PDF to HTML - Convert PDF files to HTML files

Europaudvalget 2013-14
EUU Alm.del Bilag 472
Offentligt

Office of the United Nations High Commissioner

for Human Rights

Report on the human rights situation in Ukraine

15 May 2014

PDF to HTML - Convert PDF files to HTML files

TABLE OF CONTENTS

..........................................................................................................................

XECUTIVE SUMMARY ................................................................................. 3

II.

.........................................................................................................................

ETHODOLOGY ................................................................................................ 5

III.

........................................................................................................................

NVESTIGATIONS INTO HUMAN RIGHTS VIOLATIONS

RELATED TO THE MAIDAN PROTESTS .................................................. 6

IV.

........................................................................................................................

UMAN RIGHTS CHALLENGES .................................................................... 8

.........................................................................................................

ule of law ................................................................................................. 8

.........................................................................................................

aw enforcement sector reform ............................................................... 10

.........................................................................................................

eedom of peaceful assembly ................................................................ 11

.........................................................................................................

eedom of expression .............................................................................. 13

.........................................................................................................

ght to life, liberty and security ............................................................. 14

.........................................................................................................

olitical rights ......................................................................................... 16

.........................................................................................................

inority rights .......................................................................................... 18

.........................................................................................................................

ARTICULAR HUMAN RIGHTS CHALLENGES IN THE EAST ........... 21

.........................................................................................................

he right to life, liberty and security ........................................................ 21

.........................................................................................................

eedom of expression .............................................................................. 24

.........................................................................................................

vestigations related to events in the east ............................................... 25

.........................................................................................................

conomic and social rights....................................................................... 26

PDF to HTML - Convert PDF files to HTML files

VI.

........................................................................................................................

ARTICULAR HUMAN RIGHTS CHALLENGES IN CRIMEA .............. 26

.........................................................................................................

ternally displaced persons from Crimea ................................................ 27

.........................................................................................................

ghts of Crimean residents....................................................................... 27

.........................................................................................................

ghts of indigenous peoples ..................................................................... 31

VII.

......................................................................................................................

ONCLUSIONS AND RECOMMENDATIONS............................................ 32

VIII.

.....................................................................................................................

NNEX ................................................................................................................ 35

PDF to HTML - Convert PDF files to HTML files

EXECUTIVE SUMMARY

The present report is based on the findings of the United Nations (UN) Human Rights

Monitoring Mission in Ukraine (HRMMU)

covering the period of 2 April - 6 May 2014. It

follows the first report on the human rights situation in Ukraine released by the Office of the

UN High Commissioner for Human Rights (OHCHR) on 15 April 2014.

Since the issuance of the first report, the HRMMU has noted the following steps

undertaken by the Government of Ukraine to implement some of the recommendations from

the report. These include: the drafting of legislation on peaceful assembly; and the

development of a policy to prevent the negative stereotyping of minority communities in the

media.

The HRMMU also notes the ongoing investigation by the Office of the General

Prosecutor into the gross human rights violations that were committed during the violent

Maidan clashes between November 2013 and February 2014 that resulted in the killing of

protesters and police, as well as allegations of torture and reports of missing persons. These

investigations need to be completed in a timely, independent, effective and impartial manner

to ensure accountability and justice for all, both victims and alleged perpetrators; the process

and the results of these investigations must be transparent.

OHCHR appreciates that the Government of Ukraine has welcomed the HRMMU,

offering open and constructive cooperation. It has been forthright in providing information

and discussing with the HRMMU human rights concerns: right to life, liberty and security of

person, the freedoms of movement, peaceful assembly, expression and association, as well as

right to fair trial and equal access to justice without discrimination and the protection of the

rights of all minorities.

The main findings and conclusions for the period covered by this report are:

The Government of Ukraine is taking steps to implement the provisions of the Geneva

Agreement concluded on 17 April 2014.

On the same day, the Cabinet of Ministers

of Ukraine issued an Order "On the organization of the discussion of amendments to

the provisions of the Constitution of Ukraine on decentralization of State power”. On

18 April, a parliamentary coalition suggested to all political parties represented in the

parliament to sign a memorandum of understanding regarding ways to resolve the

Concept note on the HRMMU is attached.

The Geneva meeting took place on 17 April 2014. As the result of the negotiations between the representatives

of Ukraine, EU, USA and Russian Federation in Geneva on 17 April 2014, an agreement was reached on initial

concrete steps to de-escalate tensions and restore security for all: (1) All sides must refrain from any violence,

intimidation or provocative actions; (2) All illegal armed groups must be disarmed; all illegally seized buildings

must be returned to legitimate owners; all illegally occupied public offices must be vacated; (3) Amnesty

granted to the protestors who left seized buildings and surrendered weapons, with the exception of those found

guilty of capital crimes; and (4) The announced constitutional process will be inclusive, transparent and

accountable carried out through a broad national dialogue.

PDF to HTML - Convert PDF files to HTML files

situation in eastern Ukraine. According to acting President and Speaker of Parliament

Turchynov, the initiative was not supported by members of the opposition. On 22

April, the draft law “On prevention of harassment and punishment of persons in

relation to the events that took place during mass actions of civil resistance that began

on 22 February 2014" was registered in Parliament.

ii.

Armed groups continue to illegally seize and occupy public and administrative

buildings in cities and towns of the eastern regions and proclaim “self-declared

regions”. Leaders and members of these armed groups commit an increasing number

of human rights abuses, such as abductions, harassment, unlawful detentions, in

particular of journalists. This is leading to a breakdown in law and order and a climate

of intimidation and harassment.

In the aftermath of the 16 March unlawful “referendum”

in the Autonomous

Republic of Crimea, Ukraine, there are increasing reports of residents being affected

by the changing institutional and legal framework. Human rights concerns relate to

citizenship, property and labour rights, access to health and education. Of concern to

the HRMMU, are the increasing reports of on-going harassment towards Crimean

Tatars, and other residents who did not support the “referendum”. The reported cases

of Crimean Tatars facing obstruction to their freedom of movement, as well as the

recent attack on the building of the parliament of the Crimean Tatar people are

worrying developments. Legislation of the Russian Federation is now being enforced

in Crimea, in contradiction with UN General Assembly resolution 68/262, entitled

“Territorial integrity of Ukraine”. In addition, its differences with Ukrainian laws will

have a significant impact on human rights, posing in particular limitations on the

freedoms of expression, peaceful assembly, association and religion.

The Government of Ukraine needs to carry out a prompt, transparent and

comprehensive investigation into the violent events in Odesa and ensure that the

perpetrators are brought to justice in a timely and impartial manner. The impact of the

2 May violence in Odesa has hardened the resolve of many, and strengthened the

rhetoric of hatred. In its aftermath, a call was made for mobilisation to join local

armed groups in the eastern regions of Donetsk and Luhansk. Referenda on the

“recognition” of the so-called “Donetsk People’s Republic and “Luhansk People’s

Republic” were planned in both regions for 11 May.

iii.

iv.

Many peaceful demonstrations have been observed by the HRMMU in the country. A

tendency has been observed for a peaceful protest to suddenly turn into a violent

confrontation. Increasingly the result of such violent acts and confrontation leads to

numerous deaths and injuries. All too often, the police appear unable to guarantee the

security of participants, and ensure law and order. Peaceful assemblies must be

permitted, both as a matter of international law and as a way for people to express

UN General Assembly Resolution 68/262 on the territorial integrity of Ukraine, OP 5: “Underscores that the

referendum held in the Autonomous Republic of Crimea and the city of Sevastopol on 16 March 2014, having

no validity, cannot form the basis for any alteration of the status of the Autonomous Republic of Crimea or of

the city of Sevastopol”.

PDF to HTML - Convert PDF files to HTML files

their opinion. Policing should facilitate such assemblies, ensuring the protection of

participants, irrespective of their political views.

vi.

In eastern Ukraine, freedom of expression is under particular attack through the

harassment of, and threats to, journalists and media outlets. The increasing prevalence

of hate speech is further fuelling tensions. Both these factors are deepening divisions

between communities and exacerbating the crisis. All parties must take immediate

steps to avoid incitement and radicalisation.

Campaigning for the 25 May Presidential elections is well underway. Some

candidates report arbitrary restrictions, conflicts and incidents, which impacts and

curtails their ability to campaign with voters. Transparent, fair and democratic

Presidential elections on 25 May are an important factor in contributing towards the

de-escalation of tensions and restoration of law and order.

II.

METHODOLOGY

vii.

The report on the human rights situation in Ukraine was prepared by the HRMMU

and covers the period from 2 April to 6 May 2014.

This report is prepared pursuant to the objectives of the HRMMU as set out in the

concept note (see annex), and in line with UN General Assembly Resolution 68/262, entitled

“Territorial integrity of Ukraine”, as adopted on 27 March 2014.

During the reporting period, the HRMMU has continued to operate from a main office

in Kyiv, with sub-offices in Donetsk, Kharkiv, Lviv and Odesa (which also covers Crimea)

with the same staff capacity (34).

The HRMMU coordinates and cooperates with various partners in Ukraine, in

particular the UN Country Team (UNCT) and the OSCE Special Monitoring Mission (SMM)

to Ukraine.

10.

The HRMMU monitors reports of human rights violations by conducting on-site visits

(where access and security allow), carrying out interviews, gathering and analysing all

relevant information. The HRMMU exercises due diligence to corroborate and cross-check

information from as wide a range of sources as possible, including accounts of victims and

witnesses of human rights violations, state actors, the regional authorities, local communities,

representatives of groups with diverse political views, the Ombudsman Institution, civil

society organisations, human rights defenders, regional organisations, UN agencies and the

diplomatic community. The HRMMU also collects information through secondary sources,

such as media reports and information gathered by third parties. Wherever possible, the

HRMMU ensure that its analysis is based on the primary accounts of victims and/or

witnesses of the incident and on-site visits. On some occasions, primarily due to security-

related constraints affecting access, this is not possible. In such instances, the HRMMU relies

on information gathered through reliable networks, again through as wide a range of sources

as possible that are evaluated for credibility and reliability.

11.

Where the HRMMU is not satisfied with the corroboration of information concerning

an incident, it will not be reported. Where information is unclear, the HRMMU will not

PDF to HTML - Convert PDF files to HTML files

report on the incident and conclusions will not be drawn until the information obtained has

been verified.

12.

The cases presented in the report do not constitute an exhaustive list of all cases being

monitored by the HRMMU but are rather considered emblematic of current human rights

concerns, pointing to existing or emerging trends and patterns of human rights violations. The

HRMMU works through an electronic database to support its analysis of cases and reporting.

III.

INVESTIGATIONS INTO HUMAN RIGHTS VIOLATIONS RELATED

TO THE MAIDAN PROTESTS

Amnesty for those responsible for ordering the violent crackdown on Maidan protesters on

29 - 30 November 2013 to be reviewed

13.

On 2 April, the Kyiv City Appeal Court cancelled, and sent back for further review,

the decision of the Pecherskyi District Court on the amnesty for persons, responsible for

ordering the violent crackdown and dispersal of demonstrators by the riot police “Berkut”

the night of 30 November 2013. This was the first instance of excessive use of force against

peaceful demonstrators during the Maidan demonstrations. At least 90 persons were injured;

35 protesters were detained and later released. This violent incident is widely viewed as

triggering further Maidan protests. A new hearing is scheduled at the Pecherskyi District

Court on 14 May.

Criminal proceedings into the killings of 19-21 January and 18-20 February 2014

14.

Following the violent clashes on 1-2 December and 10-11 December 2013, and the

clashes and killings of demonstrators that took place on 19-21 January, violence in Kyiv

reached its peak 18 and 20 February. More than 120 people (three of them women) were

killed and hundreds were injured – demonstrators and police officers. Some died later in

hospital from their injuries.

15.

The HRMMU has been following the two separate criminal proceedings opened by

the Office of the General Prosecutor: one for the killing of demonstrators and one for the

killing of police officers.

16.

