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 XXVIII OF THE ANNEXES
TO THE MEMORIAL
SUBMITTED BY UKRAINE
12 JUNE 2018
TABLE OF CONTENTS
Annex 1093 Curriculum Vitae of Paul Robert Magocsi
Annex 1094 https://www.merriam-webster.com/dictionary/ethnic.
Annex 1095 Photos of the first anniversary of the establishment of the People’s
Militia(2015) archived at
http://crimea.gov.ru/foto/anniversaries/230220155.
Annex 1096 Photos of an event celebrating Crimea and Russia (16 March 2015), archived
at http://crimea.gov.ru/foto/anniversaries/16032015090316
Annex 1097 Photos of the Anniversary of the General Referendum (16 March 2015),
archived at http://crimea.gov.ru/foto/anniversaries/160315
Annex 1098 Photos of the First Anniversary of the Crimean Spring (16 March 2015),
archived at http://crimea.gov.ru/foto/anniversaries/151503
Annex 1099 Photos from a Crimean Spring Photo Exhibition (16 March 2015) archived at
http://crimea.gov.ru/foto/society/16032015205.
Annex 1100 Videos of Crimean Tatar Reshat Ametov Kidnapping
Annex 1101 Video of Bariiev Instructing the Crimean Tatars to Show Their Peaceful
Intentions in the Face of Provocation
Annex 1102 Video of Green Paint Being Splashed on Panelists at International Human
Rights Day
Annex 1103 Recording of Conversation between M. Efremova and L. Islyamov
Annex 1104 Record of covert surveillance prepared by A.O. Patsalay, Colonel and Senior
Designated Officer at the 3rd Office of the 2nd Directorate of the Criminal
Investigation Department of the Security Service of Ukraine (dated 21
January 2017)
Annex 1105 Record of covert surveillance prepared by A.O. Patsalay, Colonel and Senior
Designated Officer at the 3rd Office of the 2nd Directorate of the Criminal
Investigation Department of the Security Service of Ukraine (dated 22
January 2017)
Annex 1106 Record of covert surveillance prepared by O.V. Grebenyuk, Major and
Consulting Expert with the 3rd Office of the 2nd Directorate of the Criminal
Investigation Department of the Security Service of Ukraine (2 May 2017)
Annex 1107 Code pénal français, art. 421-2-2
Annex 1108 Human Rights Watch, Ukraine: Rising Civilian Death Toll (3 February 2015)
Annex 1109 International Civil Aviation Organization, International Conference on Air
Law, Montreal, September 1971, Volume II: Documents (1973)
Annex 1110 State Statistic Service of Ukraine, Population of Ukraine as of 1 January 2017
(2017)
- ii -
Annex 1111 Latest from the OSCE Special Monitoring Mission to Ukraine (SMM), Based
on Information Received as of 19:30 (2 February 2017)
Annex 1112 Petition dated 16 February 2018 filed by R.M. Ametov to Investigator of
High-Profile Cases at the First Investigative Office of the Directorate for
Investigation of High-Profile Cases with the Central Investigative Directorate
of the Investigative Committee
Annex 1113 Freedom of the Press 2017, Freedom house (6 June 2018), accessed at
https://freedomhouse.org/report/freedom-press/2017/russia
Annex 1093
Curriculum Vitae of Paul Robert Magocsi
2
Government
Publications Review
Choice Magazine Historical
Atlas of Central Europe
3
Paul Robert Magocsi: A Bibliography,
1964-1985
The First Five Years
Biohrafichnyi dovidnyk do istoriï ukraïntsiv Kanady
Tvorchosts
Nova
dumka
Information Bulletin of the
International Association for the Study and Dissimination of the Slavonic Cultures—UNESCO
Encyclopedia of Ukraine
Istorychna metafora profesora Magochiia
Notions of Nationalism
Ukraïns’ka literaturna entsyklopediia,
Canadian Who’s Who
Contemporary Authors
Of the Making of Nationalities There is No End,
ibid
Paul Robert Magocsi: A Bibliography,
1964-2000
The Chair at Twenty: A Commemoration
Slovo
East European Quarterly
Vony boronyly Karpats’ku Ukraïnu
The Writer’s Directory
Encyclopedia of Rusyn History and Culture.
4
Scholars of Bohemian, Czech, and Czechoslovak History tudies,
Entsyklopediia istori Ukrany
Bukovyns’kyi zhurnal,
Nationalities Papers,
Nationalities Papers,
Nationalities Papers,
Nationalities Papers,
Nationalities Papers,
Carpatho-Rusyns
and Their Neighbors: Essays in Honor of Paul Robert Magocsi.
Jakiej przeszlo odowych w
historiografii i debacie publicznej na Ukrainie, 1991-2004.
Zakarpattia v etnopolitychnomu vymiri.
Rusynstvo: mynule i suchasnist’.
Naukovyi visnyk Uzhhorods’koho universytetu, Seria: Istoriia,
Istoriia Ukraïny ochyma inozemtsiv: dovidnyk-khrestomatiia.
Paul Robert Magocsi: A Bibliography, 1964-2011.
Naukovets’, istoryk i hromads’kyi diiach: vnesok Pavla-Robert v nashe rozuminnia Ukraïny ta
tsentral’noï Ievropy
Rusyn,
Entsyklopedychnyi slovnyk
Lemkivshchyny.
Prešovskej univerzity
5
A Review of Soviet Ukrainian
Publications
Harvard Encyclopedia of American Ethnic Groups
Harvard Ukrainian Studies
Encyclopedia of New York City
Encyclopedia of Canada’s Peoples
Austrian History Yearbook
Canadian Slavonic Papers
Eidos
Holodomor
Polish Biographical Studies
Studium Carpato-Ruthenorum
6
Galicia: A Historical Survey and Bibliographic Survey
7
8
History of Ukraine
Of the Making of Many Nationalities
Of the Making of Nationalities There is No End
Encyclopedia of Rusyn History and Culture
Historical Atlas of East Central Europe
HAECE
HAECE
HAECE
HAECE
HAECE
Let’s Speak Rusyn—Bisidujme po-rus’k: Prešov Region Edition
Carpatho-Ruthenica at Harvard: A Catalog of Holdings
9
The Shaping of a National Identity: Subcarpathian Rus’, 1848-1948
Let’s Speak Rusyn—Hovorim po-rus’k: Transcarpathian Edition
The Ukrainian Experience in the United States: A Symposium
Wooden Churches in the Carpathians/Holzkirchen in der Karpaten: The Photographic
Legacy of Florian Zapletal
The Rusyn-Ukrainians of Czechoslovakia: An Historical Survey
Galicia: A Historical Survey and Bibliographic Guide
Our People: Carpatho-Rusyns and Their Descendants in North America
Ukraine: A Historical Atlas
Ucrainica in the University of Toronto Library: A Catalog of Holdings
Carpatho-Rusyn Studies: An Annotated Bibliography, Vol. I: 1975-1984
The Russian Americans
Morality and Reality: The Life and Times of Andrei Sheptyts’kyi
The Carpatho-Rusyn Americans
The Persistence of Regional Cultures: Rusyns and Ukrainians in Their Carpathian
Homeland and Abroad
The Rusyns of Slovakia: An Historical Survey
10
Historical Atlas of East Central Europe
Halychyna: istorychi ese
Formuvannia natsional’noï samosvidomosty: Pidkarpats’ka Rus’, 1848-1948
Rusyn na Slovens’ku/Rusíni na Slovensku
Rusíni a jejich vlast
A New Slavic Language is Born: The Rusyn Literary Language of Slovakia/Zrodil sa nový
slovanský jazyk: Rusínsky spisovný jazyk na Slovensku
A History of Ukraine
Let’s Speak English and Rusyn—Besheduime po angliiski i po ruski: Yugoslav Rusyn
edition
Carpatho-Rusyn Studies: An Annotated Bibliography1985-1994
Encyclopedia of Canada’s Peoples
Of the Making of Nationalities There is No End
The Roots of Ukrainian Nationalism: Galicia as Ukraine’s Piedmont
Historical Atlas of Central Europe
Aboriginal Peoples of Canada A Short Introduction,
An Encyclopedia of Rusyn History and Culture,
Rusyn’ski iazk,
Galicia: A Multicultured Land,
11
Carpatho-Rusyn Studies: An Annotated Bibliography, 1995-1999
The People from Nowhere: An Illustrated History of Carpatho-Rusyns.
