VioleNt Crimes Committed During the Armed Conflict in Eastern between 2014–2018

Kharkiv Human Rights Publisher 2018 УДК 355.012АТО(477)’’2014/2018’’(047)=111 Н31 The list of abbreviations

This report was prepared with financial support of

AI — ; MTOT — Ministry of Temporarily Occupied Terri- tories and Internally Displaced Persons; ATO — Anti-Terrorist Operation; NGO — Non-Governmental Organization CC — Criminal Code of Ukraine;

NPU — National Police of Ukraine; CMA — Civil-Military Administration; OTDLR — Occupied Territories of and Lu- СMPO — Chief Military Prosecutor’s Office; hansk Regions; СP — Checkpoint; OSCE — Organization for Security and Coopera- CPC — Criminal Procedural Code; tion in Europe; EXCP — Entry-Exit Checkpoint; PLWHA — People Living with HIV/AIDS; DSA — District State Administration; RSA — Regional State Administration; RS — Rome Statute; ECHR — European Convention on Human Rights; Yuriy Aseev, Volodymyr Hlushchenko, Boris Knyrov, Natalia Okhotnikova, Anna Ovdiienko, LNR — the self-proclaimed “ People’s ECtHR — European Court of Human Rights; Olena Richko, Gennady Shcherbak, Pavlo Shvab, Yanina Smelyanska, Igor Sosonsky, Republic”; Gennadiy Tokarev, Martha Vovk, Anastasia Yegorova, Yevgeniy Zakharov GC — Geneva Convention(s) of 12 August 1949; DNR — the self-proclaimed “Donetsk People’s Н31 Violent Crimes Committed During the Armed Conflict in Eastern Ukraine between 2014–2018 / HRMM — UN Human Rights Monitoring Mission Republic”; compiler Yevgeniy Zakharov; CO “ Human Rights Protection Group”, CO “Shore of Peace”. — in Ukraine; Kharkiv: LLB “Human Rights Publisher”, 2018. — 112 p. SLC — Strategic Litigation Center; HRW — Human Rights Watch; ISBN 978-617-7391-38-7 SMM — Special Monitoring Mission; ICC — International Criminal Court; Kharkiv Human Rights Protection Group and «Shore of Peace», non-governmental nonprofit human rights organizations, SP — NGO “Shore of Peace”; present to the reader a report containing various information about violent criminal acts committed during the military con- IDP — Internally Displaced Persons; SSU — Security Service of Ukraine; flict in eastern Ukraine between 2014–2018. The authors perceive in these acts the signs of numerous crimes against humanity and war crimes in accordance with IAF — Illegal Armed Formations;1 UAF — Ukrainian Armed Forces; the Rome Statute of the International Criminal Court. KHPG — Kharkiv Human Rights Protection Group; UHHRU — Ukrainian Helsinki Human Rights This report was prepared by Kharkiv Human Rights Protection Group with the support of the United Nations Union; Development Program (UNDP) and the financial support of the Ministry of Foreign Affairs of Denmark, National Endowment LGB — Local Government Body; for Democracy, International Renaissance Foundation. UNSDC — Ukraine’s National Security and De- LAF — Legal Armed Formations;2 The views, expressed in this publication, are those of the authors and may not coincide with the official position of the UNDP, fense Council; Ministry of Foreign Affairs of Denmark, National Endowment for Democracy, International Renaissance Foundation. MD — Ministry of Defense of Ukraine; URPTI — Unified Register of Pre-Trial Investiga- УДК 355.012АТО(477)’’2014/2018’’(047)=111 MI — Ministry of Interior of Ukraine; tions; © Yuriy Aseev, Volodymyr Hlushchenko, VRU — of Ukraine. Boris Knyrov, Natalia Okhotnikova, MLRS — Multiple Launch Rocket System; Anna Ovdiienko, Olena Richko, Gennady Shcherbak, Pavlo Shvab, 1 Yanina Smelyanska, Igor Sosonsky, “Illegal armed formations” is a cumulative term that Gennadiy Tokarev, Martha Vovk, signifies the pro-Russian separatist (anti-government) Anastasia Yegorova, Yevgeniy Zakharov groups operating in eastern Ukraine. © Yevgeniy Zakharov, compiled, 2018 2 “Lawful armed formations” is a cumulative term that © CO “Kharkiv Human Rights Protection Group”, 2018 signifies the Ukrainian armed forces and law enforce- © CO “Shore of Peace”, 2018 ment agencies (e. g. National police, National Guard, ISBN 978-617-7391-38-7 © Oleg Miroshnychenko, design, 2018 Security service, etc.).

2 THE LIST OF ABBREVIATIONS 3 1. Summary 2. Introduction

wo Ukrainian non-governmental nonprofit human 1) Murder (extrajudicial killings, torturing to HPG and SP provide information on the crimes and unlawful . SP documentators Trights organizations, the Kharkiv Human Rights death, killings of civilians as a result of iso- Kcommitted in the context of the armed conflict in have already carried out 72 trips for interrogation of Protection Group (KHPG) and the Shore of Peace (SP), lated attacks); eastern Ukraine between 2014–2018, calling upon victims and witnesses who were held in captivity by present the report, which contains information about 2) Attacks on the civilians and the destruction of the Prosecutor of the ICC to open an investigation the LNR and DNR authorities. SP created its own da- the alleged crimes committed during the armed con- civilian objects (intentional attacks, indiscri­ into the situation of Ukraine. This is the first joint tabase, which is one of the most comprehensive and flict in eastern Ukraine between 2014–2018. minate attacks, deaths as the result of explo- communication to the Office of the Prosecutor pre- accurate in Ukraine in relation to the documented KHPG and SP find that the crimes enumerated in sions — mines, trip wire etc., the destruction pared by the two organizations. crimes that have been committed on the territory of and damage of buildings and infrastructure); this report constitute crimes against humanity and war KHPG was registered in 1992 and has acted as a eastern Ukraine since the beginning of the conflict. 3) Willfully causing great suffering, or serious crimes within the jurisdiction of the ICC. There are rea- human rights group of the Kharkiv Association ‘Me- As of September 1, 2018, the database contains in- injury to body or health; sonable grounds to believe that these crimes qualify­ morial’ since 1989. KHPG’s work focuses on (1) up- formation on more than 19,000 people — , 4) Extensive destruction and appropriation of as crimes against humanity under articles 7 (1) (a), (e), holding and protecting the rights of individuals missing persons, dead and injured in hostilities and property, not justified by military necessity, (f), (g), (h) and (i); and as war crimes under Article 8(2) who suffered human rights violations, handling up in captivity; victims of torture and unlawful deten- and carried out unlawfully and wantonly; (a) (i), (ii), (iii), (iv), (vi), (b) (i). (ii), (iv), (v), (ix), (xxi), 5) Use of protected persons as «human shields»; to 3,000 written submissions on the annual basis, tion; witnesses to crime(s); and suspects of crimes (xxii), (xxiii), (c) (i), (ii), (e) (i), (ii), (iv) and (vi) of the RS. 6) Imprisonment or other severe deprivation of (2) keeping the Ukrainian government and society (members of IAF). SP communicated information The report includes information on all the crimes physical liberty in the unlawful places of de- informed about the human rights violations, (3) an- contained in its database to the national authorities which is supported by the evidence available to tention (separately in relation to military per- alyzing Ukraine’s compliance with human rights of Ukraine — Chief Military Prosecutor’s Office, Gen- KHPG and SP. sonnel and civilians); and fundamental freedoms. KHPG strives to im- eral Prosecutor’s Office, National Police of Ukraine, Section 2 (Introduction) provides a brief overview 7) Torture and inhuman treatment (separately in prove the human rights situation in Ukraine, in par- the Security Service of Ukraine in the Volyn region, of the work of KHPG and SP, and expresses gratitude relation military personnel and civilian); ticular with respect to the protection of the right to and numerous public organizations. SP members to the international donor organizations that sup- 8) Sexual and gender based violence; life, prohibition of torture, prohibition of arbitrary provide legal advice to the victims of crimes and ported our efforts, as well as to the partner organiza- 9) Outrages upon personal dignity (parades of , freedom of expression, the right to priva- family members of servicemen who were killed or tions that participated in the collection of evidence. captives, forcing detainees to eat insignia cy, the human rights of marginalized groups, such injured, represent their interests and litigate in Section 3 (Methodology) describes methodology of their military uniforms, forcing detainees as prisoners, PLWHA, drug addicts, asylum seekers cases heard in national courts. The organization is that has been used in preparation of this report, in to reinter decomposed corpses of Ukrainian and others. KHPG’s Strategic Litigation Center (SLC) headquartered in Lutsk. particular: (1) SP and KHPG databases; (2) methodo­ military servicemen, etc.). established in 2003, is handling up to 200 strate- The report was authored by the staff members logy of the monitoring visits to the areas located on The report also lists crimes that require more de- gic cases per year both in the national courts and of KHPG, namely Yuriy Aseev, Volodymyr Hlush- the territory controlled by the Ukrainian government; tailed consideration in separate prospective reports the ECtHR. The Center’s lawyers won more than 120 chenko, Anna Ovdiienko, Natalia Okhotnikova, Ole- to the ICC Office of The Prosecutor, such as enforced (3) interviews with the victims of crimes; (4) metho­ cases in the ECHR with respect to the violations, na Richko, Pavlo Shvab, Yanina Smelyanska, Igor disappearances; persecution against an identifi- dology underlying the process of collecting, verifying inter alia, under Articles 2, 3, 5, 6, 8, 13 of the ECHR. Sosonsky, Gennadiy Tokarev, Anastasia Yegorova, able group on discriminatory grounds (Roma, mem- and consolidating information about the territory con- More than 400 cases are pending determination by Yevgeniy Zakharov, together with staff members of bers of the LGBTI community, religious believers trolled by the Ukrainian government; and (5) metho­ the ECtHR, including more than half of them with SP, namely, Boris Knyrov, Gennady Shcherbak, and who do not recognize by the Moscow Patriarchate); dology underlying the process collecting, verifying respect to the crimes committed during the armed Martha Vovk. crimes committed against convicts/prisoners in the and consolidating information about OTDLR. OTDLR (willfully depriving protected persons of the conflict in eastern Ukraine. In 2016–2018, KHPG car- KHPG and SP express their sincere gratitude to Section 4 (Facts) briefly outlines the timeline of the right to a fair trial, violations of article 3 common ried out 46 monitoring missions to the residential the international and national donor organizations armed conflict in eastern Ukraine. It provides general to the four Geneva Conventions of 12 August 1949). areas along the line of contact with the purpose of that supported our efforts in collecting and docu- information about the context, in which the crimes Section 6 (Ineffectiveness of the Investigation of gathering information about these crimes. menting information on crimes in eastern Ukraine, have taken place, as well as demonstrates both wide- Crimes) refers to the inability and unwilling of the SP was established in 2014 by a migrant from and preparing this report, in particular, the Office of spread and systematic nature of those crimes. State to investigate the committed crimes). Lugansk, Gennadiy Shcherbak, for the purposes of the United Nations High Commissioner for Human Section 5 (Alleged Crimes) includes information Section 7 (Conclusion) summarizes the report monitoring and documenting such crimes as extra- Rights, the United Nations Development Program about the following crimes: and draws conclusions. judicial killings, enforced disappearances, torture, in Ukraine, the International Foundation ‘Renais-

4 SUMMARY INTRODUCTION 5 sance’, the National Democracy Foundation (USA), tion of Constitutional Rights and Freedoms, ‘Don- the US Embassy’s Democracy Promotion Fund in bass SOS’ on various aspects of information gath- Ukraine, and International Human Rights Organiza- ering. We extend thanks to our colleagues for the tion ‘Frontline Defenders’. fruitful cooperation. 3. Methodology KHPG and SP collaborated with the members of We would like to express our special thanks to the Coalition “Justice for Peace in the Donbass” — Dr. Iryna Marchuk, associate professor at the Uni- UHHRU, Luhansk Regional Center for Human Rights versity of Copenhagen, for her valuable advice and ‘Alternative’, the Public Committee for the Protec- consultations. 3.1. Sources government in Donetsk and Luhansk regions. We re- quested to provide information on (1) the number The sources of information that were used in of dead and injured civilians in hostilities in 2014– preparation of this report are as follows: 2015; (2) the date, place, causes and surrounding a) Daily official reports on the situation in the circumstances of deaths and injuries, etc., (3) the area of hostilities, human casualties, the ex- extent of damage and destruction of the buildings tent of destruction, etc.; reports from other and infrastructure objects (social, communal, edu- information resources, including the local cational, medical, industrial etc.) within the ter- ones, about the conduct of hostilities; ritory of the administrative areas of LGB, some of b) Daily reports of the SMM OSCE, HRMM, re- which have been restored; sources and the amount ports of international and national human of financing; (4) information on whether communal rights organizations, such as AI, HRW, Human institutions or other buildings were used for the Rights Center “Memorial”, UHHRU and other deployment of the units of UAF, and whether finan- human rights organizations in Ukraine; cial and organizational matters were settled in such c) Official replies to information requests ob- cases; (5) whether the damages were restored; spe- tained in accordance with the Law of Ukraine cifics on the degree of the damages to land, roads, “On Access to Public Information”, which bridges etc. In addition, the official requests sought were sent to the police and national authori- information on other widespread human rights vio- ties on the territory under the control of the lations — extrajudicial killings, torture and inhu- government in eastern Ukraine; man treatment, enforced disappearances, unlawful d) Monitoring trips to Donetsk and Luhansk re- imprisonment, appropriation of property without gions to the areas under the control of the a court order, etc., committed by the group mem- for the purposes of bers of the DNR/LNR and/or Ukrainian authorities, verifying and following up on the official re- including the Ukrainian armed forces, SSU, the plies received in response to information re- Ministry of Internal Affairs, the National Guard, and quests; interviewing victims and witnesses of the volunteer battalions. In general, around half of human rights violations; and collecting photo LGB(s) and authorities responded. Regrettably, not and video evidence; all replies were informative enough. e) Relevant information channels that regularly For the second time, KHPG submitted informa- publish information on the situation in the tion requests to LGB located along the line of contact zone of the armed conflict; and the respective authorities in these territories in f) Information provided by informants residing November 2017. When forming the list of LGB(s), to in OTDLR; which information requests were addressed, KHPG g) Materials of cases initiated by KHPG’s SLC as included (1) LGB(s) on territories that either directly the result of the human rights violations in bordered with the line of contact, or were located the conflict zone; in a strip of width not more than 25 km from line h) SP and KHPG databases. of contact and fell into the shelling zone by heavy In 2016, KHPG authored and submitted 322 in- weapons, or (2) LGB(s) that for some time have been formation requests to local municipalities and re- under the control of IAF. There was compiled a list gional authorities on the territory controlled by the of 102 LGB(s), district and regional administrations

6 INTRODUCTION METHODOLOGY 7 and councils that covered 93 populated areas along The KHPG database is a relational database on 3.2. Methodology underlying Monitoring trips to the most affected conflict -ar the line of contact. Not all addressees of informa- civilian casualties and the destruction of residen- collection of evidence eas (, , , Mari- tion requests responded. KHPG received only 64 of- tial buildings and infrastructure, which is based inka, , , , etc.) were during monitoring trips ficial replies. on MySQL as the standard user and application repeated as many times as necessary to record all In February 2018, 61 information requests were programming interface. The software based the The purpose of monitoring visits is to collect and the spectrum of human rights violations and con- prepared and sent to the schools located along MySQL interface allows to verify the correctness of verify previously received information on human duct interviews with victims. It is worth mentioning the line of contact. 28 requests were sent to medi- spelling of the addresses of residential buildings; rights violations, provide legal advice to the af- that some victims did not immediately agree to give cal institutions in Donetsk and Lugansk regions. to establish repetitions of the same episodes; and fected population, conduct photo-, video-shooting testimony and were only convinced to give evidence Further 16 requests were sent to the city and dis- to protect personal data through automatic coding of the destroyed buildings and infrastructure, and on the second or third arrival of the monitoring trict departments of NPU, as well as 18 requests to and storage of information in the database in the conduct interviews with the victims of crimes and group, when they realized that the purpose of those trips was to address their situation. the regional prosecutor’s offices of Donetsk and encrypted form. Only by entering the access key, other residents in the affected areas. As a general These are major outcomes of the KHPG 46 moni- Lugansk regions. In July 2018, requests were sent personal data is decoded and therefore can be rule, each monitoring group comprises of 3–4 per- toring visits in 2016–2018 and the SP 734 visits in to the main departments of NPU in the Donetsk and processed. The software enables to filter episodes sons, at least one of them being a lawyer. The trip 2014–2018 to the 92 areas located in the zone of Luhansk regions, as well as to the Donetsk and Lu- based on the time period, location and the type of normally lasts trips for a week, during which sev- hostilities in 2014–2015: hansk Region CMA. incident, as well as in the combination of any of eral sites are visited. Having previously received 1) 734 witnesses, victims and their family rela- In 2018, in order to investigate the extent of mis­ those search filters. It also allows generating re- an official reply to the information request, the tives along the line of contact were inter- sing persons who were abducted, or taken , ports that display summary information in tabu- group verified the information received during the viewed, and find out about pre-trial investigation of those lar form (division of episodes based on the time follow-up interview. If no official replied had been 2) approximately 700 locations of shelling and criminal offenses, MB sent requests to the Luhansk period, location, sustained casualties/incurred received, the group attempted to collect informa- explosions were recorded, and Donetsk regional departments of NPU, the damage and the type of incident) and in graphi- tion from other sources i. e. setting up meetings in 3) 1,100 videos and thousands of photographs General Prosecutor’s Office inquiring about (1) the cal form — as maps generated via GoogleMaps. advance with the already known victims of human were recorded (some were collected on In- number of registered applications from citizens; As of September 1, 2018, the database contains rights violations. The group also examined whether ternet), (2) the number of criminal proceedings initiated data about 3,144 dead and 3,350 injured civilians; the affected population had access to public utili- 4) 542 procedural documents were obtained under Articles 115 (“Murder”, with an additional 20,001 destroyed and damaged buildings and ties, medical care, food, as well as looked into the and authored, mark in the URPTI “Missing”), 146 (“Illegal depriva- 2,502 infrastructure objects. living conditions of IDPs residing in certain areas, 5) 219 questionnaires were filled out, document- tion of liberty or abduction of a person”), 147 (“Cap- SP DB is a relational database containing in- etc. Following the trip, proactive actions were taken ing killings, executions, missing persons and ture of ”) of the Criminal Code, committed formation collected by SP about victims of crimes to improve the human rights situation. injured military personnel and civilians, by IAF as well as LAF; (3) the number of victims of committed during hostilities or in captivity and As for shelling incidents, the monitoring groups 6) 47 questionnaires were completed with the crimes; (4) completed criminal proceedings and the alleged perpetrators of those crimes. The main attempted to establish from which side the shelling residents of the areas located in proximity to sent to the court with a conviction. In addition, in- source of information are petitions of family mem- began, to identify the type of weapon used, to es- the line of contact; and formation requests were submitted to the territorial bers of the victims who were captured and went timate the extent of the destruction; to establish a 7) 103 questionnaires with respect to the places departments of the State Judicial Administration of missing, collected during 72 monitoring visits, as number of victims and subsequently identify them of detentions in OTDLR were completed. Luhansk and Donetsk regions regarding the num- well as information received from authorities, pub- (if possible); to establish the date, location and ber of sentences passed in the specified categories lic organizations, and open information resources. cause of death/injury (artillery fire, small arms, of cases for the period from 01/01/2014 until the Each episode is linked to documents, interviews, mines, trip wires, etc.); to search for family relatives second quarter of 2018. Unfortunately, the answers relevant photos and videos, and is automatically of the victims, and (if possible) to conduct with them 3.3. Methodology underlying received from law enforcement agencies were in- cross-linked to other episodes that contain the follow-up interviews and questionnaires. complete; moreover, some questions remained un- same individuals and/or other data. The soft- Following each monitoring trip, the group pre- the process of collecting, answered. The addressees of information requests ware enables to perform a variety of searches pared the report outlining its results, specifying verifying and consolidating denied access to information justifying it by the ab- and extract information from the database by us- the areas visited, the number of communications in information on the territories sence of an approved form of reporting that would ing aforementioned filtering criteria. As of July 1, each area, the issues the members of the monitor- under the control allow for disclosure of the requested information. 2018, the database contains information on 8,531 ing group were consulted on, the number of com- of the Ukrainian government Such actions constitute a serious breach of the pro- combatants affiliated with UAF, 3,586 combatants pleted questionnaires, an overview of possible cedure ensuring the right to access information laid affiliated with IAF, and 8,216 civilians, including strategic cases to be taken to the courts, as well as The data, which was obtained by KHPG and SP in down in the Law of Ukraine “On Access to Public 7,972 dead, on 1,572 injured and 1,297 missing attaching relevant digital evidence (photo, audio the information requests provided by the authorities Information”. persons. and video footage) obtained during the trip. and LGB, was compared and cross-checked during

8 METHODOLOGY METHODOLOGY 9 monitoring trips when conducting interviews with http://poisk.derzhava.today/pogibshie/list victims, their family members and other residents http://map.ombudsmandnr.ru/ of the affected areas using the questionnaires. https://nekropole.info/ru/person/list?catego Information obtained through the information ry_id=319 4. Facts requests, as well as collected during monitoring https://docs.google.com/spreadsheets/d/ trips and received from other sources, was included txrvxU5367rsISXchEHnLGQ/htmlview in the SP and KHRG databases. This enabled to con- http://crimes.dnr-online.ru/ solidate information on widespread human rights http://www.novorossia.org/novoross/7134- 4.1. The timeline of events Ukraine. In a number of towns, over 30 buildings violations, to obtain statistical information from spisok-pogibshih-svyaschennikov-i-razrushen- in eastern Ukraine of the Ukrainian national authorities were seized, a variety of sources concerning the victims and the nyh-hramov-novorossii.html such as the buildings of local and regional councils alleged perpetrators (i. e. types of crimes, , time, lo- http://rigort.livejournal.com/1030769.html The armed conflict in Donetsk and Luhansk re- and state administration, the departments of MIA, cation, and the manner in which the crime had been 3 http://od-novorossia.livejournal.com/tag/%D0 gions unfolded at the backdrop of the events that SSU etc. The eyewitnesses noted the presence of committed etc.). %BF%D0%B0%D0%BC%D1%8F%D1%82%D1%8C took place in February 2014 in . The report briefly the armed groups without insignia. There were calls The residential areas along the line of are admi­ http://forum-novorossia.ru/index.php/topic/ outlines the timeline of events that are relevant to the to mobilize and seize power. New internet media nistratively linked to seven districts — Stanichno- 273-memorial-pogibshikh-opolchentcev-novorossii/ escalation of the armed conflict in eastern Ukraine. outlets emerged that provided daily distorted “pic- Luhansky, Popasniansky, Novoaydyrsky, Mariinsky, http://gruz200.zzz.com.ua/ For the purposes of mapping the timeline of ture” of the events in the region. The project “Rus- Volnovasky, Bakhmutsky, Yasinuvatsky, as well as 4 and others. the conflict in eastern Ukraine, information was sian Spring” was initiated. the cities of Avdiivka and . Information on In addition, KHRG relied upon the following collected on hostilities in Donetsk and Luhansk In April 2014, the Ukrainian government stated that the recorded human rights violations in each district sources of information: regions during the period between April 2014 and several areas in Donetsk and Luhansk regions were is presented in a separate report in accordance with 1) testimony with the prisoners of war and civi­ May 2018; as well as the maps were generated to taken under control by the armed individuals whose a geographical location. Special attention has been lians taken as hostages who were released mark the territories on which hostilities took place work was coordinated by the Russian special services. paid to the crimes, which form part of this report to from captivity by the IAF through exchange or in 2014–2015. These territories include: all districts The territories over which the Ukrainian government the ICC Office of the Prosecutor. As of September 1, otherwise; in Donetsk region, with the exception of Velikono- lost its control as of April 2014 included Donetsk, Mari- 2018, two separate reports were prepared for the 2) direct communication with OTDLR by e-mail vosilkivskiy, Dobropilya, Mangush, , Olex- upol, Kurakhovo, Avdiivka, Kostyantynivka, , Stanichno-Lugansky and Popasniansky, which are and other means of communication seeking andrivka, Pokrovsk, as well as except the towns , , Lyman, Severodonetsk, Lisi- respectively included as appendices to this report. assistance; of regional subordination Mirnograd, Vugledar, chansk, Pervomaysk, , Luhansk, Sverdlovsk, 3) information provided by individuals who re- Novogrodivka, Selidove, Pokrovsk; all districts in Rovenki, Krasniy Luch, as well as other populated side in the occupied territories about human Luhansk region, with the exception of , Bi- areas within the perimeter of the map. rights violations committed in their residen- lokurakyne, Bilovodskiy, Milovskiy, Markivskiy, 3.4. Methodology underlying tial areas. , Svativskiy and Kremine. the process of collecting, KHPG and MB employees cross-checked the verifying and consolidating data published in the Internet or received by oth- information about OTDLR er means, searched the data on the social media March — May 2014 pages, in order to make an objective and credible In March 2014, protest groups were formed from For the purposes of collecting data on human assessment of the data with respect to the victims the local population in some cities of Donetsk and rights violations in the occupied territories, KHRG of human rights violations, witnesses and per­ Luhansk regions, which were inspired by the “Anti- relied upon the following Internet resources: petrators. maydan” anti-government movement. The protests were coordinated by a number of persons who were “Russian Spring” rally backed by several Russian politicians. The part of local population in those areas disagreed with the 3 “The seizure of the prosecutor’s office in the Donetsk removal of the former President Viktor Yanukovych region prompted the initiation of the criminal investiga- tion”, Sudovo-yurydychna hazeta(online), 12 April 2014, from his office. As a result, secessionist movements . view of declaring independence from Ukraine. Ac- 4 «На Украине позорятся на весь мир» [Ukraine is tive steps were undertaken to hold a referendum shame to the world], Ruskaia vesna (online), on secession of Donetsk and Luhansk regions from .

10 METHODOLOGY FACTS 11 As of April 2014, the border control was carried suburbs of Stanitsa Luhanska and Izvarine. There also including other populated areas within the pe- KHPG), most of them — in Sloviansk, Mykolaivka, out by the border service in the regular regime. were documented the first cases of mass killings of rimeter of the map. Stanitsa Luhanska, Metalist and Luhansk). On 14 April 2014, NSDCU officially declared the civilians and military personnel in Donetsk, Karlivka Also, in May 2014, there was serious fighting On 3 June 2014, the town of Liman was taken beginning of the anti-terrorist operation.5 and Olginka. On 9 May 2014, the armed groups took taken place in the suburbs of Sloviansk and Krama- under the control of Ukrainian forces.9 On 13 and In April 2014, the administration of ATO adopts over the city department of MIA in Mariupol. There torsk, with no fewer than 7 civilians died. 14 June 2014, the towns of Mariupol10 and Schyastya the decision to allocate the armed divisions of UAF was the exchange of fire in the entire city, which led The territories controlled by IAF in Donetsk re- were taken under control11. and MIA in the vicinity of Sloviansk, Kramatorsk to the death of 7 civilians and 6 members of the law gion as of May 2014 encompassed no less then Intense hostilities took place on the territo- 7 and Mariupol. In the end of the April, the armed enforcement agencies . 13,500 square kilometers (out of 26,500 km2 of the ries of Sloviansk, Semenivka, Bylbasivka, Krama- hostilities began on such territories as Semenivka, Following the takeover of the state department total area of the region), with the population of no torsk, Yasnohirka, Donetsk, Olenivka, Mariupol, Bylbasivka, Donetsk, Sloviansk, Kramatorsk and of MIA in Mariupol, the ATO management decided less than 3,9 million people. In Luhansk region, Schyastya, Stanitsa Luhanska, Metalist, Kambrod Mariupol. The armed divisions were blocked from to order all forces to leave the city. Mariupol was re- the areas controlled by IAF covered no less than (Luhansk), Stukalova Balka, Verhunka, Tryokhiz- entering the towns within the perimeter of “Russian captured and turned back under the control of the 11,000 km2 (out of 26,7 thousand km2 of the total benka (suburbs), , , Li- Ukrainian Government on 13 June 2014.8 Spring”. The relocation of the UAF divisions along- area of the region), with the population of no less man, Yampol and Izvarine. In May 2014, the parties to the conflict attempted side the routes of Donetsk and Luhansk regions was than 1,6 million people. As of June 2014, the communication became to take control over the main transport infrastructure blocked by the religious believers and the support- There were incidents of the attacks of the armed much more difficult with the Ukrainian border units of the regions, such as railroad, overpasses, bridges, ers of “Russian Spring”. The heightened presence groups of the supporters of “Russian spring” on the and UAF, which controlled the border between of “tourists” from RF was observed. Bus columns and strategically advantageous high grounds. Ukrainian border units. The use of barrel artillery Ukraine and Russia in the area between Izvarine and with organized groups onboard crossed into the Then the Ukrainian government together with was not documented in May 2014. Dolzhanske. In order to unblock the border units, border of Ukraine. Non-locals participated in the the ATO management began consolidating its forces the ATO management decided to allocate the armed mass disturbances, maintaining blockade of na- to the north of the line that goes from Krasna Talivka divisions for strengthening of the Luhansk region tional authorities in Donetsk and Luhansk regions. in Luhansk region bordering with Russia, through along the line Dokuchayevsk — — Am- There are documented single cases of the ex- the populated areas of Novoaydar, , and vrosiivka — Marynivka — Dmytrivka — Dyakove — change of fire in the residential areas of Donetsk, further in Donetsk region — Drobyscheve, Sviato- Zelenopilya — Biryukove — Panchenkove. In doing Luhansk and Sloviansk. There are reported inci- hirsk, Dolyna, Novomykolaivka, Olexandrivka, Do- so, they attempted to take under their control the dents of the injuries of civilians on the highways. bropilya, Krasnoarmiysk (Pokrovsk), Kurakhovo and border from Marinivka through Dovzhanskiy to Iz- In May 2014, the geographical scope of hostilities Volnovakha. varine. As of 31 June 2014, the points of crossing of extended significantly. Serious fighting erupted be- The provisional border of control over the territo- the state border “Izvarine” and “Dovzhanskiy” were tween the battalions of UAF and MIA in the residential ries of Donetsk and Luhansk regions by IAF stretched fully controlled by IAF of the self-proclaimed LPR.12 areas of Sloviansk, Semenivka, Bylbasivka, Krama- from the border with Russia in Luhansk region from torsk, Yasnohirka, Liman, Rubizhne and Mariupol. the town of Chervonopartizansk through Sverd- 9 lovsk, Rovenki, Antracite, Krasniy Luch, , To- Customs control zone vicinity near Izvarine «3 июня 2014 года. Первая успешная наступательная The exchange of fire in Krasnoarmiysk (Pokrovsk) on операция сил АТО» [3 June 2014. The first successful at- 11 May 2014 claimed the lives of two civilians6. rez¸ , , Ilovaysk, , Larine, tack of the ATO forces] ЦензорНЕТ (online), 04 June 2016, On 25 May 2014, 2 civilians died and 3 were in- Olexandrivka, Maryinka, Donetsk, Avdiivka, Kosty-

12 FACTS FACTS 13 The transfer of the armed divisions of UAF was car- divisions were allocated to the suburbs of Chervo- July — (Dzerzhinsk);17 on 22 July — Svitlo- datne — Velyke Mishkovo — Manuyilivka — “Donetsk ried out along the local border road, — nopartizansk (checkpoint “Chervonopartizansk”, darsk, Popasna, Severodonetsk;18 on 24 July — Lisi- ridge” park — Pervomayskiy — Peremoha — Brazhine — Tarany — Marinivka — Dyakove, leaving the uncont­ Biryukove) in order to strengthen the border con- chansk; on 28 July — Avdiivka; and on 29 July — De- Girnytske — Miusinsk — Esaulivka — Nizhniy Nahol- rolled territories in the north. The divisions of UAF trol. The checkpoint “Izvarine” () in late baltseve19. chik — Yegorivka — Grybuvakha — Naholno — Tara- were mostly located in the countryside, while IAF ad- June came under the full control of IAF. The part of On 15–19 July 2014, UAF had already been in sivka — Kalininskiy — Panchenkove. vanced towards close to the line of city agglo­meration the border between CP Izvarine and to the north to control of Donetskiy, Sentyanivka, Zlovianoserbsk, The entire territory to the south of that line was Sverdlovsk — Rovenki — Antracite — Snizhne — CP “Krasna Talivka” was not controlled by the Ukrai- Zymohirya and Rodakove. under the control of LAF. Shakhtarsk — Kharcizsk — Mospyne — Donetsk (the nian armed forces anymore (no representatives of On 20–28 July 2014, UAF took under the con- On 16 July, the UAF lost its control over the vil- southern line of control of the self-proclaimed DPR). any of the conflict parties were present on the bor- trol Olexandrivsk, Bile, Georgiivka, Lutuhine, Bi- lages of Marinivka, Uspenka, Tarany (the line of the der stretch between Stanitsa Luhanska and Krasna The Ukrainian armed forces had to block five lorichenskiy, Chelyuskinets, Vrubivskiy, partially division of control was going through Krynycjki, Talivka). In June 2014, the fighting over the control main roads, which could be used by DPR and LPR Kirovsk and Pervomaysk. Semenivske, Gryhorivka, Novopetrivske, as well to communicate with Russia (checkpoints Uspenka, over the state border in Luhansk region took place as from Kozhevnya up along the riverbed of Mius Marinivka, Dolzhanske, Chervonopartizansk and in Uralo-Kavkaz, Izvarine, Panchenkove, Biryukove, river to Nyzhniy Naholchik), thus blocking the sup- Izvarine). The penetration of the planned operation Khmelnitskiy and Zelenopilya. ply routes for Ukrainian divisions in the district of was supposed to be no less than 150 km. During the Dmytrivka — Dibrivka — Dyakovo — Grybuvakha — operation, it was also intended to establish the for- Khmelnitskiy — Panchenkove. tified defense positions that could use the artillery July 2014 On the southern border of the territories con- fire and roadblocks not only to prevent the move- In July 2014, the Ukrainian armed forces started trolled by IAF, there was formed a long and narrow ment along the highways, but also in the steppe ar- a wide scale offensive on Sloviansk. At the same (under 10 km wide) stretch controlled by LAF. At the eas between them. time, the armed divisions started to advance in the same time, LAF found themselves in a seriously The Ukrainian divisions were not able to estab- directions of Schastya — Olexandrivsk, Rubizhne — disadvantageous situation, since all supplies were lish the control over the high grounds of Donetsk Severodonetsk — Lisichansk, Novoaydar — Tryokhiz- carried out via a single border road. The only avail- benka — Slovianoserbsk, Liman — Yampil — - able location to cross Mius River was the ford in ridge and the main roads in the uncontrolled areas, Outskirts of Pervomaisk in because the attacking divisions moved by using the Popasna, Krasnoarmiysk (Pokrovsk) — Avdiivka, Kozhevnya, which was constantly shelled, whereas lower steppe soil roads along the border. Kurakhovo — Maryinka. The active hostilities took place along the entire the roads to Dyakove, Chervonopartizansk and Dol- The territories controlled by IAF in Donetsk re- In July 2014, LAF regained control over the fol­ line of offensive, including in the populated areas. zhanske were mined by the adversary. The armed 14 gion as of late June 2014 encompassed no less than lowing areas: on 5 July — Sloviansk, Kramatorsk; On 15 July 2014, the southern line of the division of forces could not maneuver and had been under con- 15 9,400 km2 (out of 26,500 km2 of the total area of the on 6 July — Druzhkivka, Bakhmut; on 8 July — control over the territories stretched along the follo­ tinuous shelling. 16 The most vulnerable directions were located region), with the population of no less than 3,3 mil- Kostyantynivka; on 20 July — Rubizhne; on 21 wing line: from Donetsk through Mospyne and further alongside Dmytrivka — Kozhevnya and Stepaniv- lion people. In Luhansk Oblast, they encompassed along the line of Ilovaysk — Stepano-Krynka — Blaho- no less than 8,400 km2 (out of 26,700 km2 of the 14 «Четыре года назад освободили Славянск и Крама- ka — Marinivka on the south of Donetsk region. торск: как убегали боевики и что после себя оста- 17 On 15 July, IAF assumed control over Stepanivka, on total area of the region), with the population of no вили» [Four years ago Slovyansk and Kramatorsk were «„Мы, это... Дзержинск взяли“: волонтер напомнил less than 1,5 million people. liberated: how the terrorists escaped and what they left о важной победе украинского оружия четыре года 16 July — over Marinivka. As a result, the supplies The dividing line of control over the territories behind],UNIAN (online), 05 July 2018, назад» [We ... captured Dzerzhinsk: a volunteer re- for the Ukrainian armed forces were fully paralyzed. minds about the important victory of the Ukrainian . и подняли государственные флаги Украины» [The ATO fire support, had been exposed to continuous artil- Mospyne, Zuhres, Shakhtarsk, , Snizhne, 18 forces liberated Artemovsk and Druzhkovka and raised «Как освобождали Северодонецк и Лисичанск: тро- lery and mortar shelling and, as a result, sustained Miusinsk, Antracite, Rovenki and Sverdlovsk (out of Ukrainian flags] ТSN (online), 06 July 2014, гательные истории от украинских бойцов и жите- 20 all those areas, hostilities only took place in the sub-

14 FACTS FACTS 15 der with RF in Izvarino21. On the same day, the oper- On 30 July, UAF attacked Latyshevo and assumed the humanitarian corridor. The Russian media re- The assault continued to take place in the direc- ation began to unblock “Sector D”, which involved control over CP “Marinivka”.23 ported that they sought asylum in Russia. The Ukrai- tion between Snizhne and Dmytrivka, to Latysheve the divisions of 30th, 51st mechanized, 95th and 25th On 31 July, the fighting between UAF and IAF con- nian media reported that they were forced to retreat and further on to Rozsypne. aero mobile brigades22. During the operation to un- tinued in the area between Shakhtarsk and Torez. to the territory of Russia due to the lack of ammuni- block the divisions that protected the Luhansk air- UAF retreated from the of Rebrykove (north tion and inability to take part in hostilities, howev- port, UAF assumed control over Bile, Lutuhine and of Rovenki). er, neither changed their allegiance nor sought the Georgiivka. On 31 July, IAF shelled from “Grad” the mili- refugee.25 Some members of the 72nd mechanized th 24 On 28 July, Stepanivka was taken under control tary positon of the 25 UAMBR in the suburbs of brigade attempted to make a breakthrough to the by UAF, the divisions of the 72nd mechanized bri- Shakhtarsk. main divisions of the Ukrainian army through the gade were unblocked near the border. The territories controlled by IAF in Donetsk re- corridor to Marinivka, which was the subject to con- On 22 July, SAU was launched at CP Dovzhanskiy, gion as of late July 2014 encompassed no less than stant shelling. 2 2 RSVF “Grad” was launched at Krasnopilya. On the 4,100 km (out of 26,500 km of the total area of the On 5 August, the divisions of the 72nd brigade region), with the population of no less than 2,4 mil- same day, there were hostilities taken place within joined the divisions of the 79th brigade that were lion people. In Luhansk region, it covered no less the triangle Dmytrivka — Dyakove — Dibrivkaand. located near Dyakove (almost on the border with than 6,100 km2 (out of 26,700 km2 of the total area IAF took positions along the line Kozhevnya — Dmy- Donetsk and Luhansk regions, 20 km away from of the region), with the population of no less than trivka — Girnytske. Marinivka). After the battles in 1,2 million people. On 23 July, the hostilities were taken place along On 6–7 August, the withdrawal of unblocked the line of Zhytenko — Olexiivske — Grygorivka, in In July 2014, the area of hostilities included the On 7 August, UAF took Miusinsk and blocked the troops was finished, however, the Ukrainian armed 26 Dmytrivka and Starobesheve. UAF moved towards following territories: Shakhtarsk, Marinivka, Ste- road between Snizhne and Krasniy Luch. IAF con- sustained serious losses under continuous artillery Ilovaysk and Blahodatne from the direction of panivka, Torez, Panchenkovo, Dovzhanske, Zeleno- trolled the border between Izvarine and Marinivka. fire while making a breakthrough. Kuteynikove. pilya, Snizhne, Sloviansk, Kramatorsk, Bakhmut, IAF advanced to Kuteynikovo from the direction of On 5 August, the Ukrainian aviation bombed the On 23 July, SAU was launched at Bondarivske. Popasna, Lisichansk, Zolote, Pervomaysk, Svitlo- Agronomichne. positions of IAF under Shakhtarsk in the village of IAF moved to the state border with RF and assumed darsk, Debaltseve, Olexandrivsk, Stanitsa Luhans- On 9–19 August, from the direction of Debaltse- Serdite. UAF left Shakhtarsk and went to Debalt- control over CP “Marinivka”. ka, Tarany, Saurivka, Maryivka, Grybuvakha, Dyak- vo towards Vakrushevo, UAF attempted to break the seve. At the same time, there were hostilities taken On 24 July, UAF re-assumes control over ove, Dmytrivka, Marinivka, Stepanivka, Biryukove, IAF’s line of defense and create the passage for its place in Kuteynikovo, Starobeshevo, Orlovo-Ivaniv- the forces that were encircled in the area of Krasniy Kozhevnya. There were ongoing hostilities in the Kozhevnya, Savur-vysota, Kuteynikovo, Mospyne ka and Serdyte. Luch. UAF (24 AMBR) attempted to re-unite with its villages of Taran, Dibrivka and Blahodatne. and some others. On 6 August, UAF were making a breakthrough Debaltsevo forces from the south (from Miusinsk). On 27 July, an armored column of UAF started to Kozevnya and Dmytrivka from the direction of The assault operation continued on Antracite, Kras- moving from Debaltseve to Shakhtarsk. In the dis- August 2014 the village of Taran. They continued the assault fur- niy Luch and Vakhrusheve. trict of Stepano-Krynky, UAF attempted to break the ther to the north from Savur-Mohyla to the nature On the same day, UAF (30 AMBR, 95 AB, TB Dni- IAF’s defensive line. IAF launched “Grad” system at On 3 August, UAF was fighting for high grounds reserve “Leontyevo — Bayratske tract” in the two pro) led the assault on Saur-Mohyla. There were UAF in the area of Chervonopartizansk. of Saur-Mohyla. The operation of withdrawing the units of 24th, 51st, 72nd, 79th brigades from the encir- directions — through the villages of Saurivka and hostilities taken place in Olexiivske, Semenivske, Grygorivka, Dibrivka and Stepanivka. UAF con- 21 «Военнослужащим 51-й бригады, которые перешли clement began. Stepanivka and through Dmytrivka. There were also на территорию РФ, выдвинули подозрения: им грозит On 4 August, the group of 438 members of the attacks on Dmytrivka from the direction of Dyakove, tinued its assault on Yenakiyeve from Debaltseve до 10 лет тюрьмы» [Soldiers of the 51st brigade who had with the aim of uniting the encircled group with the through Vuglehirsk. defected to the enemy were indicted: they might get up Ukrainian forces (274 members of the armed forc- nd On 11 August, IAF assumed control over Miusinsk. to 10 years in ], НЕТ (online), 31 July 2014, es of the 72 mechanized brigade and 164 border main armed forces. Some UAF divisions were able . armored column of UAF from Stepanivka. 23 district of Novopetrivske. 22 «Офицер из сектора «Д»: «Причина поражения на- «Мариновка. 30 июля 2014 г. уничтожен штаб сепа- ших войск — профнепригодность руководства Ген- ратистов» [Marinovka. On 30 July 2014, the separat- 25 «Боец объяснил, почему их бригада отступила в РФ: штаба» [An army officer from sector D: “The reason be- ists’ HQ were destroyed], Patriotbook (online), 2014, Нас отстреливали из „Града“ десятками» [The sol- 26 «Освобождены Миусинск и Пантелеймоновка: два hind the defeat of our army is poor qualification of the . dier explained why their brigade retreated to Russia: пути террористов перерезаны» [Miusinsk and Pante- management of the General HQ”], ЦензорНЕТ (online), 24 «Ад в Шахтерске: трагедия 25-й бригады» [Hell in we were heavily shelled by ‘Grad’], UNIAN (online), leymonovka were liberated: two terrorists’ routes were 25December 2014, Shahtersk: the tragedy of the 25th brigade] fraza.ua 04 August 2014, cut off], Podrobnosti (online), 08 August 2014, . tragedija-25-j-brigady->. grada-desyatkami.html>. leno-karta.html>.

