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#1 2017

IN THE SPOTLIGHT Consideration of the “ v. Russian Federation” Suit in The Hague Continues pp. 2-3

OCCUPATION How Russia Forces the Inhabitants of to Abandon Ukraine

pp. 6-7

HERITAGE Genoese Fortress: Test of Occupation

pp. 14-15

FEATURED INTERVIEW Jamala, the Winner of the 2016, “THE SONG 1944 REMINDED THE WORLD OF THE TRAGEDY OF THE ” pp. 4-5 NEWS INTERNATIONAL LAW

Easier Entrance to Ukrainian Universities for Crimea’s Graduates This Year Educational centers “Crimea–Ukraine”, through which ap- CONSIDERATION plicants who live in the occupied Crimea can enter Ukrain- ian universities, have started their work. The admission procedure has been significantly simplified this year. This OF THE “UKRAINE year, the graduates need neither a Ukrainian passport, nor a certificate of secondary education or a certificate of external independent evaluation. It is enough for graduates to choose one of the educational centers “Crimea–Ukraine”, personally V. RUSSIAN fill out the educational declaration and pass two exams — the and the history of Ukraine. The third exam is determined by the chosen educational institution. FEDERATION” SUIT Higher educational institutions of Kherson are ready to enroll 1000 students from the occupied Crimea this year TAKES PLACE IN Ukraine is Working on a Lawsuit Regarding the Blocking of the THE HAGUE Kerch Strait The Ministry of Infrastructure of Ukraine intends to appeal to the International Maritime Organization with a complaint In early 2017, Ukraine has filed a claim to the UN International Court about the illegal construction of the Kerch Bridge by the of Justice on bringing the Russian Federation to account for the Russian occupation authorities and the closure of the Kerch support of terrorism in the east of Ukraine and the discrimination Strait. According to the Deputy Minister of Infrastructure of ethnic Ukrainians and Crimean Tatars in the occupied Crimea. Yuriy Lavrenyuk, Russia did not coordinate the construc- In spring, hearings on the application of the preventive measure tion of the bridge with Ukraine, therefore such actions are a in connection with the relevant request of Ukraine have begun in direct violation of existing international norms, in particular The Hague. Now, the trial proceedings are ongoing. Recently, a the UN Convention on the Law of the Sea. Lavrenyuk noted meeting of the parties’ delegations has taken place in The Hague and that the closure of the Kerch Strait, which is planned for Au- resulted in a clear timetable for further procedures. In particular, gust–September, could affect shipping and is unacceptable Ukraine must present its written Memorandum before June 12, 2018; the Counter-Memorandum of the Russian Federation must be from the point of view of the national security. received no later than July 12, 2019. Radio Liberty in Crimea is Under Pressure from the Occupation “No” to Ethnic Discrimination Authorities In its request, Ukraine asked the Court to oblige the Russian Representatives of the Russian agitprop openly accuse the Federation not to violate the norms of the international law. media outlet of extremism and anti-Russian activities. So, In particular, our country petitioned that the Court obliges the according to the statement of Igor Korotchenko, Сhairman Russian Federation to ensure effective control over its borders, of the Public Council at the Ministry of Defense of Russia, stop the supply of weapons to Ukraine and support of illegal the US Radio Liberty works in Crimea in violation of the armed groups that harm the civilian population of Ukraine, and laws. He also believes that the radio station’s editorial office also refrain from any acts of ethnic discrimination in the occu- is “a semi-underground network that collects information pied Crimea. and passes it on to a virtually foreign organization formally On April 19, the UN International Court of Justice made an in- registered as a media”. terim decision in the case “Ukraine v. Russian Federation” recog- nizing that this trial is in its jurisdiction. In addition, the Court