Narod nizvidky: iliustrovana istoriia karpatorusyniv
Ukraine: An Illustrated History.
Let’s Speak Lemko Rusyn.
Istoriia Ukraïny .
Narod nyvdk: ilustrovana istoriia karpatorusynôv
Poporul de niciunde: istorie n imagini a rutenilor carpatici
Národ znikadial’: ilustrovaná história karpatských Rusínov
Narod nïodkadz: ilustrovana istoriia Karpatskikh Rusinokh
Narod niotkuda: ilustrirana povijest Karpatorusina
A History of Ukraine: The Land and Its People.
Entsyklopediia istoriï ta kul’tury karpats’kykh rusyniv
Carpatho-Rusyn Studies: An Annotated Bibliography 2000-2004
Ukraïna: istoriia ïï zemel’ ta narodiv
Iliustrovana istoriia Ukraïny
Carpatho-Rusyn Studies: An Annotated Bibliography 2005-2009.
12
A nép, amelyik sehonnan sem jött: A kárpáti ruszinok képes története
This Blessed Land: Crimea and the Crimean Tatars.
Krym: nasha blahoslovenna zemlia
Krym: nasha blahoslovennaia zemlia
Naró
With their Backs to the Mountains: A History of Carpathian Rus’ and Carpatho-Rusyns.
Let’s Speak Rusyn—Besduime po rusyn’sk: Prešov Region Edition
Kozhen karpatorusyn ie rusynom . . . ale ne kozhen rusyn ie karpatorusynom: statti
Jews and Ukrainians: A Millennium of Co-Existence
Ievrei ta ukrantsi: tysiacholittia spivisnuvannia
Babyn Yar: History and Memory
Babii Iar: istoriia i pamiat’
Chrbtom k horam: dejiny Karpatskej Rusi a karpatských Rusínov.
Let’s Speak Rusyn—Hovor’me po rusyns’k: Transcarpathian Edition
Carpathian Rus’: A Historical Atlas
Historia Ukrainy: ziemia i ludzie
13
Let’s Speak Rusyn/Besiduime po lemkivsk: Lemko Region Edition.
Recenzija
East European
Quarterly
Europa Ethnica
Austrian History Yearbook
Slavic Review
East-
Central Europe
East European
Quarterly
Harvard Library
Bulletin
Ethnic Literatures Since 1776: The Many Voices
of America
The
Ukrainian Experience in the United States
The Language Question Among the Subcarpathian Rusyns
Harvard Library Bulletin
Harvard Ukrainian Studies
Harvard Encyclopedia of American Ethnic Groups
passim
National Cultures and University Chairs
Su Lian Wen Hua Jiao Yu
Slovakia
14
Nationbuilding and the Politics of Nationalism: Essays on Austrian Galicia
ibid
American
Contributions to the Ninth International Congress of Slavists
The Peter Jacyk Collection of Ukrainian Serials: A Guide to Newspapers and Periodicals
Aspects of the Slavic Languages Question East Slavic
ibid
The Ethnic Press in the United
States: A Historical Analysis and Handbook
Government Publications Review
Journal
of Ukrainian Studies
Cross Currents
Slavic Themes: Papers from Two Hemispheres
Ukrainians in Ontario Polyphony
Canadian Review of
Studies in Nationalism
Polish Review
Adelphotes: A Tribute to Omeljan Pritsak by his
Students/Harvard Ukrainian Studies
Coexistence: A Review of East-West
and Development Issues—Special Issues: The Émigré Experience
15
Czechoslovakia 1918-88:
Seventy Years From Independence
Harvard Ukrainian Studies
Canadian Review of Studies in Nationalism
Europa Ethnica
Nationalism and
Empire: The Habsburg Empire and the Soviet Union
Zeszyty Historyczne
Minorities in Politics: Cultural and Language Rights
The Polish Quarterly Journal of International Affairs
Slovakia
Slovenský národopis
Osteuropa
Canadian Slavonic Papers
Cross
Currents
Christianity and the Eastern
Slavs Slavic Cultures in the Middle Ages/California Slavic Studies
Nationalities Papers
The End of the Nation-State?: The Revolution of 1989 and the Future of Europe/La fin des
états-nations?: La révolution de 1989 et le sort de l’Europe.
Nationen, Nationalitäten, Minderheiten
Sigismund von Luxembourg: Kaiser und König
in Mitteleuropa 1387-1437
16
International Journal of the Sociology of
Language
Nationalities Papers
Jahrbücher für Geschichte Osteuropas
Ukraine — A Developing
Democratic Polity/Journal of Ukrainian Studies
Revue des études
slaves
American Immigrant
Cultures: Builders of a Nation
The
Encyclopedia of American Catholic History
Canadian Slavonic
Papers
Iazykie malye
i bol’shie: In Memoriam Acad. Nikita I. Tolstoi/Slavica Tartuensis
Glanz und Elend der Peripherie: 120 Jahre Universität
Czernowitz
Logos
Focus
on Rusyns
Ukraine Österreichische Osthefte
Nations and Nationalism in
East-Central Europe, 1806-1948.
Galicia: A
Multicultured Land.
Canadian Slavonic Papers
History of the
Literary Cultures of East-Central Europe: Junctures and Disjunctures in the 19th
and 20th Centuries,
17
Austrian History Yearbook,
Die Habsburgermonarchie 1848-1918, Politische Öffentlichkeit und
Zivilgesellschaft,
Churches In-between: Greek Catholic Churches in Postsocialist Europe.
Committing Communities: Carpatho-Rusyn Studies as an Emerging
Scholarly Discipline.
Encyclopedia of Rusyn
History and Culture.
Geschichtsbilder in den postdiktatorischen Ländern
Europas. Journal of Ukrainian
Studies,
Does a Fourth Rus’ Exist? Concerning Cultural Identity in the Carpathian
Region.
Journal of Ukrainian Studies,
Die Ukraine: Prozesse der
Nationsbildung.
Slavic Languages in Migration,
Coexistence and Violence in the German,
Russian, and Ottoman Borderlands.
Jews and SlavsGalicia, Bukovina and
Other Borderlands in Eastern and Central Europe
Nationalities Papers
18
The Palgrave
Handbook of Slavic Languages, Identities, and Borders
19
20
21
22
23
24
25
26
27
Encyclopedia of Rusyn History and Culture
The Encyclopedia of Rusyn History and Culture
Doctor honoris causa
Proceedings of the Conference on Carpatho-Ruthenian Immigration
The Peter Jacyk Collection of Ukrainian Serials—A Guide to Newspapers
and Periodicals
The Millennium Collection of Old Ukrainian Books at the University of Toronto Library
Morality and Reality: The Life and
Times of Andrei Sheptyts’kyi
Eastern Catholic LifeUkrainian WeeklyByzantine Catholic World
Ukrainian Weekly New Perspectives
America
The Catholic RegisterCatholic
New TimesAmerica
Ukrainian WeeklyUkrainian Echo
New Perspectives
The World and I
University of Toronto Bulletin
PMC: Practice of Ministry in Canada
The Ukrainian Weekly
Ethnocultural Notes and Events, University of Toronto
World and I
Carpatho-Rusyn American
Compass
Encyclopedia of Canada’s Peoples
36
Annex 1094
https://www.merriam-webster.com/dictionary/ethnic.