16 FACTS FACTS 17 As of 13 August, UAF assumed control over No- On 25 August, IAF broke through the last line of On 28 August, BTO “Vinnitsya” and “Khortitsya” the total area of the region), with the population of vosvitlivka and Khryaschuvate27. the UAF’s defense along the line Starobesheve-Ku- in retreated towards Mariupol after the no less than 1,45 million people. On 14 August, IAF assumed control over the vil- machove and mounted the assault from the village shelling and the resulting sustained losses. In August 2014, the geographical scope of hos- lage of Verkhnya Krynka during the fighting. UAF ad- of Roza Luxembourg and Markino to Novoazovsk tilities included the following territories: Starobe- vanced to Khartsyzsk from the direction of Ilovaysk, and Sedovo. The fighting took place in Guselschik- sheve, Amvrosiivka, Nyzhnya Krynka, Kuteynik- the hostilities were ongoing near the village of Shi- ove under Novoazovsk. The second assault of IAF ove, Blahodatne, Maloorlivka, Panteleymonivka, roke. On the same day, UAF left Saurivka for Olexi- was mounted from Kuznetsovo — Mykhaylivka and Kirovske, Petrivske, Stepanivka, Rodakove, Sabiv- ivske, and also left Shiroke for Kuteynikove. Grekove — Olexandrivka on . ka, Zymogirya, Velyke Mishkovo, Siyatel, Ilovaysk, On 16 August, there was intense fighting in the On 23–24 August, the UAF divisions tried to Nyzhniy Naholchik, Grabske, Verkhnya Krynka, area of Nizhnya Krynka. IAF advanced to the posi- leave from Kureynikove to Ilovaysk and Mospyne. Miusinsk, Vuglegirsk, Debaltseve, Olexiivske, Se- tions of the Ukrainian armed forces near the vil- On the same day, IAF launched an assault on Am- menivske, Grygorivka, Dibrivka, Stepanivka, Marin- lage of Uspenka (through Tarany from Marinivka). vrosiivka. ivka, Latysheve, Orlovo-Ivanivka, Serdyte, Saurivka, The confrontations took place in the area of Nizhniy On 25 August, UAF broke through the adver- Lutuhine, Georgiivka, Novosvitlivka, Khryaschu- Naholchik (to the south of Antracite). The fighting sary’s positions from Panteleymonivka to the south vate, Novohannivka, Bile, Yasinuvata, Gorlivka, took place in the area of the Savur-Mohyla mound. of Yenakiyeve to Kirovske, in order to unblock the Guselschikove, Mnogop[ilya, Agronomichne, Gor- IAF launched its offensive from in the UAF units in the village of Maloorlivka. Powerful ar- After the battles. Granitne batenko, Novokaterynivka, Novoazovsk, Peremoha, direction of Blahodatne (to the west of Savur-Mo- tillery shelling was mounted on Kirovske from how- Debaltseve, Vuglegirsk, Uspenka, Vakhrusheve, Yu- On 29 August, the UAF divisions moved from the hyla). The fighting near the village of Grabske. UAF itzers and mortars from the positions to the north of nokomunarivsk, Zuhres, Novy Svit, Maryivka, Kras- area of Ilovaysk towards Komsomolske. The column attempted to launch its offensive on Ilovaysk from Maloorlivka. nogorivka, Avdiivka, Zaytseve, Komisarivka, Chor- was moving alongside the route Mnogopilya — Ag- Kuteynikove. The territory on which UAF found themselves en- nukhine, Stanitsa Luhanska and some others. ronomichne — Novodvirske — Mykhaylivka — Andri- On 18 August, hostilities took place near the vil- circled was located between Blahodatne through ivka — Gorbatenko — Chumaky — Novokaterynivka. lages of Velyke Mishkovo and Siyatel. UAF launched the reserve Berdyanskiy to Mnohopilya, then In the area of Gorbatenko and Novokaterynivka, an assault on Ilovaysk, the control over the south- through Agronomichne, Volodarske, Kuteynikove, September 2014 ern part of the city had been assumed. Fierce fight- the UAF’s column was shelled by IAF, as well as, ac- Voykovskiy, Olginske via the route along Amvrosi- At the beginning of September, the UAF divisions ing took place in the village of Stepanivka. IAF re- cording to witnesses, by the . ivka to Blahodatne. relocated from the bridgeheads near Lutuhine, No- assumed their control over Rodakove, Sabivka and As a result, 366 persons died (according to the data On 24–25 August, in Nyzhnya Krynka, next Maki- vosvitlivka, Luhansk airport, to the positions to the Zymogirya. provided by the UAF HQ), more than 400 persons ivka, shelling of the northern and northeastern north of the channel of Siverskiy Donets. Several di- On 20 August, hostilities took place in Amvro- injured, more than 300 military servicemen were districts, as well as the neighboring town of Khart- 29 visions broke out of the encirclement in the area of siivka and Kurteynikovo from the southern side of taken hostage . syzsk, took place. There were reported casualties Starobesheve, Ilovaysk and Amvrosiivka and moved Maloorlivka (Yenakiyece). On 21 August, IAF took In late August — early September 2014, the UAF and destruction. to the area of Volnovakha. control over Petrivske and Manuilovka (Saur-Mohy- divisions were ordered by the ATO administration On 26 August, fierce fighting took place in The negotiations on the cessation of hostilities la), the next day — over CP Uspenka. and the UAF HQ to retreat from the bridgeheads Starobesheve. Many buildings were damaged. taken in July-August to the positions which they oc- began. On 5 September 2014, the On 24–25 August, IAF advanced its first group 28 There was no connection, electricity, gas or water. was signed, in which the parties to the conflict in along the border from Uspenka through Petropav- cupied before the beginning of the assault. The fighting took place between the divisions of agreed on a package of measures to facili- livka, Novoivanivka, Ulyanivske, Kumachove, and The territories controlled by IAF in Donetsk re- NGU and IAF of the village of Peremoha (near Ku- tate the cessation of hostilities in the presence of the second group from Mospyne to Novokateryniv- gion as of late August 2014 encompassed no less machove). The IAF divisions approached Granitne. 2 2 30 ka, towards the first group, trapping the UAF divi- than 7,800 km (out of 26,500 km of the total area the OSCE representatives. It was an important IAF took over Dokuchayevsk and approached Novo- sions in cauldron in the area of Kuteynikove — Am- of the region), with the population of no less than step towards conflict resolution through facilitating troitsk, trapping UAF in Starobesheve. vrosiivka. 2,5 million people. In Luhansk region, it included no communications between the parties to the conflict On 27 August, IAF took control over the villages less than 11,400 km2 (out of 26,7 thousand km2 of in Donbas. During the second meeting in Minsk on of Starognativka, Granitne and Starobesheve. 27 «13 августа 2014-го. Окружение Луганска, трагедия 19 September 2014, the participants of the Trilateral Степановки, штурм Хрящеватого, удар по частям 18- 29 «ГПУ: Под Иловайском в августе 2014 года погибли Contact Group on Ukraine signed the memorandum 28 ой мотострелковой бригады РФ» [On 13 August 2014. «На Донбассе боевики обстреляли три села, погибли 366 и пропали без вести 158 украинских силовиков» aimed at securing the agreement regarding the The encirclement of Luhansk, the tragedy of Stepanov- десятки людей» [In Donbas, the militia shelled 3 villag- [GPO: In Illovaysk, in August 2014, 366 Ukrainian sol- ka, offensive on Khryaschevato, attack of the 15th Rus- es, dozens of people died], Segodnya (online), 27 Au- diers died and 156 soldiers went missing], Hordon (on- sian rifle brigade], CenzorNET (online), 13 August 2014, gust 2014, line), 14 August 2015, 30 Protocol on the results of the consultation of the Tripar- . udey-snbo-547483.html>. vesti-158-ukrainskih-silovikov-94117.html>. .

18 FACTS FACTS 19 bilateral cessation of the use of weapons and the October–December 2014 seve bridgehead with logistical support (Bakhmut in the direct vicinity of the line of contact became forming of security areas.31 town). IAF launched its offensive from Yenakiyeve the front line of defense. Between October and December 2014, the ge- The UAF assault operation (July–August 2014) end- and to Vuglegirsk; from the direction of The members of armed forces occupied empty ography of the conflict remained mostly the same. ed. All UAF divisions were brought behind the provi- Zorivsk through Komisarivka, from the direction of residential buildings and industrial objects. They There were intensive hostilities among the entire sional line of contact — from the border with Russia at Faschivka through Chornukhine — to Debaltseve33. were often building fortifications on the very ter- line of contact, on some parts of the line local tac- the junction of the rivers Siverskiy Donets and Derkul in As of March 2015, the line of contact was drawn ritory of the populated areas. Several populated tical regroupings took place. The UAF and IAF divi- Luhansk Oblast up along the riverbed of Siverskiy Do- along the border with RF on the junction of the riv- areas became divided by the line of contact — Zo- sions strengthened their positions, occupied the nets through Stanitsa Luhanska, Schyastya, Tryokh- ers of Siverskiy Donets and Derkul in Luhansk region lote-4, Verkhnyotoretske, Kominternovo (Pikuzy), most advantageous positions on the separate parts izbenka, then from the village of Sokilnyky on land up along the channel of Siverskiy Donets through Maryinka, Pivdenne and Pivnichne (Toretsk), Zayt- of the line of conflict. to highway R-66 (Lisichansk — Luhansk), along the Stanitsa Luhanska, Schyastya, Tryokhizbenka, then seve. In such areas, the hostilities were taken place The parties increasingly used heavy weapons to route to the village of Novotoshkivske, then between from the village of Sokilnyky on land to route R-66 directly in the residential blocks, thus endangering shell each other’s positions, including the shelling Orekhove village and Golubovskiy town, between the the life and health of local inhabitants. of the residential blocks. The parties began placing (Lisichansk-Luhansk), along the route to the town of town of “Rodina” mine (Zolote-4) and Maryivka rail- landmine-explosive barriers within the boundaries Novotoshkivske, then between the village of Orekho- road station, between Katerynivka and Molodizhne, of the security area, however, it led to an increased vo and the town of Golubovskiy, between the town of between Novoolexandrivka and Kalynove-Borschu- number of victims among the civilian population “Rodina” mine (Zolote-4) and Maryivka railway sta- vate, between Troitske and Kalynove (Debaltseve that continued to use the local roads and paths. tion, between Katerynivka and Molodizhne, between bridgehead), between the villages of Veselogorivka In the areas located near the line of contact, in- Novoolexandrivka and Kalynove-Borschuvate, be- and Hannivka, Polyove and Lomuvatka, between dustrial objects or objects of social infrastructure tween Troitske and Kalynove, between Myronivske Borzhykivka and Komisarivka, Chornukhino and Cen- were seized by the military for their own purposes. and Pivdenna Lomuvatka, between the villages of tralne, Mius and Faschivka, between Nikishyne and In turn, this posed serious risks for the civilians who Luhanske and Debaltseve, between and Kumshatske, between Vilkhuvatka and Maloorlivka, lived near such objects, in case of the enemy’s fire Vuglegirsk, between Novoluhansk and Holmivske, Bulavinske and Yunokomunarivsk, between Vugle- attack on the military targets. between Bakhmutka and Zaytseve, Mayorsk and gorsk and Yenakiyeve, between Molochne and Hurty The movement of civilians near the line of contact Mykytivka, between Pivdenne and Horlivka, between (Debaltseve bridgehead), between Novoluhanske and was significantly limited. There were documented Novgorodske and Shiroka Balka, between Verkhnyo- Holmivske, between Bakhmutka and Zaytseve, May- cases of the destruction of the objects of infrastruc- toretsk and Panteleymonivka, between Avfiivka and Zolote-4. UAF took a residential building orsk and Mykytivka, between Pivdenne and Horlivka, ture, such as detonation of bridges, overpasses, Yasinuvata, between the villages of Opytne and Spar- between and Shyroka Balka, between power lines, pipes etc. tak, between the village of Pisky and Kuybyshev dis- The armed conflict moved to the positional trench Verkhnyotoretsk and Panteleymonivka, between Av- trict of Donetsk, between Krasnogorivka and Staro- stage. The territories divided by the line of contact a high diivka and Yasinuvate, between the villages of Opytne mykhaylivka, between Maryivka and Olexandrivka, coefficient of urban agglomeration, therefore the -ar and Spartak, between the village of Pesky and Kuy- 2015 between the villages of Taramchuk and Olenivka, eas that were located in geographical proximity to each byshev district of Donetsk, between Krasnogorivka In January-February 2015, IAF started the assault between Novotroitske and Dokuchayevsk, between other found themselves on different sides of the line and Staromykhaylivka, between Maryinka and Olex- on Debaltseve bridgehead.32 IAF reached the village Mykolaivka and , Bogdanivka and Petrovske, of contact (e. g. Novotroitske — Dokuchayevsk, Mary- andrivka, between the village of Taramchuk and of Logvinove by route М-03 on the span of Luhanske- Starognativka and Bila Kamyanka, emerging near inka — Olexandrivka, Krasnogorivka — Staromykhay- Olenivka, between Novotroitske and Dokuchayevsk, Debaltseve from the western direction of Horlivka the village of Granitne to river and further livka, Avdiivka — Yasinuvata, Verkhnyotoretske — between Mykolaivka and Styla, Bogdanivka and through Hurty, via the corridor to the south of Vu- south along the riverbed by Granitne and Chermalyk Panteleymonivka, Novgorodske — Toretsk — Horlivka, Petrovske, Starognativka and Bila Kamyanka, leaving glegirsk reservoir and to the north of railway road to reservoir, then on land between the vil- Popasna — Pervomaysk, Tryokhizbenka — Sloviano­ near the village of Granitne to Kalmius river and fur- Debaltseve-Horlivka, and at the same time towards lage of Pischevik and Verkhneshirokivske, between serbsk, Lobacheve — Zhovte). ther south along the riverbed by Granitne and Cher- them from eastern direction, from Bryanka through the villages of Pikuzy and Zayichenko, between The distance between the fortified positions of the malyk to Pavlopil reservoir, then on land between the Lomuvatka and the village of Polyove to the south Vodyane and Sakhanka, reaching the shore of the parties to the conflict in some areas was sometimes village of Pischevik and Verkhneshirokivske, between of Mironivske reservoir and to the north of railway in the village of Shirokino. as narrow as several hundred meters. The hostili- the villages of Pikuzy and Zayichenko, between Vody- branch Debaltseve-Alchevsk. In doing so, IAF blocked UAF began strengthening its line of defense ties in densely populated areas posed the most sig- ane and Sakhanka, leading to the shore of the Sea of the only transport corridor that connected Debalt- along the line of contact. Several populated areas nificant risks for the civilians that have not left their Azov in the village of Shirokino. homes for various reasons. In such situation, the 32 «Год спустя: как выходили из Дебальцево» [A year 33 «Битва за Дебальцевский плацдарм» [Fighting for the military discipline and commander’s control over the 31 Memorandum of Protocol on the results of the consul- later: how we retreated from Debaltseve], BBC (online), Debaltseve bridgehead], Argument (online), 05 Febru- actions of subordinates were of great significance. tation of the Tripartite Contact Group concerning the 05 February 2016, ary 2016, steps to be taken to implement the peace plan. (online) . 2016/02/160205_ru_s_debaltseve_vj_anniversary>. platsdarm>. netsk region encompassed no less than 8,200 km2

20 FACTS FACTS 21 2 (out of 26,500 km of the total area of the region), with mented in the MB database. Annex provides a brief Episode/incident Time Period Killed Injured Detained Missing Total the population of no less than 2,7 million people; In Lu- description of the listed episodes, in addition to Battle for Sloviansk 12.04 — 05.07.2014 40 1 17 — 58 2 hansk region, it encompassed no less than 11,600 km the well-known and well documented battle for Battles for Kramatorsk 12.04 — 05.07.2014 2 — — — 2 2 (out of 26,700 km of the total area of the region), , the defense of the Lugansk airport, the Execution of the military servicemen 22.05.2014 17 1 — — 18 with the population of no less than 1,4 million people. defense of the Donetsk airport and the battle for near Volnovakha Debaltseve. Battles for Savur-Mohyla 05.06 — 29.08.2014 25 12 7 — 44 It is worth mentioning the active participation of The battles for the control 05.06 — 14.08.2014 14 1 — 2 17 2016–2018 Russia in the armed conflict, as evidenced by the over the state border (Marynivka) The geography of the frontline of the conflict continuous supply of weapons, ammunition etc.; The battles for Chervonopartizansk 21.06 — 10.08.2014 9 — — — 9 did not change. The most intensive shelling was systematic shelling of LAF in July–August from the Battles for Izvarine 12.06 — 07.08 2014 27 — — — 27 documented in the following areas: Avdiivka, Mary- territory of the Russian Federation, including the Battles for Dovzhanskiy 17.06 — 08.08.2014 27 — — 1 28 inka, Krasnogorivka, kominternivske, Novotroitske, use of MLRS; the direct participation of the military Executions in Zelenopilya 11.07.2014 36 — — — 36 Dokuchayevsk, Yasinuvata, Donetsk (Petrovskiy, units of the Russian Federation in hostilities, in par- Battles for Shakhtarsk 30.07 — 05.08.2014 35 — 4 — 39 Kuybyshev, Kyivskiy districts), Horlivka, Zaytseve, ticular, in August 2014, in the fighting near Ilovaisk, Battles for Stepanivka 15.07 — 04.08.2014 45 — 6 3 54 Troitske, Pervomaysk, Zolote, Krymske, Schastya, and in February 2015 in the battles for Debaltsevo; Defense of the Lugansk airport 8.04 — 01.09.2014 93 3 14 — 110 Vesela Hora and Stanitsa Luhanska. directing certain parts of IAF by the Russian mili- Defense of the Donetsk airport 26.05.14 — 21.01.15 167 13 36 8 224 The table below presents the episodes of the tary servicemen (Girkin, Bezler and others); a large Tragedy of IL-74 14.06.2014 51 — — 51 armed conflict, in which LAF suffered significant number of the Russian military servicemen who Battle for Ilovaisk 24.08 — 01.08.2014 416 63 418 42 839 losses. The data presented in the table is docu- were captured. “The walk of shame” 24.08.2014 — — 36 — 36 Events o 03.09.2014 02.09.2014 16 1 1 18 Events on 05.09.2014 05.09.2014 35 — 6 13 54 Battle for Debaltseve 24.07.14 — 18.02.15 295 8 42 32 377 The parade of the captured “Cyborgs” 21.02.2015 — — 16 — 16

4.2. Consequences of the armed and 1,572 injured military servicemen, as well as conflict 1,297 missing persons (MD database). According to NPU, for the entire period of hostili- According to the HRMM’s data, during the entire ties, more than 7,400 went missing. As of period of the conflict, from 14 April 2014 to 15 May late 2017, more than 1,800 persons were missing. 2018, at least 2,725 civilians were killed: 1,568 men, As of 20 July 2018, MMP identified over 3,500 961 women, 93 boys, 47 girls and 56 adults whose persons that were illegally detained by IAF on the sex is unknown. In addition, 298 civilians, includ- government non-controlled territories of Donetsk ing 80 children, were killed by the downing of the and Luhansk regions. Nearly 1,700 persons were civilian plane MH17 on 17 July 2014, bringing the to- civilians, others were military servicemen. Nearly tal death toll of civilians to at least 3,023 persons. all persons who were unlawfully detained were sub- HRMMU estimates the total number of the conflict- jected to torture or inhuman treatment by IAF. Sev- related civi­lian injuries to vary in between 7,000 eral hundred captives were killed. and 9,000.34 The captives were detained in the facilities that According to the results of the monitoring trips were unsuitable for the purpose. They were deprived carried out during that period by KHPG and MD, of food, water, the possibility to use the toilet and the following data on casualties was entered into were denied access to medical assistance. The con- their respective databases: 3,144 killed and 3,350 ditions of detention failed to meet the minimum injured civilians (KHPG database); and 7,972 killed standards, in most cases the conditions were de- grading and humiliating. According to the report of 34 Report on situation of from MMP, during 2014–2018, IAF established 120 places 16 February to 15 May 2018)., OHCHR 2018 (online) , p. 16. tion of the captured Ukrainian military servicemen,

22 FACTS FACTS 23 civilians, including the journalists and volunteers.35 IAF, in particular, that of the law-enforcement agen- The MD database contains information on 204 plac- cies, military units, and the most important objects of es of unlawful detention: 116 of them in Donetsk re- infrastructure, essentially meant that of some of the gion and 88 in Luhansk region, with total number of populated areas of Donetsk and Luhansk regions be- 5. Alleged crimes detainees 3,736 persons, including 2,082 civilians came occupied. On 11 May 2014, in some of the popu- and 1,654 military personnel. lated areas of Donetsk and Luhansk regions, IAF held As of late 2017, over 40,000 residential buildings referendums seeking to secede from Ukraine and ob- 36 were destroyed or damaged as a result of the armed tain independence for the self-proclaimed DPR and 5.1. Murders Extrajudicial executions conflict since its beginning in 2014. This number LPR, which were not recognized by the government General information on extrajudicial executions does not include the buildings that were abandoned of Ukraine. During those anti-constitutional develop­ General information on murders by IDPs, as well as the buildings that were damaged ments, IAF worked in an organized way, which is The extrajudicial executions were massive from During our work, we have documented 108 cas- when being used for the military purposes.37 Around evidenced by the coordination of their actions from April 2014 and until the end of 2015 throughout the es of murders in eastern Ukraine, which should be 10,000 objects of infrastructure were seriously a single control center. The coordinated actions of conflict. We detected 78 extrajudicial executions. damaged. One of the main reasons of the deaths/ the armed people on the territory of two regions of considered in the context of subparagraph (a) of Among them, 61% were committed in 2014, 35% in injuries of the civilians and the destruction was the Ukraine shows their organized nature. At the same part 1 of Art. 7 and p. i) p. a) part 2 of Art. 8 RS, in 2015, 3% in 2016, and 1% in 2017. Thus, in 2015 com- placement of the IAF artillery units in the residential time, IAF used violence as the main tool for seizing the period from April 2014 to August 2018. Most pared to 2014, the number of extrajudicial executions blocks of the densely populated areas, in close prox- power, accompanied by violent punishments, and in cases were committed in 2014 — 71 cases, but in decreased by 1.8 times. However, the number itself, imity to the hospitals, schools, kindergartens etc., the case of peaceful opposition — killings of those subsequent years, the commission of such crimes as well as the prevalence along the contact line (ex- and shelling of the positions of LAF from those loca- who were dissatisfied with the overthrow of the continued (32 cases in 2015, 3 cases in 2016, trajudicial executions were committed in 57 cases in tions. Some LAF units acted in that way. The exploi- Ukrainian power in the regions. Those actions, and 1 case in 2017). Among them, 17 cases related to and in 21 cases — in Luhansk Oblast), tation of the densely populated areas by the armed later on military operations during the armed con- the massacre of the civilian population (two or indicates the magnitude of these acts.38 groups for conducting hostilities essentially meant flict, were coordinated by military servicemen and more people were victims during the incident). Civilians (50%) and military personnel (50% of the use of the civilians as “human shields”. special security officers of RF (Girkin, Bezler and oth- The documented murders were committed in the the total number of victims) were executed extra- The KHPG database contains information on more ers). The massive artillery shelling of the Ukrainian area of conflict along the contact line. The lar­ judicially. When analyzing the nature of extrajudi- than 20,000 destroyed or damaged residential buil­ military units, including by the multiple-launch roc­ gest number was recorded in the following settle- cial executions, we came to the conclusion that it dings and more than 2,500 objects of infrastructure. ket systems, from the territory of RF; the participa- ments: Donetsk, Luhansk, , Toretsk, is difficult to establish the actual number of deads. The provided data shows widespread and large- tion of the military personnel of RF in hostilities in Slavyansk, Mariinka. Part of the territory remains occupied, which leads scale nature of crimes that were scattered over the to a significant complication of access to reliable order for UAF in liberating the government non-cont­ We also documented cases of the massacre of entire territory of the conflict, as well as serious con- rolled territories, strongly suggest that RF exercised information. In addition, there is a high probability civilians in the city of Horlivka. sequences of such crimes. A large region of Ukraine effective control over the government non-controlled that missing persons in such areas were actually The number of committed murders indicates the became affected by those crimes, with its popula- territories of Donetsk and Luhansk regions. tortured or executed. magnitude of the crime, and the frequency, the exis- tion becoming the victims. The organized nature of crimes, their number For the first time, international observers re- tence of special places for committing such crimes, The takeover/occupation of the buildings of na- and scale, coordinated actions in choosing the ob- corded cases of extrajudicial executions on April 19, and the area, covered by the crime, indicates syste- tional authorities and other national institutions by jects of attacks, the coordination of hostilities from 2014, when two bodies were found after a forced maticity. a single control center, point to the systematic na- disappearance in Toretsk.39 At the beginning of the 35 More than «Понад 3,5 тисячі осіб незаконно утриму- ture of those crimes. The victims of the massacres were 50 civilians conflict, finding the body of a person after some time вали на окупованих територіях — Військова прокура- and 68 militaries. The perpetrators of the crime тура» [More than 3,500 persons were illegally detained 38 in the occupied territories — The Military Prosecutor’s committed them in the context of the armed con- MB database and KHPG database. See also Yuriy Ase­ Office], Radio Svoboda (online), 20 July 2018, flict in eastern Ukraine. The recorded cases are ev, Volodymyr Hlushchenko, Boris Knyrov, Natalia . directly related to the armed conflict in eastern Okhotnikova, Anna Ovdiienko, Olena Richko, Gennady 36 Ukraine 2018 Humanitarian Response Plan (online) Shcherbak, Pavlo Shvab, Yanina Smelyanska, Igor . ted During the Armed Conflict in Eastern Ukraine be- cupied territory, and 17% in the government-con- tween 2014–2018”, KHPG (online), 26 October 2018, 37 Report on situation of human rights in Ukraine from , p. 25. 16 February to 15 May 2018). Управління Верховного trolled areas. Комісара Організації Об’єднаних націй з прав люди- Extrajudicial executions, cases of separate 39 “Summary killings during the conflict in the Eastern ни, 2018 (online) Ukraine”, Amnesty International (online) 2017, , para. 34. SSU building in Donetsk, occupied by the armed formations murders. EUR500422014UKR_FINAL.pdf>.

24 FACTS ALLEGED CRIMES 25 was the most common testimony to extrajudicial ex- expressed their views openly (2 cases), journa­ her up, which was completely unusual, because the imprisonment of two Romani women and girls ecution. At the same time, some of the missing were lists and media representatives (1 case), religious M. every day picked up his daughter by car from for “recusancy” and he ordered, “to scare well and subsequently found dead. So, in the village of Stan- figures (4 cases), entrepreneurs (3 cases). school because it was far to walk. After this call, it release them.” On September 18, 2014, their relative ytsia Luhanska (Stanytsia Luhansk district, Luhansk 59 of the recorded cases of executions took place became apparent that M. was abducted or detained. made a post in the VKontakte social network, asking Oblast), during the conflict, 18 people disappeared. in the NGCA, and 19 cases — in the GCA.43 The abduction happened due to the fact that the to provide any information about the missing. All of them were found dead later.40 In the so-called “DPR” extrajudicial executions person M. adhered to the pro-Ukrainian position, In November 2014, the bodies of two women and Further, extrajudicial executions, in addition to were legalized by adopting the so-called “Crimi- and did not conceal it, expressing it both personally girls were found in the forest belt near the village of a magnitude, have become systematic. A specific nal Code of the DPR”, which article established the and in phone conversations with family and friends. Orihivka (Lutuginsk district of the Luhansk Oblast). feature of these crimes is their commission in special death penalty as one of the types of punishment. He also engaged in entrepreneurial activity, and on OHCHR received the results of a forensic medical- places. The presence of special places for commit- This sentence is set for 28 different crimes. Four the day of disappearing, he had about 10 thousand examination, according to which the victims died ting such crimes indicates their systematic nature. cases of a death penalty to the civilian population dollars with himself. on September 10, 2014, from gunshot wounds to 44 were reported. The legal proceedings against After the disappearance of M., his wife appealed the head. such persons were characterized by a low level of to the internal affairs office of the so-called “LPR”; legal assistance and accusatory way of the process, she was informed in an informal conversation that An event of the shooting of an opposition figure48 which excludes the fair trial. So these processes the person M. is alive, but there were a criminal pro- On August 29, 2014, a 42-year-old deputy of the have become the character of punishment. ceedings by the ministry of internal affairs of the so- village council, Major in retirement person Kh., was Such processes, as well as classical extrajudicial called “LPR” initiated against him; he was detained shot from an assault rifle in the courtyard of his own executions, were carried out for captured service- in the building of the office of the security service of house for the fact that the man repeatedly claimed men, as well as law enforcement and government Luhansk at address: Radyanska, 79 street, under the that the Krymske (Novoaydar district, Luhansk personnel. The percentage of such executions to surname “Rudnikov” to complicate his searching. Oblast) will remain in Ukraine. the total number recorded is 53% of cases, which On June 24, 2015, the so-called law enforcement 45 Before the shooting on the house of the man, the indicates a significant prevalence of such cases. authorities of the so-called “LPR” called the sister Ukrainian flag was constantly fluttering. And since and wife of a person of M. for identification man’s Illegal detention center in Stanitsa Luhanska uts. Circumstances of committing separate crimes he was not concealing his position from the local body, which was found in the area of the treatment An event of the disappearance of a person, “militiamen”, several times the fighters, who were Information on extrajudicial executions was facilities of the “Crystal” enterprise in the area of the whose body with signs of violent death in the village at that time, warned the policeman provided by international organizations, including 30 Years of Victory street in Lugansk. As it was found, was found on the territory controlled that they would kill him and his family if he did not HRMM, AI, HRW, in their reports. They prepared 46 the cause of death was stabbing chest wounds with by the so-called “L/DPR” admit his guilt and will not go to their side. However, several special reports on this issue: “Responsibil- penetration into the region of the left lung. the victim did not take the threats seriously and con- ity for murders in Ukraine from January 2014 to May On April 10, 2015, in Lugansk, a person M. on tinued to express his pro-Ukrainian position. 2016”,41 “Extrajudicial executions during the con- a Toyota Land Cruiser took children to school about An event of a lucrative killing47 On October 24, 2014, the person Kh. was award- flict in eastern Ukraine”.42 7.50, after which he planned to go on business and 09.09.2014 person M. V. with his six-year-old ed posthumously with the Order “For Courage” III Among the unlawfully executed, the following stopped being in contact at around 9.00, did not daughter Liana and mother-in-law, F. arrived in degree for the personal courage and heroism, mani- categories were distinguished: dissenters who answer calls by mobile phone, which was extremely unusual for him, as his professional activities were the village Shchotove ( district, Luhansk fested in the defense of state sovereignty and terri- Oblast) to check their property (sometime before torial integrity of Ukraine. 40 Yuriy Aseev, Volodymyr Hlushchenko, Boris Knyrov, Na- directly related to phone conversations. talia Okhotnikova, Anna Ovdiienko, Olena Richko, Gen- In the afternoon, after 13.00, his daughter called they left to the Russian Federation). On the same The person N. H., who is the wife of the person nady Shcherbak, Pavlo Shvab, Yanina Smelyanska, Igor home and said that her father had not come to pick day, six armed (probably from the so- Kh., described the events of the detention of per- Sosonsky, Gennadiy Tokarev, Martha Vovk, Anastasia called armed group “Rus”) came to their house to son Kh.: “I went to the work and after half an hour Yegorova, Yevgeniy Zakharov, “Violent Crimes Commit- ted During the Armed Conflict in Eastern Ukraine be- 43 Yuriy Aseev, Volodymyr Hlushchenko, Boris Knyrov, check local rumors: “these Gypsies hid gold in their the neighbors came and said that I had to go home tween 2014–2018”, KHPG (online), 2018, Natalia Okhotnikova, Anna Ovdiienko, Olena Richko, garden, and that is why they sometimes come back.” urgently... Neighbors did not see anything... Only , p. 25. Gennady Shcherbak, Pavlo Shvab, Yanina Smelyanska, After adult women began to argue with armed heard shots... I came and Kh. laid dead. We even 41 The responsibility for killings committed in Ukraine Igor Sosonsky, Gennadiy Tokarev, Martha Vovk, Anas- from January 2014 to May 2016, OHCHR, (online) tasia Yegorova, Yevgeniy Zakharov,Violent Crimes Com- Cossacks, the criminals took them and the girl to the were afraid to search those who did it, because between 2014–2018, KHPG (online), 2018, , p. 26. “interrogate”. As reported, the commander of the again when I was not at home. They threatened my 42 “Summary killings during the conflict in the Eastern 44 Ibid, p. 26. armed group “Rus” was informed by telephone over mother with an assault rifle... They said that they Ukraine”, Amnesty International (online), 2017, 45 . 46 See MB data base, case No. P1102. 47 See MB data base, case No. P561. 48 See MB data base, case No. P1254.

26 ALLEGED CRIMES ALLEGED CRIMES 27 would not repeat twice and forced her to give away wounds. Only after that, the person S. saw that the As it became known, the person Sl. was kept in his detention, after being interrogated and tortured, the keys to the car and the garage. And then they bullet passed through the arm and chest. In a few the so-called military commandant’s office in the he was killed. The interrogation was conducted in took the car out of the garage and left. But the men minutes, the mother died. premises of the regional military commissariat of Lu- the room of the so-called People’s Commissariat of from the village said that they were local, who were When an expert group and ambulance arrived in hansk, at the address of the Krasnodonsk, 6 street. Internal Affairs. This is confirmed by a video titled radically pro-Russian. I left the village and I do not the morning, police officers took the mother’s body The interrogation was conducted in a room with “The captive of the “Artemivsk” Battalion” — a testi- want to be there anymore...“. to the Luhansk Regional Bureau of forensic medi- sports equipment (“gym”) and because of the fact mony of “Bes”, which was posted on the Internet the cal examinations, where they diagnosed “massive that the person Sl. was the member of the “Aydar”, evening of the same day. It is clear from the video external and internal blood loss, firearms bullet he was tortured. On September 7, 2014, between that the interrogation of the person K. is carried out Civilian deaths as a result of separate attacks wounds, penetrating injuries to the chest”. 09.00 and 11.00 hours, during interrogation, unable by Biezler’s secondary, and under this pressure he (small arms, checkpoints, etc.) to withstand torture, he died. According to the wit- is testifying against himself. The father of the boy, General information on the deaths of civilians ness, at the same time, several representatives of the person K2, claims that the person K. was under the as a result of isolated cases Tortured to death IAG “Rusich” brutally beat the person Sl. with hands influence of psychotropic substances, as evidenced and feet, resulting in his death. For half an hour the Since the beginning of the conflict in eastern General information about torture to death by the absence of a defect of the language that he body was carried out in an unknown direction. usually had, and the apparent inadequate mental Ukraine, we have recorded 6 cases of intended kil­ The previous chapters described in detail the state. At the end of the video, Biezler I. M. announc- lings of the civilian population. Such actions were locations of torture, the number of cases recorded, committed in various ways, the most widespread es that he will destroy whoever did and told about the methods and some of the most typical cases. cases were murder by snipers, murders during all inhuman acts. The perpetrators of the crime, in this case, had a di- armed attacks, sudden murders by armed soldiers. According to the testimonies of other prisoners, rect intent to act — the use of physical violence to A large group of crimes committed during the cros­ Biezler I. M. showed them a video of interrogating victims and indirect intent to the consequences — sing of civilian checkpoints. Such acts were spread the person K., and one of the militants, call sign they did not want the death of the victims but delib- throughout the conflict area, but most of them were “Yakut”, on the same day reported that the person erately committed it. Most of the deaths were mili- committed in the Donetsk Oblast. K. was executed. The witnesses saw a black bag tary — 13 cases, less civil cases — 11 cases. Such crimes were committed within the frame- carried from the so-called “room of the PCIA”, and 19 cases were recorded in the NGCA, 5 cases in work of a conflict with the main motive — the imple- they assumed it was the K.’s body. Also, according the GCA. mentation of the policy of its participants. to witnesses, before the alleged execution person K. Several typical cases of torture to death that oc- Most of the above cases occurred in 2014 — was tortured, also they took off his scalp and drilled curred on the part of the parties to the conflict are 4 cases. Subsequently, the number of intendent The building of Luhansk military registration office his legs. The details of the subsequent fate of K.’s listed below. killings gradually decreased: in 2015 and 2016 — in personality remain unknown and his location is not 1 case, in 2017 and 2018 — no cases were recorded. An event about torture to the death identified today. 51 The number and territorial prevalence of crime indi- Circumstances of committing separate crimes of a police officer Only the relatives were conducting a search for cates their widespread and systematic nature. An event of torture of the military to death by rep- On July 14, 2014, around 12.00, in the district of a victim. His father applied for the disappearance resentatives of the so-called “L/DPR”50 Horlivka, Donetsk Oblast, unknown armed men who of his son to all authorized law enforcement agen- September 5, 2014, about 14.00, on the called themselves the “DPR army” stopped the bus, cies (SSU, PGO, Ministry of Internal Affairs). Crimi- Several typical cases of intended killings Schastya — Metalist highway in the district of Ts- in which was K. who was heading to Artemivsk, where nal proceedings were opened on the fact of human that have occurred are listed below vitni Pisky village, of the Slavyanoserbsky District he served in the special police patrol “Artemivsk”. Ac- abduction and were closed on 6/11/2014 due to the Circumstances of committing separate crimes of Luhansk Oblast, near the bus stop “Privitne”, the cording to the driver’s explanation, during the check fact that the information did not find confirmation. Event on the killing of firearms by the so-called person Sl., carrying out the transportation of the of documents and passengers’ things, the militants As there were no information about K. for about “L/DPR” representatives49 personnel of the combined unit of 24 TDB “Aidar”, found the uniform and a certificate of the police em- 5 months, on December 9, 2014, his father applied On August 22, 2016, around 22:00, when the got into ambush, which was arranged by fighters ployee of the person of K., after which he was forcibly a statement about the commission of a crime and mother slept, the person S. heard a noise and loud of the shock troop “Rusich” under the command of detained. There is evidence that the person K. was after groundless lawsuit by the law-enforcement crack. He went to her room in order to see what had the Russian mercenary Milchakov Alexei Yuriyovych sent to the building of the management of the fight system, information about the criminal offense happened. The window under which the bed of his (S5153), call sign “Serb”. The person Sl. was cap- against organized crime in the city of Horlivka. was brought to the Unified Register of Pre-Trial In- mother was, was broken. She had her hand shot and tured undamaged, without any injuries, alive and In general, there is not much to know about being vestigations and the investigation started, namely: the blood flowed. He quickly put the ropes on the well. This fact is recorded in the video. in captivity of K., as on July 14, 2014, on the day of 13.08.2014 under Art. 146 (illegal confinement or abduction of a person); 05/24/2016 under Art. 115 49 KHPG archive, SLC’s fund, inventory 1, file S-18. 50 See MB data base, case No. P632. 51 See MB data base, case No. 1247. (intentional murder) and under art. 146 (illegal con-

28 ALLEGED CRIMES ALLEGED CRIMES 29 finement of liberty or abduction of a person); May A few days later, the unknown with the call sign phasizes that a significant number of civilians con- attacks were massive, characterized by high fre- 25, 2016, under Art. 115 (intentional murder). “Kot” called on the O.’s mobile phone, which was tinue to live in villages and cities near the contact quency, committed collectively at a high degree of at home, and said that the person O. is with “them” line. Although most of the civilian casualties caused severity, and also targeted at a significant number 52 Event on torture to death of religious figures and “they” can shoot him. by shelling and firefighting were reported as a by- of civilian casualties. The criterion of ‘large-scale’ product of incidents where civilians were not di- In June 2014, after the Liturgy for the Trinity, pro- O.’s wife at that time did not understand what is evidenced by the geographical limits of the at- rectly targeted; Civilian casualties are still a serious Russian separatists in Slavyansk abducted 4 Protes- had happened and did not understand at all where tacks, which cover about 25 km along the more concern.54 tants. The reason for the abduction was that some- her husband was. A few days later, they called O.’s than 400-kilometer contact line. In the areas indi- one told the terrorists that the churchmen of the wife again and said that her husband was in Do- In the period from April 2014 to June 2018, we re- cated below, the scale of incidents and ruined pro­ Church of the Transfiguration helped and nourish netsk and she could pick him up. corded and documented a multitude of facts of mas- perty, injuries and murders was one of the highest the soldiers of the Ukrainian Army and the National On April 12, 2015, the O.’s wife arrived in occu- sive indiscriminate bombardment. As a result of throughout Ukraine. As a result, the number of vic- Guard, stood at the checkpoints around the Slavy- pied Donetsk but did not find her husband. April 15, such bombardment, the authors documented and tims was registered in Mariinka, Avdiivka, Yasinu- ansk and may report on the actions of the terrorists 2014, the O.’s wife went back to Donetsk, after which submitted to the KHRG database over 1800 deaths vataya, Ilovaysk, , Debaltseve, Gorlovka, the “investigator of the MSS of the DPR” invited her in the Donetsk Oblast and about 800 deaths in the Donetsk, Popasnaya, Pervomaysk, Stanytsia Lu- to the morgue for identification. The person O. was Luhansk Oblast, 3955 cases of civilian casualties in hanska and Luhansk districts, one of the highest killed on April 12, 2015, his body was found in a gar- the Donetsk Oblast, and 1310 wounded in Luhansk, among the indicators of the level of violence in the bage can. The man’s body was dressed in a pure more than 14 000 cases of damage to residential settlements along the contact line. military uniform of the Armed Forces and a white buildings and infrastructure objects in the settle- T-shirt. On the corpse of O., there were numerous ments both in the government controlled area and, 55 marks of torture, and he lost body weight more than in the area, controlled by the so-called ‘L/DPR’. 40 kg. 04/18/2015 the wife took away the corpse of According to the Luhansk Regional Administra- O. and buried him in the village Novotroitske. tion, in total in Luhansk Oblast about 9,000 objects, Considering the large-scale and systematic mur- including 7,000 residential buildings, 32 bridges, ders, in eastern Ukraine, there have probably been 94 medical establishments, 113 educational estab- crimes provided for in p. a) of part 1 of Art. 7, p. i) lishments, 14 industrial objects, 79 cultural and sports institutions were destroyed.56 The mass grave of civilians who were killed p. a) part 2 of Art. 8 of the Rome Statute. by the armed formations of “DPR” According to the Donetsk Regional Military and in Sloviansk Civil Administration, more than 7,000 residential buildings, 21 medical facilities, 27 general schools, According to witnesses who survived, after 13 pre-school establishments, 7 vocational schools, being abducted, the captives were tortured in pur- 5.2. Destruction of civilian 14 cultural establishments and 19 industrial facili- pose to find some information about the Ukrainian objects ties were destroyed in the Donetsk Oblast.57 army, and then they were shot the next day, June 9. We have objective reasons to consider that the “The bodies of the dead were buried by terrorists in According to the HRMM, during the entire period described events fall within the characteristic of an a mass grave on the territory of the Children’s Slavy- of the conflict, from April 14, 2014 to May 15, 2018, armed conflict both international and non-interna- ansk Hospital, along with two dozen bodies of ter- at least 2,725 civilians died: 1,668 men, 961 wom- tional aspects (see Section 6). rorists,” said Anton Herashchenko, the head of the en, 93 boys, 47 girls, and 56 adults of unknown sex. The overwhelming majority of hostilities and at- Interior Ministry’s adviser. According to HRMM estimates, the total number of tacks on civilians took place in settlements located civilians injured in the armed conflict is between 7 directly in or in the immediate proximity to the con- Event on human death in the MSS of the “DPR” and 9 thousand.53 tact line. Avdiivka In addition, the HRMM emphasized that the con- At the beginning of April 2015, the person O. left We are convinced that there are substantial tinued use of inaccurate and/or explosive weapons the house and went to the place of his work, namely grounds for believing that attacks on civilians are Indiscriminate shelling in the Kramatorsk area by the parties to the conflict remained the main to the ore deposit in the city of Dokuchaevsk, Do- in accordance with the broad-scale criterion: the led to the deaths of more than 40 people, causing netsk Oblast. By that time Dokuchaevsk was under concern for the protection of civilians. HRMM em- bodily injuries to 140 people.58 In the Avdiivka dis- the control of the IAG “DPR”. His cell phone O. left 54 Ibid sh. 19. trict, at least 90 people were killed and more than 53 Report on the human rights situation in Ukraine 16 No- at home and his wife had no connection with them. 55 Annex 10, p. 25, 26. 1,000 residential buildings and more than 30 civi­ vember 2017 to 15 February 2018, HRMM, (online), 2018 56 , para. 16. 57 Ibid p. 21. 58 Ibid p. 11, 12.