The Office of the General Prosecutor has opened a criminal investigation based on

Articles 115 (Murder), 121 (Intended grievous bodily injury) and 194 (Wilful destruction or

damage of property) of the Criminal Code. This is looking at the killing of protesters (75

persons) and injuries caused by the use of firearms between 19 January to 20 February on

Hrushevskoho and Instytutska streets.

17.

According to the preliminary investigation, the Berkut special unit killed 46 persons

during the protests. As of 24 April 2014, three Berkut officers were arrested and officially

charged with murder (article 115). Information received by the HRMMU from the Office of

the Prosecutor General suggests that additional Berkut officers are under investigation.

The "Berkut" unit was the Special Forces within the Ministry of Interior. On 25 February 2014, Minister of

Interior Arsen Avakov signed a decree dissolving the unit.

As of 6 May, criminal proceedings were underway, with no further details available.

PDF to HTML - Convert PDF files to HTML files

18.

The Investigative Department of the Office of the General Prosecutor continues to

investigate the excessive use of force and degrading treatment by law enforcement officials

against Maidan activist Mr. Havryliuk, who was stripped naked, roughly pushed around and

forced to stand still in the snow in freezing temperatures while a police officer filmed him

with a mobile phone. In this case, a serviceman of the internal troops of the Ministry of

Interior is under suspicion based on article 365 (Excess of authority or official powers) of the

Criminal Code.

19.

The Office of the General Prosecutor informed the HRMMU that it is verifying

claims that foreigners participated in the above-mentioned crimes, particularly in the targeted

killings in February. In January-February, a number of attacks, abductions, severe beatings

and killings of Maidan activists, as well as arson of cars belonging to the Auto-Maidan were

committed by the so-called “titushky”, also referred to as an “Anti-Maidan” group. This

includes the attack against the journalist Viacheslav Veremiy, who was beaten and shot on

the night of 18 February and died in hospital on 19 February. In this case, three suspects are

wanted by the Office of the General Prosecutor in the context of an investigation into the

activities of the criminal group – one is arrested, while two remained at large.

Request to the International Criminal Court to investigate the Maidan violence

20.

On 9 April, the Government of Ukraine submitted a request to the International

Criminal Court (ICC) to investigate the events that occurred on Maidan from 21 November

2013 to 22 February 2014. The Registrar of the ICC received a declaration lodged by Ukraine

accepting the ICC jurisdiction with respect to alleged crimes committed on its territory during

the above mentioned period. The declaration was lodged under article 12(3) of the Rome

Statute, which enables a non-party to the Statute to accept the exercise of jurisdiction of the

Court. The Prosecutor of the ICC has decided to open a preliminary examination into the

situation in Ukraine in order to establish whether the Rome Statute criteria for opening an

investigation are met. On 15 April, the Minister of Justice officially stated that there was

unanimous support within the Government for the ratification of the Rome Statute, which

Ukraine signed in 2000 but not yet ratified.

Missing persons

21.

According to the NGO EuroMaidan SOS, which has maintained a list of missing

persons since the early days of Maidan, as of 5 May 2014, 83 persons (including four

women) still remained unaccounted for. There is no official information from the Ministry of

Interior or the Office of the General Prosecutor on the number of people still missing relating

to Maidan, as investigations were on-going.

22.

Initially in the aftermath of the Maidan, 314 persons were registered as missing,

according to the Office of the General Prosecutor. A large number have since been found

alive; some were recognised as killed or dead. It is critical to identify the whereabouts and

fate of those who remain missing from Maidan.

23.

An International Advisory Panel

has been initiated by the Secretary-General of the

Council of Europe, Thorbjorn Jagland, to oversee the judicial investigations into the violent

The members of the panel are: Sir Nicolas Bratza, Chairman, a former President of the European Court of

Human Rights; Mr. Volodymyr Butkevych, a former Judge of the European Court of Human Rights; and Mr.

Oleg Anpilogov, a member of Kharkiv Regional Council.

PDF to HTML - Convert PDF files to HTML files

clashes during the Maidan events from 30 November 2013 to 21 February 2014. Information

has been requested by the Panel into violent acts committed by any person during three

periods: the night of 30 November/1 December 2013; 1 December 2013; and 18-21 February

2014. The Panel will hold its first meetings in Kyiv at the end of June 2014.

IV.

HUMAN RIGHTS CHALLENGES

A. Rule of law

24.

During the reporting period, the HRMMU monitored a number of measures within the

sphere of the rule of law. These included: the introduction of amendments to the Constitution;

Criminal Code amendments to toughen sanctions regarding violations of territorial integrity;

legislation on the restoration of the credibility of the judiciary; laws providing for amnesties,

as well as the law on occupation in the aftermath of the 16 March unlawful referendum in

Crimea.

Constitutional reform

25.

On 17 April, the Cabinet of Ministers issued an Order “On the organization of the

discussion of amendments to the provisions of the Constitution of Ukraine on the

decentralization of State power”. By 1 October 2014, senior government officials, the

regional administrations and the Kyiv city administration are to organise debates on the

planned constitutional amendments

that would propose the decentralization of power. This

Order accelerates the implementation of the Concept on reforming local government and

territorial organization of power in Ukraine, which was adopted on 1 April 2014.

26.

Public parliamentary hearings were held on amendments to the Constitution of

Ukraine on 29 April, with the main areas of reform aiming to empower local governments,

strike a balance between all branches of State power, ensure the independence of the

judiciary, and oversight of the work of public authorities. Political parties agreed that by 25

May proposals on constitutional amendments will be finalised, with a Parliamentary session

on constitutional reform to be held after this date. Further steps towards the delegation of

broad powers to the local authorities are being made. On 23 April, the Government approved

the first draft law “On cooperation of the territorial communities” that envisages five forms of

possible cooperation within communities, based on an earlier Concept on the Reform of

Local Self-Government and Territorial Organisation of Powers in Ukraine, approved on 1

April by the Cabinet of Ministers.

27.

On 5 May, Prime Minister Arseniy Yatseniuk, submitted to the Parliament a draft law

“On a national survey”, to be conducted on 25 May, the same day as the Presidential

elections, on issues of concern for all Ukrainians: national unity, territorial integrity of the

According to the Parliamentary Interim Commission on Constitutional Reform, the main areas of the

Constitutional reform are: extension of powers of local self-government, to achieve a balance between all

branches of power; the development of an independent judicial branch; oversight of public authorities. Under a

new Constitution regional and district state administrations will be dissolved. Local territorial communities

would elect regional and district councils (local parliaments) and their heads. The executive committees of local

councils would serve as local governments. State power and authority, as well as the functions of setting the

local budget would be delegated to such structures. At the same time, state representative bodies would be

created and located at the territorial level. They will maintain control over the adherence to legislation in a

certain territory but would have no financial or economic influence in the region.

PDF to HTML - Convert PDF files to HTML files

country and the decentralisation of power.

On 6 May, Parliament decided not to adopt the

initiative.

Criminal Code amendments toughen sanctions for violations of territorial integrity

28.

On 16 April, the acting President of Ukraine signed the Law "On amendments to the

Criminal Code of Ukraine", which entered into force on 19 April. It includes provisions that

increase penalties related to the encroachment and inviolability of the territorial integrity of

Ukraine, as well as for high treason and the undermining of national security (Sabotage and

espionage).

Law on Lustration

29.

On 7 April, approximately 150 activists of Maidan self-defence unit, the Right Sector

and Auto-Maidan picketed, blocked and stormed the Supreme Court building, at the time of

the scheduling of an extraordinary session of the Congress of Judges. The protesters along

with Yegor Sobolev, head of the Lustration Public Committee of Maidan, demanded the

lustration of judges and appointment of new ones. On 8 April, the Right Sector and Auto-

Maidan activists blocked the Parliament calling on its members to speed up the adoption of

the lustration legislation.

30.

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 234 votes

and it entered into

force on 10 May (while the proposed law on lustration for public servants was taken off the

Parliamentary agenda). Its purpose is to strengthen the rule of law, to restore confidence in

the judiciary, and to combat corruption in the courts through the dismissal of judges whose

gross violations of professional and ethical standards have discredited the judiciary. The Law

also determines the legal and organisational framework by which judges are to be vetted. It

sets out the aim, objectives and timelines for the vetting of judges, as well as the bodies

authorised to conduct these procedures, the content of the vetting, and the measures to be

taken following the results of the vetting. According to the Law, the process of lustration is to

be carried out by an Interim Special Commission. It is foreseen to consist of 15 members;

five candidates from each of the following institutions: the Supreme Court, the Parliament

and the Governmental Commissioner on the Issues of the Anti-Corruption Policy.

31.

The HRMMU is concerned that immediate dismissal of judges may put in jeopardy

the administration of justice. The implementation of the Law can lead to the unjustified and

non-motivated dismissals of judges. The Law does not follow some generally recognized

requirements in the area of judicial proceedings: it implements retrospective liability for

actions which were not considered punishable before the Law’s adoption; the adopted court

decisions mentioned in the Law are to be scrutinized by the Interim Special Commission.

Also, the text of the Law uses the term “political prisoner”, which is not defined in current

Ukrainian legislation. The HRMMU reiterates its earlier recommendation that any lustration

initiatives be pursued in full compliance with fundamental human rights of persons

concerned, including right to individual review and right of appeal.

The idea to conduct such survey was announced by Mr. Yatseniuk on 30 April during the opening of a session

of the Government. He stated that, “in framework of the decentralisation of power, Ukrainian authorities are

ready for the additional guarantees on the respective territory for the Russian-speaking population and other

national minorities".

In total, there are 450 members of Parliament.

OHCHR report on the human rights situation in Ukraine,15 April 2014, p. 25 (available online at

http://www.ohchr.org/Documents/Countries/UA/Ukraine_Report_15April2014.doc).

PDF to HTML - Convert PDF files to HTML files

Amnesties

32.

The annual legislation “On Amnesty in 2014” entered into force on 19 April.

Administered by the courts, it applies to minors, pregnant women, persons having children

under 18 or children with disabilities, persons with disabilities and persons infected with

tuberculosis or with an oncological disease, persons having reached the age of retirement,

war veterans, combatants and invalids of war, liquidators of the accident at the Chernobyl

nuclear power plant, persons having parents over 70 or with disabilities. In addition some

military personnel imprisoned for committing medium gravity offences will be released.

Persons who have committed grave criminal offences will not be eligible for such an

amnesty. The Parliamentary Committee on Legislative Support of Law Enforcement

estimates that between 23,000 – 25,000 convicts could be eligible for an amnesty.

33.

From 9 to 23 April, five drafts laws on ‘amnesty’ for the activists who have

participated in the protests after 22 February were submitted to the Parliament by different

political parties.

While the proposed drafts varied all seek amnesty legislation that covers:

actions to overthrow legal government (article 109); organisation of riots (article 294);

seizure of administrative and public buildings (article 341). The majority of the proposals

considered that cases of “separatism”, as violations against the territorial integrity of Ukraine

(article 110), should fall within the scope of an adopted amnesty law.

34.

All drafts aim to ease tensions and resolve the crisis in Ukraine, particularly in the

east and south of the country, and for the most part give a date of 22 February from where

acts as provided for should be applicable. The Committee on Legislative Support of Law

Enforcement is now responsible for preparing the draft legislation.

Law on Occupation

35.

The Law “On guaranteeing citizens’ rights and freedoms and legal regime in the

temporarily occupied territory of Ukraine” was adopted on 15 April. Its provisions and

implications are analysed in section VI on “Particular Human Rights Challenges in Crimea”.

B. Law enforcement sector reform

36.

The ongoing events and violence in various parts of the country have resulted in an

increasing erosion of law and order. The most recent example is the tragic events that took

place in Odesa during the afternoon and evening of 2 May, where 46 people were killed in

violent clashes, and a fire in the Trade Union building where many people had taken refuge.

37.