Examples: ETHNIC in a Sentence
1 ethnic
adjective | eth·nic | \ eth-nik \
Updated on: 7 Jun 2018
See ethnic defined for English-language learners
a : of or relating to large groups of people classed according to common
racial, national, tribal, religious, linguistic, or cultural origin or
background
b : being a member of a specified ethnic group
c : of, relating to, or characteristic of a minority ethnic group
1
· ethnic minorities · ethnic enclaves
· an ethnic German
ethnic
neighborhoods
·
· ethnic foods
: of or relating to the Gentiles or to nations not converted to
Christianity : HEATHEN, PAGAN
—Henry
Wadsworth Longfellow
2
· … ancient ethnic revels of a faith long since forsaken …
Definition of ETHNIC
SINCE MENU
0
The U.S. has a wide variety of ethnic groups made up of immigrants or their
descendants.
children who were raised in a home where there was a strong ethnic
consciousness
This is an electorate that is experiencing status decline in a society marked
by growing racial equality and ethnic diversity.
Will Bunch, Philly.com, "How the chaos of 1968 set the stage for a
President Donald Trump | Will Bunch," 24 May 2018
—
At the root of Trump's appeal to his voters is a promise to check the
disruptive forces of globalized economics and ethnic diversity that have been
remaking the United States in recent decades.
Stephen Collinson, CNN, "What the royal family and Donald Trump
both understand," 21 May 2018
—
In his remarks, Sirisena said that his government on the path to ethnic
reconciliation.
Examples of ETHNIC in a Sentence
Recent Examples of ETHNIC from the Web
SINCE MENU
These example sentences are selected automatically from various online news sources to reflect current
usage of the word 'ethnic.' Views expressed in the examples do not represent the opinion of Merriam-
Webster or its editors. Send us feedback.
Washington Post, "Sri Lanka marks end to civil war as a divided nation,"
21 May 2018
Middle English, from Late Latin ethnicus, from Greek ethnikos national,
gentile, from ethnos nation, people; akin to Greek thos custom — more at
SIB
Synonyms
ethnical, racial, tribal
Antonyms
nonracial
ectomorph, ethnography, prehistory, yurt
2
noun
Origin and Etymology of ETHNIC
ETHNIC Synonyms
Other Anthropology Terms
ethnic
SINCE MENU
@-----
See ethnic defined for English-language learners
See ethnic defined for kids
: a member of an ethnic group; especially : a member of a minority group
who retains the customs, language, or social views of the group
These example sentences are selected automatically from various online news sources to reflect current
usage of the word 'ethnic.' Views expressed in the examples do not represent the opinion of Merriam-
Webster or its editors. Send us feedback.
In the late 1960s, the mayor was wooing white ethnics.
Sam Roberts, New York Times, "Mary Sansone, a Grass-Roots Political
Godmother, Dies at 101," 15 May 2018
—
Researchers have said that facial recognition algorithms often fail to
identify, or misidentify, people of certain racial or ethnics groups.
Jon Schuppe /, NBC News, "Axon's police body cams could be getting an
AI upgrade. Civil rights groups are worried.," 26 Apr. 2018
—
For instance, in 2016 ethnic Amharas based in the Wolkait district opposed a
federal plan that reorganized their land and placed it within the boundaries
of the Tigray Regional State.
Yohannes Y. Gedamu, Washington Post, "Ethiopia just pardoned
political prisoners. Could that signal a shift to real democracy?," 9 Feb.
2018
—
ETHNIC
Recent Examples of ETHNIC from the Web
First Known Use of ETHNIC
SINCE MENU
<inition of
MerriamWebster
2fly US
ETHNIC Defined for English Language Learners
above
See Words from the same year
NEW! Ti T l
bourgeois, ethos, eugenics, exurb, incommunicado, intelligentsia,
megalopolis, metrosexual, mores, subculture
Phrases Related to ETHNIC
ethnic minorities
adjective
: of or relating to races or large groups of people who have the same
customs, religion, origin, etc.
: associated with or belonging to a particular race or group of people who
have a culture that is different from the main culture of a country
Other Sociology Terms
Related Phrases
ethnic
Definition of ETHNIC for English Language Learners
SINCE MENU
§he
meaning defined
ETHNIC Defined for Kids
noun
: a person who belongs to a particular ethnic group
adjective | eth·nic | \ eth-nik \
— adverb
: of or relating to groups of people with common characteristics and
customs · ethnic food
\-ni-k-l\
Thesaurus: All synonyms and antonyms for ethnic
Spanish Central: Translation of ethnic
Nglish: Translation of ethnic for Spanish speakers
Britannica English: Translation of ethnic for Arabic speakers
ethnic
Definition of ETHNIC for English Language Learners
ethnic
Definition of ETHNIC for Students
ethnically
Learn More about ETHNIC
SINCE MENU
Annex 1095
Photos of the first anniversary of the establishment of the People’s Militia(2015) archived
athttp://crimea.gov.ru/foto/anniversaries/230220155.
Государственный Совет Республики Крым - Фотогалерея - 23.02.2015 - В Крыму отметили первую годовщину создания Народного ополчения
http://crimea.gov.ru/foto/anniversaries/230220155[5/22/2018 11:38:31 PM]
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http://crimea.gov.ru/foto/anniversaries/230220155[5/22/2018 11:38:31 PM]
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Annex 1096
Photos of an event celebrating Crimea and Russia (16 March 2015), archived at
http://crimea.gov.ru/foto/anniversaries/16032015090316
Государственный Совет Республики Крым - Фотогалерея - 16.03.2015 Крым и Россия навеки вместе!
http://crimea.gov.ru/foto/anniversaries/16032015090316[5/22/2018 11:43:33 PM]
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http://crimea.gov.ru/foto/anniversaries/16032015090316[5/22/2018 11:43:33 PM]
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Annex 1097
Photos of the Anniversary of the General Referendum (16 March 2015), archived at
http://crimea.gov.ru/foto/anniversaries/160315
Государственный Совет Республики Крым - Фотогалерея - 16.03.2015 - Годовщина проведения общекрымского референдума – это праздник крымского характера, - Владимир Константинов
http://crimea.gov.ru/foto/anniversaries/160315[5/22/2018 11:42:07 PM]
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http://crimea.gov.ru/foto/anniversaries/160315[5/22/2018 11:42:07 PM]
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Annex 1098
Photos of the First Anniversary of the Crimean Spring (16 March 2015), archivedat
http://crimea.gov.ru/foto/anniversaries/151503
Государственный Совет Республики Крым - Фотогалерея - 16.03.2015 - В Крыму празднуют первую годовщину «Крымской весны»
http://crimea.gov.ru/foto/anniversaries/151503[5/22/2018 11:41:22 PM]
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http://crimea.gov.ru/foto/anniversaries/151503[5/22/2018 11:41:22 PM]
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Annex 1099
Photos from a Crimean Spring Photo Exhibition (16 March 2015)archived at
http://crimea.gov.ru/foto/society/16032015205.