30 ALLEGED CRIMES ALLEGED CRIMES 31 lian infrastructure were destroyed.59 In the Mariinka mental thermal station in Zugres, Donetsk region, Our house was torn by an explosive wave. But brought to justice, and the investigation is carried region, we recorded 56 deaths and 106 wounded ci- and events on October 14, 2014, when the funeral something that did not break, still burned in the fire, out formally.67 vilians, about 2000 civil infrastructure objects were procession in Sartana was fired by the IAG. which took up the explosion. As a result of the event, damaged. Therefore, the authors believe that the I stayed without a wife and house ...‘64 The person В-04 who lived on the Ostrovsky 8/2 attacks match criteria for the ‘large-scale’ test.60 Events that occurred on July 2, 2014 street and suffered from airstrikes, describes the In addition, the authors believe that there are in Stanytsia Luhanska Another eyewitness of the event, a person В-03, events as follows: ‘One morning, at 10 o’clock the significant grounds for believing that the attacks who survived the air strike just because of a happy police was bombed from the plane, and at 10:45 was On July 2, 2014 (when the settlement was un- were ‘systematic’. The attack is systematic when event, but whose house was badly damaged, men- Ostrovsky Street. I was at that moment on the ve- der the control of the IAG), about 10 hours, cluster it involves ‘the organized nature of the acts of vio- tions events on July 2, 2014. ‘On July 2, 2014, during randa, preparing a dinner... I heard the buzz of the bombs were dropped from a Ukrainian plane to lence and the inability of their accidental occur- a massive shelling and air strike, a shell got into my plane, people went out to the street to see where it a police station located on the street Moskva-Don- rence.’ It should be noted that the attacks on the house. I was at home and just because of a lucky was flying, the doors of the veranda were open and bas, and the building of the local court was dam- civilian population were rather organized than chance I am alive. When I heard a buzz, I hid in the in a moment it was darkness, noise, crack, gas blew aged. About 11 o’clock (according to testimonies, spontaneous. The organization of attacks indicates cellar that was in the house. I waited out a shelling out, everything collapsed, it deafened me, and I did airstrikes began at 10:45) another air raid was their prevalence and diverse territorial orientation. there. When I finally got out, I saw that my house not hear anything and explosions too, came to life made, now the object of the shelling was the Ostro- Only in the controlled area of the Donetsk Oblast, was almost completely destroyed. The direct hit under the shatters, everything was wet (because of vsky street, located near the railway station ‘Stara as at the end of February 2018, more than 10,000 of the shell knocked down all the windows in the blood), broken knees, hands, face, all crippled with Kondrashevka’ in the Stanytsia Luhanska. During house, the roof was broken, two walls were broken. objects were completely destroyed or partially dam- glass. Lord, how was it: the walls were broken, no the second raid, 9 people were killed as a result of In the house there was a fire, and it destroyed all aged, in particular: about 7,500 private and com- windows and no doors, furniture was broken ... the shellburst, 11 people were injured, and 7 build- household appliances and furniture. When I went munal property, 70 health facilities, 176 general On the street everything burned, opposite the ings were damaged.63 out into the street, I simply lost my ability to speak: schools, 86 pre-school establishments, 28 voca- house O. E. held her son V., on July 1 he turned the houses burned, everything was in the soot and tional schools and 19 higher educational establish- 5 years. He died in her hands. E.V died, he was 61 burnt, the puddings were hanging on trees like gar- ments, 26 physical culture and sports objects, etc. Person B-01 describes the events of that tragic a father of V. K. L. was killed walking for the water. lands. Going down the street, you could see bodies, As of January 20, 2018, as a result of military day: ‘At the time of the airstrike, which occurred on К. М., І. S., S. D., all were rejected. K.M. was thrown or their parts: the leg, the arm were torn apart...’65 actions in uncontrolled areas of Donetsk Oblast, July 2, 2014 at 10.40 AM, I was in the courtyard of my on apricot three, I. S. and S. D. — in the next yard. Person B-02, the direct witness of the events, more than 26 thousand residential buildings were house, my wife went through the yard to the neigh- S. D. had no half of the head, I. S. had no arms or remembers that fatal day: ‘On July 2, 2014, at about partially damaged or destroyed, in particular: more bors to get water. legs. V. M. was killed between the house and the 11 am, my wife and I were at home when we heard than 6800 in Donetsk, more than 260 in Debalt- Before the explosion, we heard the sound of shed... Behind the shed in the garden, they found the sounds of an airplane, they began landing and seve, more than 500 in Gorlovka, more than 300 a flying aircraft, from the engine house, then there A. P. still alive, and he died in the hospital. His son exploding shells on the Ostrovsky street and one of in Yenakiyevo, more than 1000 in Makiivka, 750 in was a strong whistle. I sat down near the wall of Y. was alive, but shell-shocked. G. T. and R. A. died 62 them hit my house. A fire started because of the ex- Khartsyzsk, 580 in Yasinuvataya. my house, then there was a strong explosion, and 68 plosion, I was injured by the shatters of the shell. at the hospital, their house was burned ...’ the shatters of destroyed buildings fell down on my The pieces of the shell struck me in both legs. Circumstances of committing separate crimes head. When I opened my eyes, it was dark as night At that time, my wife ran out of the house, Another witness of the event, person В-05 re- because of burnt and dust. When the dust settled, In the future, we consider it necessary to high- because she was trying to hide in the summer members that day ‘On the day of the air raid, I heard I ran out to the street and tried to find a wife. Along light, in our opinion, one of the most flagrant cases douche, but she was killed by shatters. My son about the airplane buzz and explosions somewhere the way, I saw the torn bodies of my neighbors: with- of indiscriminate attack on the civilian population and I pulled our wife out of the shatters, but we around 10-10:30. I asked a neighbor K. where the ex- out hands, without legs, and those who was torn and civilian objects. To such cases, we attributed air- could not help her, and she died. The house with plosion was, and he said: ‘The planes dropped the strikes to Ostrovsky Street in the Stanytsia Luhanska apart at all... They were hanging even on the threes. all the furniture and documents remaining in it, bombs to the police, a friend called him, she worked of Stanychno-Luhansk district of Luhansk Oblast, After 10 meters I saw my wife. She was laying burned down‘.66 there...’ I went to the house, lie in the bedroom and which happened on July 2, 2014, events on August 13, face down near the stand-pipe from which she was Persons B-01, В-02 and В-03 appealed to law came to my senses when glass, doors and plaster 2014 — a massive shelling of cluster bombs of chil- taking water. There were two torn off footsteps ly- enforcement agencies of both Ukraine and the Rus- fell down on me. I barely got out of the house. Every- dren’s beach, city stadium, school No. 10 and experi- ing beside her. The wife was without consciousness sian Federation. Unfortunately, the guilty persons thing rebounded — doors, windows ... and tied up from the head to the feet with shatters. of his wife’s death have not been identified and On the street everything was burning, scream- 59 Ibid p. 19. She was taken to the hospital with a five-year-old ings were everywhere, the neighbor M. shouted 60 Ibid p. 20. boy. There they both died right away. 64 KHPG Archive, SLC’s fund, inventory 8, file 6. 61 Ibid p. 31–36. 65 KHPG Archive, SLC’s fund, inventory 8, file 8. 67 KHPG Archive, SLC’s fund, inventory 8, files 6–8. 62 Ibid p. 32–34. 63 Annex 29, p. 5, 16, 17, 63–65. 66 KHPG Archive, SLC’s fund, inventory 8, file 7. 68 KHPG Archive, SLC’s fund, inventory 8, file 9.

32 ALLEGED CRIMES ALLEGED CRIMES 33 ‘Valya... Valya...’, that was his wife, and she was and grandmother, hugged her, and the D’s mother pulled out. He did not recognize me for a long time. Events on October 14, 2014 in Sartana dead. was pregnant for 7–8 months, she clutched on the He said that his mother died on the beach. Yes, how (Donetsk region) The house next door burned, the barn burned. fence and screamed... And nothing could help her... he could recognize me (shows a photo), even I could October 14, 2014, a peaceful burial procession 73 I asked a neighbour about his wife, and he replied: There were two boys there, one had a footstep sev- not recognize myself...‘ fell for artillery shelling. About a hundred inhabit- 69 ‘she is killed’... ered, he was taken away (to the hospital), and D. Another eyewitness of the events, the person ants of Sartana were returning from the cemetery, was lying, because all the major arteries were dam- B-06, who was at the moment of the shelling in where they buried their fellow villager. About aged, he, apparently, even did not understand what the house and saw a flame, claims the following: 14 o’clock the shelling began. Several shells hit di- 71 happened...‘. ‘I was sitting opposite the window, and the window rectly into a crowd of people, resulting in 7 people The largest number of civilian casualties was was closed with a metal sheet. It was so unexpected died right away, and 17 received fragile injuries of concentrated on the children’s beach, 14 people, and loud that we immediately sat down... glanced varying degrees of severity. Witnesses claim that including children, died right away because of ex- at the window, and there was a flame from the side the shelling was held from the side of positions plosion and another person died on the way to the of Khartsyzsk (uncontrolled area)... And then every- that were controlled at that time by members of the hospital. Another 19 people were injured in various one said ‘There was a plane and it bombed from the armed groups of the so-called ‘DPR’. 72 degrees of severity. plane’ and I had only this picture in front of my eyes The shelling was not expected, 18 shells were (the flame), I have not heard the buzz, peculiar to thrown on the village, probably 4 of them hit direct- Person B-07, who was seriously injured, de- the plane. It was bombed from ‘Grad’, I saw shatters ly in the funeral procession. Two shatters of shells scribes the events that happened: ‘About 18 hours of the ‘cassette’ shell, such metal shatters like pen- were found at the scene of the crime. Ostrovskogo Street after the airstrike on August 13, 2014, me along with my son (born cils, sealed in plastic... According to witnesses, corpses and wounded in 2010), as well as a neighboring girl who had I’m sure that it was not a plane, the planes did persons after the firing were scattered at an area Events on August 13, 2014 in Zugres Down syndrome, passed by a children’s beach... somewhere 50 to 30 meters near the Krajina and (Donetsk Oblast), controlled by IAG not fly at all, it was bombed by ‘Grad’ from the cem- We stopped at the beach... There were a lot of people etery near Khartsyzsk... At night, at 12 o’clock, there the General Kurichi streets crossing in Sartana.75 We consider it necessary to report on the events on the beach, I heard a loud sound, cluster bombs went unknown people in uniform under windows, Person В-08 describes the above-mentioned of August 13, 2014, in particular the shelling of chil- were falling from the sky... I did not see the plane. gathering shatters, and I thought why did they do it events: ‘At the beginning of the anti-terrorist op- dren’s beach, city stadium, school number 10 and The first shell hit the water, the next fell straight to so urgently. Then I saw that they (people in the uni- eration in the east of Ukraine, I used to live with my thermal station in Zugres by cluster bombs, which the beach. I grabbed the children and hid behind form) were standing, looking at the shell crater, and sons Vitaliy, Danil, Maxim, and their mother, Halyna caused deaths of 15 people, and other 19 injured in the concrete blocks... I covered my children with my puddling blood, then pointing towards Khartsyzsk Volodymyrivna, in Sartana. various degrees of severity. We do not have accu- body, the last thing I saw was the hand of my son... and laughing... On October 14, 2014, about 100 residents of Sar- rate information about the amount of property de- I recollected myself in morgue, I was originally The next day I went to work, a car with representa- tana participated in the funeral procession, burying brought there, but when I showed the spark of life, stroyed during this shelling, but one of the witness- tives of the IAG went to the city and all of them said that a fellow villager, Mariia Papush, and my mother was I was transferred to the hospital. I was diagnosed es reported that part of the thermal station building yesterday it were bombed from Ukrainian plane...‘.74 among them. was destroyed, glass was dropped out in houses in with a craniocerebral trauma, a slaughter of the mid- At about 4:00 pm, returning from the cemetery, the area of fire, some of them rubbed with shatters. dle cerebral brain with a contusion of frontotemporal the mourning procession was subjected to the ar- On the territory of the tenth school two children particles; multiple fractures of the base of the skull tillery shelling from the side of the so-called ‘DPR’. who played tennis in the school yard were injured. and the facial skeleton: of the coronoid process of the My mother was torn with a shell, cutted down with One of the boys (16 years old) died right away from mandible on the left, the lower ridge of the maxilla to shatters, laying in a puddle of blood at the crossing of the fact that the shatters of the shell got into his the right, the greater wing of sphenoid bone, maxil- the two streets. My son, Maxim, who received a psy- flank, the second boy was injured.70 lary antrum, the arches of the zygoma, the frontis to chological trauma, saw all of this, and he stopped to the right, subarachnoid hemorrhage, traumatic dam- sleep at night, began to scream and cry...‘.76 Person B-06 remembers the events: ‘I was go- age to the right eyeball, penetrating wounds of the The direct victim, a person В-09, who was injured ing home from my relatives, my house was located abdominal cavity with the presence of embedment in and whose aunt died on October 14, 2014, describes just opposite the tenth school. I saw the people, the projection area of the stomach and duodenum; the events as follows: ‘On that day we buried Mariia I asked them about what was there... The ritual car hepatomegaly, fractures of two ribs. and were already returning from the cemetery, go- overtook me, and my neighbor said, there the D. G’s My son also suffered, the fragments hit the hand The monument for the people killed as a result ing to the commemoration, when suddenly heard child was killed by a shell... I saw the grandfather that fell from under me, and still they have not been of the airstrike on the children’s beach in Zuhres the explosions, then was the bright burst, and since

69 KHPG Archive, SLC’s fund, inventory 8, file 10. 71 Ibid. 73 KHPG Archive, SLC’s fund, inventory 8, file 12. 75 KHPG Archive, SLC’s fund, inventory 8, file 14. 70 KHPG Archive, SLC’s fund, inventory 8, file 11. 72 Ibid. 74 KHPG Archive, SLC’s fund, inventory 8, file 11. 76 KHPG Archive, SLC’s fund, inventory 8, file 15.

34 ALLEGED CRIMES ALLEGED CRIMES 35 then I did not remember anything. I came to my controlled by Government of Ukraine, the so-called man shields’ refers to ‘civilians or other protected the middle of residential areas or protected objects senses in the hospital, I had open penetrating cra- ‘DPR’ and so-called ‘LPR’ placed their combat po- persons whose presence or movement is directed in the settlements that are located on contact line, niocerebral trauma, broken parietal bone, all face sitions, support points and fire points in the pro- or used to provide a military purpose or defense as well as in the areas controlled by armed groups, cutted, hands and fingers deeply wounded... tected objects and/or in the residential areas in the against military operations.’ The use of human is observed in settlements: Luhansk, Horlivka, Then I enquired that my aunt did not survive, HS located near the contact line. From these exact shields, both in international armed conflicts and Yenakiyeve, Donetsk, Pikuzy, Samiilove and in the died right away, bleed to death... positions the parties to the armed conflict carry out in non-international armed conflicts, is considered government controlled areas: Stanytsia Luhanska, And I still feel guilty because I survived, but she shelling, using a protected object and/or a person a violation of international law.81 Pactional legisla- Avdiivka, Khlibodarivka, Luhanske, Svitlodarsk, died, and why six more died? Why?..‘77. to conceal military actions. Also, the ICC Prosecutor tion prohibits such practices in international armed Raihorodtsi. For more details on the systematic and in his report outlined alleged war crimes, namely, conflicts and indirectly in non-international armed widespread nature of alleged war crimes in eastern ‘during the armed conflict, hundreds of civilian ob- conflicts. Ukraine, see Chapter 4. jects including houses, schools and kindergartens were allegedly destroyed or damaged, mainly by fire, both in government controlled and non-govern- Circumstances of committing separate crimes ment controlled areas. In some cases, it is assumed Luhansk, Luhansk Oblast that the firing of such objects was intentional or Detailed information about the dead, wound- indiscriminate, or that civilian buildings, including ed and destroyed property in Luhansk during the schools, were used improperly for military purpos- armed conflict is given in Appendix 10. Since April es.’ Moreover, the OSCE SMM in its thematic report 2014, the city is de facto controlled by the so-called emphasized that ‘the armed groups continued to ‘LPR’ and considered as its capital. Luhansk is in- Sartana after the shelling deploy weapons and military equipment in popu- cluded in the list of cities of temporarily occupied lated areas. UAF also acted the same way.’78 In this So then, the above-described attacks go beyond territory by VRU.84 In June-July 2014, in the west from section, we provide information on probable war the boundaries of simple non-selectivity. The wide the center of Luhansk there were fighting between crimes by the parties to the armed conflict, namely Stanitsa Luhanska spreading of documented attacks on these settle- the parties to the armed conflict. Armed groups of the use of protected persons and objects that were ments indicates a clear neglect by attackers of the The use of civilians and security objects as ‘hu- the so-called ‘LPR’ set up a checkpoint and a refer- inappropriately used for military purposes/actions lives of civilians and the availability of civilian infra- man shields’ is systematic and widespread to the ence point, from which they fired, in the city Gorky and/or the concealment of military goals/actions as structure. The intention to direct these attacks on armed conflict, starting in 2014. The ‘systematic’ park,85 near which at a distance of 200 meters there ‘human shields’.79 civilians may be deduced from the inability of the includes ‘the organized nature of the act of violence was a hospital.86 Also armed groups of the so-called ICTY in the Blaškić case concluded that ‘the de- 87 perpetrators to distinguish the civilian targets from excluding the probability of their accidental occur- ‘LPR’ placed an artillery position near the East ployment of a combat position, a support point, the military ones or the complete absence of pro- rence. Patterns of crime in the sense of not acciden- a headquarters in settlements with local popula- 84 portionality in the use of weapons when choosing tal repetition of similar criminal behavior on a regu- «Постанова Верховної Ради України «Про визнання targets. tion, which does not accept participation in hos- lar basis is a general expression of such a systematic деяких регіонів, міст, селищ Донецької та Луганської 80 областей тимчасово окупованими територіями» tilities, serves as the use of a ‘human shield’. 82 occurrence.’ Similarly, the term ‘widespread’ re- [Resolution of the Verkhovna Rada of Ukraine “On the In international humanitarian law, the term ‘hu- fers to ‘the scale of the attack and the number of recognition of some regions, cities, towns and villages victims.’83 The placement of combat positions, ref- of Donetsk and Luhansk Oblasts as temporarily occu- 78 pied territories”], VRU (online), 17 March 2015, 5.3. Using the presence «Тематичний звіт Труднощі для постраждалих від erence points or headquarters in the presence or in конфлікту цивільних осіб на сході України» [Thema­tic . of civilians or other report Hardship for conflict-affected civilians in eastern 85 Gorky Park, Luhansk, Google Maps (online), Ukraine], OSCE SMM (online), 16 February 2017, C(1)(іі) 81 Jean-Marie Henckaerts and Louise Doswald-Beck, CUS- . . 79 ary-international-humanitarian-law-ii-icrc-eng.pdf>. 86 During the armed conflict in eastern Ukraine «Звіт про попередню експертизу» [Report on Prelimi- Railway hospital, Luhansk, Google Maps (online), nary Examination Activities] 2017, ICC (online), 4 De- 82 Dario Kordić and Mario Čerkez, Appeal Chamber, ICTY en/cer-aj041217e.pdf>. 411fdad82efc57f3:0x98b3683ded8b287d!8m2!3d48.5 80 83 705643!4d39.2686558>. to believe that in the territory of armed conflict, Tihomir Blaškić, Trail Chamber, ICTY (online), 03 March Dragoljub Kunarac and others, Appeal Chamber, ICTY 2000, para. 716, (online), 12 June 2002, para. 93, 97 87 «16 червня, обстріл Луганськ» [Video “on 16 June, . aj020612e.pdf>. .

36 ALLEGED CRIMES ALLEGED CRIMES 37 Ukrainian University,88 which is located in a heav- are two checkpoints near Donetsk.93 Armed groups cover and concealment of hostilities.99 It is known military action in the event of fire106 in the direction ily populated district of Luhansk, and carried out of the so-called ‘DPR’ are fighting positions and that the armed groups of the so-called ‘DPR’ also of the enemy, as reported by a P-02 person. (Appen- shelling, covering with the civilian population.89 In checkpoints in the middle of residential neighbor- placed their combat positions (Appendix No. 28, dix 22). Also, due to the close location of Avdiivka to addition, the armed groups of the so-called ‘LPR’ hoods because of their proximity to contact line. Article 62) in the immediate vicinity of the heavily Donetsk, armed groups of the so-called ‘DPR’ carry 90 used the roof of the school for shooting. Due to For example, in the heavily populated residential populated residential district of Donetsk on Biryu- out shelling from residential neighborhoods loca­ the placement of combat positions in the immediate district ‘Shyrokyi’94 on the outskirts of Donetsk zova Street100. In this residential quarter there were ted close, covering their military actions. vicinity of the protected objects and persons, the there is a military position of the armed groups of compactly located high-rise buildings, two schools armed groups of the so-called ‘LPR’ subjected civil- 95 the so-called ‘DPR’. School No. 69 is located in No. 91101 and No. 98102, kindergarten ‘Ladushki’103 ians who did not participate in armed conflict to at- the immediate vicinity of the fighting position from and city hospital No. 25104. At a distance of 500 me- tacks by the enemy, which resulted in shelling and 96 97 98 which the fire is carried out. Civilians who ters north of this residential quarter, there is a Do- numerous casualties among the civilian population. are not involved in armed conflict have repeatedly netsk penal establishment No. 124105, which, due to confirmed that the armed groups of the so-called similar actions by the armed groups of the so-called Donetsk, Donetsk Oblast ‘DPR’ specially place military positions, support ‘DPR’ was often used as a ‘human shield’ to conceal See more about the dead, wounded and de- points and checkpoints in heavily populated resi- stroyed property in Donetsk during the armed con- dential neighborhoods, for the use of residents as 99 «Житель Донецька: ДНР розстрілює» [Video: A resi- flict in Appendix 10. Since April 2014, Donetsk is dent of Donetsk: DPR is shootingЇ, YouTube (online), de facto controlled by the so-called ‘DPR’ and VRU [Order of the Cabinet of Ministers of Ukraine “On ap- 19 January 2015, proval of the list of settlements in the territory of which . included it in the list of cities of temporarily occu- the state authorities temporarily fail to exercise their 100 Biriuzova district, Donetsk, GoogleMaps (online), pied territory.91 The contact line between the parties powers, and the list of settlements located on the line . .9814188,37.6443352,735m/data=!3m2!1e3!4b1!4m5! Donetsk, and somewhere in its streets, so there 93 3m4!1s0x40e099a335213bb1:0x44e6c7615d0cd084!8 «Перелік контрольних пунктів»[LIST OF CONTROL Horlivka, Donetsk Oblast POINTS OF ROAD-TO-VISIT ON THE AUTOMOBILE PATH- m2!3d47.9814152!4d37.6465292?hl=uk>. 88 Volodymyr Dahl East Ukrainian National University, WAYS], SSU (online), 14 April 2017, 101 Comprehensive school no. 91, Donetsk, Google Maps Detailed information about the dead, wound- Google Maps (online), . (online), ed and destroyed property in Horlivka during the . s0x0:0x130cbffa4bdef1ad!8m2!3d47.983603!4d37.64 37.764178,1472m/data=!3m2!1e3!4b1!4m5!3m4!1s0x4 a fire position, from which the fire was fired in the 89 «Почалася боротьба за Луганськ, терористи тікають» 0e096c10cb02a7d:0x738c3910970b1064!8m2!3d47.9 68849?hl=uk>. [The cuel fight for Luhansk has started, the terrorists 42477!4d37.7698347>. 102 Comprehensive school no. 98, Donetsk, Google Maps direction of the enemy, near the Michurinska penal 107 are escaping], Obozrevatel.ua (online), 13 July 2014, 95 Comprehensive school no.69, Donetsk], Google Maps (on- (online), establishment No. 57 , located on the northwest- . . was arriving near the penal establishment; from the dormitory of the Dahl University], 112.ua (online), 47.9421942!4d37.7681298>. 103 Ladushki kindergarten, Donetsk, Google Maps (online), it the shelling was carried out in the direction of 04 July 2014, 96 «Бойовики запускають ракети «Град»[Video: Mili- . . there were also bombardments in response’ (Ap- 91 75&v=-Jfog5e5WM4>. 104 «Постанова Верховної Ради України «Про визнання Hospital no. 25, Donetsk, Google Maps (online), pendix 23). In addition, the person C-05 confirmed деяких регіонів, міст, селищ Донецької та Луганської 97 «Відео: Донецьк. Бойовики запускають ракети „Град“ . hl=uk>. of Donetsk], YuoTube (online), 31 January 2017, pied territories”], ВРУ (online), 17 march 2015, 98 «Путін.війна. Злочини війни: росіяни знову стріляють 105 Donetsk prison no. 124, Donetsk, Google Maps(online), . . з того ж житлового району Широкий [Putin@war,

38 ALLEGED CRIMES ALLEGED CRIMES 39 that ‘there were often tanks or some other artillery covering by that establishment, said a person of ment body. In this building, the UAF set up a sup- Head Office120, Pension Fund Office of Ukraine121 in mount with heavy weapons near the establishment, С-01 (Appendix 27). Observers of the OSCE SMM port station, a warehouse of ammunition (military the Stanytsia Luhanska district of Luhansk Oblast, and they were shelling in the direction of the enemy recorded weapons and fire from residential areas equipment) and fire positions. The adjoining streets Department of State Registration of Civil Status for a long time. Meanwhile, those who served sen- of Horlivka, the settlement under the control of the were cordoned off by the Acts122 of Stanytsia Luhanska district and Branch of 111 tences were forced to hide in the cellars because ‘DPR’ . Moreover, members of the armed groups of (Appendix 28, Article 31). The building of the settle- the ‘Oshchadbank’123 of Ukraine. Also, in the ‘Report of the possibility of shelling in response ‘ (Appen- the so-called ‘DPR’ and so-called ‘LPR’ appealed to ment council, which hosts the UAF, is located in the on human rights violations in the zone of an armed local residents to use the roofs of their homes for 114 dix 24). Also, in Mykytivska penal establishment central part of the settlement. There are music conflict in the Luhansk Oblast — Stanytsia Luhans- 108 placing fire positions. So, on July 4, 2016, the OSCE 115 116 No. 87 , located in Horlivka, as claimed by the per- school , kindergarten No. 1 , district employment ka sector’ it is noted that the building of the school SMM recorded two explosions estimated as shots 117 118 son С-04, ‘representatives of the armed groups of center , center for social services , local branch was destroyed due to the close placement of the ar- the so-called ‘DPR’ installed a self-propelled artil- from a mortar from Horlivka, a residential area un- 119 of the Red Cross Society of Ukraine in the immedi- tillery position of the UAF (Appendix 28, p. 29). lery platform and howitzers on the territory of the der the control of the so-called ‘DPR’. On August 30, ate vicinity of the building of the settlement coun- establishment in the industrial zone’ (Appendix 25). 2016, in Pikuzy (formerly Kominternove) of Donetsk cil. Also, within the radius of 200–250 meters from Oblast, the settlement under the control of the so- Another person, P-03, who served sentences in the the building of the settlement council (municipal- 109 called ‘DPR’, the SMM recorded an anti tank guided Kalinin penal establishment No. 27 , said that ‘at ity), which hosted the UAF, there are: ‘Ukrposhta’ the colony, representatives of the armed groups of rocket stuck in the roof of the building. On the roof were also found used cases from a grenade ma- the so-called ‘DPR’ placed a firing point and fired 114 The building of the settlement council, Stanytsa Lu- chine gun, which confirms the location of the fire the enemy for the rest of the year, hiding behind the hanska, Google Maps (online), position on the roof. In the settlement Samiilove112, . controlled by the so-called ‘DPR’ members of the Also, we provide some information on the loca- 115 Music school, Stanytsa Luhanska, Google Maps (online), SMM patrol saw that two units were located near tion of checkpoints, support stations and military . One of the places of dislocation of military In our opinion, there are reasonable grounds to . 120 trial detention center located in the central part of Ukrposhta post office, Stanytsa Luhanska, Google tions, support points and headquarters in the im- 116 Teremok kindergarten no. 1, Stanytsa Luhanska, Maps (online), the city110, and fired in the direction of the enemy mediate vicinity of security objects can be qualified Google Maps (online), . Донецька+область,+84600/@48.3571304,38.012734 4d39.496472>. 121 Pension fund office of Ukraine, Stanytsa Luhanska, 7,1031m/data=!3m1!1e3!4m5!3m4!1s0x40e077bc9e45 Detailed information about the dead, wounded 117 District employment centre, Stanytsa Luhanska, Google Google Maps (online), bb6d:0xbc0a3f8a8969f640!8m2!3d48.3569934!4d38 and destroyed property in Stanytsia Luhanska dur- Maps (online), . . 9!4d39.4969408>. +міськрада,+Донецька+область,+84600/@48.3304 Ukraine were stationed, and subsequently began to 696,38.1422491,2042m/data=!3m1!1e3!4m5!3m4!1s0 118 Centre for social services, Stanytsa Luhanska, Google 122 Department of state registration of civil status, Stan- x40e0711b68e75713:0x996b5b383f2d47dd!8m2!3d48 be permanently based in the building of the settle- Maps (online), ytsa Luhanska, Google Maps (online), .3313171!4d38.1490541?hl=uk>. ment council, blocking the work of the local govern- . m5!3m4!1s0x411fc8656aa44a09:0xb9d46f17a0718f51! report Hardship for conflict-affected civilians in eastern 96,38.1422491,2042m/data=!3m1!1e3!4m13!1m7!3m6!1 119 Red Cross Society of Ukraine, Stanytsa Luhanska, 8m2!3d48.6422776!4d39.4976119>. Ukraine], OSCE SMM (online), 16 February 2017, C(1)(іі) s0x40e0711b68e75713:0x996b5b383f2d47dd!2z0JPQvt Google Maps (online), 123 Branch of the Oshchadbank of Ukraine, Stanytsa Lu- page 5, GA0LvRltCy0YHRjNC60LAg0LzRltGB0YzQutGA0LDQtNC- . MLCA4NDYwMA!3b1!8m2!3d48.3313171!4d38.1490541! 3093,382m/data=!3m2!1e3!4b1!4m5!3m4!1s0x411fc7e /@48.6428182,39.4965564,682m/data=!3m1!1e3!4m 112 3m4!1s0x40e0711b68e75713:0x996b5b383f2d47dd!8m Ibid, C(1)(i) page 5. 00a8872a3:0x7f88391592ce2cdd!8m2!3d48.6447165! 5!3m4!1s0x411fc86540409533:0x7f08eedb9ce4237b! 2!3d48.3313171!4d38.1490541?hl=uk>. 113 ibid, C(1)(i) page 7. 4d39.4954608>. 8m2!3d48.6422968!4d39.4980121>.

40 ALLEGED CRIMES ALLEGED CRIMES 41 Avdiivka, Donetsk Oblast neighborhood.128 129 Houses adjacent to the UAF’s remain in the houses of the local population and 5.4. Imprisonment 130 that it could be the cause of the bomb attacks from Detailed information about the dead, wound- firing positions are very damaged due to constant and other cruel which they will be forced to escape.’133 ‘Since the ed and destroyed property in Avdiivka during the bombardments, resulting in a fact that civilian pop- or unlawful deprivation end of June 2016, residents of Luhanske and Svitlo- armed conflict is given in Appendix 10. Due to ulation that does not participate in armed conflict, darsk of Donetsk Oblast, the settlements under the of physical liberty its geographical location Avdiivka is a strategi- is constantly in the center of fighting between the 131 132 control of the Government of Ukraine, reported to cally important position, resulting in fights on the parties to the armed conflict. The 2017 Prosecutor’s Office report states that the OSCE SMM that the UAF carries heavy artillery outskirts of the settlement. Starting from July 21, ‘it is presumed that in the context of the conflict every night and place their fire positions in residen- 2014, the city is under the control of the Ukrainian in eastern Ukraine, all parties were arresting and tial areas.’134 ‘In Rayhorodka of the Luhansk Oblast, government, with positions of the Armed Forces holding in custody both civilians and the opposing the settlement under the control of the Government of Ukraine. It is known that the Armed Forces of party militants. According to available statements, of Ukraine, observers of the OSCE SMM recorded Ukraine placed their positions at the Tuberculosis the Ukrainian Security Services were holding in cus- 124 the presence of military facilities in the building Dispensary of the city of Avdiivka. The medical fa- tody, without due process of law, both civilians and near the kindergarten, at a distance of 15 m from the cility is located in the private sector of the old part assertive members of armed groups, and the so- school. School staff told OSCE SMM observers that of the settlement, as well as in the immediate vicin- called ‘DPR’ and ‘LPR’ forces were arbitrarily detain- 125 they had no access to the basement, as well as ad- ity of the contact line. There is also a school No. 4 ing in custody and in many cases subjecting to ill- 126 ditional storage facilities, as they were occupied by and post office ‘Ukrposhta’ located 250 meters treatment civilians those suspected of supporting armed groups using them in their needs.’135 away. It is reasonable to assume that because of the Avdiivka In our opinion, there are reasonable grounds to Ukraine, as well as servicemen of the UAF. Accor­ location of the UAF in the premises of a tuberculo- ding to reports, both pro-Ukrainian forces and anti- Also, information about the location of check- believe that the location, base and arrangement of sis dispensary, this medical institution, as a secu- government armed groups used unofficial places of points, support points and military positions in the support points and the fire positions of the UAF is rity object, is constantly subjected to shelling from detention. During the conflict, hundreds of cases of 127 close proximity to the civilian population, thus cove­ a war crime, namely the use of the protected objects the enemy’s side. Also, according to the media, detention took place. In many cases, persons de- ring themselves to avoid attacks by the enemy is and other socially important objects near, as human since July 2015, UAF have placed a fire position and prived of their liberty were transferred to the other a checkpoint for artillery fire in the enemy’s direc- available. ‘Observers of the OSCE SMM witnessed shields, to reduce or eliminate enemy attack. party in the framework of the mutual exchange of tion in the immediate vicinity of a heavily populated the deployment of fire positions in populated areas In the actions of the IAG and the LAG in eastern captives, often after long periods of detention.’138 of Khlibodarivka of Donetsk Oblast, and residents Ukraine, there are likely war crimes and gross viola- In the course of activities aimed at gathering 124 tions of the rules of warfare. The presence of a civil- Avdiivka tuberculosis dispensary, Avdiivka, Google expressed their concern about the weapons that Maps (online), ian population not involved in the armed conflict, as information on human rights violations during an . jurisdiction of the RS137 and entail liability. of Ukraine there have been numerous cases of im- 4m5!3m4!1s0x40e0838daf9c0a3b:0x737918c3ba7ae1 125 Comprehensive school no. 4, Avdiivka, Google Maps a7!8m2!3d48.1271654!4d37.7495769>. prisonment or other cruel deprivation of physical (online), 129 133 liberty, which were used by both sides of the con- . . 126 Ukrposhta post office, Avdiivka, Google Maps (online), of the RS (Crimes against humanity) — in relation to kvartalah_885.html>. 134 . m2!3d48.1274928!4d37.7565148>. (online), article 28, 49, military actions. 131 127 «Газорозподільний пункт зруйнований і пошкоджені Paincliff, Ukrainian checkpoint «Razukrashka» in Avdi- . ihl/ihl.nsf/AE2D398352C5B028C12563CD002D6B5C/ aged in Avdiivka due to shelling], 112.ua (online), 12 Au- 132 «Відео: Обстріл Авдіївки: бойовики б’ють по живій FULLTEXT/ATTXSYRB.pdf>. 138 gust 2015, будівлі» [Video: The shelling of Avdiivka: Militants are 137 Rome Statute of the International Criminal Court], ICC (on- Report on Preliminary Examination Activities 2017. . . 4f84-be94-0a655eb30e16/0/rome_statute_english.pdf>. rep/2017-otp-rep-PE_ENG.pdf>, para. 107.