Crimea Inform, No.1 (1), June 2017 in The Hague obliged Russia to resume the work of the Mejlis of Registration Certificate КВ No.22665-12565Р of May 4, 2017 the Crimean Tatar People, stop discrimination of ethnic Ukrain- Founder: National News Agency of Ukraine — Ukrinform ians and Crimean Tatars and ensure unhindered access to educa- Publisher: Mega-Press Group Ltd. Address: 2-D, Les Kurbas Str., 03148 Kyiv, Ukraine, tel: (044) 455-46-23 tion in the Ukrainian language in the occupied Crimea. Editor-in-chief: Y. Kazdobina Address: 8/16, Bohdan Khmelnytskyi Str., 01001 Kyiv, Ukraine, “At the moment, the Court has come to the conclusion that the tel: (044) 279-81-52; fax: (044) 279-86-65, 234-83-66, e-mail: [email protected] Crimean Tatars and ethnic Ukrainians remain vulnerable in Cri- Reproduction is only permitted with prior written permission of the Editorial Board. The cover photo is provided by Jamala’s Press Service. mea,” said Ronnie Abraham, the Chairman of the International Printed at: Private Enterprise Granmna Firm Address: 94-A, Povitroflotskyi Ave, 03151 Kyiv, Court of Justice, commenting on the Court decision. “In this re- Ukraine Order No.173. Approved for printing on July 3, 2017. Circulation: 2500 copies Distributed free of charge #1 2017 2 spect, the Court takes into account the report on the situation “At the time of the invasion by the Russian army and the annexa- with respect for human rights in Ukraine.” tion of the peninsula, 12.6 thousand children (about 7.5%) stud- ied in Ukrainian in the Crimean schools. By September 2015, Russia will Dodge the situation changed significantly. Only 949 schoolchildren were educated in Ukrainian, which was 0.5% of the total number the Responsibility of pupils. In addition, it should be noted that, according to the The Сourt has also imposed the obligation on both sides legislation of the occupying country, training in grades 10–11 is (Ukraine and Russia — Ed.) not to violate the Convention on provided exclusively in Russian,” the expert states. the Elimination of All Forms of Racial Discrimination until the final decision is taken. The fact that Ukraine will implement the Court decision is not in doubt, but there are justifiable concerns The Ukrainian language in the annexed peninsula is about Russia. the language of resistance to occupation, the langu- Mustafa Dzhemilev, the leader of the Crime- age of protest, the language of freedom. Therefore, an Tatar People, noted that the Court deci- the occupants have tried to supersede and eliminate sion with respect to the Mejlis is a significant any use of the Ukrainian language all these years. moral support for the Crimean Tatars, but he Oleh Okhredko doubts in Russia’s desire to observe it. “No, of course, it will not observe (the Court In turn, the Ministry of Foreign Affairs of decision — Ed.). Nevertheless, such Court Ukraine urged the international community decision is of great importance. This is un- to monitor the observance of the decision equivocally a moral support for all those Crimean Tatars, who of the UN International Court of Justice by are persecuted,” Mustafa Dzhemilev believes. the Russian Federation. “We urge the entire international community to monitor the ob- servance of this Court decision by Russia and This Court decision is an important moral support hold it accountable for every fact of its viola- for those Crimean Tatars, who are persecuted, Mustafa Dzhemilev tion,” Olena Zerkal, Deputy Foreign Minister for European In- tegration, representing the Ukrainian government at the hearing Oleh Okhredko, an Analyst of Almenda in The Hague, said. Center for Civic Education, who has moni- tored the situation with the Ukrainian-lan- children studied in Ukrainian guage education in the occupied Crimea for 12 600 in the Crimean schools in early 2014 more than three years, also tends to believe that Russia will not comply with the Court Crimean schoolchildren had access to Ukrainian- decision on ethnic Ukrainians. In his state- 949 language education by September 2015 ment, he produces sad statistics.

Photo: Ukrinform 3 #1 2017 FEATURED INTERVIEW

Jamala, “THE SONG 1944 REMINDED THE WORLD OF THE TRAGEDY OF THE CRIMEAN TATARS”

Photo by the press service of Jamala #1 2017 4 Last year’s Eurovision winner told us daughters then passed away. Actually, which, by the example of my family, I about the history of the song 1944, the this topic is close to many people in vari- told about the tragedy of all our people. tragedy of the Crimean Tatar people ous countries of the world. Many nations I always stressed that if I had not writ- and music as an instrument to present experienced their awful tragedies, such as ten the song 1944, I would not have par- Ukraine in the world. repressions, deportations and genocides. ticipated in the Eurovision Song Con- Unfortunately, people haven’t learned test 2016 at all. I would like to think that how to live in peace and tolerance. For me the topic raised in it touched the hearts hanks to your victory the song is really personal, and I would of the European public. People learned in 2016, the Eurovision like its message to be heard by as many about Crimean Tatars and their stories. Song Contest came to people as possible both in my country However, a song, unfortunately, can not Kyiv this year, and for- and in the world. Too much suffering has defend anyone. I wish music could help. eign– touristsT could get to know Ukraine befallen our people in recent years! I was But arrests of Crimean Tatars, searches, better. Do you think this experience sure we would win contest, even though groundless charges and eradication of was successful? the critics claimed, “Europeans will not any dissidence continue to take place — Eurovision was held in Ukraine at the understand this song.” in Crimea. This is a new tragic page in right time. That was a good reason to — How was your victory taken in Cri- the history of Ukraine and the Crimean talk about our country not only in con- mea? What does it mean for the Crime- Tatar people. nection with the annexation of Crimea an Tatar people? — You once confessed that you didn’t or the war in Donbass. Visitors from all — Many people came to my parents, dare to go to Crimea after its occupa- over Europe came to us and saw with thanked, gave flowers, brought food. tion. Have your feelings changed lately? their own eyes all the beautiful things Among them there were those who, How do you keep in touch with relatives Ukraine has. We have an amazing coun- like my relatives, survived deportation. who stayed in Crimea? try and very hospitable people. Millions People say that when I was singing they — Unfortunately, I haven’t been to Cri- of tourists should come to us, as we have were kneeling and praying to God that mea. It’s all very hard. a lot to show. He would hear my song. Even before — Which countries of Europe have you — Tell us about the song 1944, with the finals, many Crimean Tatars noted visited after Eurovision? which you won the Eurovision Song that my performance in was — For some period of time I almost did Contest. Did you have to explain in already a victory for them. But I un- not leave the plane. We traveled all over Europe what kind of song it was? How derstood: that was not enough. I would Ukraine, were the headliners of the jazz was it taken abroad? Why did you find not have been satisfied even with the festival Alfa Jazz Fest in Lviv, which was it necessary to tell your personal story second place. Thanks to 1944, the topic specially extended for one day, performed to such a large audience? of deportation of Crimean Tatars was at the Cathedral Square in Vilnius, in the — Composing it, I was inspired by my covered by all the world’s leading pub- most prestigious hall of Istanbul, and gave great-grandma Nazyl-khan’s story about lications and news agencies. It began concerts in Poland, Germany, the tragedy of our family and all Crimean long before the victory, just after I had and the UK. And all that had to be com- Tartars in 1944. I mean the forced de- passed the national selection in Ukraine. bined with interviews, filming, meetings portation. One of my great-grandma’s I gave a huge amount of interviews, in and writing new music.