Государственный Совет Республики Крым - Фотогалерея - 16.03.2015 В крымском парламенте открылась фотовыставка «Крымская весна»
http://crimea.gov.ru/foto/society/16032015205[5/22/2018 11:44:18 PM]
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http://crimea.gov.ru/foto/society/16032015205[5/22/2018 11:44:18 PM]
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Annex 1100
Videos of Crimean Tatar Reshat Ametov Kidnapping
Annex 1101
Video of Bariiev Instructing the Crimean Tatars to Show Their Peaceful Intentions in the Face of
Provocation
Annex 1102
Video of Green Paint Being Splashed on Panelists at International Human Rights Day
Annex 1103
Recording of Conversation between M. Efremova and L. Islyamov
Annex 1104
Record of covert surveillance prepared by A.O. Patsalay, Colonel and Senior Designated Officer
at the 3rd Office of the 2nd Directorate of the Criminal Investigation Department of the Security
Service of Ukraine (dated 21 January 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51
Declassified
127
Pictured above: S.V. Zhyrenko and D.D. Yakob exiting their place of temporary residence
2663, /28/2017
-- 4
Pictured above: S.V. Zhyrenko and D.D. Yakob survey the environs of the Government Building
(12/2 vul. Hrushevskoho)
Pictured above: S.V. Zhyrenko and D.D. Yakob survey the environs of the Government Building
(12/2 vul. Hrushevskoho)
Pictured above: image of the Cabinet of Ministers of Ukraine taken from the Internet
..
l
t
' J
Pictured above: S.V. Zhyrenko and D.D. Yakob near the Cabinet of Ministers of Ukraine and
Verkhovna Rada
Pictured above: the route followed by S.V. Zhyrenko and D.D. Yakob
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Pictured above: S.V. Zhyrenko and D.D. Yakob by Kyiv Bus Station (railway station, 32 vul. S.
Petlyury)
Pictured above: S.V. Zhyrenko and D.D. Yakob by Kyiv Bus Station (railway station, 32 vul. S.
Petlyury)
21
1460T
Annex 1105
Record of covert surveillance prepared by A.O. Patsalay, Colonel and Senior Designated Officer
at the 3rd Office of the 2nd Directorate of the Criminal Investigation Department of the Security
Service of Ukraine (dated 22 January 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51
2738 March 31, 2017
Photo: S. V. Zhyrenko and D. D. Yakob outside the
Kyiv Bus Station with the packet they have received.
Photo: D. D. Yakob in the courtyard of numbers 36–V and
32–B Ye. Konovaltsya Street, examining the surroundings.
Photo: S. V. Zhyrenko moving along number 36–V
and examining his surroundings.
1-4-62-T
Annex 1106
Record of covert surveillance prepared by O.V. Grebenyuk, Major and Consulting Expert with
the 3rd Office of the 2nd Directorate of the Criminal Investigation Department of the Security
Service of Ukraine (2 May 2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
Conversation by mobile phone
S. V. Zhirenko
End of telephone conversation
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
D. D. Yakob
S. V. Zhirenko
Conversation by phone.
S. V. Zhirenko
D. D. Yakob
inaudible
inaudible
inaudible
inaudible
inaudible
inaudible
Ref. No2/2/3- 11954t of 04.05.17
Declassified ref No 2/2/3-13965dsh
of 07.06.17
Assistant to head of department for access –
Head of Official Secrets Department
of the Security Service of Ukraine
Colonel O. Gubernichuk
3304t
05.05.2017
– Main Investigations Directorate,
Security Service of Ukraine 1140t/igc
04.05.17
---
Annex 1107
Code pénal français, art. 421-2-2
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Annex 1108
Human Rights Watch, Ukraine: Rising Civilian Death Toll (3 February 2015)
HUMAN
RIGHTS
WAT C H
ROCKET IMPACT SITES IN EASTERN MARIUPOL
Remnants of rocket« in the ground, craters, and damage to
buildings showed that the rockets struck from the east on
January 24, 2015
oo
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t..pl...-1gl.%he
----
---
Attack on a Trolley Bus in Donetsk, January 22
■
Attack on Kirov District, Donetsk, January 18, 2015
Attacks on Hranitne, January 13 and 20
I
Other Attacks
0
0
•
•
•
•
•
•
0
0
0
•
•
•
•
0
Annex 1109
International Civil Aviation Organization, International Conference on Air Law, Montreal,
September 1971, Volume II: Documents (1973)
- 29
SUMMARY OF THE WORK OF THE LEGAL COMMITTEE
DURING ITS EIGHTEEN'TH SESSION
(EXTRACT)
PART II
CUI Doe No. 5
Agenda Item No. ; Preparation of a draft convention on acts of unlawful
interference ainsf international cvff aviation
other than those covered by the dr 't convention on
un..aw seizure of airers 't
Introduction
l. At its Seventeenth Session (February-March 1970) the Legal Committee
prepared a draft convention on unlawful seizure of aircraft as a final draft
whien, in its opinion, was ready for presentation to the States with a view to
adoption nt t diplomatic conference, A diplomatic conference to consider that
draft couvention is to be held in December 1970.
2. Shortly after that session an Extraordinary Session of the Assembly
of ICAO was convened to consider urgently the serious situation which had
developed from an increasing number of acts of violence endangering international
air navigation. Sub-item b) of the Assembly's Agenda read;
consideration of arrangements under which those
responsible for criminal actions endangering
civil air transport can be brought to Justice
The Assembly took certain decisions, including the adoption of the following
two, among other, Resolutions, By Resolution Al7-, the Assembly called upon
States invited to attend the diplomatic conference to make every reasonable
effort at such conference to agree on a convention based on the draft convention
prepared by the Legal Committee, Further, by Resolution AI7-20, the Assembly
directed the Council of ICAO to convene the Legal Committee in order to prepare,
as the matter of first priority, a draft convention on acts of unlawful
interference against international civil aviation (other than those covered by
the draft convention on unlawful seizure of aircraft).
2.1 Therefore, the present (Eighteenth) Session of the Legal Committee
was convened
Basis of discussion
• The Legal Committee, according to practice and in accordance with
recommendations of the ICAO Assembly, gives general consideration to a subject
on its work programme entailing the development of a convention on international
air law, then appoints a subcommittee to examine the subject in detail and to
present draft texts, Such text and report from the subcommittee are then
considered by the Legal Committee. With respect to the present subject, however,
the urgency of the situation did not permit of study of it by a subcommittee in
the first instance, In the circumstances, the Chairman of the Legal Committee,
with the assistance of the Secretariat, prepared a draft convention on acts of
unlawful interference against international civil aviation, together with a
report which will be found in LC/Working Draft No. 75, That document constituted
the basis of discussions at the present session and in addition there were
proposals and comments received from States and international organizations, the
documents pertaining to which are shown in the list of documents attached to
Part I of this Report,
CUI Doc No.
- 30Objective
, The objective of the work of the Legal Committee was that specified
in Assembly Resolution Al7-20 (referred to above), namely, "to prepare .. . •
a draft convention on acts of unlawful interference against international civil
aviation (other than those covered by the draft convention on unlawful seizure
of aircraft)".
The acts; definition of offence
5, Tc expression, in the Assembly Resolution, "acts of unlawful
interference against international civil aviation", would by itself be
insufficiently precise for the purpose of defining a criminal offence, The
Committee considered whether some other general expressions might be used to
describe the acts which the convention would declare to be an offence, for
example, a in Article 1(c) of LC/Working Draft No. 75l, "any act or omission
which e dangers aircraft or persons and property on board". Most Delegations
agreed that it would be important to describe the offence not in general
terms but be specifying particular acts, After examination of the text of
Article I in Ir/Working Draft No. 75l, the Committee appointed a Working Group
to formulete a text ir the light of discussions in the Committee,
5.1 Following examination of the results of the work of that Working
Group, the Committee agreed on texts specifying separate acts the commision
of which 1s to be declared an offence. In some cases such an act would be
inherently destructive or harmful and, 1f intentionally done (and not through
inadvertence or mere negligence), would constitute an offence, In other cases
the commission of an act accompanied by the intention of endangering the
safety of aircraft in flight would be an offence. An omission to do an act,
if accompanied by the intention of endangering the safety of aircraft in flight
would also be an offence, .2 If a person attempts to do one of the above described acts or is an
accomplice of a person who performs or attempts to perform any of them, he thereby
commits an offence, There was discussion whether conspiracy to do such an act
or omission should be declared an offence, because according to some national
legal systems conspiracy by itself is not an offence. It was decided to
include conspiracy.