In order to develop a concept for the reform of the law enforcement bodies, an Expert

Council “on the issues of human rights and reformation” was established in the Ministry of

Interior on 4 April. It has a membership of 14 people, of which four are women, and includes

human rights defenders. It will submit to the Government a concept of the reform of law

enforcement bodies by November 2014. The reform package should reinforce the rule of law;

de-politicise, de-militarise, de-centralise and strengthen the structure of the law enforcement

bodies through accountability, transparency, and closer cooperation with the public and local

9 April Draft Nr. 4667(Party of Regions); 10 April Draft Nr. 4667-2 (non-affiliated MP Rudkovsky); 18 April

Draft Nr. 4667-3 (Cabinet of Ministers); 22 April Draft Nr. 4667-4 (Party of Regions); 23 April Draft Nr. 4667-

5 (Communist Party).

Official death toll as of 4 May 2014.

PDF to HTML - Convert PDF files to HTML files

communities; and professionalise the staff. The HRMMU has been included into the Council

with an observer status.

38.

On 23 April, the Ministry of Justice suspended, pending the investigation of

allegations of torture that occurred in 2013, the heads of a number of penitentiary facilities,

including those of the Dnipropetrovsk pre-trial detention facility and Penitentiary Colony No.

3 in Krivii Rig, Dnipropetrovsk region. On 24 April, the head of the pre-trial detention

facility in Odesa was dismissed. The Government ordered the establishment of a special

commission under the Ministry of Justice, which should focus on improving the legislative

framework for torture prevention. This will support the work of the National Preventive

Mechanism, established under the Ombudsman Institution.

39.

Experts and human rights defenders continue to stress that conditions in places of the

deprivation of liberty do not meet international norms and standards. The use of torture and

ill-treatment in pre-trial detention facilities is often attributed to the fact that police officers

are still evaluated on quantitative indicators.

Freedom of peaceful assembly

40.

In April and early May, rallies and peaceful demonstrations have continued to take

place. While many are peaceful – some gathering in large numbers, some consisting of a few

picketers – a tendency can be observed in some urban areas of simultaneous rallies of

opposing groups ending in violent confrontations.

41.

The continuation of protests reflects a variety of demands, some supporting the unity

of Ukraine, some opposing the Government of Ukraine, and some seeking decentralisation or

federalism, with others looking at separatism.

42.

The HRMMU has observed various rallies in support of Ukraine, its unity and

territorial integrity that took place between 17-21 April in various towns, including Kyiv,

Donetsk, Luhansk, Poltava, Dnipropetrovsk, Sumy, Khartsyzsk (Kharkiv region) and Odesa.

Each peacefully gathered approximately 300 - 2,000 people. Further examples of peaceful

protest took place on 28 and 29 April in Chernivtsi and Uzhgorod (western Ukraine) against

the deployment of military and riot police to the south-east regions of Ukraine.

43.

The HRMMU observed other rallies that aimed to: promote social and economic

rights; demand an increase to social benefits and salaries; an end to corruption; and the

improvement in governance. On 9 April, a peaceful protest of some 200 representatives of

small businesses took place in Zaporizhzhya (south Ukraine) seeking an end to illegal

markets and corruption. On 1 May in Kyiv, a peaceful rally took place demanding political

change, constitutional reform, early Parliamentary elections, an increase of salaries and social

benefits.

44.

A number of peaceful assemblies supporting “federalism” have been observed by the

HRMMU in Donetsk, Kharkiv, Luhansk and Odesa.

45.

At the same time there were a number of examples when such peaceful rallies turned

violent. The HRMMU is concerned with repeated acts of violence against peaceful

participants of rallies, mainly those in support of Ukraine’s unity and against the lawlessness

PDF to HTML - Convert PDF files to HTML files

in the cities and villages in eastern Ukraine. In most cases, local police did nothing to prevent

violence, while in some cases it openly cooperated with the attackers. For example, on 6

April, 1,000 pro-Russian activists attacked an improvised gathering by several dozen

supporters of Ukraine’s unity in Severodonetsk in Luhansk Region. Six of the pro-Ukrainian

activists sought medical assistance.

46.

On 13 April, pro-Russian activists attacked a peaceful rally in support of Ukraine’s

unity in front of Mariupol City Police Department. Nineteen participants of the rally were

taken to the hospital with injuries of varying severity.

47.

On 13 April, the HRMMU observed pro-Russian and pro-Ukrainian rallies being held

at the same time in close proximity in Kharkiv. While the presence of the police had for most

of the time managed to keep the two sets of supporters apart, the situation broke down

towards the end of both events. As many of the pro-Ukrainian activists were leaving their

rally, they were attacked by the pro-Russian activists who broke through the police chain.

Some people who did not manage to escape, were surrounded and then beaten severely. At

least 16 persons were wounded; with some admitted to hospital. The police initiated criminal

proceedings on the grounds of hooliganism that led to people being injured, under Part 4 of

article 296 of the Criminal Code.

48.

On 27 April in Donetsk, approximately 500 protesters demanded a referendum on the

status of the Donetsk Region and to release those detained by the Ukrainian authorities,

including Pavel Gubarev (former self-proclaimed Governor of the Donetsk region). It was

from this demonstration that protesters then moved to the building of the State TV-Radio

company “Donbass”. Having been joined by a group from the movement “Oplot”, the

protesters stormed the building demanding the re-launch of the broadcasting of Russian TV

channels.

49.

On 27 April, in Kharkiv opposing activists organised meetings in nearby squares. On

the main square, 500-600 protesters gathered, while at the same time another group

supporting the unity of Ukraine rallied in a slightly larger number on a neighbouring square.

Two groups of football fans from Kharkiv and Dnipropetrovsk joined the pro-Ukrainian

gathering. As the latter marched towards the football stadium, clashes erupted despite the

efforts of the police to separate the two groups. As a result, 14 people were injured, including

two police officers. Protesters in the main square tried to build a tent settlement on the main

square (Freedom square) in Kharkiv but were prevented from doing so by the police.

Criminal proceedings were started under article 294 (Riots). As of 5 May, no one was

charged or detained.

50.

On 28 April, participants of a peaceful rally in support of Ukraine’s unity in Donetsk

were attacked and violently beaten by the supporters of the self-proclaimed “Donetsk

People’s Republic”, who were armed with metal sticks, noise grenades, baseball bats and

pistols, while the police was reluctant to prevent the clash. As a result, two persons were

hospitalised, dozens wounded, and five participants of the rally (reportedly students) were

abducted and held in the local office of the Party of the Regions; they were released the next

day.

PDF to HTML - Convert PDF files to HTML files

51.

The most tragic of all incidents occurred in Odesa on 2 May where what was initially

a rally spiralled into violent clashes and a fire, which claimed 46 lives.

52.

While article 64 of the Constitution provides for the freedom of peaceful assembly,

there is no law that regulates the conduct of such assemblies.

The HRRMU has observed

that this gap in the legislative framework creates confusion, irregularities and an

ad hoc

approach to policies and practices that regularize and manage peaceful assemblies. These

include: the organisation/preparation of a peaceful assembly; cooperation with the police

during a peaceful assembly; the terms of notification for a peaceful assembly; the appeal

procedure when an assembly is rule to be prohibited.

53.

The HRMMU has observed that in some cases the local authorities turned to

administrative courts to decide on the prohibition of assemblies.

Such decisions are

motivated by an inability to ensure the safety of participants, the lack of police staff.

However, such practices lead to the violation of the human right to peaceful assembly.

54.

Legislation on peaceful assembly, in line with international norms and standards

needs to be adopted. Police should then be trained in policing regulations for such events, so

as to facilitate peaceful assemblies, protect the security of participants, and provide space for

such events in a manner that is non-discriminatory and participatory.

D. Freedom of expression

55.

The HRMMU is concerned about the curtailment of freedom of expression,

harassment and threats to security incurred by journalists working in Ukraine, especially in

the east. Below are some cases that the HRMMU is following, illustrating the pressure,

intimidation and danger that journalists and media outlets are coming under in the struggle

for control of the media, and what information the general public can access and obtain. For

more cases, particularly in the Donetsk region see section V on “Particular Human Rights

Challenges in the east”:

a) On 9 April, journalists in Kharkiv protested against violations of press freedom after the

local TV channel ATN was attacked by a group of armed persons who beat up and

threatened Oleg Uht, the TV director of ATN. A suspect has been arrested in the

investigation of this case.

b) On 15 April, a newspaper editor was severely beaten by unidentified persons in Sumy. He

suffered severe injuries to the head and an open fracture of his arm.

See below under section IV. E.

According to Article 39 of the Constitution of Ukraine citizens have the right to assemble peacefully without

arms and to hold meetings, rallies, processions and demonstrations, upon notifying in advance the bodies of

executive power or bodies of local self-government. This provision is the only legislation in Ukraine that

governs the exercise of the right to peaceful assembly. A draft law on peaceful assembly is currently included on

the Parliamentary agenda.

The court in Zaporizhzhya has prohibited conducting any rallies and assemblies from 25 April till 18 May,

allegedly to avoid possible scuffles. The decision was also announced on 27 April during the rally on Lenin

square.

See section V.

PDF to HTML - Convert PDF files to HTML files

c) On 16 April, the TV station “Center” in Horlivka (Donetsk region) reportedly terminated

broadcasting its programs due to an increased number of attacks against its journalists.

Journalists have reported to the HRMMU that they feel increasingly threatened each time

they showed their Ukrainian ID.

d) On 23 April, unknown assailants reportedly threw Molotov cocktails at the premises of

the local newspaper “Province” in the town of Konstantinovka, Donetsk region. The

newsroom was burned down. Prior to the incident, staff of the newspaper had faced

certain threats and intimidation. On 18 April, the front door of the paper was reportedly

painted with the words “Enough lying!” and “Here you can sign up for membership in the

Right Sector”.

e) On 25 April, a Russian journalist and cameraman were deported from Ukraine on the

basis that their activities were “harming the security and territorial integrity of the

country”.

f) On 4 May, in Odesa, a Channel 5 journalist was attacked by pro-federalism activists,

while reporting on events in the city. The Office of the Regional Prosecutor initiated a

criminal investigation under article 171 (prevention to the legal journalists’ activity).

56.

Incitement to hatred continues to fuel tensions. This is particularly prominent in the

eastern regions of the country.

57.

Acting President Oleksandr Turchynov, issued a Presidential decree 28 April “On

measures to improve the formation and realisation of State policy in the sphere of

informational safety of Ukraine”.

It foresees the development of further laws and policies to

regulate the media environment and activity of journalists, particularly of foreign media

outlets.

E. Right to life, liberty and security

58.

The breakdown in law and order, and the surge in violence are leading to more deaths

and a deteriorating situation in Ukraine. Armed groups have increasingly committed human

rights abuses, including abductions, torture/ill-treatment, unlawful detentions and killings as

well as the seizing and occupying of public buildings.

59.

On 5 May, the head the police in Cherkasy region, announced that suspects had been

identified in the investigation of the murder of Vasily Sergiyenko. He was abducted from his

home on 4 April by three unknown persons in Korsun-Shevchenkivskyi, Cherkasy region. On

5 April, his body was found in a forest about 150 kilometres outside Kyiv, with reported

signs of stab wounds and torture.

60.

On 15 April, a NGO activist was assaulted in Drohobych (Lviv region) by unknown

perpetrators and consequently hospitalised. The attack is thought to be linked to the work of

the activist on abuse of power by officials. The case was reported to the police by the medical

staff in the hospital.

Presidential Decree No. 449/2014

PDF to HTML - Convert PDF files to HTML files

61.

On 28 April, Hennadiy Kernes, the Mayor of Kharkiv, a well-known pro-unity

supporter, was shot as he was cycling near his home by unknown persons and severely

injured and, flown to Israel for treatment on 29 April. To enable his medical evacuation, the

Pecherskyi District Court in Kyiv had to lift his house arrest, which he had been under since

13 March. He is charged under articles 127 (Torture), 129 (Death threats) and 146 (Unlawful

arrest) of the Criminal Code for beating a Maidan activist.

62.