The Day the Future Disappeared In 2013, the feature film Haytarma, which highlights the Early in the morning on May 18, 1944, a special operation, unprecedented in its cru- deportation of Crimean elty, was launched. The Crimean Tatars, whom the Soviet authorities had accused of Tatars, came out. Its author and performer cooperating with the fascist occupation regime, were evicted from their homes. NKVD of the main role was Akhtem officers bursting into houses forcibly drove half-dressed, frightened people out onto the Seitablayev, a Ukrainian director of street, not allowing them to take even the most necessary things. For disobedience, peo- the Crimean Tatar origin. ple were shot on the spot. Then, the exiles were transported to Uzbekistan, Kazakhstan, Tajikistan and the Urals in overcrowded freight cars in inhuman conditions. Almost 200 thousand Crimean Tatars were deported in a few days. According to different sources, between 15% to 40% of deported people died of disease and hunger only in the first years of the exile. For those, who were lucky enough to sur- vive, staying in a foreign land turned into a daily hell. And only in 1989, the USSR called the deportation illegal and criminal, which allowed the exiles and their descendants to finally return to their historical homeland. On November 2, 2015, the Verkhovna Rada of Ukraine recognized the events of 1944 as genocide and declared May 18 the Day of Remembrance of the Victims of the Crimean Tatar People’s Genocide.

Photo: Ukrinform 5 #1 2017 HOSTAGES OF THE OCCUPATION

CITIZENSHIP OR LIFE How Russia Forces Crimea’s Residents to Abandon Ukraine through Medical Blackmail

Over the past few years, Russian propaganda aimed at Ukraine, together with the Russian switch from Ford, Renault and Mercedes cars to weapons, has developed all sorts of tools to influence the consciousness of people. So, the products of the Russian car industry as part of the residents of Crimea are told that their salary is much higher than even in Europe, and they import substitution. More important is the aspect themselves have an opportunity to find employment in any country of the world with a fake of receiving medical services by those Crimea’s resi- diploma or go abroad with the Russian passport issued in the occupied territory. dents who, after the annexation of the peninsula, ei- ther refused to automatically take Russian citizen- ship and received occupation residence permits in ne of such examples of pro-Russian their native land, or simply did not begin to register propaganda was a brief article under the Russian passports in protest, having only Ukrainian trivial title “Life after the referendum in ones with the registration in Crimea. Crimea: the view of a Ukrainian” that appearedO on one of web sites. In his material, the nameless author, inter alia, tells about the numerous “They cannot deport him, A child with an acute advantages of the Russian health care in Crimea. but, at the same time, they toothache was not given “Despite the fact that not all the problems have been treatment in a dentist solved there, there is an irresistible gap between make his life intolerable” department, demanding Russian and Ukrainian health care. And it’s not just In March 2017, journalists of the Belarusian Euro- that his parents show that the Russian doctors are equipped with a better radio, visiting Crimea on the third anniversary of “normal” passports. technology, but that they really treat citizens much its occupation by Russia, interviewed a resident more humanely. And this is especially evident in of Mikhail, who had only a Ukrainian the examples of “foreigners”,” an unknown publicist passport. writes. “Once I had to call an ambulance. At that “In the spring of 2014, residents of Crimea wrote time, I was in the territory of the Russian Federa- applications for Russian passports right at their tion as a foreigner and did not have a medical insur- workplaces. Mikhail worked as a manager in a small ance (although anyone who enters the territory of local company. This company moved to Kyiv, but Russia, even for 90 days, has the right to it). Never- Mikhail stayed in Crimea and wrote a statement theless, I was given an absolutely free care.” refusing to take the Russian citizenship, due to We will not dwell in detail on the technical equip- which he got into a strange situation: they cannot ment of Crimean doctors, in particular of the am- deport him from Simferopol, but, at the same time, bulance units, who after the occupation had to they make his life intolerable. He has no way back.