,3 In all cases, of course, the act would not constitute an offence if
the act or omission was "lawful", that is to say, either done with legal
authority or as a measure of self-defence or with other legal Justification.
5.4 The texts mentioned in the foregoing subparagraphs, after being
generally accepted by the Committee, were examined from the point of view of
drafting by a Drafting Group. As eventually adopted by the Legal Committee,
the acts and omissions which are declared in the draft convention to constitute
an offence are set forth in Article 1, including items (1) to (9) thereof;
8ee text of the draft convention prepared by the Legal Committee in the Annex
to this Part (Part II) of this Report.
"In service"
- 31CUI
DO¢ No. 5
6. In some of the clauses of Article l there is reference to "aircraft
1n service". Therefore, a definition of the term "in service" 1s provided in
paragraph l(a) of Article 2 of the draft convention (Annex) while paragraph 1(b)
of uat Article extends, in the case of an unlawfully seized aircraft, the
period caring which it is to be considered "In service".
6.l The expression "aircraft in flight" which occurs in Article l has been
defined in paragraph 2 of Article 2, The definition follows, with adaptations,
that to be found in Article 5 of the Tokyo Convention.
Punishment
7. Views were expressed to the effect that while it could be appropriate
in the draft convention on unlawful seizure of aircraft to state that "each
Contracting State undertakes to make the offence punishable by severe penalties",
the case was different in the convention now being drafted because there were
several different acts each of which would constitute an offence; and that,
therefore, each offence should be punishable in accordance with its gravity,
Ilowever, it was decided to repeat the language of the draft convention on
unlawful .eizure of aircraft, but to put "the offence" in the plural; see
Article of the Annex,
Scope of convention
8. The Assembly, in Resolution Al7-20, speaks of unlawful interference
against "International civil aviation". The draft convention prepared by the
Chairman (LC/Working Draft No. 75) correspondingly refers, in Article l, to
"damage in relation to international air navigation" and also mentions in
Article 3(b) that the convention would not apply "when the damage occurs in the
State of registration of the aircraft involved", The Committee considered
the question whether the convention should not contain a statement to
indicate that it would not apply to a case where the act performed and the
resulting damage were confined to a single State, without any "international
element", A proposal was made with such intent; it entailed formulation of a
definition of international air transport. A formula which would make the
convention applicable only to cases where the interests of more than one State
were involved was suggested by the Secretariat, pursuant to a request made
in the Committee, On the other hand, the view was expressed that in actual
practice no State whose interests were not directly affected by an incident
was likely to claim Jurisdiction or request extradition; and therefore it was
not necessary to include in the convention a statement concerning "international
element", This last view prevailed in a vote taken on the subject,
Civil aircraft
9. There was a suggestion that the protection of military and other State
aircraft was also a matter of international concern and, therefore, the convention
should be applicable in respect of such aircraft also, It was decided to state
in the convention that it shall not apply to aircraft used in military, customs
or police services; see Article (a) of the Annex hereto,
CUI Doc No. 5
- 32 Exclusion
of cases of unlawful seizure of aircraft
10. As stated above, the Assembly, in Resolution Al7-, called upon
States to try to agree at the diplomatic conference to be held in December on
a convention based on the draft convention on unlawful seizure of aircraft
prepared by the Legal Committee, According to Resolution Al7-20 a complementary
draft convention was to be prepared by the Legal Committee on the subject of acts
of unlawful interference against international civil aviation "other than those
covered by the draft convention on unlawful seizure of aircraft". Therefore, in
the draft convention prepared by the Chairman of the Legal Committee, LC/Working
Draft No. 75l, it was stated, in Article , paragraph 2(e), that the convention
now being drafted shall not apply to acts of unlawful seizure of aircraft, It
was argued, however, that such a statement need not be included in the new draft
convention because, it was stated, this draft in defining an offence in Article l
did not include an act of unlawful seizure of aircraft. This view prevailed.
Tokyo Convention
l. The Committee decided not to include in the draft convention a
statement on the relationship between the present draft and the Tokyo Convention
of 1963 and that it would be more appropriate for the diplomatic conference after
it will have taken decisions on the new draft convention to consider the subject
of such relationship in the event of there being conflicting provisions in the
two instruments,
Jurisdiction
l2, The Committee considered that each State which would become a party
to the convention now being drafted should establish its Jurisdiction over the
offences defined in Article l when such offence has beem committed in its territory
or against an aircraft registered in that State or where the effect of such an
offence occurred in its territory, These views are included in paragraph l of
Article of the Annex, There was a proposal that in the case of conspiracy the
State in the territory of which an act was intended to be committed should also
have the obligation to establish its Jurisdiction over the offence of conspiracy.
The Committee decided that the mere intention to commit damage in the territory
of some State, whether or not the offence of conspiracy was also involved, should
not oblige such a State to establish its Jurisdiction.
12.1 A particular problem, namely the case of an offence committed on
board an aircraft operated by a carrier which has its head office in that State and
that State is not the State of registration, was considered, in relation to the
question of Jurisdiction, by the Legal Committee at its Seventeenth Session
during the preparation of the draft convention on unlawful seizure of aircraft,
The Committee at that session decided not to include in that draft convention a
statement concerning the Jurisdiction of such a State, but appointed rapporteurs
to study the matter (see paragraphs ll.l and 25 of the report of that session,
Doc 8865, LC/159). e chairman of the Legal Committee in preparing the drart of
a convention for the present session included a provision on this subject, namely,
in paragraph of Article l of LC/Working Draft No. 75l, to the effect that a
State such as that described above "may take necessary measures to establish its
- 33CUI
Doc No, 5
Jurisdiction over the offence." He prepared that text in the Spanish language.
It was correctly translated in the French text. However, the Secretariat in
preparing the English translation made an error and the English text reads "shall
take the necessary measures", This discrepancy in the text available to the
Delegates at this session was unnoticed when the Committee decided in principle,
and sub,iect to drafting, to incorporate in the present draft convention the text
appearing in Article A, paragraph , of the Chairman's provisional draft
mentioned above, When the discrepancy was later discovered, it was far too late
in the session for the Committee to take a decision on the question whether such
a State must establish Jurisdiction, Noting that the question of Jurisdiction
of such a State is likely to be decided by the diplomatic conference in December
when it considers the draft convention on unlawful seizure of aircraft, the
Committee took no decision as between "shall" and "may", Therefore, in paragraph 2
of Article 5 of the Annex each of those two expressions appears within brackets,
12.2 The draft contains a statement, in paragraph of Article 5, that the
convention does not exclude any criminal jurisdiction exercised in accordance
ith national law.
State in which alleged offender is present
5, Article 6 of the draft convention on unlawful seizure of aircraft
specifies that the State in the territory of which the alleged offerdcr 1s
present shall take certain measures including making of a preliminary enquiry
into the facts, taking that person into custody or otherwise detaining him until
decisions concerning prosecution or extredition are taken and notifications
concerning the case to interested States, The Committee decided to include the
same provisions in the new draft convention; see Article 6 in the Annex,
Prosecution
l, As in Article 7 of the draft convention on unlawful seizure of
aircraft, the text of the new draft convention prepared by the Legal Committee
provides that the State mentioned in the foregoing paragraph shall, if it does
not extradite the alleged offender, be obliged to submit the case to its
competent authorities for their decision whether to prosecute him; and these
authorities shall take their decision in the same manner as in the case of other
offences,
Extradition
15, Article 8 of the draft convention on unlawful seizure of aircraft
provides that the offence shall be deemed to be included as an extraditable
offence in any extradition treaty existing or to be concluded between Contracting
States; that the offence shall be recognized as an extraditable offence as
between States which do not require an extradition treaty for purposes of
extradition: and that for purposes of extradition the offence shall be deemed
to have been committed also in the State of registration of the aircraft or the
State in which the aircraft lands with the offender on board. The Committee
decided to adopt in the new draft convention similar provisions as in Article 8
of the draft convention on unlawful seizure of aircraft (subeet to scrutiny by
CUI Doc No. 5
the Drafting Group as regards any drafting points),() mis decision having been
taken by 2l votes in favour, none against, with 2 abstentions, the Committee
further aeeied not to consider a proposal that "the acts enumerated in
Article l shall not be considered as political crimes for the purpose of
extradition", The provision on extradition adopted by the Committee is set out
in Article 8 of the Annex.