The current deteriorating economic situation and unemployment level, with the on-

going crisis, could see a rise in the number of cases of violence against women, domestic

violence and trafficking in humans, as vulnerabilities become much more acute. This requires

particular attention and support in eastern Ukraine, where historically there has been less

active participation and involvement by NGOs to date. For example, in Donetsk the only

shelter for victims of trafficking and domestic violence is run by the authorities, with space

for 13 individuals.

Odesa violence

63.

On 2 May, a national unity rally gathered around 1,500 people, including many fans

from the football clubs of Chornomorets Odesa and Metalist Kharkiv

, as well as city

residents. Among the crowd there were reportedly also some radical members of the Right

Sector and Maidan self-defence unit armed with bats and metal sticks. Shortly after the rally

began, the latter were provoked by approximately 300 well-organized and armed pro-

federalism activists; the rally turning into a mass disorder, which lasted for several hours. As

a result, four protesters in support of Ukraine were killed by gunshots (a fifth died later in the

hospital from his injuries). Many were injured during the afternoon (mostly protesters

supporting federalism). During the evening, violent clashes between the two sides continued

on the main square (Kulikove polje), which ended in a fire a at the Trade Union building

where protesters supporting federalism had taken refuge. As a result of the events, 46 people

died of whom 30 (including 6 women) were trapped and unable to leave the burning building

and 8 (including one woman) died from jumping out of the windows. In total, 38 died at the

scene of the fire. At least 230 were injured.

As of 5 May, 65 remained in hospital, including

two minors. Nine were in critical condition, including one policeman.

64.

The list of missing persons, initially 13 persons, is now maintained by a special

hotline organised by the Mayor’s office. On 5 May, it contained 45 names, but the figure

constantly changes due to numerous mistaken reports or initial calls from worried parents and

subsequently solved cases of missing children.

65.

The Office of the General Prosecutor has opened an investigation into the events of 2

May in Odesa. The same day, 114 persons were taken by police from the location of the

incident, reportedly for their own protection. The police investigation department informed

the HRMMU that only 11 have been officially detained under part 2 of article 294 (Riots

leading to death).

Joint marches among fans are a regular tradition before all football matches.

According to the Odesa City Council Health Department, 230 persons requested medical aid, out of them 214

were delivered to hospitals in ambulances.

PDF to HTML - Convert PDF files to HTML files

66.

In the context of the events in Odesa, the role of the police and the lack of

preparedness and protection were highly questionable.

The Office of the Prosecutor has

opened criminal proceedings against the police officers under article 367 (Neglect of official

duty). On 3 May, the head of the regional police, Mr Lutsiuk, was dismissed.

67.

On 5 May, Arsen Avakov, the Minister of Interior, announced that a special unit of

the National Guard (400 persons) arrived in Odesa to protect the integrity of the region and

restore public order. It will be under supervision of the head of Odesa Regional

Administration. The unit comprises armed volunteers, which is of concern given their lack of

training in handling mass protests.

F. Political rights

Human rights in the electoral process

68.

On 4 April, the Central Election Commission (CEC) confirmed the registration

23 candidates (20 men and 3 women) for the Presidential elections scheduled on 25 May.

69.

Several candidates have reported facing arbitrary restrictions, hate speech,

intimidation and violent attacks during their election campaigning. Some examples of such

cases are listed below.

a) On 10 April, Oleg Tsariov (non-affiliated candidate from eastern Ukraine) following a

press conference in Odesa was reportedly prevented from leaving the location by “Right

Sector” activists. Scuffles broke out between the latter and supporters of Mr. Tsariov. The

police managed to transfer Mr. Tsariov out of the hotel.

b) On 14 April, Mykhailo Dobkin (Party of Regions) and Oleg Tsariov were attacked in

Kyiv at the ICTV (national TV channel) media building. Both are known for their pro-

Russian stance and for supporting federalism.

c) On 11 April in Rivne, there were reports of “Right Sector” activists who picketed, burned

documents and then sealed the office of the Communist Party. They demanded activities

of the party be banned for as long as Petro Symonenko, Head of the Communist Party,

supported separatist activities in south-east Ukraine.

d) On 22-23 April in Krasnodon and Alchevsk (Luhansk region) unknown persons attacked

campaigning tents of Anatoliy Hrytsenko (Civic Position party). On 30 April, in

Mykolaiv his campaigners were verbally harassed with demands to remove the campaign

tents by unknown persons.

The preparedness of the State Emergency Service of Ukraine and its ability to deal with arson is also

questionable. Whereas the medical help (first aid provided by ambulance and medical help in the hospitals) was

assessed as highly effective.

CEC denied registration to 17 candidates as they did not comply with the procedural norms. There were no

claims of unlawful refusal in registration.

On 25 May there will be elections of mayors in some of the towns (namely Kyiv, Cherkasy, Chernivtsi,

Odesa, Kherson, Mykolaiv, Sumy and a number of smaller towns throughout Ukraine. During the presidency of

Viktor Yanukovych, the results of the mayors’ elections in these towns were illegitimate, but the early elections

were blocked through the administrative pressure. The towns were governed by the secretaries of the city halls.

PDF to HTML - Convert PDF files to HTML files

e) On 28 April in the village Perehrestivka (Romensky district, Sumy region), the pro-unity

campaign team of Oleh Liashko (Radical Party) was threatened and their property

destroyed. He cancelled his campaigning activities in the area.

f) Also on 28 April, Mykhailo Dobkin, was prevented from leaving the plane at Kherson

airport by some 250 pro-unity activists. The police claimed they were prohibited from

accessing the runway, and could not provide security to the Presidential candidate. A

criminal case has been opened against the aforementioned activists (still being identified)

under article 279 (Blocking transport communications by placing obstacles preventing

normal functioning of transport or creating danger to human life or the onset of other

serious consequences) of the Criminal Code.

70.

The HRMMU has concerns about the security of the candidates and space for their

pre-election activities, as well as how voters are able to access comprehensive information

about the presidential candidates.

71.

The NGO “Opora” has highlighted that the Presidential election campaign is often

accompanied by intolerance, which could lead to more social tension and outbursts of

violence. The HRMMU is concerned at the reports of billboards being posted by Oleh

Liashko with the slogan “Death to occupants”. They have been sighted in in the regions of

Chernivtsi, Ivano-Frankivsk, Rivne, and Ternopil.

72.

On 1 May, Oleg Tsariov and Natalia Korolevska officially withdrew as candidates

from the Presidential elections.

On 16 April, two criminal proceedings were initiated

against Oleg Tsariov based on articles 109 (Actions to overthrow a government) and 110

(Separatism). As of 5 May, 21 candidates (19 men and 2 women) were confirmed as running

for the Presidential post.

73.

On 26 April, the CEC announced that in order to vote in the Presidential elections,

Ukrainian citizens living in Crimea would have to register in person at any polling station on

mainland Ukraine no later than five days prior to the election day, i.e. 19 May. This implies

that residents of Crimea will have to travel to another region twice (to register and to vote) or

to spend one week there. This is the only option provided to ensure their participation. The

procedure for registration was simplified for the residents of Crimea, compared to other

citizens of Ukraine who want to vote in another location. The citizens in Crimea do not have

to provide any additional supporting documentation. As of 5 May, approximately 727

residents of Crimea have registered to vote on mainland Ukraine. The over 7,000 IDPs from

Crimea will be able to vote where they are now settled.

74.

On 30 April, Andriy Mahera, Deputy Chair of the CEC, announced that Presidential

elections would be conducted whatever the circumstances and their outcome would be legally

binding. Furthermore, in order to prevent the disruption of the electoral process, as well as to

hinder any possible unlawful referendums in support of the various self-proclaimed

"people's" republics (e.g. Donetsk People’s Republic) the decision had been made to block

the access to the State Voter Register in several towns in Donetsk and Luhansk regions.

Oleg Tsariov claimed that elections were not possible at a time of “civil war” in the country. Natalia

Korolevska gave the reason for her decision as being that the elections were dividing the country.

The access to the State Voter’s Registry in 7 towns of Donetsk region was blocked on 24 April and in 7 towns

of Luhansk region on 30 April. The access to the registry in Crimea remains blocked since 6 March.

PDF to HTML - Convert PDF files to HTML files

Women’s participation

75.

Women represent 54 % of the Ukrainian population, but they are underrepresented in

politics as leaders. Ukraine is falling short of fulfilling its 2015 Millennium Development

Goal commitment of having 30% of top leadership positions filled by women Of the 21

Presidential candidates, only two are women. Only 10% of the members of Parliament are

women. The current Cabinet of 18 Ministers includes only two women, although its

composition was completely revisited in February. Women are better represented in local

government: 12% of regional councillors; 23% of district councillors; and 28% of city

councillors; and in village councils women making up 50% of the councillors.

76.

The HRMMU has not noted any discriminatory language towards women either

during the campaigns for the presidential or Kyiv mayor elections. At the same time, there

were no systematic efforts to promote women in campaigning positions, as election

commission members or as election observers. NGOs report that the election campaign has

not sought to promote women and have expressed concern that the issue of gender equality is

becoming lost amid the enormous reform agenda.

Political parties

77.

On 21 April, Viacheslav Ponomariov, the self-proclaimed Mayor of Slovyansk,

reportedly banned the election campaigning activities of the (pro-Maidan) political parties,

such as “Udar”, “Svoboda” and “Batkivshchyna” in Slovyansk.

78.

On 30 April, the District Administrative Court of Kyiv issued a decision to terminate

the activities of the political party “Russian Unity”.

The Ministry of Justice provided

evidence that the leader of the party, Sergey Aksionov (current “governor” in the

Autonomous Republic of Crimea), had conducted an anti-State policy, aimed at the violation

of the territorial integrity and independence of the country. The court hearing on the “Russian

Block” is to resume on 12 May.

G. Minority rights

79.

The UN Special Rapporteur on Minority Issues, Rita Izsák, conducted a mission to

Ukraine on 7-14 April 2014, visiting Kyiv, Uzhgorod, Odesa and Donetsk (she was unable to

access Crimea). In her press statement at the conclusion of the visit, she noted that inter-

ethnic and inter-faith relations were harmonious; and that the legislative and policy

environment was conducive to the protection of minority rights, including cultural rights.

However, she also observed that considering the great diversity of population groups in

Ukraine, the institutional attention to minority issues was currently insufficient and had

declined or been downgraded in recent years. She further noted that the recent developments

in Ukraine had created an environment of uncertainty and distrust that may create fractures

along national, ethnic and linguistic lines and threaten peaceful coexistence if not resolved.

She warned that in some localities the level of tension had reached dangerous levels and must

be diffused as a matter of urgency.

On 15 April, the Ministry of Justice filed a lawsuit prohibiting the activities of the political parties Russian

Bloc and Russian Unity in Ukraine. Allegedly the leadership of the political parties was seeking to change the

constitutional order by force, to undertake activities violating the sovereignty and territorial integrity of Ukraine,

to illegally seize State power, to undertake war propaganda, violence, and incitement to ethnic, racial or

religious hatred – all of which are contrary to Article 5 of the law "On Political Parties in Ukraine".

Press statement of 16 April 2014, by the Special Rapporteur on minority issues, available online at

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14518&LangID=E.

PDF to HTML - Convert PDF files to HTML files

80.

The HRMMU has received credible reports that Crimean Tatars are experiencing

significant pressure, examples of which are provided in section VI on “Particular Human

Rights Challenges in Crimea”.

81.

The importance of using one’s mother tongue freely in private and public without

discrimination is of high importance. Generally communities expressed satisfaction that

minority schools or specialized classes have been established and function freely according to

national law. They frequently noted that the use of minority languages is a significant and

valued feature of Ukrainian society and is in no way incompatible with the teaching and use

of Ukrainian as the state language. However, the Special Rapporteur on Minority Issues

referred to the concerns voiced by ethnic Russians that there were relatively few Russian

schools in relation to their numbers. On 11 April, while in eastern Ukraine, acting Prime

Minister Yatseniuk emphasised that the law “On the Basics of State Language Policy” so

called “Kolisnechenko-Kivalov law”, remained in force. However, this remains a contentious

issue in eastern Ukraine, with many not grasping that the use of languages is to be considered

by region.

