by ‘selfdefence’ forces.
. On 15 March 2014, Ametov’s body was f
‘police’ under article 105 (murder) of the C
called Crimean ‘selfdefence’. Once
reported, the disappearances are investigated by the ‘Crimean police’, but so far they
aware of any request addressed to the Crimean ‘police’ to investigate this case.
unity political movement ‘Ukrainian House’. On 9 July 2014, the Crimean ‘police’ opened
Zinedinov. Relatives of the two men have been questioned by the ‘police’ and other
Dzhepparov’s father, Abdureshy ‘police’ was that
involved in allocating land to Crimean Tatars returnees. The ‘police’ opened criminal
disappeared after the ‘police’ conducted a search of his apartment.
“List of issues in relation to the seventh periodic report of the Russian Federation to the United
International Covenant on Civil and Political Rights”; Human Rights Committee, 18 December 2014,
opened criminal proceedings. On 10 September 2015, Crimean ‘police’
Arislanov’s house without providing any explanation to his wife. After the search, his wife
Annex 314
OHCHR, Report on the Human Rights Situation in Ukraine: 16 November 2015 to 15 February
2016
Paragraphs Page
The scariest moments of this war were when mortars were flying above our heads,
whistling. The shooting is starting and we have to hide my sick mother in the basement. We
are dragging her, she is screaming and urinates on herself
Prima facie
Civilian casualties
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Total casualties since the beginning of the conflict
.
Quinteros v. Uruguay
Ukrainian law enforcement and security forces
Armed groups
ad hoc
Releases of detainees
Ukrainian law enforcement and security forces
“It is so very difficult to forget this person who pressed the trigger; a mortar was
launched and turned my husband into a bed-ridden puppet”.
Armed groups
ad hoc
Maidan
2 May 2014 violence in Odesa
9 May 2014 violence in Mariupol
31 August 2015 violence
Kharchenko v. Ukraine
With the ‘passport control’ established by ‘Donetsk people’s republic’, traveling has
become even more complicated. Now we are stuck in this grey area for several hours,
without toilets, water or food. It is not possible to leave the paved road even if you really
need to, because everything around you is mined.”
Territory controlled by the Government of Ukraine
forum internum
Territory controlled by armed groups
Territory controlled by the Government of Ukraine
Territory controlled by armed groups
Territory controlled by the Government of Ukraine
Territory controlled by armed groups
“We lost everything. I spent my whole life building this house for my family. One day we
heard shooting and explosions. We ran, taking only our documents. When we returned a
few weeks later, all of our belongings were gone. The windows were shattered. There
were muddy footprints all over the house. They took everything we had.”
– Legal Consequences for States of the Continued Presence of South Africa in Namibia
(South West Africa) notwithstanding Security Council Resolution 276 (1970)
Loizidou v. TurkeyCyprus v. Turkey
Ilascu and Others v. Moldova and Russian Federation
Territory controlled by the Government of Ukraine
Territory controlled by armed groups
“is limited and is not guaranteed”
Ilascu and
others v. Moldova and RussiaCatan and others v. Moldova and Russia,
Vinter v. the UK та
de facto
de facto
de facto
in situ
de facto
de facto
de facto
de
facto
de facto
Volume IX - Annexes 299-314