15.l The Committee took note of a further proposal presented by the
Delegation of Brazil to the effect that;
"ph Committee should discuss the principle that
the offences enumerated in Article l shall not be
considered as political crimes for the purposes of this
Convention and forward its views to the Diplomatic
Conference."
This proposal was supported by various Delegations. However, the Committee
took no decision on this proposal in one way or another since various Delegations
considered that any decision would be in contradiction with what had already
been decided in relation to Article 8 in the Annex.
15.2 A proposal of the Netherlands that the article on extradition
should read as set out in LC/Working Draft No, 766 was also noted by the
Committee, in the same manner as was done with regard to the Brazilian proposal
as described in paragraph l5.l above,
Joint or international registration of aircraft
16, The special case of aircraft which are subject to Joint or
international registration is covered in Article 9 of the Annex in the same
language as that of Article 5 of the draft convention on unlawful seizure of
aircraft.
Article 14 of Tokyo Convention
17. A proposal was made that the draft convention should include the
provisions of Article 14 of the Tokyo Convention relating to the case of a
person whom the State of landing refuses to admit and who cannot, or does not
desire to, continue his Journey. The Committee discussed the matter and
decided only to note the proposal. The draft convention does not include a
provision on the subject of Article 1l of the Tokyo Convention.
Article ll of Tokyo Convention
18. The provisions of Article ll of the Tokyo Convention (and of
Article 9 of the draft convention on unlawful seizure of aircraft) relating to
restoration of control of the aircraft to its commander or preservation of his
control of it, and to permitting the passengers and crew to continue their
Journey and returning the aircraft and cargo to persons lawfully entitled are
incorporated, with adaptations, in Article l0 in the Annex.
I e.8., reference to the States described in paragraph l of Article 5
of the Annex.
CUI Doc No. 5
- 35 Assistance
in legal proceedings and
information on investigations
19, Article ll in the Annex provides for mutual assistance between States,
in accordance with applicable law, in connection with proceedings brought in
respect of an offence, and Article l2 in the Annex relates to furnishing of
information by one State to another with regard to an offence committed or about
tc be committed.
Information to Council of ICAO
20, There was a proposal that the convention provide that States should
furnish Inforration to the Council of ICAO concerning the circumstances of an
offence, action taken pursuant to Article l0 and measures taken in relation to
the suspected offender. There was opposition to the proposal and it was pointed
out that when a similar proposal had been made during the preparation of the
draft convention on unlawful seizure of aircraft, the Legal Committee had decided
not to include such a provision in that draft convention, The Committee decided
c include a text which appears as Article l in the draft in the Annex, but which
has tee. pie?ed within brackets to indicate that it was only a proposal before the
Committee and not a text adopted by it.
Further action on the draft convention
21, The Legal Committee submits in the Annex to this Part the text
of a draft convention on unlawful interference with civil aviation,
considering (by a vote of 2l to none with 9 abstentions) that the text is ready
for presentation to States as a final draft, The draft is transmitted to the
Council for action in accordance with the procedure for approval of draft
conventions specified by the Assembly of ICAO in Resolution A7-6. The Committee
realizes that the diplomatic conference to consider this draft will no doubt
take into account decisions made at The Hague Conference on the subject of
Unlawful Seizure of Aircraft.
• See CUI DO No, A,
Annex 1110
State Statistic Service of Ukraine, Population of Ukraine as of 1 January 2017 (2017)
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51
Table 3 Continued
Annex 1111
Latest from the OSCE Special Monitoring Mission to Ukraine (SMM), Based on Information
Received as of 19:30 (2 February 2017)
Latest from the OSCE Special Monitoring Mission to
Ukraine (SMM), based on information received as of
19:30, 2 February 2017
KYIV 3 February 2017
This report is for the general public and the media.
The SMM recorded fewer ceasere violations in both Donetsk and Luhansk regions compared
with the previous reporting period, though the overall situation remained tense. Most of the
ceasere violations were recorded in the Avdiivka-Yasynuvata-Donetsk airport area. The
Mission followed up on reports of casualties and saw damage caused by shelling on both sides
of the contact line, including in Avdiivka and Makiivka and observed the evacuation of children
from Avdiivka. The SMM and the Joint Centre for Control and Co-ordination (JCCC) again
facilitated a local ceasere around the Donetsk water ltration station allowing the
continuation of repairs to essential infrastructure in the area. The Mission observed weapons in
violation of withdrawal lines and on the move in populated areas on both sides of the contact
line. It continued monitoring the three disengagement areas in Stanytsia Luhanska, Zolote and
Petrivske but its access remained restricted.* The SMM’s freedom of movement was also
restricted in other areas, including while travelling towards Yasynuvata.
While the situation along the contact line remained tense the SMM recorded fewer
ceasere violations in Donetsk region compared with the previous reporting period,
including more than 4,000 explosions.[1] Most of the explosions were again recorded in
the Avdiivka-Yasynuvata-Donetsk airport area.
On the evening and night of 1-2 February, while in “DPR”-controlled Donetsk city centre,
the SMM heard more than 900 undetermined explosions 2-8km north-north-west and
north.
Positioned in “DPR”-controlled Makiivka early in the morning on 2 February the SMM
heard 42 explosions in 35 minutes, 3-5km west. Positioned at the railway station in “DPR”-
controlled Yasynuvata (16km north-east of Donetsk) the SMM heard 237 explosions in
seven and a half hours: two assessed as impacts 200-300m south, eight assessed as
outgoing rounds 1km south, two undetermined 3-4km south-east, and 225 undetermined
1-12km north, north-west, west and south. Positioned in government-controlled Avdiivka
(17km north of Donetsk) for six and a half hours the Mission heard more than 800
explosions 1-5km north, north-east, east-south-east, south-south-west and south-west.
Positioned at the Donetsk central railway station the SMM heard 699 undetermined
explosions in just over three hours, mainly at points ranging 2-10km north-east to north-
west.
Positioned in “DPR”-controlled Kruta Balka (16km north of Donetsk) for about four hours
the SMM heard 68 explosions, including: 12 assessed as outgoing artillery rounds, 38 as
outgoing mortar rounds, all about 1-3km north-west, north-east, east, south-east and
south; and one assessed as the impact of a mortar round about 1km east. Positioned at
LqIrD«UIrA%7LYTo coo»rrea aytoonn tos seorcey an
the Donetsk water ltration station (15km north of Donetsk) the SMM heard 619
undetermined explosions 1-3km south-east.
Positioned in “DPR”-controlled Oleksandrivka (20km south-west of Donetsk) for about 45
minutes, the SMM heard approximately 100 explosions in ve minutes 5-10km north and
more than 80 undetermined explosions in about 15 minutes 3-10km north.
While in “DPR”-controlled Debaltseve (58km north-east of Donetsk) throughout the
reporting period the SMM heard 81 explosions 7-10km west-north-west. While in
government-controlled Svitlodarsk (57km north-east of Donetsk) the SMM heard 137
explosions 2-7km north-east and 4-5km south-east.
In Luhansk region the SMM recorded fewer ceasere violations than in the previous
reporting period, including about 40 explosions.