82.

There have been individual cases of hostility and anti-minority acts reported to the

HRMMU. These remain isolated incidents, but which can contribute to an atmosphere of

mistrust and fear, which in turn can generate discrimination and violence, and potentially hate

crimes.

83.

The HRMMU has observed a number of cases motivated by hatred against minorities:

a) In Odesa on 7 April, an incident when graffiti with swastikas was painted on Jewish

tombs, the Holocaust memorial and on houses next to the Synagogue was monitored by

the HRMMU. The signature of the Right Sector allegedly appeared next to the graffiti.

On 8 April, the leaders of Right Sector from Kyiv and of the Ukrainian National

Assembly personally met with the Chief Rabbi, Avraam Volf, to assure him that these

organisations had not participated in these acts. Together with the municipal service and

pro-unity activists, they washed off the graffiti from the tombs. The Jewish community

believes these acts were a provocation and not part of a broader threat. On 8 April, the

police opened a criminal investigation into the case based on article 296 of the Criminal

Code (Hooliganism).

b) On 15 April, in Donetsk, anti-Semitic leaflets

with the stamp of the “Donetsk People’s

Republic” were circulated near the local synagogue. The self-proclaimed leaders of the

“Donetsk People’s Republic” denied their involvement in the incident; its self-proclaimed

Governor, Serhiy Pushylin, called it a provocation. On 18 April, the Security Service of

Ukraine announced that the materials of this case were added to the on-going criminal

proceedings under articles 110 (Trespass against territorial integrity and inviolability of

Ukraine) and 294 (Riots).

Criminal Code also foresees accountability for such criminal offences as: violation of graves (article 297),

illegal desecration of religious sanctities (article 179), and violation of citizens’ equality based on their race,

nationality or religious preferences (article 161).

The text of the leaflet obliged all Jews of Donetsk region to pass registration by 3 May, which costs 30 USD.

If not passed, they will be deprived of citizenship and deported from the Donetsk People’s Republic with the

confiscation of their property.

PDF to HTML - Convert PDF files to HTML files

84.

The HRMMU in Odesa, Kyiv, Donetsk and Lviv met with representatives of the

Jewish communities (the World Jewish Congress, Rabbis, and cultural centres). In all

locations, it was informed that, apart from a few anti-Semitic incidents over recent years, they

had not experienced significant violations or threats. However, one of them expressed

concerns that the political party –“Svoboda” – which made anti-Semitic statements in the past

- was now represented in the Parliament and the Government.

85.

The HRMMU visited the Zakarpattya region, which is the most ethnically diverse

area in Ukraine. In meetings with national and ethnic communities no information was

received that suggested they were facing tension or hostilities. The largest national and ethnic

communities (Hungarians, Russians, Ruthenians, Poles and Slovaks) described positive inter-

ethnic relations. However, the HRMMU received allegations from representatives of the

Roma community that they frequently face discrimination and stigmatisation, as well as

arbitrary arrest and ill-treatment from law enforcement officials in Zakarpattya. They do not

usually report such incidents due to their lack of trust in the law enforcement bodies and fear

of further persecution.

86.

In Donetsk region, the HRMMU has been monitoring the situation of the Roma

community particularly following the attack during the night of 18 April on the Roma

community in Slovyansk (Donetsk region), reportedly by an armed group of persons. NGO

representatives reported to the HRMMU that seven households were attacked by armed men

demanding gold, money and other valuables. The Roma Council of Ukraine has claimed that

this was the most recent attack on the Roma community in the past months. One of the

families has registered a complaint with the police. Two later reports of attacks on Roma

communities received by the HRMMU could not be verified. Reports indicate that many

Roma families have apparently left Slovyansk for unspecified reasons; the situation for those

remaining in the town remains unverified.

87.

The HRRMU has received credible reports of ongoing reports of hate speech,

harassment and hate-motivated violent attacks against LGBT persons, including organised

attacks by groups specifically targeting LGBT persons, and limited investigations into such

attacks by law enforcement officials or remedy for victims. The issue of the protection of the

rights of LGBT persons has repeatedly been misrepresented and used in a derogatory manner

by political actors to discredit opponents. The LGBT community is concerned that the

political programmes of the two right-wing parties – Svoboda and Right Sector (leaders of

both are running for the Presidency) – clearly state combating homosexuality as one of their

goals. Reportedly, the Communist Party of Ukraine has also made negative statements

regarding sexual orientation. The LGBT community in Kharkiv informed the HRMMU that

they have been receiving threats from both radical right-wing groups and pro-Russian

movements. Both sides are quite similar in their negative attitude towards LGBT and their

use of hate speech.

88.

On 15 April, a draft law on the prohibition of propaganda of same-sex sexual relations

aimed at children, which has been condemned by the UN human rights mechanisms, as well

as the Council of Europe, was withdrawn from Parliament. However, another draft law (Nr.

0945), contemplating similar provisions, technically remains under consideration, despite a

motion for its withdrawal.

89.

Acknowledging the need for confidence-building between various communities in

society, there have been some attempts by human rights NGOs in the Donetsk region to

PDF to HTML - Convert PDF files to HTML files

organize discussions aimed at breaking the stereotypes that exist in the society about tensions

between different groups and to engage in dialogue. On 16 April in Lutsk (western Ukraine),

local civil society activists held a round table discussion on mutual understanding with

representatives of national minorities of the region. Representatives of the local chapter of the

Right Sector, Community Sector, Auto-Maidan, the Russian Cultural Centre and the Polish

Cultural Society took part in this event.

PARTICULAR HUMAN RIGHTS CHALLENGES IN THE EAST

A. The right to life, liberty and security

90.

The HRMMU has received credible reports regarding the increasing numbers and

presence of well-organized armed persons in eastern Ukraine, particularly in the Donetsk

region, which in some towns are forming so-called “self-defence” units. These armed groups

are seizing and occupying more and more public and administrative buildings, including

those of the Donetsk regional administration, the Prosecutor, the Security Service of Ukraine,

as well as police departments in various towns, mostly in the northern part of the Donetsk

region and parts of Luhansk region. These illegal take-overs of administration buildings (such

as the Donetsk Regional State Administration and the Regional Department of the Security

Service of Ukraine in Luhansk) by both armed and unarmed persons were done so with

political demands for regionalisation, and at times reportedly separatism.

91.

A number of regions self-proclaimed their “sovereignty”, for example on 7 April,

there was the announcement by those occupying the Regional Administration Building in

Donetsk of the establishment of the so-called “Donetsk People’s Republic”; on 27 April a

similar announcement was made in Luhansk concerning the establishment of the so-called

“Luhansk People’s Republic”.

92.

The acquiescence of law enforcement bodies in the illegal seizure and occupation of

public and administrative buildings in the Donetsk and Luhansk regions has been observed,

raising questions regarding its implications for the administration of justice and the rule of

law, including the prompt and effective investigation into reported criminal acts. This raises

serious concerns regarding residents’ access to legal remedies, due process and overall

guarantees for human rights protection.

93.

This has contributed to a situation where armed persons, now formed into illegal

groups, operate and run towns with impunity, for example in the town of Slovyansk located

in 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 self-defence unit” in Slovyansk.

94.

The HRMMU is concerned with the undermining of human rights protection and

guarantees of fundamental freedoms for the population of the town where buildings are

occupied by armed persons, as well as the broader population of eastern Ukraine.

Specifically, the HRMMU is concerned about the rise in the number of reported cases of

intimidation, harassment and killings, as well as the wave of abductions and unlawful

detentions of journalists, activists, local politicians, representatives of international

organizations and members of the military.

Security and law enforcement operation

PDF to HTML - Convert PDF files to HTML files

95.

The Government first announced a “counter-terrorist” operation in eastern Ukraine,

namely Donetsk region, on 13 April. The ensuing security and law enforcement operation

was ceased by the authorities in observance of the Easter holidays and in the aftermath of the

Geneva meeting and statement.

Following the discovery of the bodies (with alleged signs of

torture) of Volodymyr Rybak

, Horlivka city councillor, and Yuriy Popravko

, a student

and Maidan activist from Kyiv, in a river near Slovyansk on 19 April, acting President

Oleksandr Turchynov ordered the resumption of the “counter-terrorist” operation in eastern

Ukraine on 24 April.

96.

On 28 April, the body of another student, Yuriy Dyakovskiy, was discovered in the

river near Slovyansk with similar signs of torture. He had arrived in Slovyansk on 16 April

with three other friends and was allegedly abducted on 17 April.

97.

The security and law enforcement operation has since then particularly concentrated

on the town of Slovyansk, which serves as the “armed operations base” of the so-called

“Slovyansk self-defence unit”. According to the law enforcement bodies of Ukraine, these

armed groups are well organised and heavily armed, and have managed to down two

Ukrainian helicopters with shoulder-held missiles. On 28 April, the Ministry of Interior

reported that three checkpoints had been taken and that “five terrorists were destroyed” by

Ukrainian security forces as they attempted to gain control of Slovyansk. Such use of force

raises concerns as to whether other non-violent means could have been used, in line with

relevant international norms and standards. Furthermore, the HRMMU is also concerned

about information it has received regarding alleged cases of enforced disappearances in

eastern Ukraine reported to have been carried out by the Ukrainian army as part of these

operations. As security and law enforcement operations continue, increasing concerns are

raised regarding the protection of the local population.

98.

In Kostyantynivka on 3 May, during the security and law enforcement operations the

Security Service of Ukraine reported wounded persons, not disclosing the exact number.

According to local sources in the hospital in Kostyantynivka, there were a number of

casualties as a result of those operations. The HRMMU is trying to further verify this

information.

99.

In Kramatorsk according to the Department of Public Health of the Donetsk Regional

State Administration, six individuals among the local population were reportedly killed and

15 wounded in the course of a security and law enforcement operation that took place on 3

May.

100. On 16 April, during an attempt to take over a military unit in Mariupol by local pro-

Russian protesters, reportedly three persons were killed, 13 wounded and 63 were detained

by law enforcement officers. There are allegations that the protesters were armed. According

to relatives of those detained, the protesters were not armed, and they allege more were killed

by law enforcement bodies. The HRMMU is seeking to verify information in this case.

Unlawful detentions

See footnote 2.

Mr Rybak - a well-known supporter of the unity of Ukraine - was abducted by unknown persons on 17 April,

and his whereabouts since that time had remained unknown. On 23 April, the State Security Service opened an

investigation into the killing of Mr. Rybak.

Mr Popravko went missing on 18 April. Allegedly was tortured and drowned the same day.

PDF to HTML - Convert PDF files to HTML files

101. Of grave concern, is the increased number of cases of abductions and unlawful

detentions in the eastern regions, with journalists appearing to be particularly targeted. The

illegal “Slovyansk self-defence unit” appears to be responsible for controlling these illegal

activities. Information on the unlawfully detained was from time to time confirmed by the

self-proclaimed mayor of Slovyansk, Viacheslav Ponomariov. The unlawful detention of a

group of OSCE military observers and their Ukrainian five counterparts came to an end with

their release on 3 May, after 10 days in captivity. One was released in the first 24 hours on

medical grounds. Despite such releases, the HRMMU remains deeply concerned that there is

little or no information on the reported cases of detentions, including of three officers from

the Security Service of Ukraine apparently still detained by the “Slovyansk self-defence

unit”. These acts are in violation of national laws and international standards. The HRMMU

continues to receive reports of cases of abductions and unlawful detention of individuals

whose whereabouts cannot be accounted for by relatives and colleagues. As of 5 May, the

HRMMU was aware of at least 17 persons who were still reportedly unlawfully detained in

the Donetsk region; however, the actual number of those unlawfully detained may be higher.

102. Some examples of cases which have and continue to be monitored by the HRMMU

include:

a) On 19 April, a railway police officer, left home in Slovyansk and has never returned.