42 ALLEGED CRIMES ALLEGED CRIMES 43 tains signs of both non-international and interna- were found places of detention in 17 HS, in particu- Though most of the detainees are activists, jour- On December 9, the head of the Main Investiga- tional character, and there are reasonable grounds lar: Luhansk, Alchevsk, Antratsit, Khrustalny (Krasny nalists and city deputies, public organizations in tion Department of the SSU announced that the IAG to believe that during the armed conflict in the East Luch), Sorokyne (Krasnodon), Lysychansk, Pere- Donetsk highlighted this phenomenon as a grow- are holding 684 people. As of February 4, 2015, the of Ukraine acts introduced in relevant paragraphs of valsk, Pervomaysk, , Sverdlovsk, Severodo- ing structure of the systematic persecution of civil number of civilians held by armed groups is esti- Articles 7 and 8 of the RS were committed. netsk, Kadiivka (Stakhanov), Mikhaylivka.141 society. According to them, fears in the Donetsk mated by the Government of Ukraine over 400.150 and Luhansk Oblasts are spreading with an increas- The length of the period for detainees varies con- Violations by the IAG ing number of acts of intimidation and violence by siderably — some are held for several hours, oth- General information on illegal and arbitrary (in the non-government controlled areas) armed groups targeting ‘ordinary’ people who sup- ers — for several months. In most cases, the release deprivation of freedom of people during port the unity of Ukraine or openly oppose any of depends on factors such as the availability of some- In the vast majority of cases of imprisonment 151 an armed conflict in eastern Ukraine the two ‘people’s republics’.146 thing for exchange, for example, money. and other cruel or unlawful deprivation of physi- Places of unlawful detention On November 3, the head of the Luhansk regional The motivation for abduction and arresting by cal liberty, irrespective of the specific form of such administration announced the release of 26 people armed groups is: According to information received by the KHRG actions in any form (abduction, including for the who were subjected to enforced disappearance or a) exchange with detainees held by the govern- during the monitoring visits, as of August 2016, purpose of ransom, illegal detention and holding arbitrary detention in the government controlled ar- ment; 246 personal stories of people in captivity and in illegal places, capture of hostages) in the vast eas. On November 17, 7 people arbitrarily detained b) getting some influence on the situation; about 146 illegal places of detention were known, majority of cases was not an end in itself, but was on November 10–15 by the ‘Aidar’ battalion were c) extortion of property or money; of which 79 were held in Donetsk Oblast, 62 in Lu- combined with torture and other forms of ill-treat- released after the intervention of the Luhansk Re- d) a source of labour for digging trenches and hansk Oblast, 1 place in the Kharkiv Oblast and 142 ment. And in a number of cases, with the murder 147 preparing military barricades; 1 place in Dnipro city. 139 places of detention were gional State Administration. of a person (torture to death), as indicated in the e) opportunist ‘arrests’ of people; and created by the illegal armed groups operating in On November 19, 2014, the SSU reported that subdivisions ‘5.4 Torture and Inhuman Treatment’ f) ‘internal discipline’ of the armed groups them- the occupied part of the Donbas with the support of from the 2,027 people with an updated list of miss- and ‘5.1 Kills’ agreeably. selves.152 With these actions, armed groups the Russian Federation.139 As a result of monitoring ing persons, about 1,000 were ‘detected and re- According to the information contained in the continued to execute their power over the in the Donetsk Oblast, the places of detention were leased,’ while 378 Ukrainian servicemen, two jour- periodic reports of the HRMM,143 starting May 15, popu­lation in rude and harsh ways.153 determined in 23 settlements: Donetsk, Horlivka, nalists and an unknown number of civilians were 2014, the IAG increasingly violated human rights, On the basis of the collected data, it is possible Toretsk, Dokuchaevsk, Debaltseve, Druzhkivka, believed to have remained at the disposal of IAG. including abduction, torture and ill-treatment, ille- to conditionally categorize places of detention used Kostyantynivka, Kramatorsk, Ilovajsk, Makiivka, On November 20, the Public Center for the Libera- gal detention and murder.144 by illegal armed groups for the apprehension of de- Slavyansk, Snizhne, Starobesheve, Chystiakove (To- tion of the Prisoners estimated that the number of May 26, 2014 OSCE SMM lost contact with one tainees in the following categories: rez), Khartsyzsk, Shakhtarsk, Yasinuvata, Olenivka people held by the IAG exceeded 650. According to Donetsk team consisting of four people in Antratsyt • premises of law enforcement agencies (Secu- (Volnovakha district), Novokaterynivka (Starobe- the SSU, by November 19, Ukrainian law enforce- city. May 29, contacts were lost by another team of rity Service of Ukraine — SSU, Interior Ministry sheve district), Kodema (Bakhmut district), Zaytseve ment agencies released 200 ‘fighters suspected of four in the Luhansk Oblast. As of June 7, eight mem- of Ukraine — IMU, Prosecutor’s Office); (Bakhmut district), Chervonosilske (Amvrosiivka dis- terrorism or related crimes’ within the framework of bers of the SMM remained detained and their loca- • administrative buildings of local authorities trict), Dzerkalne (Amvrosiivka district). Debaltseve, exchanges of prisoners under the Minsk Protocol.148 tion was unknown.145 (region, city and district councils, state admin- Khartsyzsk, Kodema village (Bakhmut district), Zay- The persecution and intimidation of people sus- istrations); tseve (Bakhmut district), Chervonosilske (Amvro- pected of supporting the Ukrainian forces or simply 141 Ibid sh. 4, • military enlistment offices and military units; siivka district) — are new places compared to the having pro-Ukrainian sympathies (or perceived as 142 • office premises; 140 «Підвали Донбасу. Жорстока правда про полон. previous research of the Coalition. Accor­ding to Ті, що пережили пекло: Свідчення жертв ув’язнень на such) remain widespread and include deprivation • private houses; the database of the SP, in the Luhansk Oblast there Донбасі» [Basements of Donbas. The cruel truth about of liberty and property, humiliation in public places, • hotels, shared households; captivity. Those who survived hell: Evidence of the vic- and imitation of the death penalty.149 tims of imprisonment in Donbas], 13 December 2016, 139 «Підвали Донбасу. Жорстока правда про полон. Ті, що . 150 Ibid para. 41. пережили пекло: Свідчення жертв ув’язнень на Дон- 146 143 UN OHCHR, Reports on the human rights situation in 151 басі» [Basements of Donbas. The cruel truth about cap- UN OHCHR, Reports on the human rights situation in UN OHCHR, Reports on the human rights situation in Ukraine. 15 June 2014, tivity. Those who survived hell: Evidence of the victims of Ukraine. <>x. Ukraine. December 2014 to 15 February 2015, 15 Febru- , para. 20. . Ukraine. 15 May 2014, 140 Volodymyr Shcherbachenko Ganna Ianova Olexandr , para. 58; UN OHCHR, Reports on the human rights situation in UN OHCHR, Reports on the human rights situation in Ukraine During the Military Conflict, HDIM Warsaw, 145 UN OHCHR, Reports on the human rights situation in Ukraine, 15 December 2014, Ukraine, 15 July 2014, 2016, Coalition “Justice for Peace in Donbas”, sh. 4. Ukrain. 15 July 2014, , пар. 44. Ukraine_Report_15July2014.pdf>, para. 42. for_peace_in_Donbas_EUCCI_Illegal_detention.pdf>. Ukraine_Report_15July2014.pdf>, para. 26. 149 Ibid para. 40. 153 Ibid para. 40.

44 ALLEGED CRIMES ALLEGED CRIMES 45 • catering facilities (cafes, restaurants); for the detention were the following: violation of the inhabitants of the territories controlled by the so- Among them are: the railway hospital in Nova Kon- • enterprises (factories); curfew, suspicion of the use of alcohol or drugs; po- called ‘DPR’ and ‘LPR’, and 20.7%160 — those who drashivka, the ‘Motobond’ shop, the service station • auxiliary buildings (sheds, car boxes, etc.); litical views and suspicion in support of the UAF or were temporarily in the zone of armed conflict.161 at the entrance to the village, the storage premises • others (drain covers, cages). volunteer battalions; abduction in order to obtain in the center of the village, the storage premises of Most often detained persons are held in the build- redemption; affiliation with the UAF or volunteer the ‘Ksenia’ store.164 ings of law enforcement agencies, administrative battalions.156 Illegal deprivation of liberty buildings of local self-government bodies, premises Since June 5, 2014, there have been cases where on the part of LAG of enterprises and catering establishments. Taking drug users (even those who are in remission) and (on government controlled areas) into account the status of these ‘republics’, all plac- people living with HIV/AIDS have been detained by Among the documented cases of illegal deten- es of detention of people on their territory can be armed groups because of their status. It is reported tion, eight occurred on the government controlled considered unofficial, even those that are specially that some of them are tortured and held in base- area, from the representatives of the volunteer bat- equipped to perform these functions (for example, ments. The families of detainees often have to pay talions and the National Guard of Ukraine. Accord- 157 temporary detention facilities of the internal affairs a ransom of $200 to $1,000. ing to eyewitnesses, about 40 detainees are report- 154 agencies, pre-trial detention centres). ‘Ministry of State Security (MSS)’ of so-called ed. Among the reasons for the detention were the The following places of detention of people by ‘DPR’ acknowledged that in 2017 it detained 246 peo- following: suspicion of sympathy with the Russian- IAG with the greatest number of prisoners were ple for ‘suspicion of espionage and lese-majesty’, of separatist forces; journalists and volunteers sus- One of the rooms in Stanitsa Luhanska documented: which 148 lived and worked in a territory controlled pected of espionage; abduction in order to obtain where the prisoners were held • Office of the SSU (Donetsk city, Shchorsa by armed groups. Persons detained by the ‘MSS’ ransom. In addition, monitors know about other In general, several dozens of applications were street, 62) — more than 200 people; of so-called ‘DPR’ and so-called ‘LPR’ were initially categories of victims, who, however, refused to tes- made to law enforcement agencies about the crimes • The former military unit No. 3037 (Donetsk held in custody (up to 30 days) without communica- tify because of the fear of retaliation.162 committed by soldiers of the ‘Tornado’ battalion. city, Kuprin street, 1) — more than 190 people; tion with the outside world.158 In addition, some activists are detained by Approximately the same — against the ‘Chernigov’ • Factory ‘Isolation’ (Donetsk city, Svitlyi shlyakh According to information received by the Coalition Ukrainian law-enforcement and voluntary battal- soldiers. Most of the citizens who suffered from so- street, 3) — 190 people; of Organizations and Initiatives ‘Justice for Peace in ions, who allegedly committed crimes under article called ‘elimination’, refused to describe their sto- • The building of the Office of the SSU (Luhansk, Donbas’, 47.3% of the persons illegally deprived of 258 (terrorism) of the Criminal Code. The HRMM was ries in writing, fearing for their safety.165 79 Sovetskaya Street) — more than 200 people. freedom by IAG were civilians, 52.7% were military not provided with any explanation as to the exact In the course of the struggle with the ‘separat- • TDF near the Southern bus station (Donetsk personnel of the UAF and 52.7% — volunteer bat- location of those detainees. It was also reported city) — more than 400 people; talion fighters.159 Among such civilians, 79.3% were that the , in coordination with the UAF, ists’, almost every resident of the village passed • The building of the SSU (Luhansk city, Soviet detained a leader of one of the armed groups in the through unlawful places of deprivation organized 156 166 street, 79) — more than 200 people. Coalition “Justice for Peace in Donbas”, Підвали Дон- Donetsk Oblast on June 25.163 by ‘Tornado’. According to eyewitness accounts, those who басу. Жорстока правда про полон. Ті, що пережили Some of the members of the UAF were kept in пекло: Свідчення жертв ув’язнень на Донбасі [Base- A lot of information on human rights violations were captured were staying in conditions not adapt- ments of the Donbas. The cruel truth about captivity. came from volunteer battalion fighters. According custody for up to 14 days, during which they were ed for a long stay of people. The prisoners were held Those who survived the hell: Evidence of the victims of to the results of monitoring visits to Stanytsia Lu- imprisonment in Donbass], 13 December 2016, 164 in musty spaces where daylight and fresh air were hanska, KHRG gained information about several «Про порушення прав людини в зоні збройного кон- . флікту в Луганській області. Станиця Луганська» [Re- not available. Most often detainees were ‘in the 157 UN OHCHR, Reports on the human rights situation in places where local residents were illegally held by ports on the human rights violations the zone of armed basement’, where they slept on wooden boards, Ukraine. 15 July 2014, the volunteer battalions ‘Chernihiv’ and ‘Tornado’. conflict in Luhansk oblast. Stanitsa Luhanska sector], pallets, rags. Drinking water, as a rule, was brought , para. 45. . in plastic bottles from the toilet. These recipients 160 Ibid sh. 29. 158 «Підвали Донбасу. Жорстока правда про полон. Ті, що 165 «Підвали Донбасу. Жорстока правда про полон. Ті, що 161 were mostly used for voiding, because they were пережили пекло: Свідчення жертв ув’язнень на Дон- Ibid, p. 29. пережили пекло: Свідчення жертв ув’язнень на Дон- released to the toilet not when they wanted to, but басі» [Basements of the Donbas. The cruel truth about 162 «Підвали Донбасу. Жорстока правда про полон. Ті, що басі» [Basements of the Donbas. The cruel truth about according to strict schedule.155 Among the reasons captivity. Those who survived hell: Evidence of the vic- пережили пекло: Свідчення жертв ув’язнень на Дон- captivity. Those who survived the hell: Evidence of the tims of imprisonment in Donbass], Coalition “Justice for басі» [Basements of the Donbas. The cruel truth about victims of imprisonment in Donbass], Coalition “Justice Peace in Donbas (online), 13 December 2016, captivity. Those who survived the hell: Evidence of the for Peace in Donbas” (online), 13 December 2016, 154 Бєлоусов Ю. Л. та інші. Ті, що пережили пекло: Свід- victims of imprisonment in Donbass], Coalition “Justice , чення жертв ув’язнень на Донбасі [Those who sur- 159 Bielousov I. L. and others. «Ті, що пережили пекло: for Peace in Donbas” (online), 13 December 2016, p. 22 (translation from Russian). vived the hell: Evidence of the victims of imprisonment Свідчення жертв ув’язнень на Донбасі» [Surviving hell: . 166 Yanina Smelyanska, «По місцях «бойової слави» ба- in Donbass], Київ. 2015, Evidence of the victims of imprisonment in Donbass], 163 UN OHCHR, Reports on the human rights situation in тальйону „Торнадо“. Фоторепортаж» [Places of “mili- . p. 28. Ukraine_Report_15July2014.pdf>, para. 44. .

46 ALLEGED CRIMES ALLEGED CRIMES 47 subjected to ill-treatment and released from the Regional Administration of the SSU. In response to even punishment of victims. The SSU continues to About 70 percent of the people proposed by the mandatory signing of the document that they had questions about their fate and location, SSU em- deny the practice of holding in custody without con- Government of Ukraine for exchange were ‘civil’, no complaints about those who detained them. Ac- ployees systematically denied any involvement in nection to the outside world, and even the very exis- while only 30 percent were ‘military’ or ‘political cording to Ukrainian NGOs, many such cases were this. According to the information gathered by the tence of unofficial places of detention. Similarly, the activists’. The interlocutors argued that the Govern- associated with the .167 HRMM, the vast majority of persons detained at the SSU does not provide any information on the loca- ment of Ukraine continues to detain and then re- UHHRU, ‘Truth Hounds’ NGO and KHRG docu- Kharkiv Security Service of Ukraine were not arrest- tion and fate of certain missing persons. Officials of lease casual civilians in order to increase the num- mented the detention of 23 people. This informa- ed in a lawful manner and have not yet received any the SSU continue to consider the facts documented ber of released.177 tion, obtained from various sources, allows us to allegations, despite allegedly being held suspected by the HRMM as ‘groundless insinuations’.173 According to the HRMM, a significant number of conclude about the practice of detaining the local in connection with the IAG. These detainees are in The cases of the HRMM indicate a violation of people are detained by the SSU arbitrarily and often population of Donetsk and Luhansk Oblasts in 2014 such conditions until they are issued by the IAG as criminal procedural law during some of these ar- secretly, as evidenced by former detainees to the 170 and 2015 on suspicion of ‘separatism’.168 part of the simultaneous release of the prisoners. rests, in particular regarding custody by battalion exchange (‘simultaneous release’) from the IAG.178 After the return of a part of the settlements of HRMM documented a number of cases when SSU volunteers. People are detained without any ex- In two cases, the members of the radical right- Donetsk and Luhansk Oblasts that were previously officers detained and allegedly tortured women, planation, in particular, while they remain in the wing groups (‘С14’ and ‘National Corps’) assuming captured by armed groups, from the middle of April relatives of men suspected of belonging or being conflict zone and security operations, they are the role of law-enforcement bodies detained with- to August 16, 2014, more than 1,000 people sus- in contact with armed groups. These cases are not questioned without being brought to the law en- out legal grounds two persons, presumably former pected of collaborating with armed groups or at- only a violation of the prohibition of torture, but are forcement agencies.174 members of armed groups, and transferred them to taching to them were detained by the SSU, territo- also concerning about arbitrary deprivation of lib- the SSU.179 rial battalions at the Ministry of Defense or special erty and gender-based violence. December 8, 2015 According to information from the SP database, battalions at the Interior Ministry.169 HRMM is still in Shchurev village SSU officers arrested a 74-year- The arbitrary deprivation of liberty the duration of illegal (arbitrary) deprivation of lib- very concerned about the systematic reporting of old woman, seeking her son, at her home. She was for the purpose of exchange erty in different cases is from 1-2 days to three years people held by the SSU in unofficial places of deten- detained in the building of the SSU in Mariupol, ac- or more. Thus, on February 16, 2015, during the In connection with the exchange of detainees tion that are not available to the National Preventive cused of ‘terrorism’, and beaten. Representatives military operation under the Debaltseve, Mr. Ko- (‘captives’) by parties to the conflict, there was Mechanism and international organizations. Reli- of the HRMM visited her at the Mariupol pre-trial rinkov, who was initially detained in the basement widespread arbitrary deprivation of liberty of per- able messages from victims and their relatives indi- detention center171. The HRMM also documented of the SSU’s administration in Donetsk, and is now sons not involved in armed conflict, who were de- cate a widespread behavior pattern in several units the case of three women who were detained in May detained in the colony number 97 in Makiivka was tained and illegally held in places of detention sole- of the SSU. From the very beginning of the armed 2015 in a city under the control of the government arrested by IAG. Mr. Hlonder (3rd Special Forces ly for the purpose of exchange.175 conflict, a number of unofficial detention centers, in the Donetsk Oblast. Among the victims were the Regiment), who personally called his family and re- On May 5, 2015, the head of the Joint Center for often located in the basements of the buildings of wife of the IAG commander and her daughter. The ported that he was in captivity in the middle of April Hostage Release the MD said that 2667 people were the regional departments of the SSU, turned out be- daughter, according to reports, was severely tor- has also been detained until now. released. The HRMM found a discrepancy between cause of a large number of reliable reports of the tured, and both of them were threatened with sex- 172 official data or the non-transparent nature of ‘simul- victims and their relatives. ual violence. taneous releases’.176 According to HRMM, as of February 2016, from 20 While the perpetrators of most cases in 2014 Statistical data on imprisonment and early 2015 were volunteer battalions (often in or other cruel or unlawful deprivation to 30 people were illegally detained without contact 173 cooperation with the SSU), the cases from the end Report on the human rights situation in Ukraine. 16 Febru- with the outside world in the building of the Kharkiv ary to 15 May 2016], para. 31, of physical liberty of 2015 and beginning of 2016 are mostly related According to information contained in the da- 167 «Звіти про стан прав людини в Україні» [Reports on to the SSU. Most of these cases involve detention 174 tabase of the SP, as of August 15, 2018, there were the human rights situation in Ukraine.] 17 August 2014, without communication with the outside world in UN OHCHR, Reports on the human rights situation in 29 August 2014, пар. 46, Ukraine. 17 August 2014, 29 August 2014, para. 41, only 1286 cases of illegal detentions (disappear- unofficial places of detention, where torture and ill- . treatment are constantly practiced as methods of UkraineReport28August2014.pdf>. 175 168 «Незаконні затримання та катування, здійснені укра- obtaining confessions, information, intimidation or UN OHCHR, Reports on the human rights situation in 177 UN OHCHR, Report on the human rights situation in їнською стороною в зоні збройного конфлікту на Схо- Ukraine. December 2014 to 15 February 2015, 15 Febru- Ukraine. 16 February to 15 May 2015, 1 June 2015, para. 53, ді України» [Illegal arrests and torture committed by ary 2015, para. 41, 170 . 10thOHCHRreportUkraine.pdf> 2016, para. 48, 178 . 176 UN OHCHR, Report on the human rights situation Ibid para. 41. . para. 52, ruary to 15 May 2018, 19 May 2018. Ukraine. 17 August 2014, 29 August 2014, para. 40, 171 . 172 Ibid para. 50. 10thOHCHRreportUkraine.pdf> ReportUkraineFev-May2018_UKRAINIAN.pdf>

48 ALLEGED CRIMES ALLEGED CRIMES 49 detained/disappeared during combat operations, Kn., Pv. were delivered to the SSU control service Detention and brutal holding of civilian — very small quantities from once a day to one time 76 disappeared on block posts,18 persons disap- in Donetsk. Mr. Us., Ol., Sh., St., Mr. Sk. were de- Ukrainian volunteers181 for 5 and even 10 days, drinking was also given at peared in captivity, 2584 persons missing. During livered to the Antratsyt, Luhansk region. Mr. Jur., a minimum. On June 20, 2014, at the 17th checkpoint near the armed conflict in eastern Ukraine, 1663 persons Vil., Sakh., Tob. were delivered to the Snizhne of It lasted for a month and a half, and in early Sep- Rovenky, the city in Luhansk Oblast and the terri- (1085 civilians and 578 military personnel) were ille- Donetsk Oblast, and Mr. Khr. was delivered to the tember she was transferred to another garage. There tory under the control of the IAG, the so-called ‘cos- gally detained/disappeared in 2014, 873 (656 civi­ Ilovaysk, Donetsk Oblast. were 15 people, including Mrs. B. and two more sacks’ detained four Ukrainian volunteers, men, lian and 217 military) in 2015, 948 (825 military and All detainees were searched, beaten and tor- women. One time Mrs. I. had a heart attack, and Met, Kal. and Mis., and the woman B. — the head of 123 civilians) in 2016, 250 (216 civilian and 34 mili- tured. After that, they were questioned under the she went on to take pills. She was never released their group, who delivered humanitarian aid to the tary) in 2017, and 2 civilians — in 2018. threat of murder because of pro-Ukrainian position. for a walk. After some time, all of the garage was 25th air cavalry brigade of the Armed Forces. The de- Based on the statistics and information presented Russian journalists participated in the interroga- transferred to a barn where there was more space, tainees were searched, picked up of things, includ- above in this section, there are reasonable grounds tion, asking a clearly mocking question and record- but it was very moist. On September 28, 2014, she ing phones, brought to the premises of a compound to maintain that the illegal and arbitrary detention ing a questioning on the camera, such as: ‘Why did was given the opportunity to talk with her daughter feed mill in Rovenky and were interrogated with the and subsequent holding of both the IAG and the LAG not you refuse to shoot for peaceful people?’, of- by telephone. The next day she was fired, generally use of brutal beatings, imitation of sho­oting, and were of a large-scale and systematic nature. fending them, etc. Mrs. I. stayed in captivity for 103 days. so on. During detention, detainees were subjected to On the fact of abduction and ill-treatment of Mrs. B. A day later they were taken to the commandant’s ill-treatment. Sometimes they were brutally beaten and others, a criminal case No. 12014170040001457 office (the former headquarters of the Party of Re- Circumstances of committing separate crimes or threatened to be killed (executed) for no reason. dated June 22, 2014 was provided. gions) in the Antratsyt, where they were interrogat- They were also physically forced to perform de- For more information on physical and psycholog- Prolonged detention in improper conditions ed and brutally tortured again, what guided a man 180 structive to health, hard work — to clean the toilets ical violence to Mrs. B, see the section on ‘Torture the militants of the Armed Forces of Ukraine named Alexander Chorny. June 22, 2014, under the in houses destroyed by battles, search, exhumate and Inhuman Treatment’. Citizens of Ukraine Us., Ol., Sh., St., Mr. Sk., Yur., and rebury the bodies at the last stages of their de- escort of the Russian military (it was known from Vil., Sakh., Tob., Khr., Bab., Stas., Man., Pok., Lun., composition. The prisoners were not given any pro- the point of view of their uniforms, as well as from The detention and holding of a journalist182 Dey., Tk., Gor., Mar., Kay., Kukh., J., Laz., Kakh., tective or sanitary facilities for their work. the conversations of the guards) detainees, locked Tyn., Gun., Kush., Lun., Star., Fom., Shl., Kn., Pv., On October 16, 2014, the detainees were sepa- to the car body, were taken to Horlivka. When un- The journalist of the ‘Espreso-TV’ channel Vo- Gov., Naz., R. participated in the ATO in the Armed rated: some of them were lost in the basement of loading from the car, the detainees were beaten robyov Yehor Oleksiyovych together with other Forces. On August 29-30, 2014, in the course of the building of the SSU in Donetsk, and some were again by the so-called ‘militiamen’ of the so-called members of his crew and about 70 military person- a military operation near the Ilovajsk in the Donetsk sent to institutions of temporary detention in the ‘DPR’, and then thrown into the basement of the po- nel of the UAF was captured on August 30, 2014 by Oblast, were captured under various circumstances Ilovajsk. lice station, where were two men and three corpses the soldiers of the Armed Forces of the Russian Fed- by armed unknown persons in a Russian military The detainees were held in unsuitable conditions of the tortured men. eration, namely the Pskov amphibious division, the uniform without identification marks and Russian- for life: overcrowded small rooms without heating, From this basement detainees were taken to Kandemirivsky tank division, in the district of Mno- made military weapons, were firing with the military not weathered, without beds and places for sleep- interrogations, where they were beaten brutally hopillya of Starobishiv district of Donetsk region. technique models defending the Armed Forces of ing. Prisoners were in a state of permanent depres- again. Subsequently, the detained woman, along After capturing the members of the shooting team, the Russian Federation, which, because of their lan- sion due to the fact that those who followed them with one of the men, was taken to the prosecutor’s they were questioned about why they were there, guage, accent and external features, had the char- treated them violently: using mental and physical office in Horlivka, and placed there in garages where what reports they filmed and for what purpose, and acteristics of Russians. pressure methods. For four months, prisoners had the woman was brutally tortured, using bench tools. then took them to the truck in an unknown direc- They were delivered by servicemen of an un- extremely poor quality nutrition, they did not have The next morning they repeatedly simulated the tion. At one of the stops, the journalist was unload- known unit to those who call themselves mem- access to drinking water, and were forced to drink shooting (‘Russian Roulette’) to her. ed from the truck, and other members of the crew bers of the so-called ‘DPR’ and held there from late technical water. Several times during the period of In the garage, at first, Mrs. B. was held alone, were taken to the International Red Cross mission. August 2014 to December 26, 2014 (Mr. Pv. was detention detainees were questioned in the same gradually filling it with other detainees who were The journalist Vorobyov, a few days after, was de- released on January 31, 2015, and Mr. Kn. was re- cruel way as during the first interrogation. tortured on a daily basis, some of them to death, tained blindfolded in an unknown place surrounded leased on February 22, 2015). On December 26, 2014, all prisoners were ex- among them were Mr. Mis., her volunteer colleague, by Russian military personnel. After a while, the detainees were taken to vari- changed for the members of the illegal armed detained along with Mrs. B. She was forced to take 09/02/2014 he was handed over to the members ous places of detention: Mr. Bab., Stas., Man., groups. his corpse away from the room at the prosecutor’s of the armed groups of the so-called ‘DPR’, which Pok., Lun., Dey., Tk., Gor, Mar., Kay., Kuh., J., Laz., Regarding the aggressive war of the Russian Fed- office, which was then the office of the well-known brought him to the “Kommunshlyakhavto” car de- Kah., Tyn., Gun., Kush., Lun., Star., Fom., Shl., eration against Ukraine, the Chief Military Prosecu- leader of the soldiers, Bezler. The food was given in pot in Makiivka, Donetsk region, which was a mili- tor’s Office of Ukraine conducts criminal proceeding 180 KHPG Archive, SLC’s fund, inventory 3, file P-01. No. 42014000000000457. 181 See MB data base, case No. P878. 182 See MB data base, case No. P945.

50 ALLEGED CRIMES ALLEGED CRIMES 51 tary base of soldiers. There the soldiers of the so- by electric current, was not able to breathe by im- Lviv ‘Tornado’ battalion and the battalion of the the Starobilsk pre-trial detention center. Despite called ‘DPR’ conducted the interrogations, during mersing the face in the water, and on January 31, special police station ‘Chernihiv’ under the leader- this, according to the verbal instruction of the SSU, which broke the journalist two hands, injured his 2015, he was taken out of the building and had ship of the SSU staff. Immediately after the arrest, the convoy took him to the Severodonetsk deten- face, broke his head, and then putted in a separate a simulation of the shooting. Under the influence the man was undressed to his pants, searched, and tion center, which was located on the ground floor ward — a shed of 17.5 square meters for storage of of torture, Mr G. gave an evidence of aiding in ter- beaten several times, took away personal belong- of the building of the Severodonetsk City Depart- sealing balloons without electricity, water, toilet (for rorist activities, which he did not really do, which ings (jewelry, phone), and then put on handcuff, ment of the Interior Ministry of Ukraine in the Lu- which the capron tube was used). They were given subsequently formed the basis of his accusation took away all the things, forcibly put in a jeep, put a hansk Oblast, so that the employees of the Office of food once or twice a day, at will of the militants, they under Article 258-3 of the Criminal Code of Ukraine. hat on his eyes to make him unable to see, and was the SSU in Luhansk Oblast, also located in Severo- were not taken out for walks, after two weeks they Only 02.02.2015 he was taken to the SSU Office in taken, as it later turned out, to the ‘creamery’ area donetsk, could have unimpeded access to him and gave him dirty things so that he was not frozen to the Donetsk Oblast in Mariupol, where he had been in Stanytsia Luhanska. Any procedural documents put pressure on him, which would be much more death, and under such conditions the journalist was drafted a report on his arrest on suspicion of com- about his detention or removal of his belongings or difficult when he was detained in a pre-trial deten- 23 days without contacts with the outside world. mitting a crime. After interrogation he was taken to documents was not conducting. tion place. After placing in isolated detention place, Approximately 29.09.2014, the new leadership of the surgical department of the city hospital. A man was placed in a basement, where, in ad- there were bodily injuries found on Mr. M.’s body. the military base of the soldiers learned about a jour- Later, Mr. G. applied for illegal actions by the dition to him, there were eight more people. After Subsequently, officers of the SSU, fraudulently nalist being in the captive. After that he was ques- SSU staff, after which the Donetsk Regional Pros- some time, he was taken out of the cellar (‘hole’) (by promising to exchange him for UAF soldiers who tioned several times, even by citizen’s press secre- ecutor’s Office opened criminal proceedings and in a sitting position was beaten by unknown were in captivity to the IAG), forced Mr. M. to testify tary Tigran Parsegyan. Since then, Vorobyov was No. 42017050000000627 in which he was given the person with iron pipe on the legs and back. He was about his involvement in terrorist activities. Only kept in the same basement for more than a month. status of the victim. Numerous bodily injuries in- required to confess in makink the explosion to on February 20, 2015, the detainee was transferred On 06.11.2014 he was taken to Donetsk, and from flicted to Mr. G. during his unlawful imprisonment, a checkpoint, but he did not do it. After beating,­ to the place of detention approved by investigating there — to one of the hotels in the city of Horlivka, including the fracture of the ribs, are confirmed by a man was dragged to the ‘hole’, where he lost con- judge — the Starobilsk pre-trial detention center, on the Gagarin street, 17, and 07.11.2014, militants an act of forensic examination conducted within the sciousness several times. After a brutal beating he where, upon his admission, were found injuries made his exchange. framework of criminal proceedings. was in a ailment condition and could not navigate in sustained on the day of his detention on Febru- The information on this case is contained in the In the course of the trial of his case, Mr. G. de- time, so he can not clearly remember the sequence ary 10, 2015, which traces were preserved through materials of the criminal proceedings No. 2201400 nied his involvement in the crime he was accused of events, besides, he was in the dark in the base- 10 days after his arrest. 0000000475. of, he complained about the illegal actions of the ment and could not see the change of day and night. On April 22, 2015, acting in lieu of head of the SSU employees, and on 25.10.2017, the Ordzhoni- In addition, while in custody, he had illnesses of the HRMM, M. Bozhanik informed the Ukrainian au- nervous system, as well as psychiatric illnesses. thorities of possible violations by law enforcement Illegal detention and holding of a civilian kidze District Court of Mariupol admitted Mr. G.not An eyewitness of holding the man in the basement officers of persons who were prosecuted in criminal suspected of aiding terrorism183 guilty of committing a crime and he was released was the manager of the affairs of the Stanytsia Lu- from guards in the courtroom. proceedings, and Mr. M. among them. Perhaps he On January 23, 2012, six unknown persons on hanska settlement council Mrs. Kh., who was kept was visited by a member of the monitoring mission On 07/27/2017, the neighbors of the house in- a black car — a Ford off-road car of dark color with- in the same room for several hours and acciden- in the pre-trial detention, but he cannot accurately formed Mr. G. that a car arrived at his house again, out registration numbers — came to the house of tally witnessed the ill-treatment of him. At night, remember this event. similar to the one previously arrived by the staff of Mr. G, a resident of the Novotroitske village of the the same day, the man was taken to Petrivka in the On May 8, 2015, the representative of the Autho- the SSU during his detention. Fearing revenge from Volnovakha district of the Donetsk region, and as it same Stanytsia Luhanska district, where the dis- rized Representative for human rights of the Verk- the SSU employees, he was forced to leave his place turned out later, these were employees of the SSU trict department of internal affairs was temporarily hovna Rada, Luhansk Oblast coordinator, V. Arkhi- of residence and go to the non-government con- Office in Donetsk Oblast. They beat him, threatening located. pov, spoke with Mr. M. in the PTD, during which he trolled area. The return to his place of residence is to shoot him right on a spot in front of his daugh- In the evening of February 11, 2015, the offi- described in detail the circumstances of his beating a real threat to his life and health. ter’s eyes, took money and valuables from the cial protocol of the detention of Mr. M. was made after detention. The information about results of house, tied Mr. G.’s hands and brought him to the on suspicion of an explosion at the checkpoint of the conversation with Mr. M. Arhipov was provided Arrest and detention of a civilian in unforeseen police station in Volnovakha, where he was placed 16.01.2015, and the old man spent the night in the to the Authorized Representative Secretariat of the places during a criminal prosecution184 in the basement. The same persons held a man in building of the district police station. On January 12, Human Rights of VRU. custody for ten days (until February 2, 2015) without On February 10, 2015, the pensioner M., who 2015, the investigator handed him a written notice On May 17, 2015, the second investigating de- procedural registration of his detention, while ap- lived in the territory controlled by the so-called of suspicion of committing a terrorist act that led to partment of the Luhansk Prosecutor’s Office in- plying cruel physical violence to him: he was beaten ‘LPR’, on a checkpoint in Stanytsia Luhanska of the the death of a person. On the same day, the inves- formed M. Bozhanik that a pre-trial investigation by masked persons twice a day, tortured, including Luhansk Oblast, was detained by soldiers from the tigating judge of the Novopskovsky District Court of into criminal proceedings No. 4201513000000107 Luhansk Oblast applied to him a preventive mea- was initiated on the grounds of a criminal offense 183 KHPG Archive, SLC’s fund, inventory 8, file 20. 184 KHPG Archive, SLC’s fund, inventory 8, file 21. sure in the form of detention, with his detention at provided for in part 2 of Article 65 of the Criminal

52 ALLEGED CRIMES ALLEGED CRIMES 53 Code of Ukraine (excess of power or official author- helped them, were directed and guided by the so- ment on human dignity, in particular, offensive and There is no exhaustive list of all actions or inac- ity by a law enforcement officer wich was accompa- called ‘DPR’ and so-called ‘LPR’. humiliating behavior, and in some cases deliberate tivity that may be torture. The statements of the use nied with violence). The executors of these crimes on the part of the murder. Nearly in every case, the conditions for the of torture should be considered on a case-by-case On November 30, 2015, criminal proceedings LAG also acted consciously, as law enforcement detention of such persons were inadequate, with- basis in order to determine whether severe physical No. 42015130000000107 were closed due to the agencies had to comply with clear procedures pre- out respect for elementary sanitary conditions, nor- or mental pain or suffering was caused as a result absence of a criminal offense in the actions of law scribed by law, to observe fundamental procedural mal nutrition and medical care, in many cases they of the actions and the context of the commission. enforcement officers. safeguards, including the rights of detainees to re- were simply unbearable. The perpetrators of these The actions that cause physical pain can be regard- port on the fact and place of detention and the right crimes were clearly realizing that such treatment of ed as torture, even if they do not cause pain that to legal assistance, which was not complied, in de- the captives grossly violates international humani- accompanies a serious injury when there is severe Conclusions tention and holding procedures, including those tarian law. pain or suffering.187 As has been noted above in this section, the IAG suspected of involvement in terrorist activities or An offender must intentionally act in a way that, representatives, for various reasons (for the sup- crimes against the foundations of national security. in the normal course of events, leads to severe pain port of Ukrainian security forces or pro-Ukrainian The detention and subsequent imprisonment of per- or suffering of the victim (victims), physical or men- political views, for the purpose of ransom or other sons for the purpose of the subsequent exchange of 5.5. Torture and ill-treatment tal, in order to achieve one of the goals.188 There forms of illicit enrichment, etc.) committed numer- captives from Ukrainian armed groups were not just is no specific requirement that an offender should ous arbitrary detention of civilians, followed by illegal, but arbitrary, because they occurred mostly The report of the Office of the Prosecutor for act formally as a public official or another person holding in custody. in the absence of the grounds provided for this pur- 2017 states that «torture or ill-treatment was report- in power.189 Ukrainian armed groups, in particular, soldiers pose by law. edly perpetrated by both sides in the context of the The prohibition of torture and cruel, inhuman of volunteer battalions, committed numerous ar- The lion’s share of crimes in the form of illegal conflict, involving several hundred alleged victims. and degrading treatment or punishment is absolute rests of IAG soldiers, as well as civilians, and sub- deprivation of liberty provided for in Article 8 (2) (a) Beatings, electric shocks and other forms of physi- and applies to both parties to the conflict, and dero- cal abuse, as well as mock executions and other sequently illegally detained them in unforeseen (vii) of the RS falls on IAF fighters along with Rus- gations from it are not permitted even in the cases threats causing severe psychological trauma were places. The SSU units held people in the zone con- sian troops, who captured and detained hundreds of emergency, such as international or non-interna- allegedly inflicted on civilians, including persons tiguous to the area of hostilities in secret places of Ukrainian soldiers, in particular during hostilities tional armed conflict. RS defines torture and cruel, suspected of allegiance to the opposing side in the (usually in basements, dilapidated buildings, etc.), under Ilovajsk in August 2014 (according to the da- inhuman or degrading treatment as a war crime, conflict, and on members of both Ukrainian armed and those who were illegally detained for the pur- tabase of the SP, 418 Ukrainian soldiers were cap- as well as actions that can be equated with crimes forces and armed groups. In the majority of the al- pose of exchange — in the appropriate premises in tured) and under Debaltsevo in January-February against humanity. leged incidents, torture or ill-treatment occurred in the buildings of the territorial units of the SSU, in- 2015 (42 Ukrainian military detainees were detained Russia officially declares the absence of its the context of detention, frequently in “irregular” communicado and concealing such facts. on the basis of the SP database). armed representatives on the territory of the con- detention facilities and often during interrogation. All detentions of the civilian population commit- All these crimes were committed at the orders of flict. On December 17, 2015, Russian President Vlad- Torture and ill-treatment were reportedly used to at- ted by the IAG militants were illegal, as far as only the so-called ‘DPR’ and so-called ‘LPR’ authorities. imir Putin stated that “we have never said that there law enforcement officials authorized to do it have a Moreover, these military operations, which were tempt to extract confessions from detained persons 185 right to detain. Subsequent detentions took place the largest during the armed conflict in the east of or to force them to cooperate» . affirmed with Brđanin Appeal Judgement, ICTY (online), in violation of the fundamental rights of detained Ukraine, were conducted with the participation of According to previous conclusions in cases con- par. 251, 3 April 2007 Federation, and therefore, probably planned and ous forms of influence on the physical or mental grounds for claiming that Articles 9 and 10 of the 187 Brđanin Appeal Judgement, ICTY (online), par. 251, International Covenant on Civil and Political Rights guided by the military leadership of the Russian integrity of a person. Torture as a criminal offense 3 April 2007 were violated. Federation. The interrogations of Ukrainian prison- is not an act of violence without a specific purpose; ers were conducted with the participation of the it tries to achieve a certain result or goal by causing The executors of these crimes on the part of 188 severe mental or physical pain.186 Kunarac et al. Appeal Judgement, par. 153, ICTY (on- the IAG acted consciously, thus, committed these military and were promptly covered in Russian mass line), 12 June 2002 crimes deliberately. All these acts were committed media. All such crimes were committed consciously, par. 108. 189 and so-called ‘LPR’ was aimed at grabbing and re- As has been noted above, in this and other rel- Kvočka et al. Appeal Judgement, ICTY (online), 28 Feb- which did not support the idea of separatism, and tary and civilians were subjected to torture, cruel affirmed by Brđanin Appeal Judgement, para. 251. ICTY affirmed with Kunarac et al. Appeal Judgement, ICTY (online), 3 May 2009, par. 299, (online), 12 June 2002 par. 148, especially those who directly participated in armed and inhuman treatment, intentional suffering or , aj020612e.pdf>

54 ALLEGED CRIMES ALLEGED CRIMES 55 are no people involved in solving certain issues the Luhansk and Donetsk Oblast were massive. This and in cooperation with the UHHRU and Truth cated on the Bortsiv Revolutsii street; the captured there, including in the military field, but this does was due to the acute phase of conflict and the insta- Hounds), as well as the work of lawyers with for- building of the Academy of Internal Affairs; an cap- not mean the presence of active Russian forces.”190 bility of the control over the areas. After the adop- mer prisoners, more than 3000 cases of torture tured building of the regional administration of The IAG are not subjects of international law, tion of the Minsk accords in February 2015 and the of prisoners (servicemen and civilians) that were the SSU in Donetsk. In October 2014, some detain- which have judicial personality, but the prohibition reduction of the intensity of the conflict, the num- committed by the IAG were collected and added ees were taken back to Illovaysk, where they were of torture is absolute, and the lack of recognition of ber of torture of detained persons has decreased to the databases196. In general, about 6 thousand forced to work on the reconstruction of the city.197 the IAG as subjects of international law does not de- and is not so massive. people went through the places of detention of the Detention of those prisoners of war took place in in- 192 prive them of the responsibility for torture committed In their reports, the OHCHR , the AI, the HRW, IAG (data contained in the database of the “Shore humane conditions (more in detail in section 5.7). by them during an armed conflict in eastern Ukraine. and other international organizations pointed out of Peace”), which conditions of detention can be The actual composition of the committed crimes the massive nature of torture committed by both Ukraine has signed and ratified the International equated to torture and ill-treatment. indicates that the perpetrators and organizers be- parties to the conflict. Covenant on Civil and Political Rights and the UN As a result of the information processed, it is long to the IAG. Often, they confirmed participation Convention against Torture and Other Cruel, Inhu- possible to identify the places of the most massive in the commission of such crimes themselves, ad- man or Degrading Treatment or Punishment, and violations of human rights, in particular, torture, miring them in social networks, and posting videos has therefore committed itself to comply with these Tortures by IAG which exists in a temporarily uncontrolled area: on the YouTube network (beatings of the prisoners international treaties. The number of people who have been tortured • SSU building (Donetsk, Shchorsa street, 62); by the militant “Givi”, torture by militant “Moto­ On October 20, 2015, the Government of Ukraine by both the IAG and the LAG (both representa- • Former military unit number 3037 (Donetsk, rola” of the captured soldiers and the execution of sent an official announcement to the UN Secretary- tives of volunteer battalions and the SSU) varies in Kuprin street, 1); Igor Branovytsky).198 General that the application and enforcement by the data. According to the Ukrainian authorities, • Factory “Isolatsiya” (Donetsk, Svitly Shliakh In the testimony of the militaries, as the execu- Ukraine of its obligations under the sixteen trea- 3224193 people were released from the captivity by street, 3); tioners are mentioned both representatives of the ties, including the Convention against Torture, “is IAG, according to Irina Gerashchenko (a representa- • Temporary detention facility near the “Pivden- so-called “DPR” and “LPR”, and Russian citizens limited and not guaranteed” in territories deemed tive of the Ukrainian side in the negotiation process na” bus station (Donetsk); who usually served as leaders.199 to be occupied and uncontrolled, and this situation in Minsk) — each of the prisoners was subjected • SSU building (Luhansk city, Radianska street, will continue until the full restoration of Ukraine’s to torture by the part of the IAG.194 These data are 79); 191 The main types of torture used for prisoners sovereignty over its territory. However, this con- correlated with the data of independent observ- • A former police building in the city of Snizhne. of war on the part of the IAG tradicts the absolute nature of the prohibition of ers, in particular, the OHCHR indicates the follow- The detention of prisoners of war after capturing torture provided for by international public law, and ing: “Thousands have gone through these places of them at Ilovaisk in late August 2014 had a massive Physical Impact — Torture therefore this announcement cannot be taken into detention, undergoing inhumane conditions... with character. According to the GPO, about 300 Ukrai- 195 1. Beating (the main parts of the body — the account and can not justify the possible violation of torture and ill-treatment.” nian volunteers and servicemen were captured dur- head, ribs, trunk). the rules of the RS, the Convention against Torture During monitoring trips to the contact line ing the events near Ilovaysk. Some of them were 2. Intended beatings of open wounds received in or other international documents that directly pro- (as representatives of the “Shore of Peace”, KHRG, captured on August 28, 2014, but the majority — on the previous battle. hibit the use of torture for all parties to the conflict. August 29 and 30, during the retreat from Ilovaysk; 192 3. Threats of torture, execution or shootings of “The 14th HRMMU report on the human rights situation Also, around 10 people were detained in early Sep- in Ukraine 16 February — 15 May 2016”, HRMMU (online), certain parts of the body. , para. 12. These servicemen and volunteers were eventu- 4. Torture by electrical shock (electric shocker, 193 Since the beginning of the conflict (official date — СБУ повідомила кількість звільнених українських за- ally transported to four main places controlled by field-telephone, battery). ручників [The SSBU reported on the number of released 5. Passing through a living corridor of militants April 14, 2014) and until the end of 2015, tortures in Ukrainian hostages] TrueUa (online), 6 April 2018 various armed groups: the captured police building . 6. Burning the skin with lighter, as well as the 194 бассе «решают вопросы, в т. ч., и в военной сфере». Катували та ґвалтували: Геращенко розкрила діа- 196 Незаконні затримання та катування, здійснені україн- slacking a cigarette on the body part of the prisoners. [Putin to a Ukrainian journalist: Russians in the Don- гнози екс-полонених на Донбасі [Tortured and raped: ською стороною в зоні збройного конфлікту на Сході bass «solve issues», including in the military sphere]- Gerashchenko revealed the diagnoses of ex-prisoners України: Інформаційний звіт Української Гельсінської 197 Report of the OHCHR« Human rights violations and YouTube (online), 17 December 2015 in the Donbas], Fakty.ictv.ua (online), 23 July 2018 р., спілки з прав людини, Харківської правозахисної гру- abuses and international humanitarian law violations . . the zone of armed conflict in the East of Ukraine: Infor- abuses and international humanitarian law violations . gust 2014», par. 47. in Ukraine 16 February — 15 May 2016, par. 12 — Union, the Kharkiv Human Rights Protection Group and 198 . Ukraine_14th_HRMMU_Report.pdf>. Kyiv, 2017. — 28 p. 199 See MB data base, case No. P769.