Positioned in “LPR”-controlled Zhovte (17km north-west of Luhansk) on the morning of 2
February the SMM heard 20 undetermined explosions 10-15km south-west. Positioned in
government-controlled Orikhove-Donetske (44km north-west of Luhansk) the SMM heard
one explosion assessed as an outgoing artillery round 300-500m north.
The SMM continued to follow up on reports of civilian casualties. The Head of the Civil-
Military Administration in Avdiivka told the SMM that one woman had died during shelling
in Avdiivka on the morning of 1 February. A police ocer separately told the SMM that a
62-year-old woman had died in Avdiivka from shrapnel wounds. He also said that two
civilian men (63 and 68 years old) had been injured in the same area on 1 February.
Medical sta at Avdiivka hospital told the SMM that one man had been treated for severe
trauma caused by shrapnel wounds.
The SMM observed damage from shelling in residential areas. While passing through
the south-eastern part of Avdiivka on 1 February the SMM saw downed power lines and
damage from shelling to the roofs, walls and fences of at least six houses. A Ukrainian
Armed Forces commander told the SMM that the area had come under rocket re earlier
that morning.
In government-controlled Sartana (15km north-east of Mariupol), the SMM observed large
holes in the roof of a farm building and hay burning inside the building. About 100m from
the farm the Mission observed a fresh impact site and assessed it as having been caused
by a multiple-launch rocket system (MLRS) (BM-21 Grad, 122mm) red from an easterly
direction. The SMM saw a compound guarded by Ukrainian Armed Forces soldiers about
400m from the farm. Three local farmers (men, 40-60 years old) and a Ukrainian Armed
Forces commander told the SMM that the shelling had occurred at about 02:00 on 1
February.
In government-controlled Vrubivka (72km west of Luhansk) the SMM observed three fresh
impact sites (located 10-30m from houses). The SMM noted severed power lines, a
destroyed fence, broken windows of seven homes, and shrapnel damage to the roof and
wall of one of the houses. Two residents told the SMM that the shelling had taken place
early in the morning on 1 February.
In government-controlled Troitske (69km west of Luhansk) the SMM observed 12 fresh
impact sites. Two of the impacts were inside a medical clinic, a third was approximately
50m and a fourth 150m from the building. A window at the medical clinic was broken. The
SMM observed two more impacts on a residential street, 25 and 60m from houses. The
Mission noted that the south-western corner of the rst house was completely destroyed,
the roof and wall of the house had suered shrapnel damage, and all the windows of the
home were broken. The SMM saw two broken windows and shrapnel damage to the wall
and roof of a second house. The Mission observed fresh ve more impact sites 60-150m
o of a road, in a eld.
In Novooleksandrivka (65km west of Luhansk) a Ukrainian Armed Forces ocer showed
the SMM six fresh impact sites near a pedestrian path leading to government-controlled
areas. According to the ocer, the impacts had occurred during the evening of 31
January.
In “DPR”-controlled Makiivka the SMM observed two fresh impact sites in the north-
eastern part of the city. One of the sites was located immediately next to a garage which
had sustained minor shrapnel damage. The Mission noted that a nearby power line was
severed. Residents told the SMM that the impact had occurred on 31 January. A second
impact site was about 10m from an apartment building, next to a building used to store
coal. The building’s roof had been destroyed and small impacts were present along the
walls of two neighbouring buildings.
In “DPR”-controlled Pikuzy (formerly Kominternove, 23km north-east of Mariupol) the
SMM observed two fresh impacts about 20m from a house and assessed one of them as
having been caused by a 120mm mortar round red from an undetermined direction. The
SMM observed shrapnel damage to a gate. The owner of the house told the SMM that
both she and her husband had been treated for minor shrapnel injuries at a hospital in
Novoazovsk. The SMM saw a bandage on the man’s left hand. The Mission observed
another house which had been severely damaged by the impact of a round approximately
25m from the house. The SMM noted that one part of the roof had been entirely
destroyed and the remaining part was riddled with shrapnel damage. The wall of the
house had been nearly completely destroyed by a direct impact. The SMM assessed the
impacts as having been caused by 120mm mortar rounds red from a north-westerly
direction. Residents of both of the houses separately told the SMM that the shelling had
occurred on 31 January.
Near “LPR”-controlled Kalynove (65km west of Luhansk) an armed man showed the SMM
four fresh impact sites in an open eld. The SMM was able to assess three of the impacts
as caused by 82mm mortar rounds. The “LPR” member told the SMM that the shelling had
occurred the previous night and in the morning.
In Molodizhne (63km north-west of Luhansk) the SMM was accompanied by two Russian
ocers of the JCCC, the “LPR” “spokesperson” and “LPR”-aliated media while following
up on allegations of shelling. At the western edge of the village the SMM observed that
the roof of a house had nearly completely collapsed and all of the windows were
shattered. The oor of the house was still smouldering from a re. The SMM observed an
“LPR” position located about 70m from the house. According to the JCCC and residents the
shelling had taken place in the afternoon of 1 February. At the south-western edge of the
settlement, 15m from the road, the SMM observed an 82mm mortar round which
appeared to be unexploded.
The SMM continued to monitor the disengagement process and to pursue full access
to the disengagement areas of Stanytsia Luhanska (16km north-east of Luhansk), Zolote
(60km west of Luhansk) and Petrivske (41km south of Donetsk), as foreseen in the
Framework Decision of the Trilateral Contact Group relating to disengagement of forces
and hardware of 21 September. The SMM’s access to all three areas remained restricted
but the Mission was able to partially monitor them.*
Positioned in government-controlled Katerynivka (64km west of Luhansk) the SMM saw
about 25 armed Ukrainian Armed Forces personnel in and around two military trucks, one
camouaged minivan and one military jeep within the Zolote disengagement area.
On the night of 31 January to 1 February, the SMM camera in Petrivske recorded ten
undetermined explosions 1-3km west-south-west and one undetermined explosion 1-
2km south-south-west, all assessed as having occurred inside the disengagement area.
While there, the SMM noted that the situation in the Stanytsia Luhanska disengagement
area was quiet.
The SMM continued to monitor the withdrawal of weapons, in implementation of the
Package of Measures and its Addendum, as well as the Memorandum.
In violation of the respective withdrawal lines, in government-controlled areas the SMM
observed: three tanks (T-64) near Avdiivka, one tank near Orlivka (22km north-west of
Donetsk), one MLRS (BM-21) near Karlivka (25km north-west of Donetsk), three self-
propelled howitzers (either 2S3 or 2S19) near Umanske (25km north-west of Donetsk). A
midrange unmanned aerial vehicle (UAV) spotted three tanks near government-controlled
Bila Hora (54km north of Donetsk). In areas not controlled by the Government, the SMM
saw two towed guns (2B16 Nona-K, 120mm) near Yasynuvata and one surface-to-air
missile system (9K35 Strela-10, 120mm) near Zaichenko (26km north-east of Mariupol).
Beyond the withdrawal lines but outside assigned areas controlled by the Government,
the SMM saw three towed howitzers (2A65 Msta-B, 152mm) near Sloviansk (95km north of
Donetsk), three towed howitzers (2A65) near Pryvillia (81km north of Donetsk), two MLRS
(BM-27Uragan, 220mm) near Sviatohirsk (117km north of Donetsk) and three tanks (T-64)
near Kramatorsk. A midrange UAV spotted ve surface-to-air missile systems (9K33 Osa)
near government-controlled Bila Hora.
Despite the joint statement of 1 February by members of the Trilateral Contact Group the
SMM received no information in relation to withdrawal of weapons from the area
between Donetsk airport, Avdiivka and Yasynuvata.
The SMM saw an armoured personnel carrier[2] (BRDM-2) in the security zone near
Avdiivka.