Criminal proceedings have been opened under article 46 of the Criminal Code (Illegal

abduction or deprivation of liberty);

b) In Kramatorsk, on 21 April an armed group abducted a police officer; criminal

proceedings were initiated under article 349 of the Criminal Code (Capture of

representative of government law enforcement agency as a hostage);

c) On 29 April, a local activist, was allegedly abducted by unidentified persons, and is now

unlawfully detained by an armed group in the occupied building of the State Security

Service in Luhansk;

d) On 29 April, an armed group abducted a member of the Svoboda party and a local

election commission representative in the town of Konstantinovka. The next day, an

armed group abducted a second Svoboda party representative. Unofficial sources told

relatives that the two men are unlawfully detained in Slovyansk;

e) On 2 May in Donetsk an armed group abducted an activist and aide. He was unlawfully

detained, beaten and interrogated for three days. He was released on 5 May;

f) On 3 May, pro-unity activists were unlawfully detained, beaten and interrogated in

Luhansk. They were released on 4 May;

g) On 4 May, a group of armed men abducted six residents of Novogrodovka in Donetsk

region, including town councillors and trade union members. They were severely beaten

and tortured while unlawfully detained in the occupied building of the Regional State

Administration in Donetsk and some of them were released on 5 May.

Detentions and cases of alleged enforced disappearances

103. The HRMMU has received credible reports of the detention and transfer to Kyiv by

the Security Service of Ukraine of a number of persons. At times between their detention and

confirmation of whereabouts, a number of these individuals had been held in conditions

amounting to enforced disappearance. Examples of such cases are:

a) On 26 April, an activist from the Artyomivsk self-defence unit, was reportedly detained

by the Ukrainian military and transported by helicopter to Kramatorsk. He was

PDF to HTML - Convert PDF files to HTML files

interrogated and released on 27 April after one day of enforced disappearance. The

HRMMU interviewed the activist in the Artyomivsk hospital where he has been

undergoing medical treatment for injuries sustained while in detention. According to him,

Ukrainian special military units (allegedly “Alfa”) searched him at a checkpoint, which

had been operated by an armed group. He was reportedly unarmed. His membership card

from the Ukrainian branch of the Don Cossacks organization was found. He was beaten,

blindfolded and taken to Kramatorsk where he was interrogated about his alleged

connections to the Russian Federation. The local police in Artyomivsk registered the case.

No criminal investigation has been opened, as he has refused to file an official complaint

for fear of retaliation;

b) An activist of the “Donetsk People’s Republic” was detained on 3 April by the Security

Service of Ukraine and transferred to the Security Service of Ukraine pre-trial detention

center in Kyiv. He has since been charged under article 294 (Civil unrest), and article 341

(Illegal occupation of government or public buildings and installations) of the Criminal

Code. His relatives were not informed about his detention and transfer to the SBU in Kyiv

for some time - HRMMU is verifying the timeframe. The National Preventive

Mechanism has confirmed to the HRMMU that his state of health is satisfactory and he

receives legal aid.

104. Pavel Gubarev, self-proclaimed “People’s Governor” of Donetsk region, was arrested

on 6 March by the Security Service of Ukraine. According to his lawyer, the manner in which

his detention took place presented a number of violations of the requirements of the Criminal

Procedure Code of Ukraine. However, the HRMMU also received information according to

which this would not be the case.

B. Freedom of expression

105. The struggle for control of the media outlets, and who is able to broadcast where,

continues inside Ukraine, particularly in the east. The latest incident was the seizure of a TV

centre in Donetsk on 27 April by pro-Russian protesters with the demand that it switches

back to broadcasting Russian TV, which followed an earlier decision by the Kyiv

administrative court to prevent such broadcasting and only permitting Ukrainian TV

channels.

106. The environment for journalists working in eastern Ukraine is deteriorating.

Journalists, bloggers and other media personnel either based in the region, or visiting, are

facing increasing threats and acts of intimidation, including abduction and unlawful detention

by armed groups. According to information received by the HRMMU, the so-called

“Slovyansk self-defence unit” has been unlawfully detaining journalists since 15 April. There

are reports that at the check-points of Slovyansk, there are lists of journalists and others that

the armed group is seeking, with photographs and personal data. Allegedly, in this way many

journalists have been detained. Most are accused by the armed groups who detain them of

working for the CIA, FBI, the Right Sector or of being one-sided about their reports from

Slovyansk.

107. The HRMMU is aware of at least 23 journalists, reporters, photographers (both

foreign and Ukrainian nationals) who have been abducted and unlawfully detained by armed

groups, primarily in Slovyansk. As of 5 May, 18 of them were known to have been released.

PDF to HTML - Convert PDF files to HTML files

They have reported that those still kept in unlawful detention, including journalists, by the

“Slovyansk self-defence unit”, had been subjected to ill-treatment.

108. The exact number of the journalists still unlawfully detained remains unknown. As of

5 May, the HRMMU was following the cases of a number of journalists, including: 1)

journalist with the Open Dialogue Foundation who went missing on 16 April but was

released on 6 May; 2) staff member of the “Hidden Truth TV, went missing on 20 April.

Both were reportedly seen by a journalist who was then released

in the basement of the

seized building in Slovyansk; 3) a journalist with the Lviv-based media outlet “ZIK” was

unlawfully detained by unknown persons on 25 April on the main square of Slovyansk; and

4) a journalist with the Lutsk-based “Volyn Post” newspaper, went missing on 26 April in

Slovyansk. The whereabouts of at least two of these journalists remains unknown.

109. On 2 May, several journalist crews were briefly abducted by unknown persons in the

Donetsk region: the production team of SkyNews and CBS as well a “Buzzfeed” news

website journalist and his interpreter. The HRMMU interviewed most of the victims after

their release and return to Donetsk. During their unlawful detention, the journalists and local

staff were blindfolded, held at gun point, interrogated, and threatened. One female journalist

was reportedly sexually harassed.

110. The impact of the developments in eastern Ukraine on the most vulnerable groups is

being closely monitored by the HRMMU. Attacks by an armed group on Roma communities

in Slovyansk that were reported, resulted in many Roma families leaving the area, with others

remaining in the city fearful to cross checkpoints.

C. Investigations related to events in the east

111. Information provided to the HRMMU by the Office of the General Prosecutor showed

that law enforcement agencies had registered 247 criminal proceedings concerning cases of

“separatism”. 17 of these are under investigation by the Regional Prosecutors of Donetsk,

Luhansk, Kherson and Dnepropetrovsk: eight concern violent acts to overthrow or change the

constitutional order as stipulated or to seize state power (article 109 of the Criminal Code), or

the infringement of Ukraine’s territorial integrity and inviolability (article 110 of the Criminal

Code), and one criminal proceeding for high treason (article 111 of the Criminal Code). The

remaining eight criminal proceedings concern excessive use of powers (article 365 of the

Criminal Code) by police officers in connection with allegedly supporting an act of

“separatism” (linked to either article 109 or 110 of the Criminal Code).

112. The HRMMU is following up on a number of cases where individuals were detained

under these criminal proceedings related to events in the east. On 30 April, the HRMMU

received information from the National Preventive Mechanism regarding ten detained

persons. It was stated that they are held in the pre-trial detention centre of the Security

Service of Ukraine based on respective court decisions, and, reportedly, are in satisfactory

health condition and receive legal aid.

113. In addition, the HRMMU verified allegations made by a Russian senator claiming that

Pavel Gubarev, the self-proclaimed governor of Donetsk, who was detained in Donetsk by

Journalist of the VICE News (USA) who was detained on 22 April and released on 24 April.

PDF to HTML - Convert PDF files to HTML files

police on 6 March and transferred to Kyiv, had been tortured and was in a critical condition.

The HRMMU spoke with the lawyer of Pavel Gubarev and the head of the National

Prevention Mechanism; both denied the torture claim. On 30 April, the lawyers of Mr.

Gubarev announced that Shevchenkivskiy District Court in Kyiv had prolonged the detention

period of Mr. Gubarev until 28 June.

D. Economic and social rights

114. Public services are reported to be operating in most towns in the east, despite the

seizure of public and administrative buildings. The impact on the access to, and the quality

of, services provided by public institutions for residents in a non-discriminatory way

continues to be observed, including in those towns either already controlled by armed groups,

or with administrative buildings occupied by armed and unarmed opponents of the

Government. The presence of armed groups and their particular control of towns such as

Kramatorsk and Slovyansk is resulting in the disruption of many aspects of daily life. There

are reports that many shops are closed; public services are fully operational, including public

transport, schools and healthcare and medical facilities. Several major banks terminated

operations in various parts of eastern Ukraine due to numerous instances of attacks on their

offices.

115. The HRMMU heard of concerns regarding the on-going crisis from representatives of

Women’s NGO in both Kyiv and Donetsk. Their sense is that there is very little participation

and inclusion of women in efforts to resolve the current crisis in Ukraine, particularly in the

eastern regions. Their more active inclusion in such activities is viewed by many as critical to

the success of possible steps to secure good governance, respect for human rights and the rule

of law. Advocacy is necessary at all levels to ensure the inclusion of women into any

effective efforts at national reconciliation and dialogue.

116. One gap raised in particular in Donetsk, is the inclusion of Women’s NGOs in the

Donetsk region so that they are more connected both geographically, e.g. with NGOs in Kyiv

– the HRMMU has facilitated this connection. In Donetsk itself, the HRMMU has included a

representative of the women's NGO coalition in regular NGO meetings it has initiated with

members of the civil society in Donetsk to discuss human rights.

VI.

PARTICULAR HUMAN RIGHTS CHALLENGES IN CRIMEA

117. In line with UN General Assembly Resolution 68/262, adopted on 27 March 2014,

entitled “Territorial integrity of Ukraine”, the HRMMU monitors the human rights situation

in the Autonomous Republic of Crimea. On 28 April, a law, adopted by Parliament on 15

April “On guaranteeing citizens' rights and freedoms and legal regime in the temporarily

occupied territory of Ukraine” entered into force (hereafter “Law on Occupied Territory”).

According to the Law, the Autonomous Republic of Crimea and the city of Sevastopol, the

airspace above them, domestic waters and territorial sea of Ukraine, including underwater

space, are all defined as a temporarily occupied territory. It foresees that the temporarily

occupied territory is an inalienable part of the soil of Ukraine where Ukrainian laws remain in

effect. The Law stipulates that the responsibility for the violations of human rights and the

destruction of cultural property lies with the Russian Federation as the occupying State

according to the norms and principles of international law.

PDF to HTML - Convert PDF files to HTML files

118. The Ombudsman reported that since the unlawful “referendum” in the Autonomous

Republic of Crimea, the number of people seeking help has significantly increased. However,

as of 7 April, the regional office of the Ombudsman in Crimea was forced to stop working

and had to close, due to its eviction from its office and the overall obstruction faced by its

staff in their work. The representative of the Ombudsman Institution in Crimea continues to

receive information on Crimea through human rights defenders and NGOs. The HRMMU is

concerned about the gap in human rights protection as a result of the closure of the

Ombudsman regional representation.

A. Internally displaced persons from Crimea

119. UNHCR reports that as of 29 April there were 7,207 internally displaced persons

(IDPs) registered in all 24 regions of Ukraine. With no official centralised registration

process, there are concerns that this figure may not reflect the reality, with some IDPs not

registering with local authorities. Registration with a local authority is only required should

people wish to access state services, such as healthcare, or register for housing and

employment. Most of IDPs have settled in Kyiv (1968 persons) and Lviv region (1207

persons); 445 persons registered in Poltava, 386 in Vinnytsya, 374 in Kharkiv, 300 in

Dnipropetrovsk, 243 in Ivano-Frankivsk, 196 in Chernivtsi. The majority of IDPs are

Crimean Tatars; although there are reports of an increased registration of ethnic Ukrainians,

ethnically mixed families, and ethnic Russians. Most IDPs are women and children.

120. The local authorities of the regions where IDPs have settled have endeavoured to

provide essential needs and services, including accommodation, schooling, social benefits

and, in some cases, employment.