56 ALLEGED CRIMES ALLEGED CRIMES 57 7. Cutting pieces of leather with tattoos on pro- 1. Threats of injection of an unknown fluid into Mr. E-01 with his companions were riding along The event of capture and further torture Ukrainian themes or cutting off a hand with such the body. the Debaltseve — Artemivsk highway and got under of the E-02202 a tattoo, cutting a swastika with a knife on the back. 2. Psychological pressure on family members. ambush to the so-called “”. Among On October 15, 2014, the person E-02 together 8. Pulling out of the nostrils and the ear laps with 3. Forcing to shoot the comrade (Person E-03 them were both citizens of Ukraine and Russia, who with his companions, went on the 32nd checkpoint pliers. was forced to shoot another of war200). were easily distinguished by stamps and military “Bakhmutka”, between the village Smile and the 9. Cutting an ear with a knife. 4. Setting the dogs. uniforms. settlement Frunze of the Slavyanoserbsky district 10. The suspension on the ceiling by the neck. 5. Forcing to dig the grave for themselves. The militants brought E-01 all the prisoners in of Luhansk Oblast for the combat mission. After set- 11. Torture with the hot iron. 6. The imitation of a shooting or other form of Donetsk, placed them in the former “Nova Poshta” ting a mission, the soldiers were told that they were 12. Artificial strangulation with wires or with a gas execution. building, committed torture and other ill-treat- sent to support the fighters of the 32nd checkpoint. mask. 7. Intimidation of the captives with throwing ment — beatings, psychological pressure, threats On the way, they got into an ambush, in which orga- 13. Dipping a head into a bucket of water. a grenade without filler to them. of murder, and beatings on wounded hands. All this nization, by the witnesses’ testimonies, except the 14. Suspension to the pipe with handcuffs. 8. Forcing to eat the land. was filmed on a professional video camera. The separatists, the commander of the UAF took part. 15. Cutting or squeezing the eye with a spoon or 9. The conditions of detention of all prisoners person E-01 was threatened to be tortured and then During these events, a battle took place, which re- other handicrafts. did not meet the minimum standards. According to killed if he did not give a testimony. He stayed in 16. Affusion the genitals with boiling water. sulted in the killing and wounding of both sides. eyewitness testimonies, the captives were in condi- this room for about three months. Every day he was 17. Shooting from automatic weapons on the Thus, six UAF soldiers were arrested by representa- tions not adapted for a long stay of people. The cap- tortured, humiliated and threatened. He was kept limbs. tives of the 3rd motorized rifle brigade “Hooligan”, tives were kept in musty rooms, where there was with his companions in a basement, which had any 18. The use of construction tools for torture (drill- no access to daylight and fresh air. Most often cap- the 2nd brigade of the “People’s Militia” of the so- conditions for living, they could not use the toilet ing legs, pulling out nails and toes with pliers, turn- tives were “in the basement”, where they slept on called “LPR”, and handed over (according to some and the shower, so they used improvised items to ing the tooth with a rasp-file). wooden boards, pallets, rags. Drinking water, usu- reports — for a money reward) to the militants of handle the natural needs. During the so-called in- 19. Binding to a wooden cross and throwing into ally, was brought in plastic bottles from the toilet. the “Batman” rapid action team on the spot. Di- terrogations, the militants used handcuffs, leather the lake, then taking out to breathe air and then These capacities were mostly served for depletion rectly in front of the person E-02, the commander belts, guns. sink. because the people were allowed to go to the toilet of the “Golden Troop” 24 TDB “Aidar” — Mr. P., call The armed militants periodically went to the 20. Beating out teeth. only according to the strict schedule. sign “Italian”, was shot dead. One of the represen- basement to the E-01 and forced him to write by 21. The suspension on the chin-up bar and beat- As the separate examples of conditions, not tatives of the IAG hit his head about five times with hand or talk on the video on the topic: “Why should ing all the body. adapted for the maintenance of people, can be men- a gun handle, which led to death. I live?” In order to break the spirit of the person, tioned the premises of the Donetsk SSU archives, After that, the “Batman”’s fighter put a knife they forced him to wear women’s clothing and Inhuman treatment the dog cages, a pit in the courtyard of the adminis- to the heart of the E-02 but then was stopped by filmed it on a photo and video, threatening to trative building, a garage in Snizhne city, etc. More someone among the “elders”. They presented E-02 1. Forcing a large number of physical exercises — spread on the Internet. For the same purposes details — in subsection 5.7. with a challenge, voicing it in a rude form — to cut pressing-up from the floor, squatting, as a result of during interrogations they stubbed out burning off the genital organ, the ear, or to cut the heart. which many of the captives blacked out. cigarettes to the ear, and also cut his compan- E-02 was forced to choose — his ear was cut. Dur- 2. Undressing and being naked or in underwear Circumstances of committing separate crimes ion’s leg with a knife, for­cing to watch for physi- ing his capture, he has seen it more than once, be- in the street in the winter. cal suffering. cause, in his words, they brought his ear five times 3. Forcing to eat military chevrons of the Ukrai- Militaries related events After the end of three months, E-01 and his com- in a bag from the instant soup “Mivina”, demon- nian Armed Forces. An E-01 Torture Event201 panions were transferred to the building of the for- strating it. In general, E-02 was in captivity in the 4. Binding to the tree and leaving in the street February 9, 2015, the person E-01, UAF soldier, mer SSU of Donetsk (Shchorsa St., 62), where they regional clinical hospital of Luhansk for about at night. was captured by representatives of the so-called were held in archival premises that were not adapt- a month. He suffered numerous psychological bul- 5. Failure to provide medical aid to the injured, “DPR”. The Battalion “Kryvbas”, among other mili- ed for life. There, he and his companions were con- lying. He was threatened with murder, beaten up by resulting in death. tary units of the Ukrainian Armed Forces, was pushed stantly beaten, humiliated, and forced into forced other separatists, they lead the children who were 6. The lifting of mines by captives. from its positions near Debaltseve, the roads were labor of a heavy nature. wounded or have lost their parents, representing 7. Affusion with cold water. cordoned off by militants of the so-called “DPR”, On June 22, 2016, E-01 and his companions were E-02 as an enemy and murderer. the part of the battalion was wounded, and the part transferred to the Western Correctional Camp No. 97 November 11, 2014 representatives of the so- Mental impact and humiliation was captured. E-01 was wounded in his hand. in Yenakiyeve. called “LPR” released the E-02 “as a sign of good- Forcing to get the bodies of the IAG and the bod- On December 27, 2017, the E-01 was taken to will.” ies of the dead Ukrainian soldiers from the tilts in 200 See MB data base, case No. P736. the territory controlled by Ukraine and was ex- the Donetsk airport. 201 KHPG Archive, SLC’s fund, inventory 8, file 22. changed. 202 See MB data base, case No. P1255.

58 ALLEGED CRIMES ALLEGED CRIMES 59 The event of capture during the Donetsk airport forced to become a member of the simulated shoot- When the journalists finished filming captives Events related to civilians defense and further torture of the E-03203 ings, threatening to kill his friend in case of refusal. on the camera and asking questions, the E-04 was An event of detention and further holding, Here’s what he said about this: “He took me by the placed in the basement of the SSU. In the room, 205 The E-03, which carried out the combat mission which led to infection with hepatitis C virus. hair and neck, turned the face to Ihor and said:” where the E-04 was placed, were iron racks, it was on the protection and defense of the Donetsk air- You see? — and at that time beaten Slavko. “Your an air-raid shelter. The room was about 2 by 3 me- On June 12, 2015, the E-05 was detained in port, with an 80 air assault brigade, was captured Stakhaniv, Ukraine (NGCA). Obviously, the abduc- friend will lie the same if we do not film the material ters in size, and there were 10 people, including the on January 21, 2015, by militants of a scouting bat- tion of E-05 was due to the fact that he expressed we need!”. He gave me a charged gun and ordered: person E-04. The room was not equipped to hold talion “Sparta” which is part of the armed forces a pro-Ukrainian position. “Shoot him, — and at that time all of us stood in people, there were no beds, the captives slept on of the so-called “DPR”. This was preceded by the On June 23, 2015, the website Vesti.ru published a circle on our knees, — if you do not put the trigger iron racks, and if someone had not any place, on second super-powerful explosion that occurred on a video which stated that the E-05 was detained by now, then we will shoot Slavko!”, Slavko was beat- the concrete floor. E-04 slept on a small table, mat- January 20 in a new terminal, which almost com- the so-called “LPR” militiamen as an agent of the en that time, I heard how this all happens, I heard tresses and other sleeping items were not given to pletely destroyed it. Part of the defenders of the air- SSU and admitted that he regularly went to Ukrai- Slavko himself. And in this case... I knew that the the captives. port was forced to make a decision to leave and did nian side and transmitted data on terrorists. gun was discharged, I pressed the trigger. Here they In the room, there was no toilet, the only toilet it at night. E-03 and his companions, who later got At the request of the authorities of the self- laughed, ran and beat a few more times. And at this was in the corridor and it became obstructed. 10 into captivity, did not know about it. In the morn- time, I lost consciousness, I vomited.” proclaimed “LPR”, a criminal case was initiated on captives were taken to the toilet by militia once a ing of January 21, after dawn, the E-03 saw a white E-03 was released from captivity as a result of charges of committing a crime — high treason to the day, and if someone wanted to the toilet another flag raised by some of the soldiers of the UAF. E-03, the exchange on 02/21/2015. so-called “LPR”. During seven and a half months, together with his companions, was forced to surren- time, the militia did not pay attention to it, the cap- he was illegally detained under the control of the der in captivity, where he was kept for exactly one The event of capture and further torture tives used the sewage system as a toilet, from which “LPR” and was periodically taken to interrogations, month, in order not to be ridiculously destroyed, of the E-04204 then poured the faeces into the far room. where psychological pressure and blackmail were because of the lack of means for continuing the de- After the сaptives were placed in the basement, committed. Several people, who were also accused On August 29, 2014, the E-04, with the column of fense. During this time, the serviceman had to suf- they were not fed two days, on the third day the mi- of espionage, in particular, the Ukrainian journalist the , were breaking out from Ilovay- fer numerous tortures, bullying, and humiliation. litiamen gave them some soup and added the die- E-06, were detained in the neighbor cell. sk, Donetsk Oblast, surrounded by armed groups of From the first minute of the capture, they threat- sel fuel, so that the captives could not eat it. Sub- The conditions in the place of detention were the Russian Federation, and around 10:00 was sub- sequently, E-04 and other prisoners were fed twice incompatible with the minimum conditions, in par- ened: “Step to the left, step to the right — shoot- jected to an artillery shelling near the village of Cher- a day, mostly with a dry pearl porridge, adding the ticular, the E-05 was held with another captive, who ing!”, and beaten them regularly during convoys vonosilske of the Amvrosiivka district of the Donetsk small stones or sand, apparently, in order that the was ill with hepatitis C and had HIV-positive status. and during detention. From the words of E-03: Oblast. They were falsely captured by representa- captives could not eat it, sometimes gave a soup. As a result, the infection by blood led to the infec- “There immediately began to beat us all. Immedi- tives of the active forces of the Russian Federation. They drank water from the wash basin, which was tion of the person E-05 with viral hepatitis C. ately. First, with legs and fists, then with sticks, The captives were kept In the field almost a day, and in the corridor. On February 26, 2016, E-05 was released from and when the sticks broke with our bodies, I heard then they were taken to Donetsk, to the courtyard of In the basement of the building of the SSU, the captivity as a result of a prisoner exchange operation one phrase: “What do you beat them with?” They the SSU building in the Donetsk Oblast. captives were guarded by armed fighters of the self- between the self-proclaimed “LPR” and Ukraine. are the cyborgs! “- and submitted a metal square In the courtyard of the SSU, the captives were proclaimed “DPR”, who constantly beat the person tube.” The captives were put on their knees, they searched by three-person per captive. During the Event on detention and further torture forbade them to speak Ukrainian, forced to jump, search, the militiamen beat the person E-04 with E-04 and all others, could remove someone of the of the E-07206 unload coffins with the bodies of Ukrainian service- hands in the chest, with legs in his legs, with hands cell and beat, or beat directly in the cell, while ex- men, threatened with the massacre of their loved in the liver. Forced the E-04 to wipe boots on the claiming: “Your time has come, pray, now you will Е-07 is a citizen of Ukraine, living in the Konstan- ones. In addition, the person E-03 had to witness Ukrainian flag, that assaulted his dignity. The per- go to the forefathers “. tynivka, Donetsk Oblast. the brutal murder of Igor Branovytsky, who was tor- son E-04 refused to wipe his boots on the flag, for They were beating E-04 many times with weap- From June 23rd to August 3, 2014, he was held in tured by the militants of the so-called “DPR”: “They this he was beaten with weapons on the back, legs, ons on the back while saying that they would bring captivity in the so-called “DPR”, where he was sub- shot him to death. He was all in the blood, exhaust- and arms on the body. him to the yard of the building of the SBU and shoot jected to torture and ill-treatment. ed and, as I understood, with all the bones crushed, After the search, the captives were lined up and the him. In particular, during the “interrogation” E-07 was nothing was alive on him. He already had blood so-called “DPR” fighters gave Russian journalists the For the sake of entertainment, the E-04 was beaten with feet, hands, of weapons, and batons. from his mouth and from the nose...They pulled me opportunity to film captives and the E-04 on the cam- forced to do push-ups from the floor and squats, His leg was shot down, he was not given proper aside and said: “Look, it’s the consequences of the era, while journalists put questions that humiliated and when he was out of energy, they began to beat medical aid, which caused severe pain and physi- nonfulfillment of our demands!” Then the E-03 was human dignity, namely: “Why do you shoot civilians?” him on their feet with a baton. On December 26, 2014, E-04 was released from 205 KHPG Archive, SLC’s fund, inventory 8, file 24. 203 See MB data base, case No. P753. 204 KHPG Archive, SLC’s fund, inventory 8, file 23. captivity. 206 See MB data base, case No. M1976.

60 ALLEGED CRIMES ALLEGED CRIMES 61 cal suffering. In addition, the soldiers beat him with pression fractures of the back in two places, cut off a party ticket to Mr. E-08 in the car, testifying that he that each day the militants placed the captives in sticks in the wound. the phalanx of the little finger of the left hand. She belonged to one of the pro-Ukrainian political forc- a line and forced to count off in order, every fourth or E-07 forcefully ate pepper and was not given the had her both eyes taken out from the eyeball with es. This fact has caused the arrest and subsequent fifth was shot at the head. In the evening there were water. They could feed him a glass of pepper. a teaspoon, they drilled her body with a screw gun terrible misery of its owner. On the same day, being from 9 to 15 people executed. Those who remained Also, the E-07 and his “cellmates” were put with more than 10 times, destroyed the fingers of her left at home in a state of shock because of the morning alive were forced to dismember and pack the bodies. a face to the wall and shot with pneumatic weapons foot with her pliers, and hammered her kneecap. events, the E-08 was detained by representatives About another method of killing and torture the on their legs. In addition, they threatened to saw In addition to physical injury, she suffered a psy- of the illegal armed group of the Kharkiv organiza- E-08 witnessed: “The hung up some captives with him up with a gas chainsaw. chological trauma. She experienced multiple imita- tion “Oplot”. One of the militants was recognized their legs and stripped their skin. All others were The first time the captives were given neither wa- tions of shootings, a game of “Russian roulette”, by the victim and further identified through an open obliged to look at this process and not to let their ter nor food. After three days of being captured the collected the remains of her companion in polye­ page in the social network. It was one of those who eyes down, and if someone did, he had to be in that captives were given porridge and one time per two thylene bags and witnessed torture and murder of robbed him in the morning. After his arrest, he was place. A person shouted, asked and eventually lost or three days. They did not provide medical aid to many people. sent to a building of the former HUBOZ by his own consciousness. They stopped, brought him to life, the captives, and only once brought brilliant green. The person says about torture: “They brought car, which was already used by criminals for their and then continued. Subsequently, the remains A week after the abduction, they stopped tor- me to the office to the prosecutor. There were about “needs”. The decisive argument for the detention had to be sawed up. “However, the whole arsenal of tures of E-07. ten people drinking. I was beaten on my knees by of the E-08 was a video dated March 2014, where perverted fantasy of those knackers, which was evi- Behind the door there were always armed people, hammer until it broke. Then they found another he was on the Lenin Square in Kharkiv at a meeting, dently formed in two Russian-Chechen military cam- from time to time they went to the cell, checked if hammer. They beat me until the second hammer surrounded by the leadership of the local party or- paigns, does not end there. The captives were used everything was all right. In a cell, both living people broke. Then they brought a screwdriver and drilled ganizations “Batkivshchyna” and “Svoboda”. for the mine lifting. Here’s how E-08 mentions this: and the bodies of dead people could be at the same my body. More than 10 times, twice in the chest, Being hostage for almost 4 months, the E-08 “We were taken for 5–7 km off-road. We thought we time. At night the bodies were taken out. Once E-07 footstep... There are reports of forensic medical ex- was in different places: an office, a pit, a garage, a will be shot, but we were told to turn around and go. heard that three people were shot in the next cell. amination and photos. Then the Chechen and other basement. During this time he had to see and expe- We were going. At first, we did not understand why, Sometimes there were coming people in the cell, Russian soldier came, they had a clear Russian ac- rience many terrible events. Among them a gunshot while the first 3–4 people did not explode in a mine... It was forbidden to stand, those who stood — were who had their bodies cut in different places, as they cent. The Russian with a call sign “Solovey” cut off wound in the thigh, bullying and brutal beatings in shot. From that field, on the first day, about 20 peo- claimed, had been injured as a result of torture. my finger, and the Chechen began to insert a tea- the various parts of the body, tortures, and cuts with ple out of more than 100 came back”. E-07 always asked about his fate, but one of the spoon into the left eye. And then he began to pull a knife. They locked him up in handcuffs and hung E-08 was searched and released by parents who, commanders of the so-called “militia” said that he out the right eye. Then I was already screaming a him, accompanying it with beatings; dragged a gas by their own efforts, redeemed their son in the fall had to leave here for a long time. In total, he spent lot. When a lot of tears came up, he decided that mask onto the head, blocking access to oxygen; of 2014. 41 days in captivity. he had already pulled out my eye. When I raised gave an electric shock; once forcibly filled the glass The collected information gives reasons to con- 08/03/2014, they took the E-07 out of the cellar, my face and he saw that my eye was still in place, of a mixture of red and black pepper into the mouth sider that these acts on the part of the IAG had put a sack on the head, put him in a car, took him to he made another attempt to insert a spoon into my and for a long time did not give water; constantly committed moral and psychological pressure, hu- a large-scale and systematic nature. the highway and left there. eye. But someone from his team said: “Do not touch miliated him. At the same time, E-08 received no This likely violates the RS and the Geneva Con- that eye, maybe we will need her. We’ll throw her medical aid, which caused putrefaction of the leg ventions and constitutes the crime of “torture” as An event of detention and further torture away somewhere, force to work for us. She can still 207 shot by a gun, and the wounds did not heal. a crime against humanity and/or a war crime. of a volunteer serve us.” Released on September 30, 2014. In addition to physical injury, the E-08 suffered Mrs. B. was taken hostage by representatives of irreversible mental distress. Representatives of the Event on the detention and further torture the Cossack Regiment of the so-called “LPR” June IAG forced him, along with other hostages, to par- Torture by Legal Armed Groups (LAG) of the E-08208 20, 2014, during the intersection of a checkpoint ticipate in the cleaning of corpses and amputated The tortures committed by LAG are less known with her own car, near the city of Rovenky of Lu- On June 21, 2014, the E-08 was going to the job on parts of bodies, the number of which grew every due to the lower number and high level of latency, hansk Oblast. (details of the circumstances of the his own car by Makiivka by-pass and was stopped by day. These were the bodies of people who were tor- since almost always such torture begins with illegal detention — in section 5.4 above). armed people in a camouflage uniform. Threatening tured and arbitrarily killed in different ways or who detention at the place of residence of the people In all, Mrs. B. was illegally detained for 103 days. the massacre, militants took the possession of the were executed after so-called “judgments”. along the contact line, and the victims, fearing for During this time, she suffered numerous torture car by force, arguing their actions with the words: 9 horrifying days E-08 had to be captured by mer- the safety of their family, are not accused of testify- that resulted in mutilation: 19 strokes with a baton “for the needs of the DPR”. Person E-08 has returned cenaries of the Chechen nationality, where, accord- ing the circumstances of such detention and subse- on the head, a broken ear, three broken ribs, com- home on foot. In a fateful coincidence, there was ing to the E-08: “All that I carried before was flow- quent ill-treatment. ers.” He survived the game “counting”, which was Information on tortures committed by the Ukraini- 207 See MB data base, case No. C3282. 208 See MB data base, case No. M2317. arranged by militants. The content of the game was an party to the conflict sometimes appeared in mass

62 ALLEGED CRIMES ALLEGED CRIMES 63 media, in particular, Russian soldiers detained in bers of non-violent meetings or civilians who did tions, mock executions, asphyxiations, acts of in- cado detention where he met detainees who had been the conflict zone, were taken to the press conference not relate to the political events. timidation and threats of sexual violence against beaten and subjected to mock executions. A freelance about their arrest with apparent signs of beating The reasons for the detention are as follows: themselves and their family members. In the light of journalist claimed that during his detention and (bruises on the face and visible parts of the body).209 • suspicion of sympathy for Russian or separat- all the work done and experience gained during the SBU interrogation, masked men forcefully raised his The HRMM documented a message that the ist forces; visit, the Subcommittee has no difficulty in conclud- handcuffed arms behind his back and hung him in Ukrainian forces used torture and ill-treatment in Il- • journalists and volunteers suspected of espio- ing that these allegations are likely to be true. that position urging him to confess to working for the lovaysk and surrounding villages for men aged 30 nage; 35. Many of the above-mentioned acts are al- Russian secret services. Several other detainees inter- to 66 years. The victims were suspected of being • abduction in order to obtain ransom or intimi- leged to have occurred while the persons concerned viewed by the HRMU alleged incommunicado deten- members of the IAG or otherwise associated with dation. were under the control of the State Security Service tion and ill-treatment that may amount to torture.”213 them. In Illovaysk, from August 18 to 28, 2014, most In addition, monitors know about other catego- or during periods of unofficial detention. In such “46. On 9 April, the HRMMU interviewed a resi- of the victims were kept in school No.14 by the Don- ries of victims, who, however, refused to testify be- cases, detainees accused of crimes relevant to the dent of a Government-controlled town in Donetsk bas volunteer battalion, which fought in the Ukrai- cause of the fear of forfeit. armed conflict in eastern Ukraine, such as offences region who claimed to have been kidnapped in nian forces. The conditions in which men were held The presence of unregistered places of deten- under articles 109–115, 258, 260–261 and 437–438 October 2014 by a man in civilian clothes who put can be equated with ill-treatment. The victims were tion in the areas controlled by Ukraine is also indi- of the Criminal Code, are alleged to have been tor- a bag over his head, handcuffed him and placed beaten. Currently, in the report of HRMM “Violation cated by the HRMM, AI and others, with reference tured in order to extract information regarding their him in a vehicle. Then he was held in detention of human rights and international humanitarian law involvement or that of their associates in “separat- to the testimony of persons who have visited such in a basement. For three days, he was reportedly in the context of events under Ilovaysk in August ist” activities and to identify armed groups’ military places and have been subjected to torture and ill- beaten and electrocuted by masked assailants. He 2014,” the cases of thirteen people from Ilovajsk positions. The Subcommittee also understands treatment. was forced under torture to sign a confession stat- and surrounding villages who were subjected to In 2014, cases of torture and beatings by repre- that, in some cases, acts were committed by private ing he had been “transferring intelligence informa- torture or ill-treatment are documented.210 sentatives of “Azov”, “Aidar”, “Shakhtarsk” (“Tor- individuals or volunteer battalions with the consent tion” to the ‘Donetsk people’s republic’. Then the The UHHRU, the non-governmental organiza- nado”) and “Dnepr-1” volunteer battalions were or acquiescence of public officials. man was taken to another basement, which he later tion Truth Hounds and KHRG documented cases frequent. 44. “...On 14 November, a Donetsk resident died discovered as located in Poltava. There, an SBU in- of 23 people detained by Ukrainian security forces Speaking about the tendency, it should be noted on the premises of Izium district police department vestigator, in the presence of witnesses, compiled based on data from 20 interviews conducted with that in 2014 — the first half of 2015, such detentions (Kharkiv region), shortly after being taken out and a protocol about his detention “as a person who victims and witnesses of events, as well as photos and further torture were committed by representa- then returned by masked men and an identified was caught while committing the crime”. Two days and documents transmitted by them.211 tives of volunteer battalions, sometimes involving SBU official. Forensic examination found multiple after, a Poltava court 12 decided to place him under Overall, 19 of the 23 detainees were tortured representatives of the SSU, and from the second and extensive hematomas on his body and a closed house arrest. In February, the investigator tried to and ill-treated. Among the documented arrests, half of 2015, the main performers were the repre- blunt injury of the chest. On 10 November, the HRM- force him to enter a plea bargain, which he refused only three cases of arrests took part in violent ac- sentatives of the SSU themselves. It is connected MU interviewed a man who was arbitrarily detained to do. In the beginning of April, while meeting with tions aimed at overthrowing Ukrainian authorities. with the process of legalizing of the volunteer bat- by the SBU and kept incommunicado for two months the investigator, he was given a mobile phone and In other cases, arrested people were former mem- talions and transferring them under the command in the SBU building in Kharkiv. recognized the voice of one of the individuals who of the UAF, which led to the “clearing” of the ranks. ... 209 Задержанные российские десантники: мы не заме- The SSU deny all the allegations of torture and 69. The overall concern with the administration had tortured him in October. The man said that if тили, как пересекли границу [The detained Russian of justice relates to violations of fair trial standards. he would not sign a plea bargain, they would meet paratroopers: we did not notice how they crossed the ill-treatment, using rhetoric: “the criminals claim border]. Golos Ameriki (online), 27 August 2014, about torture to not take a responsibility for their The HRMMU has evidence of ill-treatment, with al- again. Later, the interlocutor informed the HRMMU 214 “49. HRMMU continued to observe a persistent 210 However, international organizations have re- arrested by the SBU and MoIA in trying to secure Report of the OHCHR “Human rights violations and 212 abuses and international humanitarian law violations peatedly reported receiving information about tor- forced confessions.” pattern of arbitrary and incommunicado detention committed in the context of the Ilovaisk events in Au- ture committed by SSU employees. Thus, the Sub- “38. In December 2014, the HRMU interviewed by the Ukrainian law enforcement (mainly by the gust 2014”, para. 9 a man who was unofficially detained by unidentified Security Service of Ukraine). These cases were often Committee Against Torture stated in its report on Ukrainian servicemen and allegedly severely beaten 213 211 “Illegal arrests and torture committed by the Ukrai- the visit to Ukraine in 2016 the following: for several days. Another detainee claimed to have HRMMU Report on the human rights situation in Ukraine 1 December 2014 to 15 February 2015 nian side in the zone of the armed conflict in the East “34. The Subcommittee has received numer- been beaten by SBU officers and kept in incommuni- of Ukraine: Information report of the Ukrainian Helsinki 212 214 tion Group and a non-governmental organization Truth would amount to torture and ill-treatment. Persons HRMMU Report on the human rights situation in Ukraine HRMMU Report on the human rights situation in Ukraine Hounds”, UHHRU (online), on 15 December 2014 16 February to 15 May 2015 . of the country have recounted beatings, electrocu- port_on_Ukraine_15_December.pdf> RreportUkraine.pdf>

64 ALLEGED CRIMES ALLEGED CRIMES 65 accompanied by torture and ill-treatment, and viola- the victims begged a lawyer not to raise allegations 2014, a serviceman of the Kirovohrad volunteer bat- further interviews, and as of 15 February 2018, it had tions of procedural rights.”215 of torture in court, fearing reprisals. The victim told talion together with five fellow soldiers was detained interviewed 64 of the released individuals, on both “43. HRMMU consistently documents reports the doctors in the pre-trial detention facility (SIZO) by a group of 20 armed men. The victim was held in- sides of the contact line. All described having been throughout the country of recurrent allegations that he was injured falling from a tree. Both victims communicado in for three days subjected to torture or ill-treatment, sexual violence, of ill-treatment during arrest and the first hour in- remain in detention, with trials ongoing. in the basement of the SBU regional department threats of violence, inhumane conditions of deten- terrogations that are led by SBU. A man, detained 49. In another case, on 16 June 2016, a victim was building in Kramatorsk. He was tortured several tion and/or violations of fair trial guarantees.”218 by SBU on suspicion of preparing a terrorist act in physically attacked next to his apartment building by times a night in order to extract information about The absence of the effective investigation of cas- Zapo­rizhzhia, claimed to have been repeatedly and two men wearing balaclavas. The victim ran out into his commanders. The victim was beaten, includ- es of torture in the GCA is of concern. Unlike the situ- heavily beaten, including in the SBU building... the street, where two other individuals hit him on ing with truncheons, and hung from bars while be- ation in 2014, the Ukrainian government completely “48. A woman who was detained by SBU on sus- the head, strangled him, and kicked his head when ing hit and subjected to electroshocks. On the third controls law enforcement agencies in the regions, picion of preparing a terrorist act claims that during he fell on the ground. He was handcuffed, dragged night, the perpetrators cuffed the victim’s hands and the legal status of volunteer units is regulated. her interrogation, she was hung by her hands hand- into a van, and driven 30–40 minutes away. When the behind his back, put duct tape tightly over his eyes However, it should be noted that the investigation cuffed in the back until her elbow joints were torn van stopped, an SBU official of the Kharkiv regional and mouth causing pain, pushed him to the floor of war crimes and human rights violations is carried apart. About 20 times, a gas mask was reportedly department questioned him about his acquain- and kicked him. The victim lost consciousness and out very slowly or not carried at all. put on her head, with the inhaler closed.”216 tances who joined the armed groups of the ‘Donetsk choked on his own blood. The beating continued un- The locations of tortures by the Ukrainian forces “47. During the reporting period, OHCHR contin- people’s republic’. Unsatisfied with the victim’s re- til the victim confirmed that he was ready to “con- are difficult to establish, among those that were ued to receive allegations which match the previously ply, SBU officers strangled, kicked and punched him fess”. He was told what to say in court and forced able to detect by KHRG monitors and representa- documented pattern of use of torture to extract con- while threatening his family. When the victim agreed to sign documents. The SBU officers who took him tives of AI: the basements of the shops and admin- fessions from persons suspected of being members to cooperate, the SBU officers explained that he to the court threatened that if he asked for a lawyer istrative buildings, kindergarten in the village of of or otherwise affiliated with armed groups. Also, would be taken to the Ukrainian-Russian border and or complained, his “therapy” in the basement would Stanytsia Luhanska, unregistered places of deten- in a few cases, Ukrainian servicemen detained on detained for “smuggling weapons”. At the border, continue. In the presence of two masked, armed SBU tion (SSU buildings in Kharkiv, Kramatorsk, Izium suspicion of committing criminal offences were sub- one officer stabbed the victim’s heel so he would not officers, the judge ordered his pre-trial detention for and Mariupol), police departments or their struc- jected to torture until they provided self-incriminat- be able to escape. Afterwards, the victim was taken 60 days, without announcing any charges. The vic- tural subdivisions (formerly the linear department ing testimonies. It is deeply concerning that investi- to the Kharkiv SBU building and forced to memorize tim’s injuries were later documented at hospital and of the Volnovakha police department), etc. gations into allegations of torture are rarely opened a written statement. His “confession” was video re- in the SIZO. Despite his written complaints about the The KHRG monitors documented at least 4 cases and when so, have been ineffective. Defense lawyers corded. The victim is currently on trial for “terrorism” incommunicado detention and torture, as well as two involving the torture of civilians by representatives also rarely raise allegations of torture, either due to and “trespass against territorial integrity of Ukraine”. court orders for the Office of the General Prosecutor of the LAG, namely the SSU or volunteer battalions. intimidation or as a strategy to reduce the sentence. While the Military Prosecutor for Kharkiv Garrison is to conduct a forensic expertise of his injuries and in- 48. For example, in August 2015, in two separate vestigate the circumstances of his arrest, there has investigating the allegations of torture, no notifica- Circumstances of committing episodes, SBU arrested two residents of Kharkiv re- been no progress in investigation. As of 15 Novem- tions of suspicions or indictments have been issued. separate crimes by the LAG gion accused of being supporters of the ‘Donetsk 50. In another case, a man was detained in his ber 2017, he remains in detention and complains people’s republic’ and ‘Luhansk people’s republic’ home in Nyzhnioteple in November 2016 by mem- about not receiving necessary medical aid.”217 Event on the detention and subsequent torture 219 and planning to carry out subversive activities. Both bers of the UAF. They searched him at gun point, “27 December 2017 a simultaneous release took of a civilian victims were transported to the regional SBU de- beat him causing lasting pain, and subjected him place: 233 individuals were released by the Govern- On January 23, 2015 Mr. G. was at home (Donetsk partment, where they were tortured (beaten, hands to suffocation and electroshocks. They forced him ment of Ukraine and 74 individuals were released by Oblast). 6–8 people with assault rifles, who intro- twisted behind the back, subjected to mock execu- to make a video confession that he provided infor- armed groups. As indicated in paragraph 10 of the duced themselves as a police, broke into his house, tion, and threats of violence against their families) mation on Ukrainian military positions to armed Annex II to the 21st HRMM report, “Of the 234 indi- put him on his knees immediately and tied his hands until they signed self-incriminating statements. groups. Then he was taken to the viduals released by the Government, OHCHR had behind with the plastic collar (more about the cir- Although they were taken to hospital, SBU officers SBU building where he was interrogated without already been monitoring 142 cases prior to the si- cumstances of the arrest — in section 5.4 above). instructed doctors not to record any injuries. One of a lawyer and forced to sign papers in order to re- multaneous release, having interviewed individu- After beating, he was taken to the former linear ceive medical care. Afterwards, he was taken to the als while in detention facilities in government-con- department of the Volnovakha district police station, 215 HRMMU Report on the human rights situation in Ukraine hospital but threatened by SBU officers not to com- trolled territory and observed related court hearings. thrown into the dining room, locked with handcuffs 16 May to 15 August 2015 After the simultaneous release, OHCHR undertook a spotter for armed groups and is currently on trial. 218 HRRMU Report on the human rights situation in Ukraine 217 216 HRMMU Report on the human rights situation in Ukraine 51. HRMM also followed cases of Ukrainian ser- HRRMU Report on the human rights situation in Ukraine 16 November 2017 to 15 February 2018 16 August to 15 November 2015 16 August to 15 November 2017 port_on_Ukraine_EN.pdf> while detained on criminal charges. On 30 October UAReport20th_EN.pdf> 219 KHPG Archive, SLC’s fund, inventory 1, file G-02.