The SMM monitored thesituation of civilians living near the contact line. The SMM
again worked together withUkrainian and Russian Representatives of the JCCCand was
able to facilitate the reestablishment of a localized ceasere in the area around the
Donetsk water ltration station to allow for repairs to essential infrastructure. The Mission
monitored as a group of about forty workers (30 men, ten women) travelled to the
Donetsk water ltration station. The Ukrainian and Russian representatives of the JCCC
told the workers that they would assist in ensuring that the ceasere held with their
presence. The area was quiet through the late morning and early afternoon and the
workers were allowed to conduct repairs without interruption. In the early afternoon the
workers restored partial water supply to hundreds of thousands of people in Donetsk
region.
Work on electricity lines in the area however did not proceed. A manager of an electrical
company told the SMM by phone that due to ongoing shelling and a lack of co-ordination
between the sides the repair team had left the area.
On the evening of 1 February the SMM observed as a local non-governmental
organization was in the process of evacuating about 12 children from Avdiivka.
The SMM continued monitoring in Kherson, Odessa, Lviv, Ivano-Frankivsk, Kharkiv,
Dnipro, Chernivtsi and Kyiv.
*Restrictions of SMM’s freedom of movement or other impediments to fullment of its
mandate
The SMM’s monitoring and freedom of movement are restricted by security hazards and
threats, including risks posed by mines, unexploded ordnance (UXO), and other impediments –
which vary from day to day. The SMM’s mandate provides for safe and secure access
throughout Ukraine. All signatories of the Package of Measures have agreed on the need for
this safe and secure access, that restriction of the SMM’s freedom of movement constitutes a
violation, and on the need for rapid response to these violations. They have also agreed that
the JCCC should contribute to such response and co-ordinate mine clearance.
Denial of access:
A Ukrainian ocer of the JCCC told the SMM that no demining activities had
taken place during the previous 24 hours in the Stanytsia Luhanska
disengagement area and that, with the exception of the main road, the SMM’s
safety could not be guaranteed in the surrounding areas due to the possible
presence of mines and unexploded ordnance (UXO). The SMM did not consider
it safe to proceed and informed the JCCC.
Armed “LPR” members told the SMM that that they could not guarantee the
safety of the Mission in elds and side roads of the Zolote disengagement area
due to the possible presence of mines and UXO. The SMM did not consider it
safe to proceed and informed the JCCC.
Ukrainian Armed Forces personnel stopped the SMM from travelling between
government-controlled Katerynivka (64km west of Luhansk) and government-
controlled Popasna (69km west of Luhansk) and told the Mission that
permission from their headquarters was required to pass. The SMM informed
the JCCC.
Due to the lack of security guarantees and possible threat from mines, the
SMM could not travel west from “DPR”-controlled Petrivske. The SMM informed
the JCCC.
The SMM could not cross the bridge in government-controlled Shchastia (20km
north of Luhansk) as Ukrainian Armed Forces personnel said that no demining
activity had taken place in the area. The SMM informed the JCCC.
A Ukrainian Armed Forces ocer denied the SMM access to a weapons holding
area for the tenth consecutive time. The SMM informed the JCCC.
Ukrainian Armed Forces personnel stopped the SMM from travelling south
through government-controlled Donske (47km north of Mariupol).
Delay:
■
■
■
■
■
■
■
Armed “DPR” members stopped the SMM at a checkpoint near Yasynuvata
(16km north-east of Donetsk) and denied onward passage, citing orders not to
allow the SMM to enter the town. The SMM was able to enter Yasynuvata
accompanied by a senior “DPR” member after a two hour delay.
Armed “DPR” members stopped the SMM and a JCCC ocer at a checkpoint
near “DPR”-controlled Horlivka (39km north-west of Donetsk). The patrol was
allowed to proceed on towards Yasynuvata after 35 minutes.
[1] Please seethe annexed tablefor a complete breakdown of the ceasere
violations as well as map of the Donetsk and Luhansk regions marked with
locations featured in this report.
[2] This hardware is not proscribed by the provisions of the Minsk agreements on the
withdrawal of weapons.
Liudmyla Palamar
National Outreach Ocer
OSCE Special Monitoring Mission to Ukraine
26 Turhenievska Street
01054 Kyiv
Ukraine
Oce: +380 44 392 0965
Mobile: +38 067 828 06 79
Mobile: +38 050 387 93 98
[email protected]
[email protected]
Contacts
■
■
Annex 1112
Petition dated 16 February 2018 filed by R.M. Ametov to Investigator of High-Profile Cases at
the First Investigative Office of the Directorate for Investigation of High-Profile Cases with the
Central Investigative Directorate of the Investigative Committ
This document has been translated from its original language into English, an official language
of the Court, pursuant to Rules of the Court, Article 51
Annex 1113
Freedom of the Press 2017, Freedom house (6 June 2018), accessed at
https://freedomhouse.org/report/freedom-press/2017/russia
Press
Freedom
Status:
NOT FREE
Freedom of the Press Scores
Population: 144,300,000
Freedom in the World Status:
Net Freedom Status:
Internet Penetration Rate: 73.4%
Quick Facts
Not Free
Not Free
Freedom of the Press 2017
Russia Prole
Key Developments in 2016:
Total Score
83/100
(0=Most Free, 100=Least Free)
25/30
Legal Environment
34/40
Political Environment
24/30
Economic Environment
s r
o th p 2
f w
- -
D ts i 2
Legal amendments that were signed into law in July gave the
state security services greater access to communications data
and increased penalties for promoting “extremism” and other
oenses.
Top editors at the independent RBC media group were
dismissed in May after its coverage of the Panama Papers—
leaked documents from a Panamanian law Þrm that revealed
possible corruption among President Vladimir Putin’s
associates—apparently prompted increased legal and political
pressure on the group’s owner. Other RBC journalists
subsequently resigned, and new chief editors were hired from
the state-owned news agency TASS in July.
Media outlets favored the ruling United Russia party in their
coverage of the September parliamentary elections.
Throughout the year there were reports of attacks, threats,
censorship, arrests, and prison sentences against both
journalists and ordinary citizens who had posted or shared
politically sensitive information online. Among other cases, two
bloggers were sentenced to prison for commentary on Ukraine
and Syria, and an online journalist was jailed in Chechnya on
dubious drug-possession charges.
Executive Summary
Russia remains a country with a large array of media outlets, but
limited access to critical or independent coverage and diverse
political viewpoints. Television, which is still the leading source of
news and information, often functions as a propaganda tool for the
government. The mainstream media showed signiÞcant bias toward
the ruling United Russia party in their reporting on the September
2016 parliamentary elections. The media are also expected to
•
•
•
•
E S
conform to ocial narratives on issues like Russia’s occupation of
Crimea and military intervention in Syria, and the dissemination of
critical views on those topics can result in website blocking or prison
sentences.
While some independent broadcasters, publications, and online
news sources continue to operate, their market share is not
extensive and they regularly face pressure from the government.
Such pressure, including aggressive tax inspections and criminal
investigations, apparently led to the ouster of top editors at the RBC
media group in May.
The legal framework gives the government broad, discretionary
powers to regulate media content. This includes the so-called
Yarovaya laws, a package of antiterrorism legislation signed in July
that increased prison sentences for promoting terrorism or
extremism online and requires internet service providers to retain
and allow decryption of communications data for possible inspection
by security agencies.
Violence against journalists remained common in 2016. There were
widespread reports of attacks, arrests, and threats against both
professional journalists and social media users. The risk of violence
or prosecution was particularly high in Chechnya, an insurgency-
prone Russian republic governed by pro-Kremlin strongman Ramzan
Kadyrov. A group of Russian and foreign journalists and human
rights workers were attacked and beaten by masked assailants as
their bus approached the Chechen border in March.
Legal Environment: 25 / 30
Political Environment: 34 / 40
ls
P
i2
'4
Economic Environment: 24 /
30
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©2018 Freedom House
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Volume XXVIII - Annexes 1093-1113