121. Common challenges that the IDPs face are: interruptions in the provision of, and

access to, social benefits, including pensions, maternity benefits, and child assistance

payments, difficulties in obtaining documents, e.g. university documents for students, and not

being able to access their bank accounts in branches based on mainland Ukraine.

122. 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

who have resettled from the temporarily occupied territories”. The Law also addresses other

issues of concern to IDPs, such as how they can receive unemployment benefits, exercise

their right to vote, and replace their identity documents. In addition, various ministries have

adopted specific regulations and procedures to facilitate the access of persons from Crimea to

education (including higher education), medical care, and social benefits. Nevertheless, a

number of key issues, particularly residence registration and the related issue of business

registration, still need to be addressed through legislation/regulations.

123. The HRMMU has received reports that some IDPs are planning to apply for asylum in

Europe and Turkey; others plan to settle in their location; while others are looking to return to

Crimea.

B. Rights of Crimean residents

124. As the legislation of the Russian Federation is being enforced on the territory of

Crimea, at variance with the UN General Assembly resolution 68/262, this is creating

difficulties for Crimean residents, as there are many differences with Ukrainian laws. One

particular example concerns the treatment now available to HIV/AIDS patients in Crimea. In

PDF to HTML - Convert PDF files to HTML files

Ukraine, people who use drugs have access to opioid substitution therapy (OST) as an

integral part of the widespread implementation of harm reduction programmes. These

programmes are an essential element in controlling HIV/AIDS and other infectious disease

among injecting drug users in Ukraine, as elsewhere in Eastern Europe. In 2013, the

Ukrainian State Service for drug control reported that approximately 8,000 people in Crimea

were infected with HIV/AIDS. As of 1 March, there were 806 people using OST in Crimea;

as of 6 May, the OST programmes in Crimea stopped. The majority of former OST patients

now face deterioration in their health condition due to the fact that this treatment has been

curtailed. This raises serious concerns for HIV/AIDS patients in particular, questioning how

they may now access and gain quality healthcare treatment.

Right to citizenship

125. Citizenship issues became more critical following the agreement between the Russian

Federation and the authorities in Crimea, which stipulates that the citizens of Ukraine and

stateless persons permanently residing in Crimea or in Sevastopol as of 18 March 2014 shall

be recognized as the citizens of the Russian Federation, with the exception of persons who

within one month thereafter declare a desire to maintain their or their minor children's active

citizenship or to remain stateless persons.

126. The deadline for Crimean residents to refuse Russian citizenship expired on 18 April,

after which applications for refusing Russian citizenship were no longer accepted.

127. The HRMMU was informed of constraints faced by Crimean residents who refuse to

acquire Russian citizenship: (1) the period granted for initiating the procedure of refusing

Russian citizenship (18 April) was too short; (2) instructions from the Russian Federal

Migration Service (FMS) on the refusal procedure were only available as of 1 April; (3)

information about FMS points was not available until 4 April; (4) from 4 - 9 April only two

FMS points were functioning - in Sevastopol and in Simferopol; (5) as of 10 April, 9 FMS

points were working: Sevastopol, Simferopol, Yalta, Bakhchisaray, Bilogorsk, Evpatoriya,

Saki, Kerch and Djankoy; (6) some requirements in the procedure of refusing Russian

citizenship evolved over time, such as the necessity to be make the application in person, and

that both parents were required for the application of a child. The HRMMU is concerned that

there may be problems with regard to the right to citizenship and will closely monitor any

related cases.

128. Article 5 of the adopted Law “On Occupied Territory” states that the forced automatic

acquirement of Russian citizenship by Ukrainian residents living in Crimea is not legally

accepted by Ukraine, and is not deemed as grounds for the withdrawal of Ukrainian

citizenship.

129. The HRMMU is concerned with reports that those who did not apply for Russian

citizenship are facing harassment and intimidation. It will be critical that they are ensured

their property and land rights, access to education and healthcare and face no curtailment to

the array of social benefits associated with citizenship. The transition period in Crimea will

end on January 2015. Allegedly, those who have refused to acquire Russian citizenship by

this time, will have to apply for residence permits; or else they could face deportation from

the territory of Crimea.

Freedom of movement

PDF to HTML - Convert PDF files to HTML files

130. The “Law on Occupied Territory” has only minor restrictions to the freedom of

movement (foreigners and stateless persons will have to obtain a special permit to enter/leave

the occupied territory). Under article 10, freedom of movement between the Autonomous

Republic of Crimea and mainland Ukraine is allowed for Ukrainian citizens. On 14 April, the

authorities in Crimea announced that full access for Ukrainian citizens to Crimea will be

guaranteed as of 25 April.

131. In practical terms, there are long queues at the boundary line that now exists, with

signs that the latter is becoming fully-functioning. This impedes and complicates maintaining

family ties and places limitations on the freedom of movement. The existence of a boundary

line between Crimea and mainland Ukraine with checks performed at 27 check points was

announced on 25 April by the acting Head of the Federal Migration Service of Russia in

Crimea, Petro Yarosh.

132. On 29 April, the Ministry of Foreign Affairs of Ukraine sent a diplomatic note of

protest to the Russian Federation, stating that the establishment of a border was not in line

with the basic principles and norms of international law and contradicts UN General

Assembly Resolution 68/262.

133. On 22 April, 12 more names were added to the list of “Persons Engaged in Anti-

Crimean activity, whose stay is undesirable on the territory of the Autonomous Republic of

Crimea”, originally adopted by the “State Council of Crimea” on 27 March. It reportedly now

includes 344 names, one of which is Mustafa Jemilev, ex-chairman of the Parliament of the

Crimean Tatar people.

134. On 29 April, a group of Crimean Tatars reported that they were made to leave a train

by law enforcement officials in the town of Djankoi, having been informed that they were not

permitted to enter Crimea. Apparently at the time of the incident, no reason was given for this

decision (possibly, the absence of Russian passports). The HRMMU is seeking further

information on this incident to verify the situation, and why limitations were placed on the

freedom of movement for these individuals.

135. On 30 April, the Cabinet of Ministers of Ukraine issued an Order “On temporary

closure of crossing points across the border and checkpoints”,

according to which 27 check

points are to be closed. The Order is not likely to have an impact on the freedom of

movement for Crimean residents, as the check points to be closed are at airports (all flights

connecting Crimea and continental Ukraine have been cancelled following the unlawful

“referendum”) or at coastal entry points. This, however, might have a negative effect in the

long run on trade, and thus economic rights.

Freedom of expression and access to information

136. In April, some Crimean media outlets moved their editorial offices to mainland

Ukraine due to fear for their personal safety and impediments they were facing in their work.

Examples of such moves are Internet portal “Blackseanews”, TV channel “Chornomorka”

and Internet portal “Events of Crimea”.

It is stated that the measure is required due to the deterioration of the situation in the Crimea and invasion of

the armed formations and persons with the extremist views to the territory of Ukraine and military aggression

from the side of the Russian Federation, blocking of the border check points, which prevents from conducting

the control foreseen by the legislation.

PDF to HTML - Convert PDF files to HTML files

137. The broadcasting of the Ukrainian TV channels in Crimea has been disconnected

since early March, and is only available via satellite.

138. On 22 April, Lilia Muslimova, press-secretary of the Parliament of the Crimean Tatar

people, announced that broadcasting was no longer permitted for the Crimean Tatar people

on State TV and Radio Company “Krym” about Mustafa Jemilev and Refat Chubarov,

member of the Parliament of the Crimean Tatar people.

139. With the enforcement of legislation of the Russian Federation, Crimean media face

growing difficulties. All media outlets have to now re-register. A reported concern, that needs

to be verified, is that an unofficial requirement for re-registration will be for the editor-in-

chief to be a citizen of the Russian Federation.

140. On 10 April, Ukrainian radio stations had to suspend their work in Crimea due to the

newly-occurred legal and technical difficulties in ensuring FM broadcasting on the territory

of the peninsula. These included the six stations belonging to the group “TavrMedia”

(Russian radio, Hit FM, Kiss FM, Radio Roks, Relax, Melodia), UMH Holding (AutoRadio,

Our radio, Europe Plus) and Business Radio Group (Radio Shanson and Favourite radio

Sharmanka).

Freedom of association

141. The HRMMU is concerned about NGOs based in Crimea who will now operate under

the law on foreign agents of the Russian Federation. This will potentially affect their

operations, as it places restrictions on the receipt of foreign funding. There is no such law in

Ukraine.

Freedom of religion

142. Worrisome developments have been reported to the HRMMU regarding freedom of

religion in Crimea after the 16 March unlawful “referendum”. Besides earlier reported attacks

on priests, the pressure on some religious communities seems to persist.

143. On 25 April, the Ukrainian Orthodox Church of Kyiv Patriarchate published an

official statement, expressing deep concern that the authorities in Crimea did not comply with

the written arrangements guaranteeing the safety of the Crimean diocese. In Sevastopol, the

Temple of Martyr Clement of Rome, located on the territory of the Training Unit of the

Ukrainian Navy, has practically been taken away from the Ukrainian Orthodox Church of

Kyiv Patriarchate. The Archimandrite Macarius (ethnic Russian) and the parishioners are not

allowed into church by the Russian military men that guard the territory. The attempts of the

Crimean diocese to meet with representatives of the current city authorities of Sevastopol on

this and other issues failed. Similar situation occurred with the Temple of the Intercession of

the Theotokos (Protection of Virgin Mary) in the village of Perevalny. The priest and

parishioners report harassment by representatives of the Ukrainian Orthodox Church of the

Moscow Patriarchate. For example, on 13 April, during the Palm Sunday celebrations, some

unidentified persons tried to prevent members of the congregation from entering the church,

and attempted to provoke a conflict.

144. Growing pressure on the Muslim communities has also been reported. For example,

the Islamic political group Hizb ut-Tahrir is banned in Crimea pursuant to Russian law,

which has declared the group to be an extremist organisation. Hizb ut-Tahrir had been

functioning in Crimea for over a decade, mainly being active in the spheres of education and

PDF to HTML - Convert PDF files to HTML files

politics. Reportedly, most of its members have fled Crimea due to fear of prosecution by the

Russian Federation based on charges of terrorism. In addition, many Crimean Tatars, who

openly practice Islam reported their fears that the Russian authorities will consider them

members of this group and thus prosecute them.

145. On 22 April, the deputy head of the Jewish community “Hesed-Shahar”, Borys

Helman, reported that a memorial to the Holocaust victims in Sevastopol was desecrated by

unknown persons. The inscriptions on the memorial were painted red, with signs of the

“USSR” and Soviet symbols. The case was reported to the police, and is said to be under

investigation.

C. Rights of indigenous peoples

146. Reports from Crimea raise serious concerns about on-going harassment towards

Crimean Tatars.

147. The HRMMU has received reports from the “Standing Committee on inter-ethnic

relations” in Crimea that on 9 April the memorial of Akim Dzhemilev, a famous Crimean

Tatar choreographer, in the village Malorechenskoye (near Alushta) had been desecrated. The

“Chair of the State Council” of the Autonomous Republic of Crimea has instructed police to

respond to any reported acts of vandalism in Crimea.

148. On 19 April, Refat Chubarov, Chairman of the Parliament of the Crimean Tatar

people, and Mustafa Jemilev, leader of the Crimean Tatar People, alleged that representatives

of the ‘self-defence units’ stopped their car and harassed them on the highway Simferopol –

Bakhchisaray near the village Chistenkoe.

149. On 21 April, a group of unidentified men, describing themselves as members of the

‘self-defence unit’ broke into the building of the Parliament of the Crimean Tatar people and

removed the Ukrainian flag, harassing verbally and physically female employees.

150. On 22 April, the Presidium of the Parliament of the Crimean Tatar People issued an

official statement calling on the Crimean authorities to de-escalate the current lawlessness in

Crimea. According to the statement, the first step should be the dissolution of the so called

“Crimean self-defence”. This is seen as the main source of the reported lawlessness, with an

escalation of acts committed towards Crimean Tatars.