66 ALLEGED CRIMES ALLEGED CRIMES 67 to the battery, started to beat on the head, neck, and the beating of Mr. M., and on November 30, 2015, both detainees were taken to the field with sacks on including civilians and members of the armed for­ces hands. this proceeding was closed. their heads. They were told to sit silently for 15 min- and volunteer battalions or armed groups. These Mr. G. was kept indoors for a week, each time utes, then take off the sack and ride. The servicemen alleged crimes were attributed to both state and 221 has beaten twice a day as scheduled. Beaten with An event about the torture of E-10 brought the E-10’s car into place, but the audio system non-state forces. In several reported cases, sexual the directory “Yellow Pages” on the head, drowned In May 2015 Mr. E-09 asked his friend — the E-10, and all the money that were there were taken out of it. violence, including rape, threats of rape, beating of in a bucket of water, tortured by electric current. a middle-aged man, to bring him to the village. The E-10 was detained for the second time in June genitals and forced nudity were perpetrated in the 222 On January 31, 2015, he was taken to the imitation At one of the checkpoints in the district of Bakhmut, 2015. This time, the detention also took place in the context of interrogations.” of the shootings, and then he was sent to Mari- they stopped them, checked the documents, but district of Bakhmut, on the checkpoint. His car was In order to be able to consider documented upol, where arranged as a detainee and they began allowed to go further. However, soon they were taken away, and the E-10 was transported to anoth- acts of sexual violence during an armed conflict as a criminal case on charges of terrorism, but subse- caught up by the car, from which came the service- er car. Herewith, they also tied his hands and put a crime against humanity, we draw attention to the quently the court found the person to be innocent. man, sat in the car to the E-10 and ordered him to go a sack on his head, and brought to the premises of need to focus on three elements: the act (what ex- in the direction of one of the checkpoints. an unknown factory. actly was committed); circumstances (in what con- An event about the torture of a pensioner220 At the checkpoint, they immediately began in- E-10 was interrogated. During the interrogation, text the act was committed); the regime of responsi- On January 16, 2015, an explosion of an unknown terrogating both passengers, suspecting them in he was not beaten, but they imitated shooting, bility (how the crime was committed and what kind device occurred at the checkpoint of the UAF located separatism (according to the E-10, he did not take shooting him near the head and between his legs. of character was the role of the alleged offender in in Stanytsia Luhanska, Luhansk Oblast, resulting in any part in political events at all). The servicemen Person E-10 was forced to write a statement that he committing sexual violence). the death of one soldier and two injured. searched the car, then put the sacks on the heads donates his car to the militaries of the ATO zone, as Sexual abuse in the context of armed conflict On February 10, 2015, a pensioner Mr. M. was ar- of both detainee, tied their hands and put in the well as another statement that he has no claims to includes rape, sexual enslavement, forced pros- rested at the police checkpoint near the contact line truck body. The person E-10 was suspended with his the people who detained him. titution, forced pregnancy as defined in Article 7, (see details of the circumstances of the arrest in sec- hands and beaten; they knocked all his teeth from They released E-10 the same day, returning his paragraph 2 (f) of the RS, forced sterilization and tion 5.4 above). After the arrest, Mr. M. was taken to one side. One of the soldiers began to cut his ear. car heavily damaged. The new mobile phone of the any other form of sexual violence. Any other types a basement, there were several other people, put E-09 looked over the “Right Sector” chevron on one E-10 also disappeared from the car, the rest of the of sexual abuse include genital mutilation, forced on a chair and beaten with the iron pipe on the body of the militaries who beat them. things remained on the spot. nudity, threats of sexual violence against the victim and legs. After being beaten, he was dragged to the The beating continued until the truck drove to the The collected information gives reasons to con- and members of his family. Sexual abuse can be basement, he lost consciousness several times. destination — the military supporting point. There, sider that these acts on the part of the LAG had part of torture, injury, murder, persecution, viola- Subsequently, he was brought to another room, the E-10 was interrogated again, but this time with- a large-scale and systematic nature. This likely vio- tion of human dignity. placed to the wall, then they led three more people out beating. lates the RS and the Geneva Conventions and con- Women, men, boys, and girls become victims and they began the identity parade. After this, they After interrogation, the E-10 apart of his friend stitutes the crime of “torture” as a crime against of sexual violence during an armed conflict. At the continued to beat him, without the use of the pipe. was taken to the premises, which he identified as humanity and/or a war crime. same time, feelings of guilt and shame, fear of re- After a brutal beating on the of Mr. M.’s body one of the factories in Bakhmut. He was kept in the venge, or taboo, deter the victims of violence from there were numerous bodily injuries: the popliteal premises of a warehouse. At night, the soldiers who reporting about it. Some testimony statements in 223 hematoma of the inner thigh, slaughter of the chest, beat the E-10 came to the room and forced him to the HRMM reports are an accessible source of in- the abrasion of the thoracic spine, which were re- confess that he corrected the artillery fire by putting 5.6. Sexual and gender-based formation, and in the ICC practice in cases of sexual corded both when he was placed on the Severodo- the corrector’s notebook to him. crimes violence, the evidence is not required to support the netsk temporary detention facility on February 12, As a result of a stroke in the back of his head, they testimony of victims under the general rules of the Legal classification of sexual 224 2015, and to the Starobilsk pre-trial detention facil- cracked the base of the skull, which turned out only evidentiary procedure. and gender-based violence ity 20 February 2015 He was prescribed anesthetics. during the medical examination after the release. Ac- 222 During the HRMM monitoring visit to the Staro- cording to the E-10, the person who beat him wore The report of the Office of the Prosecutor for 2017 Report on Preliminary Examination Activities 2017,The Office of the Prosecutor (ICC), (online), 4 December 2017, bilsk pre-trial detention facility, representatives of a chevron of the “Aidar” battalion. After beating, the states that “while there are some documented in- , par. 109. 223 tortures used to him, and on April 22, 2015, they relatives were correctors, but he refused. in the context of the conflict in eastern Ukraine, the «Секція звітів і публікацій» [Reports & Publications section], UN Ukraine, (online), 2014–2018, information available might suffer from underre- applied the information on illegal actions of law en- The next day Mr. E-09 was placed in the cell. forcement officers, including in this case, to the GPO. The previous night he was kept separately, at the porting due to social and cultural taboos, and a lack 224 «Доповідь: „Сексуальне насильство, пов’язане з конф­ On May 17, 2017, the Luhansk Oblast Prosecu- military positions, where he was also beaten with of support services for victims in conflict affected ліктами в Україні“ [Report: ‘Conflict-Related Sexual Vio- tor’s Office initiated a pre-trial investigation upon breaking the ribs. In the evening of the same day, areas, among other factors. The majority of docu- lence in Ukraine’], (online), 14 March 2014 — 17 January 2017,

68 ALLEGED CRIMES ALLEGED CRIMES 69 Most cases of sexual violence associated with National legislation and judicial practice of crimi- above crimes can be punishable by imprisonment In paragraph 5 of the Resolution of the Plenary armed conflict in eastern Ukraine occurred in the nal prosecution of sexual violence in Ukraine are for a term of three to 15 years.225 Assembly of the Supreme Court of Ukraine No. 5 context of the deprivation of liberty of people from sufficiently limited and do not meet international In national law and judicial practice, rape is de- dated May 30, 2008 “On judicial practice in cases the LAG or IAG. In such cases, both men and women standards and practices. Due to the various gaps, fined as sexual intercourse between persons of the of crimes against sexual freedom and sexual integ- were sexually abused. Genital mutilation and elec- the allegations rarely reflect the severity of their ac- opposite sex against the will of the victim, combined rity of a person” it is stated: “The state of the victim trocution, rape, threats of rape, and forced nudity tions or the nature of the crimes and their impact on with the use of physical violence, threats of violence should be considered helpless when it is due to the were used as methods of torture and ill-treatment victims, limiting the administration of justice and or using the helpless state of the victim. This defi- young or elderly, physical impairment, mental dis- to punish, humiliate or obtain confessions. In ad- access to effective methods of legal protection. Law nition does not cover rape between persons of the order, painful or unconscious condition, or for other dition, in order to increase the pressure of the per- enforcement officials, prosecutors, and judges lack same sex. Therefore, except in cases where the of- reasons, because of which the victim cannot under- petrators of the crimes, they also threatened with knowledge of how to document, investigate and deal fender is a woman, men and boys cannot be con- stand the nature and significance of the committed detaining, abducting, raping, injuring or killing the with cases of sexual violence connected with con- sidered victims of this crime. In addition, the con- actions or cannot resist.“226 relatives of victims, especially their children and flict, including those in the context of alleged torture cept of “helpless state” of the victim is interpreted In Articles 426 (omissions of military authori- wives. In most cases, in the territory controlled and ill-treatment. As a result, victims of sexual vio- by the investigators and the courts in a restrictive ties — non-stopping of the crime or non-alerting by the IAG, sexual violence was also used to force lence often face inactivity by government agencies manner, since it does not include the circumstances about the subordinate who committed a criminal persons deprived of their liberty, to renounce their or armed groups, that control relevant areas. which are characterized by coercion or the inability offense or other inaction by the military authorities, property or to perform other acts required by the Today, national legislation does not contain of the victim to give consent that would express her if it caused grave consequences) and 426-1 (abuse perpetrators of an offense, as an obvious condition a clear definition of gender-based and/or sexual true will, which is extremely important in conditions of power or authority) also provides for commands for their security and release. Most of these cases violence. Article 1 of the Law of Ukraine “On Ensur- of armed conflict. liability, which includes the features of responsibil- occurred in 2014–2015. At the same time, today ing Equal Rights and Opportunities of Women and According to the provisions of the Criminal Code ity for inaction and has particular importance in the there is information indicating that such practice is Men” defines the notion of “sexual harassment” as of Ukraine, the vaginal or anal penetration, cases of context of an armed conflict. However, the provi- still kept on both sides of the contact line. verbally expressed sexual act (threats, intimidation, sexual violence, where the offender and the victim sions of these articles are predominantly applica- We note that the highest risk of suffering from scurrilities) or physically (touching, patting), which are of the same sex, or other violent acts of a sexual ble when commanders commit crimes against their sexual abuse is related to the detention of a person, humiliate or offend persons, in the state of work, nature, can be considered only “violent unnatural subordinates and are not often used to act against but there are also cases of sexual abuse of the civil- service, material or other subordination. A person gratification of sexual desire” and only if the intent the civilian population. ian population, especially with regard to women in who has suffered from sexual harassment is enti- of the offender to satisfy his sexual desire in this the area near the contact line, as well as areas un- tled to compensation for material damage through way will be established. der the control of volunteer battalion fighters and at a court, but this act is not recognized as a criminal In the Criminal Code of Ukraine, there are two ar- Sexual violence during the armed conflict the checkpoints of the IAG recorded. offense and no appropriate punishment for its com- ticles which can be directly applied to cases of sex- in eastern Ukraine by the LAG The reason for the increase in cases of sexual mission is provided. ual violence connected with the conflict. Part one of We have documented a number of cases of sex- violence was the deterioration of the economic situ- The Criminal Code of Ukraine contains five arti- article 433 provides for criminal liability for violence ual violence committed by representatives of vol- ation, the impoverishment of the majority of the cles dealing with sexual violence: rape (Article 152), against the population in an operational zone, unteer battalions, servicemen of the UAF, officers population, which forced many women to engage the violent unnatural gratification of sexual de- which may include sexual violence; such a crime of the SSU. The documentation of cases of sexual in so-called “sex in exchange for food,” especially sire (Article 153), compulsion sexual intercourse is punishable by imprisonment for a term of three violence on government-controlled areas was ag- in conflict-affected areas. Also, community disar- (Article 154), sexual intercourse with sexually im- to eight years. Article 438 provides for criminal li- gravated by the fact that victims and witnesses did ticulation as a result of conflict and forced displace- mature person (Article 155) debauchery of minors ability for violating of rules of the warfare, which not want to talk about violence because of fear of ment forces some people to harmful survival strate- (Article 156). Articles 152, 153, 155 and 156 apply ir- includes the ill-treatment of prisoners of war or ci- revenge, stigmatization in the community, and the gies and adaptation mechanisms. respective of the relationship in which the offender vilians (which in turn may include sexual violence); perception of sexual violence as secondary in the Acts of sexual nature are not limited to physical and victim are. Article 154 applies only to cases this crime is punishable by imprisonment for a term context of an armed conflict. violence and may not even involve physical con- where the victim is materially or functionally depen- of eight to 12 years. The main focus of the Criminal During the collection of information, cases of tact — for example, when it comes to forced nudity dent on the perpetrator; this is rarely used for sexu- Code of Ukraine is on individual criminal responsi- sexual abuse of men and women in illegal places of or enforcement to look at an act of a sexual nature. al violence in conflict situations. Article 156 applies bility for the physical commission of a crime or aid- detention, at checkpoints, and also in connection According to international jurisprudence, sex- only in cases where the victim is under the age of 16. ing, incitement or other assistance in the commis- ual and gender-based crimes may constitute acts The CC also provides for crimes related to sexual sion of a crime. 226 «Постанова Верховного Суду України від 30 травня of genocide or other crimes against humanity or exploitation and forced pregnancy, but only in the 2008 р. № 5 „Про судову практику у справах, пов’язаних war crimes, such as torture, mutilation, persecu- context of trafficking in human beings (Article 149), із злочинами згвалтування“» [Resolution of the Supreme 225 «Кримінальний кодекс України від 2001 року» [Crimi- Court of Ukraine from 30 May 2008 no. 5 «On judicial tion, inhumane acts, and outrages upon human which limits the scope of application of the relevant nal Code of Ukraine from 2001], VRU (online), practice in cases related with rape crimes»] VRU (online), dignity. provisions. Depending on the circumstances, the .

70 ALLEGED CRIMES ALLEGED CRIMES 71 with the deployment of military personnel in settle- She screamed hard and resisted. One of the attack- In one of the cases of the criminal activity, the plastic tubes and other objects; Also, a device similar ments were revealed. ers struck her face with a metal bowl, breaking her Tornado Combatant, Ruslan Onishchenko forced the to an electric generator was used to torture. For this, Among the forms of sexual violence committed nose and lip. She managed to escape to another girlfriend of his to masturbate him. “He forced me to the victims were first undressed, put on a concrete to women by the representatives of the LAG, accord- room and call the owner of the house. The owner live with him in the room. Not just in the room, but floor, then water was poured, and then the executors ing to victims and/or witnesses, there was one case called the police and commander of the military on the couch... He forced me to masturbate him...’ touched different parts of the body (scrotum, penis, of rape, forced nudity, the common detention of unit. The woman reported the incident to the police, The girl confessed that she asked not to sleep with temples, etc.) with the bare wires, which caused se- men and women, and one case of sexual relations but when the police came to interrogate her, they Ruslan Onyshchenko on one bed:‘ — I was not ask- vere suffering to the prisoners. During torture, “Tor- with a minor. told that it was her fault. Later, the police investi- ing to move in a separate room — at least on a sepa- nado” employees used marijuana with a bong. The presence of a large number of armed per- gator informed her that the case was closed in the rate bed. I was denied, I was bullied regularly with According to the chief military prosecutor of sons in the region, the reluctance of volunteer bat- absence of evidence of sexual violence. verbal and physical abuse. Well, they were physi- Ukraine, the organization of beating was person- talions to submit to the command of the UAF, re- The authors of the submission documented cas- cally mocking, holding me as a servant.“227 ally engaged by the combatant. One of the victims mains one of the most serious factors that cause es of common detention of men and women in one Also, the soldiers of the ‘Tornado’ arranged said that she was forced to sleep with him. In ad- sexual or gender-based violence, especially with room, on the part of the LAG, in most cases this hap- a torture cell in the basement of the school in Ly- dition, prisoners were forced to do a humiliating regard to women. When the victims reported these pened in non-adapted basements. sychansk, where local civilians, including minors job: to clean latrines, to collect cigarette roaches, crimes to law enforcement authorities, an effective Another case happened on February 14, 2015, and persons of retirement age, were subjected to etc. In case of refusal to carry out, “tornado’ fight- investigation was almost never carried out due to when the F-03 was detained by the soldiers of the rape and torture, regardless of their gender. This ers threatened prisoners with shooting. Some of the imperfection of the law, the unwillingness and Volunteer Battalion “Chernihiv” for interfering with was mainly done in order to capture the property of the detainees were forced to dance and sing songs lack of capacity of the law-enforcers. The detec- another woman, who was called a separatist, a sack the victims and provide additional intimidation. without clothes, squat with a weight of 24 kilo- tion and documentation of cases of sexual violence was immediately put on the woman’s head and she Chief Military Prosecutor of Ukraine Anatoly grams, do push-ups from the floor, and so on. were also aggravated by the lack of regular access was brought to the basement of the ‘Motobond’ Matios said that every fourth “Tornado” soldiers One of the “tornado” soldiers under the threat of to places of detention on the territory controlled by store, located in Stanytsia Luhanska, Luhansk had a criminal record, and the commander of the murder forced the detainee to suck and lick a plas- the IAG and LAG. Oblast. At the time they were taken to the base- unit, R. Onishchenko was prosecuted five times for tic tube, imitating the physiological features of oral ment, there were already seven detainees, six men, committing serious and particularly serious crimes. sex. Another was forced into such actions under and one woman. According to Matios, in the basements of Pryvilne the threat of an electroshock. Many prisoners were Circumstances of committing separate crimes Also, we have documented the case of rape of school, there were specially prepared means for forced to rape each other by anal and oral methods, Thus, there was information about the commis- a minor girl in one of the settlements of the Lu- violent actions, infliction of bodily injuries, beat- recording these scenes in a video. sion of torture with elements of sexual violence hansk Oblast, under the control of the UAF. The in- ings, and torture. According to the prosecutor, the Lilia Ukrainska, a well-known volunteer who brou­ against detainees in cases related to the conflict in terrogated person F-04 reported that a 14-year-old most brutal forms of violence were sexual crimes ght products to ‘Tornado’, reported the following: order to obtain confessions in the commission of so- girl, living in a neighboring street, was raped by against males committed in a highly perverse form “A dozen soldiers stole a young girl and raped called terrorist crimes by SSU employees recorded. a Ukrainian soldier, from whom she gave birth to with the video fixation of the entire process on mo- her for 10 days until the child died. Several times From an excerpt from the phone conversation a child later. This girl is from a dysfunctional fam- bile phones. In the period from March 17 to March I fell into such a situation when I brought help to the F-01: “Armed persons stopped on the road, inject- ily, in which parents abuse alcohol, and the mother, 23, 2015, Tornado employees systematically used military and begin to pray to God to leave from there ed him into handcuffs, put a sack on his head and while alcohol consumption with the soldiers, trans- a basement to beat male civilians.228 alive and healthy. I was not touched, it turns out, delivered to the Kharkiv SSU. He was questioned ferred the girl to them for sexual pleasures against Specialist police officers beat the detainees in only because only because of some kind of laws — and demanded to admit that he was a member of her will. their buttocks and genitals with their hands, legs, ‘the hand that gives should not be tied up.”229 the group “Kharkiv partisans”. The man was beaten Regarding recorded cases of sexual violence In April 2017, the court made a sentence in this with feet in the stomach and head. One of the SSU against men, it is a well-known and prominent crim- 227 «Начальник Торнадо „змушений мастурбувати“ сол- case. Since it is restricted in access, it was unable staff grabbed victim’s genitals and twisted them. inal case with the members of the Tornado battal- датську подругу» [Chief of Tornado “forced to mastur- to access it.230 However, it should be noted that ac- bate” soldier’s girlfriend] — media, Експрес, (online), During this brutal bullying, which lasted about an ion. The criminal proceedings were opened in 2015 09 September 2016, hour, the staff constantly threatened to harm his related to members of the company of the special How criminals-perverts become “heroes of Ukraine], It is also known about the case of sexual vio- fendants were charged, in addition, in committing 228 «Торнадо „злочинів: чоловік був прив’язаний до Аргументы и Факты, (online) 10 August 2016, lence to a woman, committed by LAG soldiers dis- crimes provided for in Part 3 of Art. 153 of the Crimi- спортивного снаряда і згвалтував“», [Tornado crimes: . 230 in Mariinka, the F-02 was alone in her house when sexual desire, committed repeatedly, or by a group (online), 19 Jun 2015 «Вирок Суду у справі No. 756/16332/15-к від 12 квітня

72 ALLEGED CRIMES ALLEGED CRIMES 73 cording to the law of Ukraine “On access to court uniform, weapons to the former criminals, evaded fertility gave birth. Even those who are already 40“.234 In May 2014, a journalist, a F-05 person was de- decisions” it is not possible to limit access to the the criminal responsibility. No criminal proceedings She added that as of November 2016, the maternity tained at a checkpoint in Kramatorsk and was taken document as a whole, it is possible to limit only the against individuals, who were the line managers of hospital had already received 97 births, while for to the so-called commandant’s office. There she information that relates directly to the sexual inter- the “Tornado” and should be held responsible for the same period last year — 46 births. was kept all day long, was accused of espionage in course and other parties to the intimate life of the the war crimes committed by their wards, were not favor of the ‘Right Sector’, threatened with violence. victim. In any case, it is impossible to conceal the initiated. In the evening, a soldier with a call sign “Thunder” composition of the court, the fabula of the prosecu- Incidents of sexual violence in armed conflict Sexual Violence in the areas controlled took her to the apartment and offered to undress tion, and the measure of punishment. Today, this are also described in open sources. For example, by IAG and take a bath, then raped her. “Later, he wanted 231 us to sleep in one bed under the pretext that I could sentence is being contested. the violence against a woman is mentioned in the Sexual violence related to the conflict escape. And I asked him for a long time to sleep For crimes falling within the jurisdiction of the book of one of the former fighters of the battalion in the context of imprisonment alone. He put me in another room but came to my ICC, the RS provides for various forms of respon- ‘Aidar’: “Later, they brought a local separatist, who Despite the limited access to this information, bed at night. I almost fell asleep and woke up from sibility, including the responsibility of command- was questioned... Then she was put in a ventilator which does not allow conducting confidential in- the fact that he squeezed my shoulders and arms, ers and other bosses. According to Article 25 RS, room. A drunk man with tied hands was the hero of terviews, cases recorded by us and the separate and then I felt something cold inside myself, in the a person is individually responsible and punished if Maidan and an officer. He asked to untie his hands services (SSU) that provide assistance to victims of perineum, and I realized that it was a bullet, then he it carries out such a crime individually, in conjunc- and gave the word as an officer, that he will not run tion with another person, regardless of whether sexual violence indicate that persons held by armed penetrated me and... He was lying behind me, I tried away. When the separatist was closed in the room, such other person is subject to criminal liability; if groups, especially women, are at high level of the to escape, cried, and asked to stop. He made several he showed a desire to fuck her. The commandant it orders, incite or induces other persons to commit risk of sexual abuse. moves and stopped. He said that he will not do it forbade him. But when he left, the hero of Maidan such a crime when such a crime is actually com- Members of the IAG are usually detaining and anymore. “Calm down. It is all right. There was noth- got into the room and made his intention. In the mitted or there is an attempt to commit this crime; holding in custody local residents because of their ing” and stayed with me until the morning.” On the morning it was possible to hear in the basement: or if it helps, incite or otherwise contribute to the affiliation with government authorities, support, or third day, “Thunder” released her. what are you standing here? In the queue, to bring commission of this crime. According to article 28 of pro-Ukrainian positions or assumptions about it; We have documented a rape incident in June 2014 up a separatist.“232 the RS, a military commander or person effectively within the so-called 30-day “administrative arrest” in the building of Artemvuhillya, which is located at Also, the former “Aydar’ fighter tells the follow- acting as a military commander is liable to crimi- for violating the curfew or other “laws” imposed by the address of Donetsk Oblast, Slavyansk, Kuyby- ing in the quoted source: nal liability for crimes within the jurisdiction of the them, or abducting them for extortion of money or shev street, 66. The detained F-06 person provided “On the first floor, there was a window with grate Court if such a military commander or such person property. the following information: “The girl was brought and a window covered with foil. Captive women knew or should have known that the forces under According to documented reports, men are sub- already before my release. There were negative re- sponses about her, I realized that her mother worked his command, committed or intended to commit were sitting there. One of the ‘Afghans’ went there. jected to more cruel and prolonged torture than in Horlivka on ‘Stirol’, as a storekeeper. She told such crimes, and if such a military commander or I heard how she said: “Do not do it, you can not!” women. At the same time, the women, detained 233 me that she was taken to the hotel before she was such person did not take all necessary and reason- And then muffled restrained groans”. by armed groups, are more vulnerable to rape as brought here, and she was raped by 7 people, and able measures within their authority to prevent or Despite the decline in overall birth rates in areas a result of general lawlessness and the atmosphere then brought to our cell, beaten there in the face. stop their commission or to transfer this issue to affected by the conflict, due to displacement, some of impunity, lack of clear command structure and I watched it all. I do not remember her name, she was the competent authorities for investigation and maternity hospitals in the settlements along the clear orders and instructions prohibiting sexual under 25 years old. A girl of vulgar behavior, maybe prosecution. contact line report a nearly twofold increase in birth violence, and because members of armed groups there were some personal issues between them. Though prosecution of these individuals is en- rates compared to 2015. Some of these pregnancies have unrestricted access to depriving the liberty of Usually, ransom for people was asked“; “The girl forced in the national courts of Ukraine, and former may be related to the presence of armed soldiers persons, and the lack of independent oversight and was raped by militiamen. She said she knew them police officers of the “Tornado” are in custody, how- in populated areas, and, in some situations, with monitoring mechanisms. Sexual abuse took place and they will pay for it. She was from Horlivka. I do ever, responsible officials of the Ministry of Internal sexual violence. especially during the early stages of the conflict in not know her fate if they let her free or not.” Affairs of Ukraine, who appointed persons with mul- In an interview published on December 27, 2016, 2014 when different armed groups managed various The authors of the submission also documented tiple criminal records to the police, provided power, the chief doctor of the maternity hospital in Avdi- places of detention. cases of common detention of women and men by ivka, which is under the control of the government, the IAG. This happened especially often at the be- 231 «Вирок у справі „Торнадо“: Суд засудив бійців від said: “Almost all women who were registered with in- 234 «Безпліддя може бути як чоловіче, так і жіноче, тому 5 до 11 років позбавлення волі» [Verdict in “Tornado” зміна партнера може призвести до зміни стану», ginning of the conflict in 2014. Since the beginning case: the Court sentenced fighters from 5 to 11 years im- [Infertility can be both: male and female, so changing of 2015, men and women have been kept separately. 232 Orel I. “The Khronic of the batalion”. — Kh., «Human prisonment], Громадське (online), 7 квітня 2017, a partner can lead changing a condition, Українська So, the person F-07, who was detained on the street людини», 2016. — 180 с. 221926/> pro-Ukrainian character, was interviewed. She was

74 ALLEGED CRIMES ALLEGED CRIMES 75 placed in the basement of the security service. directly prohibited by the joint Article 3 of the Ge- b) the offence, humiliation or any other viola- In the places of detention of the captured per- There were pallets on both sides of the room, on neva Conventions. tion of dignity was so grave щthat under the sons, the armed people of IAF of the so-called “LPR” which were jackets, pants, sheets, and mattresses. Almost all events concerning the violation of general recognition it should be qualified as and s.-c. “DPR” massively used the violations of hu- On each side, there were 6 people. Overall, there human dignity, in particular, the offensive and de- violation of human dignity; man dignity, treated the detainees in offensive and were 28 men and 2 girls in the basement. grading treatment, that we documented during the c) the action took place in the context of interna- degrading manner. Their actions were of systematic The fact of sexual violence was documented by monitoring visits, are closely connected to the tor- tional armed conflict and was connected to it; character. The term “systematic” means “organized the authors of the submission and the SSU. All hos- ture and ill-treatment. However, according to the d) the offender was aware of the factual circum- character of the acts of violence and impossibility 240 tages, released from captivity in 2018 had a trau- international standards, a violent or inhuman treat- stances that evidenced the existence of the of their accidental emergence” . The ill-treatment matic brain injury, and 12 of them reported rape. ment that causes serious psychological or physical armed conflict. was used in order to force the persons to cooperate, Mental injuries and rape cases are documented by suffering or injuries to a person is a serious viola- • The elements of a crime in the conflict of non- for ransom or to extract confession in committing a doctor. With each released, the work was carried tion of human dignity236. international character have almost all same the acts of espionage or participation in battles. out by specialists of the SSU. This was stated in an In the case Zlatko Aleksovski ICTY defined the components, but there are also differences, More detailed information about the systematic na- 235 interview by Irina Herashchenko. concept of “violation of human dignity”. It is the ac- they are — ture is provided in section 4. During the collection of information for the sub- tion that causes disrespect for the human dignity of а) the affected person or persons who stopped All affected persons, indicated in this subsec- tion were in illegal detention centers of IAF of the mission, we have documented the case of rape dur- another person. This act must cause serious humili- participating in hostilities, or were civilians, s.-c. “DPR” and s.-c. “LPR”. That means, they were ing captivity in the cossack commandant’s office in ation or degradation of the victim. This act does not members of medical or religious staff, who actually prisoners of war and were under full control the city of Donetsk. So, the person F-08 said the fol- harm directly the physical or psychological well-be- did not directly participate in battles; of the adversary and, according to the international lowing: “In early 2016, the girl Olena with her French ing of the affected person. It is enough for the act of b) The offender was aware of the factual condi- humanitarian law, had privileges (protection). Be- husband was kept with us. They came to Donetsk to violation of human dignity to cause real and lasting tions that evidence about that status; cause of their status the prisoners of war are pro- visit Olena’s daughter and to register a marriage. suffering of the person237. c) the action took place in the context of the tected since the moment they become controlled by However, the checkpoint was captured by terrorists In the same case the Court’s Chamber noted that armed conflict of non-international character who took their car off and then thrown them to the the adversary, and until their final liberation and re- a violation of human dignity is a particularly intolera- and was related to it. 241 commandant’s office. She was injected with some- patriation . The civilians who were or are detained ble form of inhuman treatment that causes more seri- The Prosecutor of ICC in his report of 2017 thing and then raped, it was noticeable by the state in illegal detention centers have the same privileges. ous suffering than most of the prohibited actions238. on the preliminary investigation identified over in which she was returned to us, all the clothes were On the territory controlled by IAF of s.-c. “DPR” The crime on the form of violation of human dig- 100 persons who were affected by torture and ill- unbuttoned, her pants hung. We were beaten in the and s.-c. “LPR”, in the period between 2014 and nity is prohibited by RS, it is qualified in Article 8 treatment239. We documented more than 3000 cas- morning for lunch and in the evening, but they talk- 2018, there were documented and identified more of RS “War crimes” and has the following elements: es of torture and ill-treatment. Almost all episodes ed with her “differently” and constantly raped”. than 140 illegal detention centers (see subsection of torture and ill-treatment (see subsection 5.5.) are • in an international conflict (Article 8 (2)(в)(ххі) 5.4.) The larges places of detention are big cities of RS) — closely linked to violation of human dignity. that are controlled by IAF since 2014 and are cov- а) the offender must offend, humiliate or violate From the data that we provided it could be con- ered by the armed conflict, — Luhansk and Donetsk. in any other way the human dignity of one or cluded that the crimes of violation of human dignity 5.7. Violation of human dignity However, we also documented other illegal places several persons; have a massive nature and are widespread in the of detention of the captured people: the towns of territory of the armed conflict in the East of Ukraine, During the armed conflict on the East of Ukraine , Stakhanov, Krasniy Luch (Khrustalniy), 236 Čelebići Appeal Judgement ICTY, IT 96-21-А (online), starting since 2014. The term “widespread” in this we documented the serious crimes against both Antracite, Izvarine, Chervonopartizansk — in Lu- paras. 424, 426. The Chamber notes that it is settled case is used to designate “a great number of affect- military (prisoners of war), and civilians who were jurisprudence that the material elements of cruel treat- hansk oblast and the towns of Horlivka, Dzerzhinsk detained and/or placed in illegal detention centers. ment under Article 3 and “inhuman” treatment under ed people” or “a widespread nature of attacks and (Toretsk), Makiivka, Sloviansk, Starobesheve, Article 2 are the same and that thesole distinct element The crimes indicated in this subsection have a high the number of victims. In this subsection we will Snizhne, Ilovaysk, Shakhtarsk, the villages of Ole- between cruel and inhuman treatment stems from the show a great number of crimes concerning the vio- gravity level. We believe that the described actions protected person requirement under Article 2, (online) nivka of Volnovakha district, Novokaterynivka — in concerning the captured persons are a serious vio- and 01.07.2018. The violations concerning the per- the prisoners in the towns and villages indicated lation of human dignity and have the nature of of- 237 Zlatko Aleksovski, ICTY, Judgment IT. 95-14/1-T, (online), sons indicated below, had massive and widespread above were in the basements or subsidiary premis- fensive and degrading treatment. Such treatment is para. 54, Tihomir Blaškić, Аppeal Chamber (online), para. 101, служби“ [Video “All released from captivity check out 238 Zlatko Aleksovski, ICTY, Judgment IT.95-14/1-T, (online), 239 Report on Preliminary Examination Activities 2017, (on- ale-asj000324e.pdf> rep/2017-otp-rep-PE_ENG.pdf> prisoners of War of August 12, 1949, Article 5.

76 ALLEGED CRIMES ALLEGED CRIMES 77 es of the administrative or private houses. There are “marches of the prisoners” or walking through the “The march of the captured “cyborgs”244. point out separately, that among the prisoners who also places of detention, the exact location of which “shame corridors”. There are two documented cas- On 22.01.2015 the armed groups of the s.-c. “DPR” were forced to participate in that march, there were is hard to determine, because they are the objects es of such, in our view, gross violations of human organized the march of Ukrainian military persons wounded people. As a result, the prisoners received that were beyond the borders of the populated ar- dignity of the persons who were forced to partici- who were captured in Donetsk airport. Among them not only psychological and moral, but also physical eas. All those facts can evidence the absence of the pate in them. there were wounded people, many of them had the suffering. adequate conditions for detention of the prisoners, traces of tortures and beatings. That “march” was On the same day there was documented an- which could influence their psychological condition organized by the head of the s.-c. “DPR”, Olexandr other act of the violation of dignity, offence and ill- and significantly degrade the human dignity. Zakharchenko, he organized the convoy and par- treatment towards the captured Ukrainian military We documented such kinds of offensive and ticipated in following the 16 prisoners of war, to person, Lieutenant Colonel of UAF, commander of degrading treatment: marches of the captives, ac- the place of shelling of the bus stop in Donetsk. a battalion of the assault brigade of UAF О. К.247. companied by public curiosity and offences by the О. Zakharchenko demanded the Ukrainian prison- After his release О. К. told that during each ques- crowd; detention in the facilities with inappropriate ers of war to beg forgiveness from the relatives of tioning they tried to persuade him to join the so- conditions (the absence of the proper conditions the persons affected by the shelling of the bus stop. called “DPR”. and the place to sleep, eat, the absence of toilet The prisoners were brought on foot on the streets In our view, such marches are a gross violation and other); the enforced stripping or wearing of the of Donetsk in the area of the railroad station. Af- of the requirements of the article 13 of Geneva Con- women’s clothes (for the male persons); various ter that the prisoners were placed in the military vention (III) Relative to The Treatment of prisoners of The march of shame in Donetsk kinds of hard (unpaid) work, including the equip- “Kamaz” truck and brought to the square of Bakin- War of August 12, 1949. ment of the military construction; enforced watch- skikh Komisariv, from there the captives walked “The march of shame”. On 24 August 2014 in the ing of torture or rape of other persons; enforced on foot again. The line was constantly followed by center of Donetsk, on Lenina Square, the persons The event with “enforced eating illegal actions with the state symbols and military the armed members of IAF of the s.-c. “DPR”. In 248 from the armed groups of the s.-c. “DPR” organized of the military insignia” insignia, such as burning, eating or other actions one of the places of the walk of the line the pris- the “march of disgrace” or the “corridor of shame” On 21.01.2015 the armed members of the concerning the state symbols, enforced collection of oners of war were forced to kneel. The residents of (according to various sources). 57 persons of Ukrai- separate intelligence battalion “Sparta”, which the bodies of the killed persons (civilians, military) Donetsk who gathered and attended the “march”, nian military, who were imprisoned by the above- is a part of the IAF of the s.-c. “DPR” captured a and their dismemberment. In all cases the enforced constantly tried to cause bodily harm to the cap- mentioned groups, were brought in line on that group (4 persons) of military of SSU. Before the actions that we documented were carried out under tives. The civilians and the members of IAF of the square. The convoy was carried out by the persons of the captured soldiers of UAF to il- the threat of the guns or physical repercussions. s.-c. “DPR” threatened the prisoners of war to shoot wearing military uniform, armed and accompanied 245 legal detention center the commander of IAF bat- With their actions the armed groups of IAF showed them or to execute them in public . This event was by service dogs. The local residents who gathered their superiority over the imprisoned people. also documented in many news reels246. We want to talion “Sparta”, Tolstykh Mykhaylo Sergiyovitch around chanted the offences “Fascists” and were During the armed conflicts the conflicting sides (codename “Givi”), committed illegal actions throwing tomatoes and eggs at the imprisoned per- 244 always have to differentiate between the civil- “Cyborgs” are the name of the fighters of UAF and concerning the prisoners. Namely: one of the cap- sons. That fact was also documented by SMM of volun­tary battalions who were protecting Donetsk air- tured members of UAF received physical harm, two ians and combatants, civilian and military objects. port. Youtube. 22.01.2015 (online). OSCE in its daily report of 24 August 2014. That mea- were forced to eat the military insignia that were The Geneva Conventions and their Additional Proto- sure was organized by the head of “DPR”, Olexandr 245 «Марш пленных „Киборгов“ в Донецке 22.01.2015» [The march of the captured “cyborgs” on 22.01.2015], cut from their uniform. This fact was filmed by the cols and RS prohibit the “attacks” on the “protect- Zakharchenko, among others243. That event was at- ed” objects and “protected” people. No “protected” Youtube (online), 22 January 2015, members of IAF “Sparta” and video operators of tended by the journalists and video operators from ; various media resources of RF249. object or person is to be harmed. various media resources of the Russian Federation. . The offender, namely, the commander of battal- Below are the examples of particular cases of the The very fact of the enforced marching, its video re- “attacks on protected persons”, which in our view 246 Olga Marandy, «Захарченко устроил «марш пленных ion “Sparta” of IAF of DPR, Tolstykh, and the jour- cording and broadcasting in media environment is киборгов»: пусть просят прощения у жителей Доне- could be qualified as violations of human dignity. цка» [Zakharchenko made “the march of the captured a degrading and offensive treatment towards the 247 «22 января 2015 Армия ДНР привезла пленного ки- “cyborgs”: let them ask for forgiveness from the people imprisoned persons. борга на место преступления» [On 22 January 2015 of Donetsk], MKRU (online) 22 January, 2015, Events concerning the the militia of DPR conducted a captive to the crime ; eature=youtu.be>. Special attention is required in the cases of vi- day the captives were ill-treated in Donetsk], Youtube. Veronika Sborshikova, «Киборгов» поставили на кле- 248 olation of human dignity of the persons who were 25.08.2014 (online) ни на автобусной остановке в Донецке» [“Cyborgs” See MB data base, case No. 1249. 249 detained in illegal detention centers, by way of ; Комсомольская правда (online) 22 January, 2015, caped from captives]. Youtube, 28.01.2015 (online) ; ly-na-koleny-na-meste-hde-obstrelialy-trolleibus>. k&has_verified=1> Time code 1:40.

78 ALLEGED CRIMES ALLEGED CRIMES 79 nalists and operators of the media resources of RF, The event with the humiliation of a volunteer was a mention in the reports of HRMMU254. We have was treated inhumanly. M. V., the military person of knew of existence of the armed conflict and were from battalion “Aydar” on 05.09.2014252 documented the cases of holding the prisoners in UAF, refused to provide interview on that matter, be- aware that those actions were seriously humiliating the places that were not suitable for detention at all. cause he did not want to recall those events. On 5 September 2014 23 fighters of the volun- the victims. tary battalion “Aydar” — the groups “Grizzly” and Holding of the soldier of UAF G-01257 “Terminator” received a mission to arrive to BP one The event with forcing to watch the torture and a half kilometers away from the village of Kolyo­ On 12.08.2014 a military person of UAF G-01 was and gather or dismember the bodies250 rovi Pisky on the route Schastya — Metalist. It was following order concerning the engineering equip- The events concerning forcing any person to a direct route for Schastya. According to the data of ment in Ilovaysk, of Donetsk Oblast. On 29.08.2014, watch or forcing to do anything to the bodies of the the military, that BP should have been controlled коли when the town of Ilovaysk of Donetsk Oblast deceased persons, cause such persons strong psy- by UAF. However, the divisions of UAF that occupied was surrounded, under the order of the commander chological suffering and degradation. In our view, that BP retreated, without notifying others, and of sector “B” the divisions of UAF and legal armed such fact is a gross violation of human dignity. In the empty BP was taken by AG “Rusichi” headed formations of UAF were to leave in the “green” corri- subsection 5.5. in the case of Mr. Е-08 we pointed by a resident of RF, Olexiy Milchakov. AG “Rusichi” dor towards the town of Volnovakha or Starobesheve The basement room in the railroad hospital out that the persons who were imprisoned, were was a part of the division “Batman” of IAF of the in Stanitsa Luhanska uts. where the prisoners were held of Donetsk Oblast. During the movement a military forced, under the threat of using violence of the s.-c. LPR. After a short battle, the divisions of the line in which G-01 was going was destroyed. On the members of IAF, to watch the torture of other pris- voluntary battalion “Aydar” were defeated. The They completely lacked the sleeping places for same day G-01 and around 60 more military of UAF oners. Е-08 was forced to dismember the bodies of armed members of AG “Rusichi” started to verify the captives, the detainees had to sleep on the took defense near the settlement of Nova Kateryniv- the deceased persons. the bodies of the soldiers to find the wounded. floor. There are no places to eat, it led to the fact ka of Starobesheve district. After two hours long They started to question one of the heavily wound- that the detainees had to either eat while standing battle all those soldiers were captured. Near 20– The event with forcing the male captives ed persons of battalion “Aydar”, without providing or on the floor. In addition, there were no sanitary 30 captured soldiers had various wounds. Between 251 to wear women’s clothes him with necessary medical assistance. The ques- conditions (toilet, shower). Holding the detainees 29.08.2014 and 30.08.2014 all captured persons in pits, half-pits or collectors of heat or water sup- were held in the pit (deep funnel from the explo- As noted before, we are aware and we docu- tioning was performed on camera by a representa- ply or sewer, the complete lack of toilets or a strict sion of an artillery shell). On 30.08.2014 G-01 and mented the numerous cases of violation of human tive of the press of RF. During the questioning the regime of visiting the toilet, the lack of the places 25 more captured persons were brought to Donetsk, dignity, in particular, the offences and degrading fighter was insulted. He was forced to speak Rus- to eat — those are actions that cause serious psy- to a two-storey mansion unknown to G-01, where treatment in the form of detention of the persons in sian, threatened with execution, insulted with pro- chological traumas and degradation of the held per- they were held in the basement until 09.09.2014. the places not suited for detention, the use of the fanities. They treated the person without respect to sons and are violations of human dignity. In that basement the prisoners had to sleep on the prisoners or captured people to perform heavy un- his human dignity. We believe that such conduct of wooden pallets, the water was constantly leaking, paid work, to watch the torturing of their comrades, the persons from IAF of the s.-c. “LPR” is a direct Holding of the soldier of UAF M. V.255 and the captives were forced to constantly ladle it, to wear women’s clothes (for men). The case con- violation of human dignity. Such treatment of the so that not to flood the floor. The captives were fed cerning the enforced stripping and forcing to wear wounded by those persons was directed at demon- The mobilized soldier of UAF, M. V., was cap- 253 with “scraps” of the meals of the armed groups of women’s clothes is described in the subsection 5.5 strating their superiority over him . tured in summer 2014. He was placed in a collector IAF of the s.-c. “DPR”. The armed person of IAF of the (the case of Mr. Е-01). The forcing to perform those (of heat or water supply) near a populated area in s.-c. “DPR” with codename “Svyatiy” was responsi- actions was carried out with the aim of showing the The events with detention of the captured Donetsk region which was impossible to identify. ble for guarding the captives. Other materials will superiority of the members of IAF over the captured persons in the places of detention He was questioned through the lid of the collector, be provided after a request of the Prosecutor of ICC. persons, in order to cause the psychological and with inadequate conditions sometimes he received food or water. The people moral suffering in as great extent as possible. From were not taken from that pit for eating or visiting re- We already pointed out above that almost all plac- Holding of a civilian, Mr. G-02258 256 the case of Mr. Е-01 it is apparent that the tortures es of “irregular” detention of the captured persons stroom . Essentially the imprisoned military man and humiliation were used to all persons who were were inhuman. Concerning some places of “irregu- Mr. G-02 told, that in 2014 he was working as 254 detained with him. There are reasonable grounds lar” detention and the conditions of detention there Office of the United Nations High Commissioner for Hu- a guard on the pond between Mykolaivka and Do- to believe that the actions of the persons from IAF man Rights, Human rights violations and abuses and in- kuchaevsk of Volnovakha district of Donetsk oblast. ternational humanitarian law violations committed in the of the s.-c. DPR caused such persons suffering of 252 See MB data base, cases No. P22, No. P153. context of the Ilovaisk events in August 2014, (online), At that time the village of Mykolaivka was taken by . деления украинских военных» [So called brigade Bet- lations of human dignity. 255 cupied by the IAF of the s.-c. “DPR”. The pond that he man and Rusich atacked on Ukrainian military fomr of See MB data base, case No. W5896. Aidar], Youtube, 05.11.2014 (online) 256 250 «Пленные укропы» [So called captives Ukrops. You- 257 See MB data base, case No. M2317. 258 KHPG Archive, SLC’s fund, inventory 7, file 2.