#1 2017 6 Now it is much more difficult for him to get a Rus- The next OHCHR report, for February 16 — May sian passport — he needs to write an application and 15, 2016, referred to another similar case, “On wait for five years,” the correspondents noted. April 3, a Crimean woman died as a result of delays “I do not have a single Russian document: no pass- in getting medical treatment. The woman sought port, no residence permit, no medical insurance to be admitted to a public hospital in Simferopol policy. I have to earn a living by freelancing — I can but was initially denied access because she did not not engage in any economic activity or start a busi- have a medical insurance. The woman refused to ness, I cannot go and just get a job, because then obtain a passport of a citizen of the Russian Fed- I’ll have to get a special Russian permit. And for me eration in 2014. After her condition worsened due A woman in labor, it’s important. What permit? I’m at home,” the man to high blood pressure, she was admitted to the who did not have a says. “When I get sick, I have to use the services of hospital but died of a heart attack in the reception Russian passport, private doctors or to invent something. I could buy room.” The woman was only 25 years old, and her was refused medical medical insurance from a private company, but it’s death shocked the Ukrainian public of the penin- care in a Crimean expensive. Therefore, I try not to get sick.” sula, “Everyone, without saying a word, came to the funeral wearing vyshyvankas. The girl was also maternity home. buried in vyshyvanka shirt, and next to her, on the Refusals of Treatment – pillow, there was the flag of Ukraine. People, who At Every Turn came to the funeral, laid blue and yellow wreaths and flowers on the grave...” Unfortunately, the reports that a woman in labor, So the real essence of Russian operettas about who did not have a Russian passport, was refused the protection of all Crimea’s residents without to give birth in a Crimean maternity home, or a exception becomes obvious once you look behind child with an acute toothache was not given treat- the scenes. The invaders will never be able to re- ment in a dentist department, demanding that his imburse the cost of human fates and lives paid for parents show “normal” passports, are already taken the scenery. as a given. In August 2016, doctors of one of the Unfortunately, all these stories are just the tip of hospitals in Simferopol refused to take donor blood the iceberg. In fact, it is even difficult to imagine from acquaintances of the person, who got into the how many Crimea’s residents are deprived of their intensive care unit, because they had “foreign” pass- rights and opportunities in all spheres of life with- ports with a Ukrainian trident. In September of out exception: medicine, education, social security the same year in Yevpatoria, another man was de- and so on, and are forced to daily withstand the nied treatment of a serious eye disease due to the insane pressure of the occupation authorities only absence of a Russian medical insurance. The latter because they have the courage to remain citizens case was mentioned in one of the reports of the Of- of their country. fice of the United Nations High Commissioner for Human Rights (OHCHR). Observers noted that such refusals to provide medical care, not unique in Crimea, are considered discriminatory and are re- Ukrainian to Death corded as violations of human rights in accordance Last year, thanks to human rights activists with international standards. and journalists, the story of Yevhen Sikanov, a participant of the Revolution of Dignity, who had died of cancer in Yalta on May 9, 2016, and who Human Tragedies did not live nearly two months to his 60th birthday, At the end of 2015, Yevhen Zakharov, the Head was made public. of the Kharkiv Human Rights Group, told about the death of a Crimean woman, who had kept her During the clashes of law enforcement officers Ukrainian passport, because she was denied medi- and protesters in Kyiv in early 2014, he was al- cal care, “She was seriously ill. The ambulance re- ways in the thick of things. Yevhen is remem- fused to take her to the hospital, saying that she bered as an honest man who could not tolerate injustice and dishonesty and was a citizen of another state and that she could be fought against them. In April 2014, Sikanov returned to the already occupied helped only for a lot of money.” That incident was Crimea, where he settled after having retired. Despite the pressure and repres- recorded by the OHCHR in a report on the human sions, he did not remove his publications and photos of the Maidan period from rights situation in Ukraine for November 16, 2015 social networks, and even posted new ones that had not yet been made public. — February 15, 2016, “A woman who had been liv- In the streets of Yalta, he could be seen wearing a vyshyvanka. ing in Alushta, Crimea, for the last 10 years, but Until the last days of his life, the patriotic Crimean remained Ukrainian and de was registered in Kharkiv, died in December after jure. His family was forced to organize a registration of the Russian citizenship the public hospital (in Crimea — Auth.) refused for him at the last stage of his illness. The powerful painkillers he needed would to treat her because she did not have any health not have been allowed from mainland Ukraine through the “state border”, ar- insurance. She was eventually evacuated with the tificially created by the Russian security forces in Perekop, and to obtain them help of relatives to mainland Ukraine, where she from Russia, a Russian insurance policy was required. died in hospital after a few days.”

Photo: Ukrinform 7 #1 2017 DIRECT SPEECH

Gyunduz Mamedov, Prosecutor of the Autonomous Republic of Crimea, “WE WORK EVERY DAY TO OBTAIN EVIDENCE OF THE CRIMINAL ACTIVITIES OF THE OCCUPATION AUTHORITIES IN CRIMEA.”

Due to the occupation of the Crimean peninsula by the Russian Federation, in June hat are the peculiarities of the 2014, the Prosecutor’s Office of the Autonomous Republic of Crimea was relocated work of the Prosecutor’s Of- to the city of Kyiv by order of the Acting General Prosecutor of Ukraine. Currently, fice of the Autonomous Re- its prosecutors investigate crimes against the fundamentals of Ukraine’s national public of Crimea under the security, war crimes, violations in the environmental sphere and the facts of –peninsula’sW occupation? illegal crossing of the aerial and maritime border between mainland Ukraine and its — I shall be honest with you, for a long time, the temporarily occupied territory. We have talked to Gyunduz Mamedov, the Head of this Department, about the formation of the Prosecutor’s Office of the Autonomous Prosecutor’s Office was actually nominal. Its staff Republic of Crimea, issues faced by its employees and ways to overcome them, and consisted of 25 prosecutors and investigators. And about positive results. the working conditions left much to be desired. In September last year, at my request, the structure of the Prosecutor’s Office of the Autonomy was re- organized, and its staff was doubled. In addition to the main office of the Prosecutor’s Office of the Au-