151. The same day, on his way back to Kyiv, Mustafa Jemilev was presented with

“Notification of non-permission to enter the Russian Federation until 2019”. Although

initially denied, this was later confirmed by Olha Kovitidi, “Senator” from Crimea in the

Council of Federation of the Russian Federation.

152. On 3 May, Mustafa Jemilev tried to enter Crimea from mainland Ukraine via the

crossing point Armiansk, after having been prevented from boarding the plane from Moscow

to Simferopol on 2 May. Traditionally, Crimean Tatars drive to greet their leader on his

return and entry to Crimea. This time they were met by a number of armed military personnel

without clear identification insignias how blocked them. Later on, some of the Crimean

Tatars crossed to mainland Ukraine. When the procession of people headed by Messrs.

Jemilev and Chubarov tried to cross the border again, they were stopped. Access to Mr.

Jemilev was once again forbidden and he returned to Kyiv. After several hours of waiting,

PDF to HTML - Convert PDF files to HTML files

Crimean Tatars returned to Crimea, where they organised a peaceful flash-mob to draw

attention to the incident. On 5 May, the court decision was issued to two persons, who were

fined with 10,000 RUB each, for participating in the flash-mob. Reportedly, the court

hearings were conducted under the strict control of the “Office of the Prosecutor” of Crimea.

153. Furthermore, on 4 May, Refat Chubarov, chairman of Parliament of Crimean Tatar

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

Crimean Tatars on 3 May at the crossing point violated Russian legislation. Since they were

coordinated by the Parliament of the Crimean Tatars People, its activity may be considered as

extremist. According to the Federal Law of the Russian Federation Nr.114 FZ due to this

extremist activity, the work of the Parliament of the Crimean Tatars People may be

announced illegal and terminated.

154. This is a deeply worrying development, especially considering other examples

human rights violations regarding Crimean Tatars.

VII.

CONCLUSIONS AND RECOMMENDATIONS

155. Based on the HRMMU monitoring conducted during the reporting period, OHCHR

recommends that the Government of Ukraine and the authorities in Crimea review and

implement fully the recommendations of the first report on the situation of human rights in

Ukraine, released on 15 April. In addition, OHCHR makes the following conclusions and

recommendations:

To the Government of Ukraine:

a) Welcome steps taken to support the establishment of the HRMMU and encourage

further cooperation in order to support the Government in addressing human rights

concerns. OHCHR assures the Government of its on-going support in its efforts to

address human rights concerns in line with international standards, and within the

framework of the UN General Assembly resolution 68/262 and the Geneva Agreement of

17 April 2014.

b) The deterioration in the east of Ukraine – the unlawful activities of the armed groups,

including the seizure and occupation of public and administrative buildings, and

numerous human rights abuses, inter alia, unlawful detentions, killings, torture/ill-

treatment and harassment of people – remain the major factor in causing a worsening

situation for the protection of human rights. A prompt, impartial and comprehensive

investigation should be undertaken into the events and violence in the east.

c) All armed groups must disarm and their unlawful acts brought to an end, including the

immediate release all those unlawfully detained, and the vacation of occupied public and

administrative buildings, in line with the provisions of the 17 April Geneva Agreement.

Those found to be arming and inciting armed groups and transforming them into

paramilitary forces must be held accountable under national and international law.

HRMMU is verifying reports that Crimean Tatars working in law enforcement or holding important public

positions are being pressured to submit letters of resignation.

PDF to HTML - Convert PDF files to HTML files

d) Security and law enforcement operations must be in line with international standards

and guarantee the protection of all individuals at all times. Law enforcement bodies must

ensure that all detainees are registered and afforded legal review of the grounds of their

detention.

e) The violent clashes in Odesa on 2 May resulted in the deaths of 46 people, with over

200 injured and 13 remaining missing. It appears to have hardened the resolve of those

opposing the Government, and deepened division between communities. There is a need

for an independent investigation into the violent events of that day. The perpetrators must

be brought to justice in a fair and non-selective manner.

f) Primarily as a result of the actions of organised armed groups, the continuation of the

rhetoric of hatred and propaganda fuels the escalation of the crisis in Ukraine, with a

potential of spiralling out of control. Acts of hate speech must be publicly condemned and

deterred. Political leaders should refrain from using messages of intolerance or

expressions which may incite violence, hostility or discrimination; but they also have a

crucial role to play in speaking out firmly and promptly against intolerance,

discriminatory stereotyping and instances of hate speech

g) There are increasing reports of harassment and intimidation of journalists. These

should be investigated and addressed in order to ensure accountability and protect

fundamental human rights and freedoms. Freedom of expression must be ensured

allowing journalists the space and security to carry out their work objectively.

h) There is an increasing tendency in some critical urban areas for rallies of opposing

groups to be held simultaneously, often leading to violent confrontations and clashes.

This trend can be reverted by replacing incitement to hatred with the culture of tolerance

and mutual respect for diverging views. Peaceful demonstrations must be permitted, as a

matter of international law, and also as a way for people to express their opinion. Law

enforcement agencies must facilitate peaceful assemblies, ensuring the protection of

participants, irrespective of their political views. In this context, law enforcement officers

must receive adequate training for handling rallies and protests in line with the

international human rights standards.

i) The law enforcement reform package should aim to reinforce the rule of law; to de-

politicise, de-militarise, de-centralise and strengthen the structure of the law enforcement

bodies through accountability, transparency, and closer cooperation with the public and

local communities, as well as professionalising the staff.

j) The Law “On the restoration of the credibility of the judiciary in Ukraine” must be

brought in line with international norms and standards.

k) The announced national consultations on the discussion of the amendments to the

Constitution of Ukraine on the decentralization of state powers should be advanced in

accordance with the principle of equal inclusion of all, including national minorities and

representatives of civil society, and ensuring equal role for women. A system of checks

See the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that

constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4, appendix, para. 36).

PDF to HTML - Convert PDF files to HTML files

and balances should be fully provided. If conducted in a broad, consultative and inclusive

manner, this may be a positive step leading to the de-escalation of tensions and genuine

national reconciliation.

l) The adoption of measures, including making official public commitments on minority

protection and ensuring participatory and inclusive processes in public and political life -

reassuring all members of minorities regarding respect for their right to life, equality,

political participation in public affairs and public life, as well as their cultural and

linguistic rights would significantly ease tensions within the Ukrainian society.

m) The Central Election Commission of Ukraine has set out that the presidential elections

will be conducted whatever the circumstances and that the results will be legally binding.

OHCHR is concerned that the presidential election campaign is being accompanied by

intolerance from certain parties, with cases of hate speech being expressed and

presidential candidates being harassed and physically attacked, which could lead to more

social tension and violence. Free, fair and transparent presidential elections – in line with

relevant international standards - are an important factor contributing towards the de-

escalation of tensions and the restoration of law and order to enable the peaceful

development of the country.

To the authorities in Crimea:

n) Reaffirming UN General Assembly resolution 68/262, entitled “Territorial integrity of

Ukraine”, measures must be taken to protect the rights of persons affected by the

changing institutional and legal framework, including on issues related to citizenship,

right of residence, labour rights, property and land rights, access to health and education.

o) At variance with UN General Assembly resolution 68/262, the legislation of the

Russian Federation is being enforced on the territory. In addition, its differences in

comparison with Ukrainian laws already have and will continue having serious

implications for the enjoyment of human rights and fundamental freedoms, including

freedom of expression and media as well as freedoms of peaceful assembly, association

and religion.

p) All acts of discrimination and harassment towards members of minorities and

indigenous peoples – in particular Crimean Tatars – and other residents who did not

support the “referendum” must come to an end, and all their human rights must be

guaranteed.

q) Agree to the deployment of independent and impartial human rights monitors,

including by the HRMMU.

PDF to HTML - Convert PDF files to HTML files

VIII.

ANNEX

Concept Note

UN human rights monitoring in Ukraine

Introduction

This concept note proposes the objectives and activities of enhanced OHCHR engagement in

Ukraine through the immediate deployment of a human rights team.

Rationale for OHCHR’s engagement

OHCHR has been closely following developments in the country with the High

Commissioner for Human Rights publicly voicing concerns regarding human rights

violations, including the restrictive legislation adopted by the Parliament on 16 January,

urging inclusive and sustainable dialogue, and calling for investigations into cases of killings,

disappearances and other violations. On 21 February, the Special Procedures of the UN

Human Rights Council also issued a press release condemning the excessive use of force and

calling for proper and impartial investigation into the reported incidents of human rights

violations. To date OHCHR’s engagement in Ukraine has been through its Human Rights

Adviser within the UN Resident Coordinator and UN Country Team, supported by its

geographical desk team in Geneva.

The deployment of an OHCHR team to Ukraine is fully consistent with, the requirements of

the Secretary-General’s Rights Up Front Plan of Action. The Plan of Action also aims to

ensure that UN Country Teams are provided with the support they require to respond to the

human rights context, including through the deployment of human rights expertise.

OHCHR’s engagement, and provision of information and analysis of the human rights

situation, will further allow the UN to undertake further steps to respond to an emerging crisis

in Ukraine as set out in the Plan of Action.

Objectives

•

Monitor the human rights situation in the country and provide regular, accurate and

public reports by the High Commissioner on the human rights situation and emerging

concerns and risks;

Recommend concrete follow-up actions to relevant authorities, the UN and the

international community on action to address the human rights concerns, prevent

human rights violations and mitigate emerging risks;

Establish facts and circumstances and conduct a mapping of alleged human rights

violations committed in the course of the anti-government demonstrations and

ensuing violence between November 2013 and February 2014;

Establish facts and circumstances related to potential violations of human rights

committed during the course of the deployment.

•

PDF to HTML - Convert PDF files to HTML files

Activities

Monitoring, reporting and advocacy – The submission of regular updates and analysis to the

High Commissioner on the human rights situation and principal concerns, with a specific

focus on, and identification of, issues likely to have an impact on the overall security

situation in Ukraine. This shall include recommendations for action to be taken by the

relevant authorities, the international community and the UN in the country, and steps

necessary to provide protection for persons at risk.

Coordination and collaboration with other human rights monitoring activities – The team will

actively coordinate and collaborate with other human rights monitoring capacity within the

country and deployments by other international organisations (including OSCE-ODIHR,

CoE). More detailed working arrangements with these actors on the ground will have to be

further elaborated, especially with respect to public reporting.

Advisory role to the RC and UNCT – The team, with the support of the Human Rights

Advisor, will provide advice and recommendations to ensure the integration of a response to

the key human rights concerns within the strategy of the UNCT. This will include advice to

the Resident Coordinator (RC) on advocacy measures to be undertaken with key national

actors in relation to human rights concerns, and may undertake direct advocacy with specific

partners and stakeholders, in coordination with the RC and OHCHR. The team will also

provide guidance to relevant members of the UNCT, and input to UNCT meetings.

Composition and deployment of the mission

The mission will be conducted by a team of seven human rights officers, headed by one P5

team leader, and made up of six P4/P3 human rights officers, security and administrative

support staff, and supported by 25 national staff.

The head of the team will be based in Kiev and be responsible for the staff in five other

locations of the country: initial planning has identified Lviv, Odessa, Simferopol, Donetsk

and Kharkiv. OHCHR will aim to co-locate OHCHR team members within UN premises in

these locations, if available, or at the offices of other international organisations, including

OSCE-ODIHR.

Security

OHCHR Safety and Security Section will assist the team in coordinating its activity with UN

DSS and will provide advice on security related aspects. A security officer will be included as

a member of the team.

Dates of the mission

The suggested timeline for this mission is from mid-March, ensuring continuity of an

increased human rights presence after ASG Simonovic's departure, and for a period of up to

three months.

Funding

PDF to HTML - Convert PDF files to HTML files

Funding will initially be provided from the Secretary-General’s unforeseen and extraordinary

expenses, with additional funding sources to be sought.

Head Office

Sub-Office

+ covering Crimea