80 ALLEGED CRIMES ALLEGED CRIMES 81 was guarding was not controlled by any of the par- were ordered to form a line and move to 32nd block not brought to the restroom, therefore they had to G-03 also told that one time the members of ties. On 20.11.2014 in evening, when he arrived at post. That line consisted of 2 tanks, APC-2 and 2 mini- use a bucket або or plastic bottles. Other civilian IAF of the s.-c. “LPR” brought 4 or 5 women to the the pond, Mr. G-02 was detained by the representa- buses of battalion “Aydar”. Near the block post the captives were bringing away the full buckets and basement and were showing them the “ukrops”, tives of IAF of “DPR” in the amount of about 6 people, line was ambushed. It was shot at from high-caliber plastic bottles. The rooms were crowded. the “cattle”. The captives were forced to kneel with and he was subjected to a heavy beating. Those per- weapons. During the battle for the 32nd block post During his stay in the basement of the dormi- their hands behind their heads. The women were sons were wearing camouflaged uniform and were (нdirection for PA Orekhove in Luhansk oblast) the tory of “Machine College” (“National University civilians, likely locals. They insulted the prisoners, armed with assault rifles, machine guns and sniper “APC-2” in which there was G-03, was damaged, and of V. Dahl”) G-03 and other captive soldiers were cursed at them, spit in their faces. It was done to rifles (АК, PKM, SVD). After that Mr. G-02 was taken the latter was contused. After the end of the battle constantly tortured and beaten. They were brought psychologically break the captives. 04 January 2015 to Dokuchaevsk in the trunk of his own car, namely, and the so-called “purge” G-03 was found uncon- for questioning to the investigators of IAF of the G-03 was liberated261. After the fact of detention of to a warehouse where was the base of the armed scious by the “Cossacks” (armed formation of the s.-c. “DPR”, all sets of questioning were recorded mr. G-03 we have recorded the interview. The audio groups and the explosive materials were kept. so-called “LPR”). To the question of how G-03 identi- on video and uploaded in Internet. Also, G-03 told file could be sent after a request from the Prosecu- He was accused of helping the UAF, correcting the fied the persons as “Cossacks”, he replied that “they us that he and other soldiers who were with him tor of ICC. artillery fire of UAF in their direction and the deaths had belt buckles, hats and other”. One of the “Cos- were undergoing moral and psychological pres- of the representatives of IAF of the s.-c. “DPR”. sacks” brought G-03 to senses, searched him and sure, they were constantly humiliated. The pris- Holding of the soldiers of UAF G-04, G-05, G-06262 On 21.11.2014 Mr. G-02 was brought to the place of took all his personal belongings, documents, start- oners of war were constantly insulted, they were The persons were held in commandant’s office dislocation of “Oplot” brigade that was controlled by ed asking for his rank, putting a knife to his throat. called “ukrops” or “benderas”. They said that G-03 After seeing in the military ID, the information, that of the s.-c. LPR (the basement of Luhansk OSA, IAF of the s.-c. “DPR”, on the territory of the Polytech- and other military of UAF arrived to Luhansk to kill, G-03 was from Volyn oblast, the “Cossack” checked Luhansk, Heroiv Velykoi Vitchyznyanoyi Viyny nic College of Donetsk (formerly). Mr. G-02 was at rob and torture. In addition, when the persons from his mouth for the golden crowns on his teeth. One Square, 3). In various dates the citizens of Ukraine first held in the basement (for 2,5 months), and later IAF of “LPR” learned about the origin of G-03, they th of the “Cossacks” wanted to kill G-03, however, he G-04, G-05, G-06 were enlisted to UAF and sent to in the weapons room (for 1 month), located on the 4 said that he ate children. Those words of the armed received the order from his radio to leave everybody serve to the area of ATO. In early June 2015 they were floor of the building. There was no lights. He was fed members of IAF greatly insulted G-03. alive. G-03 later admitted that the order to leave him captured by unidentified armed persons, wearing 1 time a day (barley porridge and 2 slices of bread), There were cases, when during the convoy of alive was issued by “Batman”. military uniform without insignia, in the area of they did not bring him out to visit restroom. They G-03 the armed members of IAF of “LPR” threatened In Luhansk the captives were placed to the base- Popasna settlement, near the line of contact. After were using a bucket for their natural needs, and in to shoot him. ment of the 9-storied dormitory of the “Machine Col- that G-04, G-05, G-06 were brought to Luhansk in the evening of each day the captive was forced to On 22 or 23 December 2014 G-03 and other pris- lege” (“National University of V. Dahl”). The base- the car under guard. In the commandant’s office take the urine and feces from the premises under the oners of war were brought to a new place of deten- ment had several rooms, G-03 and three other G-04, G-05, G-06 were questioned, the question- armed convoy. Mr. G-02 reported that during his stay tion, namely, to the basement of the Department of soldiers (S. P., R. Sh., the respondent did not remem- ing was accompanied by their beating. Later G-04, in the place of detention the representatives of IAF SSU in Luhansk. ber the name of the third soldier) were held in one G-05, G-06 were brought to the basement of one of of the s.-c. “DPR” forced him and other captives to The basement of the DSSU in Luhansk was not of them. That basement was not equipped for hol­ the buildings, where they were held for a month. do hard and dangerous works, such as unloading the ding people. Everybody were held together in differ- equipped for holding people either. There was no After that the representatives of IAF changed the missiles to BM-21 “Grad”. The details of detention of ent rooms — the men with women, there were even access of daylight or fresh air to the rooms. In DSSU place of detention of G-04, G-05, G-06 three more Mr. G-02 are provided in the interview. The audio file pregnant women and pensioners. Only G-03 and of Luhansk the captives were also constantly hu- times, but in all cases the rooms did not meet the can be sent after the request of the Prosecutor of ICC. three other soldiers were held separately. The cap- miliated and beaten. They were only fed a bit, they elementary sanitary norms, and the detention con- tives had to sleep on the floor (on ceramic tiles), no were brought to drink water under the convoy, but ditions of G-04, G-05, G-06 did not meet the rules The detention and humiliation mattresses of blankets were given. The rooms were they were prohibited from taking water with them. of treating the persons in custody in the aspect of of the soldier of UAF G-03259 cold. The room in which G-03 was held was small — For 2015’s New Year) somebody of IAF of “LPR” both detention conditions and personal hygiene In 2014 G-03 was mobilized and directed at fol- near 6 × 4 м, without the windows or the access of threw a smoke bomb to the room where G-03 was and food, as well as the complete lack of medical as- lowing the military order in the area of ATO in Lu- fresh air. The light was turned on constantly. G-03 detained, shouting: “Happy New Year, ukrops!”. sistance. They were detained in the conditions not hansk Oblast. He was serving in the 24th separate and his compatriots were fed very poorly, sometimes Since the room did not have windows, it was impos- fit for living: crowded small rooms without heating, mechanized brigade as a Deputy Commander of the they did not receive food for three days. When they sible to breathe. not protected from bad weather conditions, without unit “APC-2”260 in the rank of senior sergeant. received food, the portion consisted of the scraps G-03 told that the members of IAF of the “LPR” On 15 October 2014 the LAF of UAF of battalion after the members of IAF ate. They did not receive who guarded them were constantly subjecting them 261 «Священик УПЦ (МП) визволив з полону бойовиків “Aydar” and the 24th separate mechanized brigade water. Therefore G-03 and other captives who were to moral pressure and humiliating the captive sol- старшого сержанта з Волині» [A Priest of the UOC (MP) has released from the captivity of militans the senior held with him made an opening in the plastic pipe diers of UAF. They were beaten every day, beaten sergeant from Volyn], (online), Радіо Свобода, 259 See MB data base, case No. W264. with a piece of a tile (probably, heating system) and by foot, hands, wooden sticks, personal belts and . 260 Armored personnel carrier 2 (second modification). drank dirty water from the pipe. The captives were other items. 262 KHPG Archive, SLC’s fund, inventory 3, file P-01.

82 ALLEGED CRIMES ALLEGED CRIMES 83 beds or places to sleep. They were constantly de- illegal detention centers. This fact is documented ties, although the investigation as a whole cannot sons remains unknown.266 A lesser number of miss- pressed because the persons guarding them often in the report of HRMMU “On situation with human be considered effective.264 ing persons is according to the SSU assessment — threatened them with physical repressions. During rights in Ukraine in the period between 15 Febru- Since November 2015, enforced disappearances 403 persons.267 All these data refer to the controlled three and a half months G-04, G-05, G-06 received ary — 16 May 2016”. It is also pointed out in the in the controlled territory were not recorded by us territory. It is not possible to estimate the number of very bad food of poor quality, did not have access report of AI and HRW “You do not exist. Arbitrary (except disappearances made by the SBU for ex- missing persons in ORDLO. to drinking water, because of that they had to drink detentions, enforced disappearances and tortures change). In ORDLO in 2014, they were held daily. It is clear that many missing persons could be the technical water. The documents concerning during the conflict in the east of Ukraine”263. After the military conflict entered the stage of low dead and their bodies are either not found at all or those persons will be provided after a request from intensity the number of disappearances decreased, not identified. As of 1 April 2018, 307 deceased per- the Prosecutor of ICC. but they remain frequent. The fate of the disap- sons remain unidentified.268 peared persons is not notified about. The disap- The database of CO “Shore of Peace” contains peared persons are only recognized among the 5.8. Further research the data about 4296 missing persons for the entire deceased with the traces of a violent death after period of the military conflict in the East of Ukraine. In our opinion, within the jurisdiction of the ISS, a period that could last between several hours and As of late August 2018, the database contains 1297 there are also crimes that can be classified as en- several months or more, or it turns out that a dis- missing persons. According to the data of “Child appeared person is in the place of detention of the forced disappearances; the persecution of an iden- Search Service” of CO “Magnolia” as of 1 June, 2018, s.-c. MSS. in 2014–2018 102 children went missing in Donetsk tified group (Roma, members of the LGBTI commu- Lack of a single methodology of definition of the region, 7 of them are still missing, 123 children went nity, believers of the churches not recognized by missing persons, and coordination between various missing in Luhansk region, none of them are in the the Moscow Patriarchate), crimes pertaining to con- State bodies led to appearance of various assess- search as of now.269 victs / prisoners at the IES in the ORLDR (deprivation ments of the number of disappearances in the zone The SSU is responsible for enforced disappear- of the right to an impartial tribunal, violations of ar- of military conflict — between several hundreds and ances for the purpose of exchanging prisoners of ticle 3 common to the four Geneva Conventions of Prisoners several thousands of persons. war and civilian hostages who are in custody in 12 August 1949). KHPG plans to prepare and provide On 15 February 2015 МВС published the list with ORDLO. The SSU forms a so-called ‘exchange fund’: the Office of Prosecutors of the ICC with relevant the data of 1331 missing persons in the zone of it looks for people who are implicated in committed Conclusions submissions in 2019. Below is a brief information il- armed conflict.265 According to the data of the De- crimes linked with separatism, state treason, ter- The international law, in particular, the Rome lustrating the appropriateness of considering these partment of NPU in Donetsk region, between April rorism or other offenses under SSU jurisdiction, de- Statute of ICC, defines several obligations of the crimes within the jurisdiction of the ICC. 2014 and the early 2017 2727 persons went miss- tains them and offers exchange for those held pris- parties concerning the deprivation of freedom. Any ing in Donetsk region, the fate of 1053 of them is oner in LNR or DNR instead of criminal prosecution negligence concerning those obligations, on one unknown. According to the data of Luhansk region and long sentences. The detainees tend to agree hand, leads to a violation of the rights of the cap- Enforced disappearances CMA, 633 persons are found, the fate of 572 per- to the exchange. Then they are taken to unknown tives, and, on the other hand, leads to a war crime. The problem of enforced disappearances is one places of pre-trial detention of the SSU, which ac- 264 Undeniably, places to eat and toilet are among the of the most serious human rights issues in Ukraine. KHPG Archive, SLC’s fund, inventory 2, file 7. Replies cording to law cannot be in the SSU, where they are to official information requests. NPU department in most important for the detained persons. Therefore kept before exchange without any communication They were carried out by IAF in ORDLO, and units Donetsk region informed that pre-trial investigation is the deprivation of such conditions and humiliating of Ukrainian state structures in the territory under carried out in 917 criminal proceedings regarding dis- with the outside world. Where exactly these “secret consequences of their absence are obvious exam- appearances of persons; 617 regarding illegal depriva- the control of the government. The difference is tion of liberty or kidnapping of a person; 12 regarding 266 KHPG Archive, SLC’s fund, inventory 2, file 7. Reply to ples of degrading treatment, which is an element of hostage taking. Only 47 cases concerning unlawful de- that ORDLO has no place to complain to, and these information request. violation of human dignity. tention were filed to the court and only 1 case concern- crimes remained completely impunity. In the con- 267 С начала российской агрессии на Донбассе исчезло It should be noted that the offenders (armed ing hostage taking. NPU department in the Luhansk re- trolled area after the establishment of the military gion informed that pre-trial investigation is carried out рекордное число украинцев — Грицак озвучил шоки- members of IAF of the s.-c. “DPR” and “LPR”) were рующие данные» [Since the beginning of the Russian prosecutor’s office in such cases, criminal proceed- in 364 criminal proceedings regarding disappearances essentially aware that they were committing crimes of persons, 534 regarding illegal deprivation of liberty, aggression in Donbas, a record number of Ukrainians ings were opened on the statements of various enti- have disappeared — Hrytsak voiced shocking data]. concerning the prisoners/captives. They also un- 3 regarding hostage taking. Only 60 cases concern- ing unlawful detention were filed to the court; 1 case Interview (online), 15 December 2017, derstood that their actions were performed in the . 263 «Ви не існуєте. Довільні затримання, насильниць- concerning disappearance and none concerning taking 268 context of the armed conflict and were directly con- кі зникнення та тортури під час конфлікту на сході hostages. «На Донбассе не могут идентифицировать 307 по- nected to it. To hide the facts of the criminal actions України» [“You do not exist. Arbitrary detentions, en- 265 «Перелік осіб, які зникли на території проведення гибших — нардеп» [In Donbass, one cannot identify 307 dead — MP], Donbass news (online), 3 May 2018, concerning the prisoners/captives the offenders forced disappearances and tortures during the conflict АТО» [List of persons who disappeared on the territory of in the east of Ukraine”], ATO], National police of Ukraine (online), 15 February 2015, . al organizations, including OSCE and ICRC to visit ukraine0716rusweb.pdf>, сsh. 36. lish/article/1141400>. 269 Annex 34, p. 9.

84 ALLEGED CRIMES ALLEGED CRIMES 85 of the SSU” are located is unclear. Reports zone. Their relatives were afraid to apply for investi- For more details on the peculiarities of Roma sta- to LGBT is dangerous”; “they’re scared that they’ll of the international organizations and separate tes- gation; nobody was prosecuted for the crime.272 tus and their persecution during the armed conflict, be stabbed around the corner and that will be that”. timonies point to cells in the SSU departments of The situation for Roma in Sloviansk, Donetsk see the alternative report on Ukraine’s implementa- An informant from Donetsk stated: “I lived each day eastern cities of Ukraine. Oblast was particularly dramatic. It was there that in tion of the International Convention on the Elimina- in fear for my life. They dug a trench at the exit of For more information on the problem of enforced April 2014 pogroms of Romani homes, accompanied tion of All Forms of Racial Discrimination, prepared my house, they were gathering to meet the Ukrai- disappearances and disappearances due to armed by violence, were carried out by representatives of by the KHPG together with the Anti-Discriminatory nian army. They were wasted, drunk, vile-smelling, conflict. the so-called “self-defense forces,” which were Center “Memorial” for the 90th session of the UN with automatic weapons. I thought before I said made up of armed formations under the command CERD, 2016.277 anything. You could lose your life like that”.280 Many of Vyacheslav Ponomarev, “the people’s mayor” of LGBTI people remaining in Donbass have stopped Persecution of identified groups Sloviansk. People interviewed for this report attrib- LGBTI having any communication whatsoever with other uted anti-Roma statements to , the com- members of the community, with the exception of Roma In the current situation of lawlessness and impu- mander of pro-Russian fighters in Sloviansk.273 their closest friends. While secret meetings of LGBTI nity, all residents of the so-called DNR and LNR face According to statistics from the UNHRC, which The pogroms kept the Romani population in the people were possible in , they were not pos- the risk of aggression from armed formations, but grip of fear: people were scared of being seen by sible in the DNR and LNR.281 are based, in turn, on information received from Ro- these fighters pose a special and absolutely real the separatists and tried to find a way to leave the Another problem was the lack of electricity and mani NGOs in Ukraine, approximately 6,000 Roma threat to LGBTI people. According to one witness, city safely. However, Roma were detained at DPR communication lines from the spring to the fall of have fled their previous places of residence in the this was a “territory of anarchy, they can do what- 270 conflict zone . checkpoints and sent back to Sloviansk, explain- ever they want with you, the risks grow to the level 2014. A final reason for the scarcity of information is The fear of being killed by shelling was not the ing that there was an order to “not allow Roma to that they can just take you and shoot you”.278 Most the psychological difficulties that a person experi- only reason the Roma had for fleeing the territories leave the city” (the fact that these checkpoints be- people interviewed stated that their lives and well- ences after living through violence and degrading occupied by the separatists. No less of a risk was longed to the separatists can be confirmed by tes- being would be in danger if they returned to the DNR treatment. As one witness to this situation said: 282 posed by disregard for the law, arbitrary treatment, timony given by Roma that there were no Ukrainian or LNR: “My parents stopped inviting me because “Who wants to brag about that?”. flags flying there and the soldiers were not wearing Nevertheless, there is information about the vio- and violence on the part of the pro-Russian fighters. they’re scared for me. I won’t go there because 274 decorations). 279 lence and harsh treatment that LGBTI people have The actions of these fighters were sanctioned by the I’m scared for my own well-being”. In addition, Some people interviewed reported that sol- suffered at the hands of armed people. One infor- governments of these unrecognized republics and the homophobic actions of armed fighters provoke diers from the Ukrainian army also did not let Roma mant who left Donetsk asserted that “my friend began before the start of any large-scale fighting. homophobic aggression in people who previously through their checkpoints, citing an order from witnessed how one gay person was shot and bur- Instances of arbitrary detention, theft, beatings, had a neutral attitude towards LGBTI people. their commanders. There was evidence of this kind There are several reasons why information about ied in some vegetation behind the Yasinovatsky killings, and even pogroms against Roma have been 283 of interference at the checkpoint in Barvenkovo (to violence against LGBTI people in Donetsk and Lu- checkpoint”. documented.271 the west of Sloviansk) and on the way out of Krama- hansk oblasts is so scarce. The primary reason is A source who left Donetsk said that if armed peo- Two Roma women (45 and 28 years old) and a girl torsk. The Roma say they were able to pass through the threat of death if fighters learn about a witness’s ple learned about a person’s orientation, they took of 7 or 8 years old were found raped and murdered 275 the Ukrainian checkpoints with the help of bribes. sexual orientation or sympathy for LGBTI people. that person off to “a basement, they put him there (shot) by militants in Shchotove town of Antratsit The Roma of Sloviansk were extremely shaken by According to LGBTI people remaining in Luhansk to scare him, to get ransom for him, to get free la- district, Luhansk Oblast. The incident happened in a tragedy that occurred in May 2014, when a young oblast, “any activity that even tangentially alludes bor. They debased and humiliated him there in that May-June, 2014, when the women returned home af- Lovari Rom named Bunchur Cherepovsky was killed cellar”.284 Former residents of Donetsk reported ter temporary leave out of the active military actions as he tried to pass through a separatist checkpoint 277 «Alternative report on the implementation of the In- that “if there was no ransom paid, people were sent (presumably in Bylbasovka settlement to the west ternational Convention on the Elimination of All Forms to the trenches”.285 270 «Рекомендации по вопросу международной защиты, of Sloviansk). According to people interviewed, he of Racial Discrimination by Ukraine. Prepared by Anti- The situation of transgender people, whose ap- связанные с событиями в Украине — дополненная Discrimination Centre “Memorial” and Kharkiv Human died from a beating.276 pearance and documents do not always match, is версия II» [International Protection Recommendations Rights Protection Group for the 90th session of the UN related to developments in Ukraine — amended version CERD, 2016», KHPG (online), 11 July 2016, cause for particular concern. These people are con- . II], UNHCR (online), January 2015, 272 Ibid. stantly risking their lives and well-being. For exam- , para. 25. The Problem of Homophobia on Territories Beyond placed persons, victims of violence” Anti-discrimina- 280 271 Ukraine’s Control”, Anti-discrimination Center ‘Memo- Ibid, p. 22. “Alternative report on the implementation of the In- tion Center Memorial (online), 2015, rial’ (online), 13 June 2016, 281 ternational Convention on the Elimination of All Forms p. 22–24. 282 Ibid, p. 22. Discrimination Centre “Memorial” and Kharkiv Human tion-of-lgbti-rights-in-crimea-and-donbass-the-prob- 274 Ibid, p. 22–24. 283 Ibid, p. 22. Rights Protection Group for the 90th session of the UN lem-of-homophobia-in-territories-beyond-ukraine-s- 275 284 CERD, 2016” KHPG (online) 11 July 2016, Ibid, p. 24–25. control?lang=en>, p. 22. Ibid, p. 23. . 276 Ibid, p. 26. 279 Ibid, p. 22. 285 Ibid, p. 23.

86 ALLEGED CRIMES ALLEGED CRIMES 87 ple, in the DNR and LNR, officers regularly check IDs, held during the day as well. A tent was set up to ac- Father Tykhon (Serhiy) Kulbaka, another organiz- Alexander Shkumat, a priest from the Novoaz- particularly those of men, and documents are re- commodate the worshipers and pastors from dif- er of the Prayer Marathon in Donetsk, was abducted ovskiy district, has faced numerous threats for per- quired to cross the line of demarcation. This means ferent churches were present to support those who by the pro-Russian combatants at gunpoint in a su- forming a funeral service for a family allegedly slain that transgender people have had to remain in the came to pray. The prayers included pleas for peace, permarket car park on Artema Street on July 4, 2014. by pro-Russian fighters. The local church of the Kyiv conflict zone. for an end to the violence in the region and for the The priest could not say where he was taken, as he Patriarchate was shot at, its windows were shat- For more information on status of LGBTI in the protection of the unity of Ukraine.289 Therefore, the lost consciousness due to ether given to him as he tered, and the icons, literature and other ecclesias- ORDLO see the report “Violation of LGBTI Rights in gatherings, although religious in their nature, were was kidnapped. He was then blindfolded for the re- tical objects were burned in the churchyard. Father Crimea and Donbass: The Problem of Homophobia pro-Ukrainian in sentiment. On several occasions mainder of his ten days in captivity. The priest was Alexander’s house was also ransacked and many 297 in Territories Beyond Ukraine’s Control”, prepared local pro-Russian combatants vandalized the tent, denied the medicine necessary to treat his diabe- personal belongings burnt. by the Antidiscrimination Center “Memorial”.286 threw national symbolic items into the nearby river, tes, which resulted in serious health complications. Two priests, Aleksander Shumin and Valeriy Lo- and threatened clergymen with violence. These at- He was also denied sufficient water and grave de- torev, were abducted at gunpoint by combatants Believers of the churches not recognized tacks were accompanied by religiously motivated hydration drove him to drink from the toilet. His from the illegal paramilitary groups of DPR, taken 287 beyond the city boundaries and brutally beaten for by the Moscow Patriarchate verbal slurs and statements that “uniates”, “schis- ration of food for the day consisted only of bread, administering emergency medical aid to wounded matics” and “satanists” did not belong on Ortho- which the gunmen knew was deadly for a diabetic. At the very beginning of the conflict, the so-called 298 dox land. On May 23, about 15 gunmen from a lo- Ukrainian soldiers. DNR and LNR proclaimed the Orthodoxy of the Mos- As in the cases of several other priests, the fighters cal pro-Russian paramilitary group destroyed the On June 8, 2014, after the festive Trinity Sunday cow Patriarchate as the main religion of the region staged a mock execution by firing squad, which Fa- prayer tent, took all the equipment and threatened service at the Transfiguration Church in Sloviansk, and pointed out it in their “constitutions”. The IMF ther Tykhon recalls they treated as entertainment. to shoot anyone who came to pray there. Serhiy Ko- pro-Russian gunmen detained four members of the openly expressed their belonging to Orthodoxy and He was taken outside three times, put up against siak, a local pastor from the Assembly of God Church church: the pastor’s adult sons Reuben Pavenko and began to repress the representatives of Protestant the wall and told to say his last prayer. The gunmen and one of the organizers of the Prayer Marathon, Albert Pavenko and two of the church’s deacons, shot into the air and the wall next to his ear, which and Catholic churches and Orthodox believers who sought discussions with the commander of the pro- Viktor Bradarsky and Vladimir Velichko. The men caused a state of shock and subsequently led to a did not recognize the Moscow Patriarchate. Some Russian fighters immediately after the assault. He were taken to the former offices of the Security Ser- heart condition.293 of the priests of the Ukrainian Orthodox Church of was detained and brutally beaten, allegedly for his vice of Ukraine in Sloviansk, brutally beaten and Victor Vonsovych, a Catholic priest of the Sacred 299 the Moscow Patriarchate in one way or another sup- pro-Ukrainian stance290. The Prayer Marathon was killed. Heart of Jesus Christ parish in Horlivka was arrested ported the IMF in carrying out this campaign against allowed to take place, on the condition that there There are many examples of persecution on re- 288 and held captive for ten days by pro-Russian com- other churches. was no mention of Ukraine as a nation.291 ligious grounds. These examples confirm that non- batants. Upon release, he was threatened with ex- In March 2014, representatives of local churches Aleksander Khomchenko, a pastor who was one Orthodox religious believers living in the conflict- 294 united to form the Donetsk Council of Churches, of the organizers of the crossdenominational Prayer ecution should he ever return to Horlivka. affected areas of Ukraine are being subjected to comprised of some 60 churches of different denom- Marathon in Donetsk, was kidnapped on August 8, Polish Catholic priest Pavel Vitek, who took part widespread and systematic attack by the IMF. inations. The Council set up a daily Prayer Marathon 2014, after leading a prayer on the city’s Constitu- in the “Prayer Marathon” event in Donetsk, was also in one of the main squares of the city — Constitu- tion Square, and taken to the neighboring city of abducted by the combatants. He spent a day in the tion Square — with daily worship held for an hour in Makeevka. The fighters who detained him accused infamous basement prison of the Security Service Crimes against convicts detained 295 the evenings. At first, about 30 to 40 believers came him of organizing unsanctioned meetings, helping building controlled by armed DPR fighters. in the ORDLO to pray, but soon the worship attracted around one the Ukrainian army and proselytizing a sect reli- According to Serhiy Gorobtsov, the Archbishop In August-December 2014 the representatives of hundred people and the prayer hours began to be gion. Aleksander Khomchenko was told by his cap- overseeing Kyiv Patriarchate parishes in the Do- IAF captured PI on the occupied territory. 14 of 16 tors that, “There shall only be one religion on this netsk and Mariupol regions, 30 of the 40 parishes PI in Luhansk region and 14 of 20 PI of Donetsk re- 286 “Violation of LGBT Rights in Crimea and Donbas: land”. He spent four days in captivity and sustained on the currently occupied territory have stopped gion fell under control of IAF. As of 1 November 2014, The Problem of Homophobia in Territories Beyond Ukraine’s Control”, Anti-discrimination Center ‘Memo- excessive injuries from brutal beatings and torture operating. Most clergy and their families had to be 16 200 persons were in PI and SIZO in Donetsk and rial’ (online), 13 June 2016, by suffocation. The pastor was also subjected to evacuated from the region due to their names ap- Luhansk regions. . cording to numerous victims’ testimonies.292 clandestine gatherings for worship.296 territory, and sometimes hit the very buildings of 287 In this subsection we used a report «When God becomes CF and SIZO. As a result of such shelling some de- the weapon», prepared by the International Partnership 289 Ibid, p. 11. 293 Ibid, p. 14. for Human Rights and Center for Civil Liberties, see 290 294 297 . 291 Ibid, p. 12. 295 Ibid, p. 15. 298 Ibid, p. 15. 288 Ibid, p. 4. 292 Ibid, p. 12–13. 296 Ibid, p. 15. 299 Ibid, p. 16.

88 ALLEGED CRIMES ALLEGED CRIMES 89 tainees died, some were injured. Without a real pos- cakes, diluted soup almost without cereal. To sur- who originated from the western Ukraine, as well as freedom on the occupied territory because of the sibility to leave the dangerous zone and feel safe, vive the convicts had to ask their relatives to bring those who refused to work. As a result, almost ev- absence of Ukrainian state authorities on that ter- they survived under shelling for months. Those who them food. Those who did not have relatives had erybody worked without payment, for 10–12 hours ritory.306 were detained in the cells could not even descend to buy food at the raised prices from other convicts each day and without the special clothes. Although Conditionally the persons in custody could be di- to a bomb shelter because nobody brought them who co-worked with PI administration.301 there was a better attitude towards those who vided into following groups: there. During powerful shelling the administration However, not only the quality of food, but the worked, like everybody else, they could not contact • those who were convicted and whose sen- of PI was hiding, leaving the detainees on their own. general detention conditions became intolerable. their relatives, their freedom of religion was limit- tence entered into legal force before ATO; The institutions suffered the most from the shell- In 2015 PI did not have heating in winter. The cell ed, they suffered during the illegal searches, when • those who were convicted but whose sentence ing during the active hostilities in 2014–2015, but windows were shattered by the blast waves, they the appliances were broken and all their valuables didn’t enter the force before ATO; sometimes the correctional facilities are still being were shielded with plywood that could not effec- were taken away — even the new clothes and blan- • those who were not convicted but whose case shelled300. IAF placed the military vehicles near PI tively protect from cold and wind. The convicts had kets in cold winter.304 was in a first-instance court; with hundreds of defenseless detainees, they used to buy stoves at their own expense, at the same Their only chance to leave the inhuman condi- • those who were undergoing pre-trial investi- the vehicles to shoot in the direction of Ukrainian time the persons with life sentences were not even tions was to be transferred to PI on the territory gation at the moment of start of the ATO. military. Thus, they put the persons in the correc- allowed to use them. They had to create fires in controlled by Ukraine, to that end the convicts sub- • those who were detained and/or convicted tional facility in danger of the return fire, which of- their cells using the everyday items: wooden fur- mitted their applications. But such possibility of members of IAF. ten happened after some time. And when some of niture, clothes, to at least boil their water. The transfer now exists only in Donetsk region and fully Each of the groups has the peculiarities of its the convicts were injured or trapped under the rub- walls were covered with frost, the water froze and depends on the members of IAF. They may refuse to legal status. For the first group of persons whose ble of a destroyed building, the members of IAF did the temperature dropped to zero. There were peri- transfer anybody on any purpose, moreover, many sentence entered into force the issue of counting of not provide the urgent medical assistance. ods when there was no electricity or water supply of the convicts have troubles submitting the appli- their time spent in custody on the occupied territory for weeks. The amount of water the convicts could cation for transfer. Such applications are not ad- to the terms of their sentence is especially relevant, drink was limited. Moreover, they could not use mitted for different reasons. Moreover, the transfer as well as applying to them the Law no. 838-VIII the hygienic procedures, the cells and bathrooms goes on very slowly. Many convicts dream of return- “On amending the Criminal Code of Ukraine to im- reeked of sewers.302 ing to the controlled territory. Not only because of prove the procedure for enrollment by the court of In such conditions the detainees’ chronic diseas- their hostile attitude towards the separatists, but the term of pre-trial detention to the term of sen- es worsened and they received new ones. A small also because: “Now I often recall how in the child- tence” (also known ad the “Savchenko law”), early cut was enough for a development of a trophic ul- hood my grandfather told me about a German con- release, amnesty. On the other hand, it is the least cer in absence of the hygiene products, with low- centration camp. Back then I couldn’t imagine how vulnerable category of the convicts. They were al- ered immunity and effective absence of medical it feels to be there. And now, thanks to all persons ready convicted, and although there were attempts assistance. Some of the PI did not have doctors at involved! — I was there myself” (respondent L. who to review their sentences, in general they continue all for a long time. To have a paramedic was con- was in Yenakiyevo CF no. 52).305 to serve their sentences established by Ukrainian sidered a great luck. Even when there were doctors Holding the persons in custody on the tempo- courts. Chornukhine facility after the shelling there were no medicines, except for the simplest. rarily occupied territory is illegal. However, the ab- The convicts sentenced to life imprisonment sence of the reasons to hold them in custody under demand particular attention. They often hear the Since December 2014 the employees of SPSU The convicts with HIV/AIDS were not provided with Ukrainian legislation is not an obstacle for the oc- threats to review their sentences. And since the so- who left the dangerous regions were replaced by ART-therapy for several months. Only the persons cupation authorities, so the persons convicted by called “criminal code of DPR” envisages the possi- the “new administration” of PI. It consisted of the in the most serious conditions were brought to the hospitals. No wonder that some of the convicts died the courts of Ukraine before the start of the occupa- bility of death penalty for some particularly gross state officials of Ukraine who swore loyalty to the in hospitals.303 tion keep serving their sentences on the occupied offences, the life of such convicts can end up in di- so-called “L/DPR” and the members of IAF. Simul- Illegal physical force was often applied to the territory. Moreover, the persons who had the sta- rect danger anytime.307 taneously the funding of PI of the region from the convicts. Feeling their absolute impunity, the mem- tus of suspects, defendants but were not convicted Four other groups more or less depend on the state budget of Ukraine stopped. The members of bers of IAF could beat a person to death, leave a con- yet and were held in custody at the start of the oc- quasi-judicial bodies of the unrecognized repub- IAF did not provide the convicts with food, therefore vict without clothes outside for an entire day in the cupation are also in the places of the deprivation lics. Since Ukrainian courts left the case materials the starvation started in most of the PI. For months winter, sic the dogs on a detainee. They showed an of liberty. in the occupied regions during the evacuation, IAF the convicts could only eat the boiled sour cucum- especially negative attitude towards the detainees The Ukrainian state can only indirectly influence could possess the documents and continue their bers or boiled sour cabbage, bitter and soggy pan- the detention of individuals in the places of non- quasi-judicial review. Only in some of the courts of 301 Ibid, p. 36–38. 300 Annex 35, p. 9–11. «The rights of convicts detained in 302 304 306 the OTLDR», KHPG (online), August 2018, Ibid, p. 35. Ibid, p. 17–24. Ibid, p. 29–34. . 303 Ibid, p. 39–41. 305 Ibid, p. 44–48. 307 Ibid, p. 29.

90 ALLEGED CRIMES ALLEGED CRIMES 91 Luhansk region the employees burnt down the crim- In view of the members of IAF, all the convicts, inal and civil case files that were on consideration. accused persons, suspects, regardless of the stage Sometimes the cases of the detainees and accused of consideration of their cases, are in their jurisdic- persons remain on the territory controlled by the tion. Those who originate from Donetsk or Luhansk 6. Prerequisites for moving beyond government and the persons themselves — on the regions are called “citizens” of the unrecognized­ uncontrolled territory. republics and they are offered to receive the local a preliminary examination In such cases the quasi-courts reviewed the “passports”. materials of the proceedings at their discretion, to The administration of PI usually “loses” the and initiating an investigation only consider the cases. There were documented Ukrainian passports to implement the psychologi- instances when the process of consideration of cal pressure on the convicts, threatening them. The a case went on in absence of the witnesses, or, status of such persons under Ukrainian legislation in another case, the suspect was offered to plead n deciding whether a “reasonable basis” exists 6.1. Jurisdiction is undefined. Therefore, the common problem of all guilty in full to have a chance to go free, because Ifor initiating an investigation, the ICC Prosecutor groups of persons in custody on the occupied terri- 311 the time he spent in custody already exceeded the considers whether: Ukraine is not a State Party to the Rome Statute. tory is their unregulated legal status. term of punishment envisaged for the crime he was a) the information available to the Prosecutor It invoked Article 12(3) of the Rome Statute twice, 308 In general, it can be argued that there is a mass charged with. provides a reasonable basis to believe that having accepted the ad hoc jurisdiction of the ICC violation of the right of prisoners in the ORDLO to 312 a crime within the jurisdiction of the Court with respect to the Maidan events (Declaration I) 308 Ibid, p. 32–33. liberty, access to justice and the lack of justice. has been or is being committed; and the alleged crimes committed on the territory b) the case is or would be inadmissible under of eastern Ukraine and Crimea (Declaration II).313 Article 17 of the Statute; 311 and Ukraine signed the Rome Statute on 20 January 2000. In 2016, the Ukrainian parliament adopted constitu- c) taking into account the gravity of the crime tional amendments, which provide that the provision on and the interests of justice, there are none- the exercise of the ICC jurisdiction will “enter into force three years after the date of the official publication of the theless substantial reasons to believe that an act”. It is widely expected that the ratification process investigation would not serve the interests of will take place in 2019.: Закон України ‘Про внесення justice.309 змін до Конституції України (щодо правосуддя)’ (Law of Ukraine on Amending Article 124 of the Constitution At this stage, the applicable evidentiary stan- of Ukraine (with regard to the recognition of the ICC Stat- dard is that of “reasonable basis to believe”, which ute), Legislation of Ukraine (online), 2 June 2016, . Chamber to arrive at the conclusion that “a sen- 312 Declaration of the Verkhovna Rada of Ukraine to the sible or reasonable justification for a belief” that ICC on the recognition of the jurisdiction of the ICC by Ukraine over crimes against humanity, committed the crimes within the jurisdiction of the Court have by senior officials of the state, which led to extremely been committed exists.310 grave consequences and mass murder of Ukrainian Below we elaborate on the fulfilment of the nationals during peaceful protests within the period 21 November 2013 — 22 February 2014 signed by the abovementioned prerequisites necessary for the Chairperson of the Verkhovna Rada of Ukraine Olek- initiation of an investigation and call upon the ICC sandr Turchynov, ICC (online), 25 February 2014, . rization of an investigation into the situation of 313 Declaration of the Verkhovna Rada of Ukraine to the ICC Ukraine. on the recognition of the jurisdiction of the ICC by Ukraine over crimes against humanity and war crimes committed by senior officials of the Russian Federation and leaders 309 Rome Statute, Art. 53(1)(a)(c). of the Russian Federation and leaders of terrorist organi- 310 Pre-Trial Chamber II, Situation in the Republic of Kenya, zations “DPR” and “LPR”, which led to extremely grave Decision Pursuant to Article 15 of the Rome Statute on consequences and mass murder of Ukrainian nationals the Authorization of an Investigation into the Situation signed by the Chairperson of the Verkhovna Rada of in the Republic of Kenya, ICC (online), 31 March 2010, Ukraine V. Groysman, ICC (online), 4 February 2015, , paras. 27–35 Art_12-3_declaration_08092015.pdf>

92 ALLEGED CRIMES PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION 93 On 29 September 2015, based on Ukraine’s second countable, given that the alleged crimes took place According to Article 17(1) of the Rome Statute, the an assessment of unwillingness and inability as set declaration under Article 12(3), the ICC Prosecutor on the territory of Ukraine that accepted the ad hoc Court shall determine that a case is inadmissible out in Article 17 of Rome Statute.319 announced the extension of the preliminary exami- jurisdiction of the ICC within the given timeframe. where: (a) the case is being investigated or pros- Pursuant to Article 17(2) of the Rome Statute, nation of the situation in Ukraine to include alleged ecuted by a State which has jurisdiction over it, un- for the purpose of assessing unwillingness to in- crimes occurring after 20 February 2014 in Crimea less the State is unwilling or unable genuinely to carry vestigate or prosecute, the Office of the Prosecutor and eastern Ukraine.314 Therefore, Ukraine’s sec- out the investigation or prosecution; (b) the case has shall consider whether (a) the proceedings were or ond declaration accepting the ad hoc jurisdiction of 6.2. Admissibility been investigated by a State which has jurisdiction are being undertaken for the purpose of shielding the ICC provides the jurisdictional basis for the ICC over it and the State has decided not to prosecute the the person concerned from criminal responsibility Prosecutor to examine the alleged crimes enumer- Pursuant to Article 17(1) of the Rome Statute, person concerned, unless the decision resulted from for crimes within the ICC jurisdiction, (b) there has ated in this communication. admissibility requires an assessment of comple- the unwillingness or inability of the State genuinely been an unjustified delay in the proceedings which As for ratione temporis, the second declaration mentarity (subparagraphs (a)-(c)) and gravity (sub- to prosecute; (c) The person concerned has already in the circumstances is inconsistent with an intent covers alleged crimes committed on the territory of paragraph (d)).316 The ICC jurisprudence clarifies been tried for conduct which is the subject of the to bring the person concerned to justice, and (c) the 315 Ukraine from 20 February 2014 onwards. There- that there is not yet a ‘case’ at the preliminary ex- complaint, and a trial by the Court is not permitted proceedings were or are not conducted indepen- fore, ongoing violations qualifying as war crimes amination stage, which comprises an identified set under article 20, paragraph 3; (d) The case is not of dently or impartially and in a manner consistent or crimes against humanity committed in eastern of incidents, suspects and conduct. Therefore, the sufficient gravity to justify further action by the Court. with an intent to bring the person concerned to jus- Ukraine and Crimea fall within the jurisdiction of the consideration of admissibility (complementarity We submit in this Communication that there are tice. In so doing, the Office may consider a number ICC. The crimes detailed in this Communication in- and gravity) takes into account “potential cases that no factors that would make potential cases arising of factors. More detailed explanation as to what clude alleged crimes committed from April 2014 on- could be identified in the course of the preliminary out of the situation in eastern Ukraine inadmissible constitutes ‘unwillingness’ within the meaning of wards, thus falling within the jurisdiction of the ICC. examination based on the information available and before the ICC. the Rome Statute is provided in the ICC Policy Paper The crimes enumerated in this communication that would likely arise from an investigation into on Preliminary examinations (2013). fall within the subject matter (ratione materiae) Pursuant to Article 17(3) of the Rome Statute, in the situation”.317 In other words, admissibility at the jurisdiction of the ICC, as we submit, they qualify Complementarity order to determine inability in a particular case, the situation phase is assessed against certain criteria as war crimes and crimes against humanity within Court shall consider whether, due to a total or sub- defining a ‘potential case’ such as: “(i) the groups of The ICC operates on the basis of the principle of the meaning of Article 7 and Article 8 of the Rome stantial collapse or unavailability of its national judi- persons involved that are likely to be the focus of an complementarity, which means its jurisdiction is Statute. Further, the crimes were committed on the only triggered when national authorities are unwil­ cial system, the State is unable to obtain the accused territory of Ukraine by the Ukrainian and Russian investigation for the purpose of shaping the future ling or unable to prosecute the crimes falling within or the necessary evidence and testimony or otherwise nationals alike. The parties involved in the commis- case(s); and (ii) the crimes within the jurisdiction of the jurisdiction of the ICC. Pursuant to Articles 53(1) unable to carry out its proceedings. More detailed ex- sion of crimes include (1) the members of IAF that the Court allegedly committed during the incidents (b) and 17(1)(a)-(c) of the Rome Statute, the comple- planation as to what constitutes ‘inability’ within the that are likely to be the focus of an investigation for were often acting upon support or direct participa- meaning of the Rome Statute is provided in the ICC 318 mentarity assessment relates to whether genuine tion of Russian military forces, (2) the members of the purpose of shaping the future case(s).” investigations and prosecutions have been or are Policy Paper on Preliminary examinations (2013). LAF, including the divisions of UAF, MIA, voluntary Notwithstanding some national proceedings hav- 316 being conducted in the State concerned in respect of battalions and SSU, and (3) the members of Russian “Policy Paper on Preliminary Examinations”, ICC (on- line), November 2013, the case(s) identified by the Office of the Prosecutor. ing taken place with respect to the crimes commit- military forces or Russian special forces. , para. 42. Ukraine, we submit that Ukraine is both unwilling 317 sessment of complementarity is a twofold test. Statute, it nationals may nevertheless be held ac- Situation in the Republic of Kenya, Pre-Trial Chamber, and unable to investigate and prosecute the crimes. Decision Pursuant to Article 15 of the Rome Statute on The first limb of the test in assessing complemen-

314 the Authorization of an Investigation into the Situation tarity is whether there are or have been any rel- “ICC Prosecutor extends preliminary examination of the in the Republic of Kenya», ICC (online), 31 March 2010, situation in Ukraine following second article 12(3) decla- evant national investigations or prosecutions. Unwillingness of Ukrainian state authorities , para. 50; The absence of national proceedings, i. e. domestic . Situation in the Republic of Cote D’Ivoire, Pre-Trial Cham- 315 inactivity, is sufficient in itself to make the case ad- The Ukrainian national authorities clearly demon­ Declaration of the Verkhovna Rada of Ukraine to the ICC ber, Decision Pursuant to Article 15 of the Rome Statute on on the recognition of the jurisdiction of the ICC by Ukraine the Authorization of an Investigation into the Situation in missible before the ICC. If the first part of the test is strate their unwillingness to investigate and prosecute over crimes against humanity and war crimes committed the Republic of Cote d’Ivoire, 3 October 2011, ICC-02/11- answered in affirmative, then the Court proceeds to by senior officials of the Russian Federation and leaders 14, para. 190 (hereinafter — Cote d’Ivoire Art 15 Decision). 319 of the Russian Federation and leaders of terrorist organi- Prosecutor v. Germain Katanga and Mathieu Ngudjolo 318 zations “DPR” and “LPR”, which led to extremely grave Situation in the Republic of Kenya, Pre-Trial Chamber, ICC, Situation in the Republic of Cote D’Ivoire, Pre-Trial Chui, Judgment on the Appeal of Mr Germain Katanga consequences and mass murder of Ukrainian nation- Decision Pursuant to Article 15 of the Rome Statute on Chamber, Decision Pursuant to Article 15 of the Rome against the Oral Decision of Trial Chamber II of 12 June als signed by the Chairperson of the Verkhovna Rada of the Authorization of an Investigation into the Situation Statute on the Authorization of an Investigation into 2009 on the Admissibility of the Case, ICC (online), Ukraine V. Groysman», ICC (online), 4 February 2015, in the Republic of Kenya»,ICC (online), 31 March 2010, the Situation in the Republic of Cote d’Ivoire, 3 Octo- 25 September 2009, . ICC-01/09-19-Corr>, para. 50, d’Ivoire Art 15 Decision). PDF>, para. 78.