Photo: Ukrinform #1 2017 8 tonomous Republic of Crimea, located in the capital, tion. How many criminal proceedings have been its separate structural units were formed in Kherson. launched against them, how many of them have That was due to the creation of the Office of the Se- been brought to trial? Do you have any problems curity Service of Ukraine in the Autonomous Re- with these cases? public of Crimea in the Kherson region. The Main — Investigators conduct pre-trial investigations into Directorate of the National Police in the Autono- the incidents of high treason, crimes committed on mous Republic of Crimea is located in Odessa. Their the peninsula by former law enforcement officers and coordination and interaction have already been es- those related to encroachment on Ukraine’s territorial tablished. integrity and inviolability, and other unlawful acts. As for the issues related to the performance of their It is clear that the issue of real criminal prosecution functions by law enforcement agencies, there is a of those guilty of crimes committed in the temporar- problem with collecting evidence in the conditions ily occupied Crimean Peninsula is acute. In addition of the temporary occupation of the peninsula, and to taking advantage of the special pre-trial inves- the time when it was necessary to act in hot pursuit tigation for this purpose, it is necessary to take all has been irretrievably lost. Nevertheless, we actively possible steps, including those in the framework of work on finding other sources of information that can international cooperation, to declare these persons be used to collect evidence in criminal proceedings. internationally wanted and to assess their actions at Given our specifics, namely the inability to conduct the international level. investigative actions directly in the territory of Cri- We overcome problems arising in the investigation of mea, I consider it a positive development that we criminal cases, but there are difficulties in obtaining have established cooperation with almost all leading evidence. The overwhelming majority of witnesses public and human rights organizations dealing with and necessary documents are in the temporarily oc- Our goal is to conclude these issues. Nowadays, we already have irrefutable cupied Crimea, which complicates our work. How- this year’s criminal evidence of the commission of crimes by some indi- ever, we still manage to get important information proceedings against viduals in the peninsula, and we take further proce- for the investigation. all former deputies of dural steps to collect new evidence on unlawful acts — Recently, the Ukrainian Helsinki Human Rights the Supreme Council and those involved in their commission. Union presented the report of the international ex- of the Autonomous — The term in custody for a pro-Ukrainian activist pert group on the case of February 26, 2014. That Volodymyr Balukh, has been prolonged. I shall re- was the day when a peaceful action was held under Republic of Crimea mind our readers that this is a Crimean farmer who the Crimean Parliament, at which pro-Ukrainian and the Sevastopol was not afraid to publicly speak out against the oc- and pro-Russian protesters clashed. To date, we City Council, which cupation of Crimea. Volodymyr’s position was the have 9 people, representatives of the pro-Ukrain- betrayed their own reason for his persecution and imprisonment on ian rally, who have already been punished or are state. trumped-up charges. On December 12 last year, awaiting the verdicts of the de facto Crimean human rights and civic activists sent appeals to courts. In their recommendations, experts advised the relevant state authorities, including the Pros- Ukraine, that is, its relevant authorities, to be ecutor General of Ukraine and the Prosecutor’s more effective in studying this case... Office of the Autonomous Republic of Crimea, to — Yes, the report of the experts of the Ukrainian Hel- protect the Ukrainian citizen Volodymyr Balukh. sinki Human Rights Union on the events of February What was the response of the Prosecutor’s Of- 26, 2014 by the Supreme Council of the Autonomous fice of the Autonomous Republic of Crimea? Were Republic of Crimea was useful for us. We cooperate criminal proceedings launched? with them quite fruitfully, and I should note that this — Volodymyr Balukh never concealed his civic posi- interaction will undoubtedly yield positive results. tion regarding Crimea’s belonging to Ukraine, due to I will tell you about the results of the investigation which he was constantly persecuted by the occupa- within the criminal proceedings during my office as tion regime. He deserves attention and support not Prosecutor of the Autonomous Republic of Crimea. only of Ukrainians, but also of the international com- In autumn of 2016, a special interdepartmental munity, like Mykola Semena, Oleh Sentsov, Hen- working group consisting of officers from the Pros- nadiy Afanasyev and the Hero of Ukraine Reshat ecutor’s Office, officers of the Security Service of Ametov, who was murdered. Ukraine and the National Police in the Autonomous I should note that we had started criminal proceed- Republic of Crimea, was formed. A number of opera- ings on this case on February 3, 2016, i. e. long before tional and investigative measures and investigative the appeal of the civic activists. It was initiated based actions, aimed at a genuine clarification of the events on the facts of Volodymyr Balukh’s illegal detention, of that day, as well as those that preceded them and the use of physical violence against him, numerous occurred afterwards, was identified. searches in his house and illegal arrest. The investi- Almost every day we interrogate witnesses, study gation is still ongoing. publications in the media and video materials. We — The lion’s share of the officials of the de-facto also requested information from mobile operators See p.10 for more authorities in Crimea are your former colleagues and took a number of other investigative steps. who swore allegiance to the Russian Federa- To date, prosecutors have identified 16 former law

9 #1 2017 DIRECT SPEECH

enforcement officers, who on that day provided pub- those involved in the war crime that started from lic order and attended the rally. Crimea were brought to justice? Seventy-eight former members of the Supreme Coun- — Cooperation with the Prosecutor’s Office of the cil of the Autonomous Republic of Crimea were offi- International Criminal Court takes place through cially charged, 41 indictments on high treason were the General Prosecutor’s Office of Ukraine. Thus, sent to court. Investigators of the Prosecutor’s Of- according to the Resolution of the Verkhovna Rada fice received irrefutable evidence that in March 2014 of Ukraine of 2015 “On Recognizing the Jurisdiction these deputies contributed to the occupation of Cri- of the International Criminal Court regarding the mea. In particular, they illegally adopted a number of Commission of Crimes against Humanity and War resolutions, which resulted in creation of an illegiti- Crimes, including in the territory of the Crimean mate entity, namely the Republic of Crimea. Peninsula”, the Cabinet of Ministers of Ukraine and In addition, we received evidence that the so-called the General Prosecutor’s Office of Ukraine were “Crimean Self-Defense” organizers and participants instructed to collect relevant materials and proper were involved in obstructing the peaceful rally. evidentiary basis for the appeal to the International Our goal is to conclude this year criminal proceedings Criminal Court in accordance with the provisions of against all former deputies of the Supreme Council of the Rome Statute. the Autonomous Republic of Crimea and the Sevas- Within the criminal proceedings under Article 438 topol City Council, which betrayed their own state. of the Criminal Code of Ukraine (Violation of the Within the criminal — In late January, the Prosecutor’s Office of Cri- Laws and Customs of War), an appropriate eviden- proceedings under mea announced that it had initiated an investiga- tiary basis is collected with a view to its subsequent Article 438 of the tion into forced displacement of the civilian popu- transfer to the International Criminal Court. First of Criminal Code of lation from the territory of the peninsula annexed all, we are talking about the unlawful acts committed Ukraine (Violation of the by Russia and changing the demographic situation by the occupation authorities against our citizens in Laws and Customs of in Crimea. How is the investigation going, are Crimea, provided for by the Convention on the Pro- War), an appropriate there any results already? What sources do you tection of Civilian Persons in Time of War (Geneva evidentiary basis is use? Can you prove these facts without access Convention IV, 1949). In particular, such acts con- to the territory? How are you going to determine cern: persecution by the occupation authorities for collected with a view to that this process is taking place? political or religious views, on ethnic, national or its subsequent transfer — The criminal investigation into the changing de- linguistic grounds, in connection with the conduct to the International mographic situation of the Crimean Peninsula was of professional journalistic or human rights activi- Criminal Court. First launched at the request of Mustafa Dzhemilev, a ties; facts of physical and psychological violence, of all, we are talking People’s Deputy of Ukraine. including illegal searches and detentions; violations about the unlawful In accordance with article 438 of the Criminal Code of housing, labor and other constitutional rights of acts committed by the of Ukraine (Violation of the Laws and Customs of Crimeans; creation of conditions for the forced dis- occupation authorities War), a number of crimes committed by the occupa- placement of people from the peninsula to the main- against our citizens in tion authorities against our citizens are investigated. land of Ukraine; compulsion to accept Russian citi- Crimea, provided for by We divided these crimes into 10 cases, depending on zenship and other unlawful acts in accordance with the Convention on the the specific group of unlawful acts. the Geneva Convention IV. Protection of Civilian Within the pre-trial investigation, investigators and — Do you cooperate with the Ministry of Justice in prosecutors conduct daily work to obtain evidence the preparation of claims to the European Court of Persons in Time of War. of criminal activity committed by the occupation Human Rights? Preparation of which claims were authorities, in particular interrogate witnesses, and you engaged in? request statistical and other data necessary for the — Of course, we can not be indifferent to and stay investigation from relevant institutions and organi- aloof from the processes that promote protection of zations. Ukraine’s interests in the international arena. For ex- We also created a working group, which includes ample, on the initiative of the Crimean Prosecutor’s prosecutors, experts in the field of international Office, a number of documents have been attached to criminal law and representatives of civic organiza- interstate appeals “Ukraine v. Russian Federation” tions. and “Ukraine v. Russian Federation (II)”, establish- We received very important information from inter- ing the amount of damage caused to Ukraine as a nally displaced persons from Crimea during travel- result of the temporary occupation of the Crimean ling receptions in Dnipro, Lviv, Kharkiv, Zaporizhia, Peninsula by the Russian Federation, as well as doc- Mykolaiv, Odessa and the Kherson region. umenting violations of rights of the Ukrainian citi- The work is primarily aimed at restoring justice and zens by the aggressor state, etc. These data are based, bringing to justice all those persons who contributed inter alia, on the results of the representative activity to the illegal occupation of the peninsula, as well as of the Autonomy’s Prosecutor’s Office, carried out those who continue to violate rights of our citizens after its relocation to Kyiv. I should note that our in Crimea. Prosecutor’s Office is open for further cooperation — Do you cooperate with the Prosecutor’s Of- with all state authorities in order to protect the in- fice of the International Criminal Court, so that all terests of Ukraine.

#1 2017 10 THE FIRST BLOOD OF THE WAR: Who Killed Serhiy Kokurin? On March 18, 2014 in Simferopol, Serhiy Kokurin, an ensign of the Armed Forces of Ukraine, perished defending his military unit. His name — the first on the Serhiy Kokurin, Russian list of Ukrainian soldiers killed by the Russian by ethnic origin, was aggressors — is permanently imprinted born in Simferopol. in the history of this war. He served in the 13th Photogrammetric Center of the Central Directorate of Military Topography and Attack on the Military Unit Navigation of the Main Captain Valentyn Fedun, a colleague of Serhiy Directorate of Operational Kokurin, was also on duty that day. “After dinner, Support of the Armed Forces I noticed that people began to gather in the area of Ukraine. For personal of the checkpoint. There were gunshots and shouts courage and heroism shown heard. Other observers reported by radio that we in defense of the state were being attacked and many people with weap- sovereignty and territorial ons were seen,” he later recalled. integrity of Ukraine, he was From the roof Valentyn Fedun could see that ma- posthumously awarded the chine gunners and submachine gunners had settled Order “For Courage” of the on the firing positions around the military unit. third degree. Then, according to him, Russian Special Forces in- filtrated the territory of the unit. They moved in short dashes hiding from prying eyes. “I immediately reported this to the duty officer and continued to monitor, from time to time clarifying senior lieutenant of the special subdivision of the the information,” the soldier said. “Suddenly I felt a Ministry of Internal Affairs of the Russian Federa- strong blow and fell. In the building, I realized that tion, arrived on the peninsula from the Volgograd I was shot twice.” region. Obviously, participation in both Chechen After Fedun’s wound and the death of Kokurin, the wars was not enough for him, if he, officially not be- soldiers of the topographic unit surrendered to the ing in military service, came to Simferopol, where attackers; after a while, the “militiamen” released he found his death spoiling the lie about the peace- them. ful and voluntary Crimea’s joining to Russia.

Mythical Sniper Investigation of the Crime In order to hide the traces of what had been done, Until now, it is not known for certain what hap- after all, Crimea was still in the jurisdiction of pened with the ensign Kokurin at the post. The Ukraine, and three days were left before the “refer- only thing that has already been proved: Serhiy endum”, criminals from the illegal Crimean author- Kokurin was killed by two bullets of 5.45 mm ca- ities, in particular “prosecutor” Natalia Poklon- liber. And sniper rifles use cartridges with bullets skaya, made a claim about a sniper from Lviv, who of 7.62 mm or larger caliber. Therefore, the sniper allegedly shot dead the ensign Kokurin. Such con- version is automatically refuted. The officers of fidence would have been appropriate if the sniper the cartographic center, including Kokurin, were had been arrested and interrogated. However, they armed with PM pistols, the caliber of which is 9 could not show the “caught” shooter, so soon this mm, and the shape of a bullet can not be confused mythical figure was forgotten. with any other. In that battle, one of the “green men” — Ruslan Ka- Up to now, the invaders have never tried to inves- zakov — was also shot dead. He was by no means tigate that tragic case. Full-fledged investigation “a native inhabitant of Crimea” eager for a refer- by the Ukrainian law enforcement agencies after endum on the accession of the “native” peninsula the events of March 2014 is so far impossible. How- to Russia. ever, clarifying the circumstances of the death of Unlike the inhabitant of Simferopol Kokurin, Ka- Serhiy Kokurin, who gave his life for the defense of zakov had nothing to do with Crimea. Kazakov, the the Motherland, is a matter of honor for Ukraine.

Photo: Ukrinform 11 #1 2017 POINT OF VIEW THE WORLD ABOUT CRIMEA

Rudolph GIULIANI, US state and political figure, representative of the Republican Party

— The annexation of Crimea is a violation of the basic international law. This is an illegal invasion of a sovereign state, which, unfortunately, occurred be- cause the United States and Western Europe did not react to Russia’s actions properly. That was a demonstration of our weakness. If we had acted directly and very quickly, and immediately imposed harsh sanctions, perhaps we could have changed the situation, and it would not have turned into what Putin did in the east of Ukraine. If necessary, the sanctions will be strengthened. Our ultimate goal is the re- unification of Ukraine in the same state as it had been before Russia seized Crimea. Of course, there are different ways to achieve this goal, but there can be no compromise.

Johannes HAHN, European Union Commissioner for European Neighborhood Policy and Enlargement

— The position of the European Union on the non-recognition of Crimea’s an- nexation by Russia remains unchanged, and the sanctions regime against the Russian Federation will continue until the final fulfillment of Minsk agree- ments. I want to note that the EU, as a reliable partner of Ukraine, will con- tinue to provide it with the necessary support both in countering aggression and in implementing domestic reforms.

Federica MOGHERINI, High Representative of the European Union for Foreign Affairs

— Three years on from the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, the European Union remains firmly committed to Ukraine’s sovereignty and territorial in- tegrity. The European Union reiterates that it does not recognize and contin- ues to condemn the annexation, which violates international law and remains a direct challenge to international security. Over the past year, the ongoing militarization of the peninsula has continued and the human rights situation in the Crimean peninsula has deteriorated fur- ther. The rights of the Crimean Tatars have been violated through the shutting down of Crimean Tatar media outlets, the banning of the activities of the Me- jlis, and the persecution of its leaders. Lawyers such as Emil Kurbedinov and Mykola Polozov, who defended the rights of the Crimean Tatars and did not agree with the illegal annexation of the peninsula, were presented with ground- less charges. We call for the release of the First Deputy Chairman of the Mejlis Akhtem Chiygoz and for the charges against Deputy Chairman of the Mej- lis Ilmi Umerov to be dropped. Furthermore, the European Union reiterates its call for the immediate release of Oleh Sentsov, Oleksandr Kolchenko and all those who have been illegally detained and sentenced. All pending cases of human rights violations such as enforced disappearances, torture and killings should be thoroughly investigated. Free and unrestricted access for interna- tional human rights actors to the whole territory of Ukraine, including Crimea and Sevastopol, continues to be paramount.

#1 2017 12 IMPORTANT

The German Federal Office for Migration and Refugees (BAMF) published a German textbook, where Crimea was depicted as The Polish Publishing House part of Russia. Subsequently, the press Galileos published a political map service of the Office published a statement, of Europe with Crimea within the in which it announced the decision to Russian Federation, indicating in its remove this textbook from the list of electronic version that the peninsula approved editions. is a disputed territory. After the relevant appeal of the Embassy of Ukraine in Poland, the sales of this map series were suspended, and the image was edited. PRETTY INCONVENIENT SITUATION Although the world community unanimously condemned the annexation of Crimea by Russia, sometimes it does happen that on geographical maps the peninsula is depicted as the territory of the Russian Federation. Such cartographic errors, grossly violating the norms of international law, The well-known British newspaper lead to loud international scandals. Daily Mail also made a mistake. In its publication about an explosion of a World War Two bomb in Sevastopol, Crimea was “attached” to the south- At the exhibition west of Russia. After the relevant “Astana Art Fest” in response of the Embassy of Ukraine in Kazakhstan, a globe, the UK, the publication apologized and on which the map of removed the word “Russia” Ukraine was depicted from the news. without Crimea, was installed. But the peninsula was on the map of Russia. The Ministry of Foreign Affairs of Ukraine The respected French Publishing House Larousse sent an official note of published the Atlas of the World 2016 with Crimea protest to Kazakhstan, as part of Russia. In response to a comment of after which the pictures the Embassy of Ukraine in France, the official were corrected representatives of the Publishing House said they for neutral ones. did not want to politicize this issue.

13 #1 2017 HISTORICAL HERITAGE

GENOESE FORTRESS: Test of Occupation

#1 2017 14 Genoese Fortress is a fortification complex, located in the Crimean city of Sudak, n 1958–2014, the complex “Genoese Fo- on the Krepostnaya Gora (Fortress’s Mountain), the height of which is 157 meters. rtress” was part of the National Sanctua- It was built by the Genoese between the 1370s and the 1460s as a stronghold of the ry “Sophia of Kyiv”. Scientific work was colony. constantly in full swing on its territory: In a long time of the fortress city existence, a considerable list of kingdoms, Iarchaeological excavations, studies and con- principalities, khanates and tribes that sought to conquer it arose. They are no longer ferences were held. However, after the anne- in the world: not a single autocrat considering himself the ruler of the Universe, xation of Crimea by the Russian Federation, not a single warrior trying to seize these walls. Time has swallowed up them all. existence of this unique historical monument But the Fortress is still there… is under threat. In 2007, the Genoese Fortress in Sudak was submitted for consideration In 2014, the occupation authorities of Crimea of UNESCO as a candidate for inclusion in the list of World Heritage Sites. created the so-called State Budgetary Insti- Unfortunately, the final decision on this issue has not been made so far. tution of the Republic of Crimea “Sudak For- tress”. The change of name led to the change in its status. Note the difference between the “National Sanctuary” and the provincial “Budgetary Institution”. Due to financial problems, in particular the catastrophic situ- ation in agriculture and resort industry as the main spheres of the economy of Crimea, and the excessive militarization of the penin- sula, the ancient fortress is transformed from a historical monument into a typical tourist object. Crowds of tourists and lack of proper care can cause destruction of the majestic citadel. Therefore, the question whether the medieval walls will hold out against the in- vasion of the barbarians of the 21st century remains open.

Photo: Ukrinform 15 #1 2017 CRIMEA: 6 questions for Ukrainians The Ministry of Information Policy of Ukraine has prepared an analytical report on Crimea based on the data of a public opinion survey of Ukraine’s residents. The results of the research have shown that the overwhelming majority of the Ukrainians surveyed consider the peninsula to be occupied and would like to see it as part of Ukraine in the future. Most of the respondents have admitted that they do not support radical actions with regard to the occupied Crimea, such as, for example, trade and energy blockades or the cessation of water supply. At the same time, the majority is in favor of facilitating communication between the Crimeans and mainland Ukraine, in particular of the resumption of transport links and access to medical services.

ARE YOU READY WOULD YOU LIKE CRIMEA WHERE DO YOU GET TO SUPPORT THE RESUMPTION TO BECOME PART INFORMATION OF FINANCIAL SUBSIDIES OF UKRAINE AGAIN? ABOUT CRIMEA? FOR CRIMEA FROM THE STATE 86 % 83 % BUDGET IN CASE OF ITS RETURN Yes, Ukrainian TO UKRAINE? absolutely television

Discussions with Yes, 55 % 62 % acquaintances, 29 % Most likely, definitely / colleagues, I would like to Rather yes, friends and than no relatives It doesn’t 25 % Ukrainian 25 % interest me / Crimea must information Difficult independently 34 % sites solve its to say financial 5 % Social 24 % problems / I definitely would networks Rather no not like on the Internet

WOULD YOU SUPPORT THE FOLLOWING STATE ACTIONS AIMED AT THE REINTEGRATION OF CRIMEA’S RESIDENTS INTO THE UKRAINIAN SPACE?

PROVIDING CRIMEA’S TRAINING IN SIMPLIFYING RESIDENTS WITH FACILITATING UKRAINIAN THE PROCEDURE OPPORTUNITIES THE ACCESS TO UNIVERSITIES ON FOR CROSSING RESUMPTION TO RECEIVE MEDICAL SERVICES PREFERENTIAL THE DEMARCATION OF TRANSPORT ADMINISTRATIVE FOR CRIMEA’S TERMS LINE LINKS SERVICES RESIDENTS I support it I support it I support it I support it I support it 44 % 58 % 66 % 56 % 55 % I don’t support it I don’t support it I don’t support it I don’t support it I don’t support it 26 % 16 % 13 % 14 % 16 %

HOW, IN YOUR OPINION, DID THE ANNEXATION HOW DO YOU FEEL ABOUT THE FOLLOWING ACTIONS OF CRIMEA AFFECT THE CRIMEAN TATARS? IN RESPECT OF CRIMEA?

TRADE BLOCKADE They suffered from the 45 % I support it I don’t support it occupation more than other Crimeans, they are oppressed by ethnicity 30 % 49 %

Some Crimean Tatars 34 % ENERGY BLOCKADE suffered, but most feel I support it I don’t support it no worse than the rest of Crimea’s residents 6 % 31 % 49 % Crimean Tatars suffered less than other Crimeans CESSATION OF WATER SUPPLY 15 % I support it I don’t support it Difficult to say / I don’t know 29 % 50 %