94 PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION 95 the crimes committed by LAF. It especially concerns All crimes, in particular unlawful deprivation a victim, thus respectively denying them and their nex 6, pp. 7–9; Annex 7 pp. 11–14; Annex 8, p. 9–10; the cases, in which potential perpetrators are the of liberty and ill-treatment committed by the staff lawyers’ access to case materials at the pre-trial in- Annex 12, pp. 21–22; Annex 14, pp. 10–11, Annex 15 staff employees of SSU.320 The investigative bodies members of SSU, have not been investigated. vestigation stage (see Annex 6, p. 6; Annex 7, p. 10; p. 8). Therefore, the authorities of RF refused to in- are also unwilling to recognize the victims of violence Moreover, the very fact of the commission of such Annex 8, p. 8). In addition, the law enforcement vestigate the crimes upon the victims’ applications. inflicted by the members of LAF, even in the presence crimes has been denied by SSU (see above subsec- agencies failed to carry out the necessary investiga- Many crimes committed in the context of the of clear signs of violence e. g. bodily harm (Annex 25). tions 5.3, 5.4 and annex 9). In those very few cas- tive activities, such as the examination of the scene armed conflict in eastern Ukraine appear to be in- At present, it is very unlikely to expect the Gener- es, in which the members of LAF are held account- of the crime; collecting witness testimony; and in correctly qualified under the umbrella of terrorist al Prosecutor’s Office of Ukraine to initiate criminal able for the crimes committed in the context of the the case of receiving requests to carry out necessary offences under national law. In fact, there is a sig- proceedings with respect to unlawful actions com- armed conflict, the charges and outcomes do not investigative activities, they either did not react or nificant increase in the number of criminal cases mitted by the staff members of SSU. The Head of correspond to the gravity and magnitude of those conducted only some investigative measures (often initiated under Article 258 of CC: a huge leap from SSU, Mr. Vasyl Hrytsak, was appointed by President crimes. In particular, the members of the battal- by redirecting these requests to other investigative only 4 cases in 2013 to 1,499 (2014), 1,257 (2015), Poroshenko as the Head of the SSU Anti-Terrorism ion ‘Tornado’ were sentenced to the imprisonment bodies). Further, there were no special investigative 1,865 (2016) and 1,385 (2017).325 The majority of Centre in July 2014, which was established by law terms between 5 and 11 years respectively, which measures carried out which were relevant to the crimes qualified under Article 258 relate to the ac- for coordination of ATO in eastern Ukraine, manage- was further appealed by both the defence and the conduct of hostilities (e. g. shelling direction, dis- tions of the members of IAF in the context of the ment of anti-terrorist activities, and coordination prosecution.322 The criminal proceedings involving tance and impact; types of weaponry/military vehi- seizure of control over parts of territories in the Do- of all state organs involved in combating anti-ter- the alleged crimes committed by the members of cles used etc.). In the cases where the requests on netsk and Luhansk regions and ensuing armed con- rorist activities.321 As of July 2015, Mr. Hrytsak was battalion ‘Aydar’ are still ongoing.323 In light of the conducting investigative measures had been met, flict. The Ukrainian government does not recognize appointed almost unanimously by the Ukrainian above, there is a reasonable basis to believe that such measures were either ineffective and of no evi- directly that it is engaged in the armed conflict east- parliamentarians as the Head of SSU upon the sub- the members of LAF involved in the commission of dentiary value, or were postponed for an indefinite ern Ukraine, having officially declared that it is con- mission of President Poroshenko. It appears that the crimes, as detailed above, will not be fairly pun- period of time (see Annex 14, p. 8; Annex 51). ducting anti-terrorism operation in eastern Ukraine. Mr. Hrytsak, by virtue of his position, is the most ished within the Ukrainian judicial system. In 2016–2017, the lawyers of KHPG submitted Despite such a great number of criminal proce­ responsible person for the actions of the SSU staff As for criminal proceedings involving the mem- multiple requests on initiating criminal proceedings, edings initiated under Article 258 of CC, during the pe- in ATO, as well as the actions of those who pursued bers of IAF, the Ukrainian law enforcement agencies forcing SSU to initiate 255 criminal cases upon the riod between 2014 and 2017, only 72 pre-trial investiga- persons for their alleged commission of the crimes exhibit a low activity in initiating such cases, poin­ facts of death or injury sustained by the civilians in tions ended with directing those cases to courts. This of terrorism, and crimes against national security ting in the direction of unwillingness to investigate the government controlled territory; destruction of corresponds to 1% in relation to a total number of crim- and territorial integrity of the State. Notwithstand- them. In 100 cases supported by lawyers of our or- property due to shelling attacks; enforced disap- inal proceedings initiated under Article 258 (6,044).326 ing the implication of SSU leadership in the com- ganization, the Ukrainian law enforcement agencies pearances etc. Notwithstanding those requests, the According to the statistics provided by the Gen- mission of the crimes, it is very unlikely that the failed to start an investigation following the com- investigative measures have not been carried out eral Prosecutor’s Office of Ukraine, under the Arti- General Prosecutor’s Office of Ukraine will be will- mission of crimes, and even failed to act on the re- and the investigations proved to be ineffective (see cle 127 of CC (‘torture’), 54 criminal cases were ini- 324 ing to initiate criminal proceedings. quests of victims to commence an investigation. Annex 10, section 10). Having exhausted all national tiated in 2014 and 73 criminal cases were initiated As a result, many victims complained of inaction domestic remedies in 115 such cases, the lawyers in 2015.327 Obviously, such statistics is completely 320 “Report on the human rights situation in Ukraine on the part of the law enforcement agencies to an of KHPG submitted individual applications to ECtHR disproportionate to a number of reported incidents 16 November 2015 to 15 February 2016”, UN OHCHR investigating judge, thereby forcing the law en- against Ukraine and Russia, substantiating the viola- (online), 3 March 2016, of torture and ill-treatment committed in the con- , para. 48; Annex 7, pp. 5–6; Annex 8, pp. 3–4). After initiating “Report on the human rights situation in Ukraine ingness on the part of the Ukrainian law enforcement (Art. 433 of CC), violence against the civilian popula- 16 February 2015 to 15 May 2016”, UN OHCHR (online), such criminal proceedings, investigators refused agencies to investigate the crimes committed by IAF. tion during the conflict (Art. 434 of the CC), violations June 2016, to grant the victims of the crimes a formal status of As for the outcome of applications submitted of the laws and customs of war (Art. 438 of CC), such , para. 31; by the victims to the respective bodies of RF re- criminal proceedings are almost non-existent. 322 “Report on the human rights situation in Ukraine «Суд виніс вирок у скандальній справі „Торнадо“» garding the commission of crimes, they received 16 May to 15 August 2016”, UN OHCR (online), 2016, [The court delivered a verdict in the scandalous case a standard reply of the Investigative Committee of 325 «Cтатистична інформація/Офіційний веб-сайт Гене- , para. 46. . competent national authorities of Ukraine in accor- «Указ „Про призначення В. Грицака керівником Ан- mation], GP (online), 323 «Єдиний Державний реєстр судових рішень» [The Uni- титерористичного центру при Службі безпеки Украї- dance with Minsk Convention on Legal Assistance . ни“» [Decree on the appointment of V. Hrytsak as Head fied State Register of Judicial Decisions], REYESTR.COURT. and Legal Relations in Civil, Family and Criminal 326 Ibid. of the Antiterrorist Center in the Security Service of GOV.UA (online), 327 Ukraine], Legislation of Ukraine (online), 07 July 2014, . Matters of 22 January 1993 in order to “verify the Ibid. . 324 Annex 28, section 12. allegations as provided in the application” (see An- 328 Ibid.

96 PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION 97 Inability of Ukrainian state authorities The scale of the crimes may be assessed in abuse of power or official capacity, and elements of have to cope with long lasting effects of the ordeal to investigate or prosecute the crimes light of, inter alia, the number of direct and indi- particular cruelty.334 The manner in which the crimes they had gone through during many years to come, rect victims, the extent of the damage caused by were committed in eastern Ukraine point towards with many of them exhibiting signs of PTSD, depres- One of the main factors that hinders ability of the the existence of an organised policy to commit such sion and other psychological disorders, as well as Ukrainian national authorities to investigate and pros- the crimes, in particular the bodily or psychologi- crimes against civilians (particularly those who ecute crimes committed in the context of the armed cal harm caused to the victims and their families, or suffering from serious health problems. 330 were perceived to be disloyal by IAF and LAF) and conflict in eastern Ukraine is the absence of relevant their geographical or temporal spread. The scale The civilians who resided in the areas subjec­ provisions criminalizing core international crimes in of crimes in eastern Ukraine is vast, with more than captive members of various armed groups, which is ted to shelling lived in the constant atmosphere of the Criminal Code of Ukraine, with an exception of 3,000 civilians reported dead, 7,000 injured, and evidenced by a high degree of organization of the terror and fear. The conflict has completely trans- broadly formulated Article 438 on war crimes. Many thousands of people subjected to torture or ill-treat- places of unlawful detention and systematic use formed the social fabric of the affected communi- 331 crimes that could potentially fall within the ICC juris- ment (often in the context of unlawful detention). of torture and ill-treatment against the detainees. ties that were judged on the basis of their loyalty diction are qualified in Ukraine as the crimes of terror- Residential buildings, houses and objects of critical Further, the manner in which shelling of populated to the self-proclaimed republics. The damage to the ism. Hence, even if convicted, those responsible will infrastructure (e. g. hospitals, schools) have been areas had taken place demonstrates a complete dis- critical infrastructure objects and loss of homes de- not fully bear responsibility for their actions, since the destroyed and deprived civilians of leading a nor- regard towards the life of civilians, failure to distin- prived civilians of leading a normal life in the con- charges levied against them do not accurately reflect mal life, with many of them forced to flee the con- guish between military and non-military objects in flict affected areas, leading to a dramatic increase the nature of the crimes they had committed. flict affected area. The number of IDPs on 16 April breach of the most fundamental principles of pro- of a number of IDPs who were forced to abandon 332 Another major factor hindering ability of the 2018 was near 1.5 million persons. portionality, distinction and precaution under IHL. their communities. Ukrainian national authorities to investigate and The nature of the crimes refers to the specific The impact of crimes may be assessed in light 333 prosecute crimes is the absence of access to the elements of each offence. This communication of, inter alia, the sufferings endured by the victims non-government controlled territories, which means details particularly violent crimes committed in the and their increased vulnerability; the terror sub- that they cannot effectively conduct investigations context of the conflict in eastern Ukraine, including sequently instilled, or the social, economic and 6.3. Interests of justice on those territories. More specifically, the Ukrainian murder, torture and ill-treatment in combination environmental damage inflicted on the affected 335 The interests of justice under article 53(1)(c) is national authorities cannot carry out the necessary with unlawful detention, outrages upon personal communities. As detailed in our communication, a potentially countervailing criterion that may give investigative actions on such territories, such as ex- dignity and attacks on the civilian population and many victims of crimes endured serious physical a reason for the ICC Prosecutor not to proceed. amining a crime scene; questioning suspects and/or civil objects, which we submit merit particular at- and mental suffering as the direct outcome of the As such, the Prosecutor is not required to establish witnesses; collecting material evidence, conducting tention of the ICC Office of the Prosecutor. crimes committed by IAF and LAF alike. This par- that an investigation serves the interests of justice. the necessary expertise. This excludes the possibil- The manner of commission of the crimes may be ticularly concerns victims who were subjected to Rather, the Office of the Prosecutor “will proceed ity to conduct a full investigation and bring to justice assessed in light of, inter alia, the means employed torture, ill-treatment and outrages upon personal unless there are specific circumstances which pro- the members of IAF, as they live on the other side of to execute the crime, the degree of participation dignity in the context of unlawful detention in inhu- vide substantial reasons to believe that the inter- the contact line, which makes it impossible to exe- and intent of the perpetrator, the extent to which man conditions. This communication also referred ests of justice are not served by an investigation at cute arrest warrants against them. the crimes were systematic or result from a plan to numerous instances of psychological abuse suf- or organised policy or otherwise resulted from the fered by the victims who were subjected to mock ex- that time”.336 In fact, there is a strong presumption Gravity ecutions; death and rape threats directed not only in favor of the interests of justice criterion, provided 330 “Policy Paper on Preliminary Examinations”, ICC (on- at them, but also at their family members; forced to the criteria of jurisdiction and admissibility have As clarified in the jurisprudence of the ICC, “(i) a gra­ line), November 2013, witness torture or killing of other detainees; forced been satisfied. vity determination involves a generic assessment , para. 62. 331 ving victims of crimes and their family members will described in this communication, and their impact an investigation is yet to be opened) of whether the “Report on the human rights situation in Ukraine 16 February to 15 May 2018”, UN OHCR (online), on the victims, affected communities in eastern groups of persons that are likely to form the object , para. 16. November 2013, is nothing to suggest that opening an investigation greatest responsibility for the alleged crimes com- 332 «У Мінсоцполітики назвали число офіційно зареєст­ , placed persons in Ukraine is approaching 1.5 million para. 64. a quantitative and qualitative viewpoint and factors people], RBC.ua (online), 16 April 2018, 335 Policy Paper on Preliminary Examinations”, ICC (online), 336 “Policy Paper on Preliminary Examinations”, ICC (on- such as nature, scale and manner of commission of . , paper_preliminary_examinations_2013-eng.pdf>, line), November 2013, para. 65. para. 67.

98 PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION 99 7. Conclusions Annex

e submit that all the prerequisites for initi- to open an investigation as soon as possible in or- A brief description of events On 15 April a division of the 3rd regiment of the Wating an investigation into the situation in der to address injustice and impunity gap in east- of the armed conflict special forces of UAF, as well as divisions of “Al- Ukraine under Article 53(1)(a)-(c) have been met. ern Ukraine for the benefit of many victims of crimes pha” and “Omega” landed from the helicopters in the East of Ukraine, Therefore, we urge the ICC Office of the Prosecutor and their family members. after a brief assault and took Kramatorsk air field. where LAF sustained At the same time, several tactical groups of UAF, as significant losses well as the divisions of the National Guard, closely approached Sloviansk and organized its blockade 337 Battle for Sloviansk (the installation of the roadblocks). On 20 April The armed groups of IAF occupied Sloviansk Vyacheslav Ponomaryov declared that he refused on 12 April 2014. At first they took the building of to negotiate with Ukrainian authorities and stated the department of MIA, then other administrative about the absence of the Russian military in the buildings, and the control of the town was taken location. On 24 April there started the first assault by the “public mayor”, Vyacheslav Ponomaryov. on Sloviansk. The divisions of NGU, as well as the On 12 April near Sloviansk a group of the officers of division of the special forces of MIA “Omega” con- SSU that was performing the reconnaissance of the ducted a reconnaissance in force: the Ukrainian surroundings before the start of actions covered by fighters destroyed two roadblocks of the “people’s “Alpha”, ended up in the ambush of IAF. As a result militia” of Sloviansk and were forced to retreat to of a short shooting a officer of “Alpha” and one of their starting positions under the order of the com- the members of IAF died. mand of ATO, stopping their advance into the town. The divisions of LAF were able to take back and oc-

337 , cupy a strategically important height in the vicinity , of Sloviansk — Karachun mountain. As a result of , the use of AAMS by the armed groups the Ukrainian , , On 9 June 2014 the armed members of the “Rus- , Velychko and Victor Bradarskiy, faithful Christians , tor — Ruvim and Albert Pavenko. , ter that his body was dumped in Siverskiy Donets with , the bodies of Volodymyr Rybak and Yuriy Poplavko. , , 2014 Mykolaivka was liberated in full and taken un- , . IAF surrendered to them.

100 CONCLUSIONS ANNEX 101 the mayor, Gennadiy Kostyukov, to acknowledge the On 17 April the patriots of Kramatorsk managed al landscape park Velikoanadolskiy forest, was at- “DPR”. Later armed people who called themselves to organize a rally in support of unity of Ukraine. On tacked by the members of IAF of the s.-c. “DPR”. They “people’s militia” began the assault on the town’s 15 May near the village of Starovarvarivka 30 km arrived in several cars, two of which were armored police department. On 15 April the armed members away from Kramatorsk, and near Kramatorsk itself collectors’ cars of “Privatbank”. The Ukrainian mili- of IAF left the town police department, however, be- there was carried out an operation of LAF that was tary must have let them go through the block post, fore that they pillaged and looted it. On the same called the final stage of fighting the terrorists. after that the Ukrainian forces were shot closely by day they began the assault on Kramatorsk air field, On 18 May IAF carried out the shelling of Krama- small arms, anti-tank grenade launchers, machine torsk and attacked 5 block posts and a base camp which was strategically significant for both parties guns and mortars. The wounded were killed by the of UAF near Sloviansk and Kramatorsk. On 20 May to the conflict. Near 3:30 pm a plane wanted to land snipers who were hiding in the forest belt on both 2014 a video appeared in the Internet, showing the on the air field, however, during the landing it was sides of the road. After the end of the battle the rein- Sloviansk female residents of Kramatorsk surrounding the bus shot at from the ground. forcements came — the Mi-8 helicopters. with the members of IAF and demanding them to On 5 July the members of the group of Strelkov- After that it immediately interrupted the land- leave the town, and after a verbal conflict the armed Girkin were forced to leave the fortified district in ing and flew away. On 15 April 2014 the divisions of group left, after that those women started receiving Sloviansk under the pressure of LAF. Although most Ukrainian special forces liberated the military air numerous threats from the members of IAF to “be of the armed groups of IAF were able to retreat from field in Kramatorsk of IAF. On 16 April the non-local hanged on St. George’s ribbons”. the blocked town, during the breakthrough they “civilians” who were brought to Kramatorsk block Another wave of ATO in the direction of Krama- sustained significant losses. The flag of Ukraine was the Ukrainian paratroopers, carry out the cam- torsk began on 25 May, the Ukrainian forces shelled raised over the town council, the mission to provide paigning and gather the intelligence concerning the fire positions of IAF from the air. On 10 June dur- the humanitarian aid to the civilians started operat- Ukrainian forces. Later the line consisting of three ing the night battle in Kramatorsk IAF sustained ing on the town. They started to bring the weapons APC of Ukrainian forces breached the blockade of losses, however, the information about their quan- left by the armed formations to the enforcers. Ac- IAF in Kramatorsk. tity differed a lot. On 17 June the battles for Krama- cording to the soldier who worked undercover in the torsk renewed, the armed groups shelled Amvrosi- Shooting of the military near Volnovakha group of Girkin, the number of people in that group ivka, Luhansk and Sloviansk. On 5 July, as a result Apparently, without the connection with the that left Sloviansk was 1824 persons. of defeat in the battle for Sloviansk, IAF left Krama- ground, the pilots decided that the surviving mem- toesk, after that the town was taken by Ukrainian bers of 51 SMBR were terrorists, and opened fire. As forces. Battles for Kramatorsk338 a result, 17 soldiers of the 51st separate mechanized On 12 April 2014 around a thousand support- brigade were killed, one was wounded. The Colonel ers of the s.-c. “DPR” gathered for a rally near the Shooting of the military near Volnovakha339 of the Main Intelligence Department of RF, Igor Be- zler, known as “Bes”, stated that his people and he town’s executive committee. They demanded from Between 4 and 6 am on 22 May the camp of the destroyed the block post of UAF under Volnovakha in 51st brigade that was located between the villages of 338 , , kramatorska-kak-vyhliadyt-horod-posle-bombezhky>, , viki_zastrelili_8_silovikiv_n1309171>, etvorila-donbas-na-krivavu-arenu—22052016150300>, ske-separatistyi-ustanovili-flag-donetskoy-respubliki. , html>, sku-tri-ukrajinskih-bmp-virvalisya-iz-otochennya-jih- or-bezler-vzjal-otvetstvennost-za-boj-pod-volnovahoj. , peresliduyut-ozbroeni-boyoviki-zmi.html>, html>, novahoyu/>, , 2227/>, 7022744/>, vtrati-pid-chas-ato-v-boyah-pid-volnovahoyu-zaginuli- , blyh-pid-volnovahoyu-volynian>, gorotdel_militsii_zakhvachen_separatistami>, zaginuv-ukrayinskij-vijskovij-minoboroni/553645>, , 5691/>, meja-nekompetentnosti.html>, livci>, , 3365029-i-znovu-tryvaie-bii-yak-bylysia-za-krama- stril-51-yi-brigadi-pid-volnovahoyu-treti-rokovini-per- ukrayinayedina/khniy-blokpost-rozstrilialy-rivno-rik- , shih-velikih-vtrat-zsu-v-ato/>, tomu-pamiati-18-heroyiv-51-omb/>, drom-pislya-vizvolennya.html>, , at_biyitsiv_yaki_zagynuly_try_roky_tomu_na_blokpos- ezhi-ziavylosia-video-boiu-pid-volnovakhoiu-/>, 2571/>, . tu_pid_volnovahoyu_vshanuvaly_v_lutsku_video>, .

102 ANNEX ANNEX 103 the morning on Thursday. The losses of UAF in that On 9 August IAF left Savur-Mohyla entirely. From move in one direction, moving in another direction. on 31 July 2014 IAF shelled EECP “Marynivka” from conflict were the greatest since the start of ATO. In there the armed groups shelled LAF and several The group of 21 soldiers moved during the nights for “Grad”s. One of the concrete slabs of the destroyed October 2014 it became known that the soldier who populated areas for a long time. On 12 August the 16 days, it retreated without the injuries and deaths. rooms fell on the border guards. On 1 September was wounded under Volnovakha and was treated, scouts from the special forces unit “Krym” breached 2014 during the operation of LAF the village was lib- died in one of the hospitals. through to Savur-Mohyla, took the control over the erated from IAF. On 13-14 September the entrance- observation point on its top and started correcting The battles for the control exit point was taken by the personnel units of the the artillery fire. On 21 August 2014 the stele fell from over the state border (Marynivka)341 armed forces of RF during the September invasion Battles for Savur-Mohyla340 the damage as a result of artillery shelling. During On 5 June 2014 there was the first attempt of IAF of RF in Russia. On 12 June, given the necessity to regain control the day on 23 August the Russian forces began the to take under their control the entrance/exit check- over the border with RF with the aim to make it im- advance on the southern span of the front of Sector point “Marynivka”. The attempt ended with losses possible for the IAF, military vehicles and ammuni- “D”, On 24 August in the morning “Sumrak” contin- of personnel and retreat of the armed groups. On 20 tion to get to the territory of Ukraine, the Ukrainian ued to transmit the data about the advance of the June 2014 during the attempt of IAF to break through forces on the south of Donetsk Oblast started the enemy forces, however, the artillery could not use it from the territory of Russia within the territory of assault along the border with Russia. There was a anymore — it had to leave Savur-Mohyla under Rus- Ukraine, the members of NGU captured the modi- sian fire. On 24 September there was another assault conflict in the area of the height, when IAF attacked fied APC-80. On 16 July after the artillery prepara- th on the height, the tanks were shooting directly, the the line of Ukrainian forces of the 79 brigade. tion the armed groups assaulted the positions of mercenaries from Caucasus attacked the defend- On 2 July LAF started the assault on the height. LAF near the villages of Tarany and Marynivka of Do- ers of Savur-Mohyla, the attack was repulsed with On 26 July the united tactical-battalion group (TBGr) netsk Oblast. They planned to break the Ukrainian st numerous losses of the adversary. Under the order “Kolos” of the 51 mechanized brigade was sent to group and move to the border. On 19 July there was Marinivka the defenders retreated in the night of 25 Septem- the area of Savur-Mohyla with the aim to unblock a battle between LAF and IAF, during the shelling of ber after 12 days of protecting Savur-Mohyla; they the Ukrainian forces that were surrounded in Sec- the base point of the forces of ATO near Marynivka were leaving the encirclement during the nights, tor D. 2 days later, on 28 July, TBGr arrived on the many soldiers were heavily wounded. In the night The battles for the control spot. During the deployment of the unit for the ad- moving to the closest LAF. At the time it was already over the state border (Chervonopartizansk)342 vancement, the unit was shelled by the artillery of surrounded by the Russian armed groups of sector 341 , joined the Ukrainian forces under Mnogopilya. , , 342 pusku-Marinivka-podii-yaki-zalishatsya-v-istorii- , varino_chervonopartizansku_marinivtsi_gorlivtsi__ 15080/>, , , , , , , zabyvat>, bii-pid-marynivkoui>, , , , , boyoviki-zdali-svoyi-poziciyi-90480.html>, ly_rozhrom_ukrayinskykh_viyskovykh_na_savur_mo- , Savur Mohyla sche-marinivka-zalishayetsya-pid-kontrolem-ukrayin- kom_tryvayut_boyi>, , skih-zbroynih-sil.html>, , sku-na-luganschini-yde-velikiy-biy.html>, dir_vysoty_podpolkovnik_kapinos_pro_shturmy_saur- , battalion of the territorial defence left the encircle- 10-bojjovikiv.html>, kpp-chervonopartizansk-na-kordoni-146651.html>, , during battles, where they were fighting for two za-savurmogilu/839966>, 3400907-z-artylerii-obstrilialy-pozytsii-desantnykiv- , mogila_hroniki_neudachnogo.html>, weeks. The group was surrounded when IAF took stepanivku_i_marynivku_na_kordoni_z_rosiieyu__ , AJ&pg=PT84&lpg=PT84&dq=бої+за+червонопарт , vehicles — on foot, wearing uniforms, with weap- . ons, using the tactics of confusion — pretended to atki-vizit-posla-knr>. #v=onepage&q=боїзачервонопарти занськ&f=true>,

104 ANNEX ANNEX 105 cial unit of the border guards from the hiding near Russian military near the town, the breakthrough fire from the direction of RF. During the numerous artillery strikes from the Russian territory between Horodische in Luhansk Oblast. As of 2 July the EECP lasted for three days, the fighters approached LAF fights LAF did not manage to regain control over the mid-July and the second half of July the control “Izvarine” and “Chervonopartizansk” were not in the area of Savur-Mohyla and Amvrosiivka. 7 figh­ the checkpoint “Izvarine”. After losing control over was lost, the units of LAF were surrounded. On 1 Au- controlled by LAF, however, the attempts to regain ters died, 17 went missing during the shelling of the the populated areas of Stepanivka, Marynivka and gust 2014 the Ukrainian military left the positions control over them did not stop, they were under vi- line while leaving the encirclement in “Dovzhansk checkpoint “Marynivka” in the middle of July the near EECP “Dovzhanskiy”. On 8 August 2014 the sual and fire control of UAF. The forces of the border cauldron” near Chervonopartizansk and checkpoint forces of ATO to the east of Marynivka were es- control over it was taken by Don cossacks. guards and UAF were situated 8 km away from EECP. “Dovzhanskiy”. sentially surrounded, cut off from the main forces. On 10 July the Minister of Defence of Ukraine, Valeriy The unblocking of the surrounded units was carried Geletey, informed that the forces of ATO took EECP out and the conflict de-facto ended on 7 August with Shooting in Zelenopilya345 “Chervonopartizansk” under control. On 15 July un- Battles for the control the retreat of the last units who were carrying out On 11 July 2014 — a missile strike on the grouping 343 der Chervonopartizansk a group of the special forc- over the state border (Izvarine) the mission to block the state border. The battle on of UAF and State Border Service of Ukraine in sector rd es of the 3 regiment underwent mortar shelling. The advance of the forces of ATO started on the border became the first significant defeat for “D” of the zone of ATO near the village of Zelenopi- The mortar volley covered the unit during the deliv- 12 June. During the battle LAF underwent artillery LAF. As a result the control over the state border be- lya of Luhansk Oblast. ering of the combat mission. On 18 July the shell- tween Izvarine and Marynivka was lost. The attack was carried out in the night between ing of the positions of the forces of ATO continues 343 , their territory performed a powerful strike across “Chervonopartizansk” and “Marynivka”. On 21 July , tary. It was the first direct massive use of the regular shelled from PA Panchenkove, on the border with RF. , , came systemic. , cause of the shelling. , , , Battles for the control , ale_vony_yshly_vpered_202068.html>, As a result of the battles of 17 June — 1 July LAF , On 7 August the Ukrainian border guards were managed to return to Ukraine the control over read/54734/Tragedija_v_Zelenopilli_chomu_koman- , duvanna_ATO_ne>, breaking through from the encirclement of IAF and , ATO_Izvarino_Stepanovka_Saur-Mogila>, , 07-11/v-zelenopole-ukrainskie-soldatyi-lojkami-i-mis vorog-zavchasno-zna-pro-vs-peremschennja-vjskovih- kami-ryili-sebe-ukryitiya/6108>, byly_ataku_terorystiv_poblyzu_chervonopartyzan- vdeo.html>, , versheniyu-boev-dovzhanskiy-1533644335.html>, , zelenop-llyam---dmitro-kalinchuk-vovnyanko/65162>, , scho-vizhili-odeski-prikordonniki-rozpovili-pro-dov , , zhanska-kotli.htm>, , , ga_richnytsya_tragediyi_pid_zelenopillyam_u_mis- , , rosiyiskogo>, ie-zhertvy-zmi-56825.html>, pcyam-dovelosya-voyuvati-zi-svoyimi-ridnimi-po-rizni- , , , , put-k-ilovajskomu-kapkanu.html>, kotel-fotoreportazh-iz-nastoyashhego-pekla/>, ni-pid-zelenopillyam/570687?mobile=false>. , grom_banderovskogo_batalona_2428572>, prykordonnyky-rik-tomu-ne-vyishly-z-dovzhanskoho-kotla>, 3591/>, . %C2%ABizvarine%C2%BB/>. ogo-kotla-z-lysyanschyny.html>. shahtarsk_nevykorystanyyi_shans_u_viyini_2014go>,

106 ANNEX ANNEX 107 cover the deployment of the 95th brigade to breach northern general direction, the second — on the ve had to unblock the divisions of 24 SMBr, 72 SMBr, up cut off from the force divisions, it was impossible the corridor for the retreat of the units that were next day to a direction unexpected for the enemy — 79 SAMBR and the border guards that were shelled for the LAF to break through to sector “D” under the pressed in the area of Dmytrivka — Stepanivka — towards Blahodatne. from the direction of RF for weeks, and were cut off fire. In such situation the battalions decided to go Marynivka. For that purpose it was planned to hold by the forces of IAF, the fortifications in the area of north — under Lutuhine. the vicinity of the town of Shakhtarsk and cut the Savur-Mohyla and the populated areas nearby. The last forces of the 30th brigade were moving route “Torez — Snizhne”. On 26 July 2014 the line of On 1–5 August 2014 there was a successful opera- from Stepanivka in the morning of 14 August, firing the brigade consisting of 16 APC-2, an anti-aircraft tion for taking the village. the size of the strike force on the move for 20 kilometers in return of the fire of artillery platoon (3 trucks with AS-23), artillery bat- that participated in the operation to liberate Stepaniv- RPG of RF. tery (3 AAS “Nona” and 2 1В119 “Reostat”) supported ka on 1–5 August was 1611 people. On 1 August 2014 th by 2 tanks from 17 tank brigade moved to the area the village was liberated from IAF. The freed units of Tragedy of IL-74348 of the raid. On 27 July the paratroopers moved to the 24 SMBR, 72 SMBR, 79 SAMBR moved to the point of The military transport plane IL-76MD (registra- area of Shakhtarsk, arriving to the south-eastern vi- constant dislocation outside of the conflict area. tion no. 76 777, serial no. 0083 482 490, the first cinity. The appearance of the paratroopers did not On 10-11 August 2014 Stepanivka sustained mas- sive destructions under a massive shelling from go unnoticed, and the “Mini­ster of Defence of DPR” 348 Burnt-down building og the town council the territory of RF by the batteries of RSVF “Grad”. , in Shakhtarsk hold Shakhtarsk: at least 600 people, tanks, APCs, In the night between 12 and 13 September there was , “Grad”s, a battery of the D-30 howitzers. However, after the raid of the 95th brigade and , As a result of artillery strikes and the tank attack the , breakthrough was carried out on 28 July with the Early in the morning on 31 July 2014 the para- , , through. However, they were outnumbered by the , boji-trivayut-karta.html>, the reinforcements came from Kharcyzk, Ilovaysk, , shahtersk_tri_goda_nazad_glazami_desantnika_25_ the south for the mechanized brigades were cut. brigady>, breakthrough transformed into a beating. , , , most tragic. It was going in the rear cover and was , , stala-bytva-za-shahtarsk>, , crossroads in the suburbs of the town, the company , 08/140731_shakhtarsk_fighting_beale_ag, met a single tank of the armed groups, which star­ moyu-istoriyu-vijni%E2%80%A6/>, , , , bojiv-za-shahtarsk-foto-video.html>, , davlenie-237231.html>, okolitsi_mista_1960617.html>, , 6372/>, obstr%D1%96l-artiler%D1%96%D1%94ju-ta-vulichn% Shakhtarsk stopped. , 7156372/>, granatami.-b%D1%96jc%D1%96-25-%D1%97-pro-/>, , ganskom-try-roky-potomu-174820>, ske-terroristy-iz-grada-obstrelyali-boycov-ato-21-po- The battles for Stepanivka347 , bataljon-donbas-uniknuv-pastki-v-ilovajsku/716755>, gansku-yak-mozhlivo-bulo-poperediti-zbittya-il-76-z- , Ukrainian command developed a plan to unblock , , , shahtarsk-26227>, , tarsk_76814.html>, 347 , , , , , . poranenih-pobratimiv.html>, . 76-v-luganske-kogo-segodnya-nachnut-sudit-foto/>,

108 ANNEX ANNEX 109 flight in 1988) was transporting the personnel The march of shame349 camp of the 27th rocket artillery regime was shelled bushed near the village of Tsvitni Pisky on the same for rotation, the vehicles and food. Two rockets at by RSVF “Smerch” from the territory of the Russian road. The line was shot at from both sides by the The IAF of the s.-c. “DPR” cancelled the celebra- once, launched on 14 June 2016 from portable anti- Federation. 15 soldiers were killed as a result of the small arms, grenade launchers, machine guns and tion of the Independence Day of Ukraine and ar- aircraft missile systems (PAAMS) hit the Ukrainian shelling, one soldier died in hospital of the burns, ranged their “parade” in Donetsk on 24 August a tank, the road was mined by guided anti-tank plane during the landing in Luhansk airport, when one more soldier disappeared. 2014. The members of IAF brought the captured mines. The paratroopers took the circular defense, Il-76 was around 700 meters high. In the position Ukrainian soldiers on the central streets and walked subsequently they passed the ambush while mov- of IAF near Luhansk airport, from which Il-76 could with them. The captured Ukrainian soldiers were ing in the vehicles. They hit the tank and APC, but have been hit, there were found three launch tubes walking with bowed heads. They were all brought to lost 23 people who were killed or disappeared. 9P39-1 of PAAMS 9К38 “Igla”. Two PAAMS “Igla” the center of the city, on Lenin’s Square, where they were used, one — technically malfunctioned (the were shamed by the crowd, uttering the insults and The parade of the captured “Cyborgs” 9М39 missile remained in the tube). 352 calling them “fascists”. on 21.02.2015 The armed groups arranged the “parade” of the Events on 03.09.2014350 prisoners of war in Donetsk. The enforcers who were captured in Donetsk airport, were brought to On 3 September 2014 near the village of Pobeda the area of the railroad station and then brought of Novoaydar district of Luhansk Oblast the base After the battles on 03.09.14 near Pobeda village on foot to the streets. Later the captured people were placed in a military “Kamaz” and brought to 349 , , Events on 05.09.2014351 the square of Bakynskikh Komisariv, from which , brought to Lenin district of Donetsk. 23 fighters of the territorial defense battalion “Ay- , post in the village of Vesela Gora near the road , “Luhansk-Schastya”. Only three battalion fighters According to the data of the Ministry of Defense, groups there were found empty food cans, made by , 6 Ukrainian soldiers died in the battle for the airport ZAT “Orelproduct”, in the town of Mtsensk (Russia). The wounded were executed on the spot. The am- , bush was coordinated by a Russian, Olexiy Mincha- 20 left the battles from the territory of the ruined rocket launched by the separatists missed the plane. , kov, neo-Nazi from St. Petersburg. , company of the 80th air mobile brigade were am- The human rights organizations — Amnesty , , so-called “parade of the prisoners of war” that the edge his guilt. He says he did not know about any in- , anyn-oleksandr-bujvalo-zagynuv-pid-raketnym-obstri- in Luhansk airport, and that there was a danger of . calling it a crime and a violation of international hu- 351 , kazal-o-zasade-pod-schastem-odinochnyie-vyistrelyi- Nazarov to 7 years of imprisonment for official neg- , 352 ligence, but did not deprive him of the rank of Major eviki-pytayut-lyudey-izbienie-pletmi-i-raby-v-okopah— . abrya_2014_goda_krovavaya_data_24go_otdelnogo_ 7ZtspFD3h52bfr3zl0UkdpMVM1gteV>, General. 350 , , , luganske-il-76-byl-iz-melitopolja-polnyj-spisok-zhertv- tifikuvali-ostannogo-iz-sumskih-artileristiv-ubitih-ob- strilu_biytsiv_ato_n1430515>, , strilom-z-rf.html>, , 59e95ae177/>. nyh_FOTO>. il-76-v-ukraine-pominayut-ekipazh-i-40-desantnikov- , age-0>, , , . ,

110 ANNEX ANNEX 111 The Table of contents

The list of abbreviations...... 3

1. Summary...... 4

2. Introduction...... 5

3. Methodology...... 7

4. Facts...... 11

5. Alleged crimes...... 25

6. PREREQUISITES FOR MOVING BEYOND A PRELIMINARY EXAMINATION AND INITIATING AN INVESTIGATION...... 93

7. Conclusions...... 100

Annex. A brief description of events of the armed conflict in the East of Ukraine, where LAF sustained significant losses...... 101

Насильницькі злочини, скоєні в ході збройного конфлікту на сході України у 2014–2018 рр.

(англійською мовою)

Автори доповіді: Марта Вовк, Володимир Глущенко, Юрій Гуков, Анастасія Єгорова, Євгеній Захаров, Борис Книров, Ганна Овдієнко, Наталія Охотнікова, Олена Річко, Яніна Смелянська, Ігор Сосонський, Геннадій Токарев, Павло Шваб, Геннадій Щербак Відповідальний за випуск: Є. Ю. Захаров Редактор Є. Ю. Захаров Верстка: О. А. Мірошниченко Підписано до друку 18.09.2018 1 Формат 60 × 84 /8. Папір крейдовий. Гарнітура MetaPro Умов. друк. арк. 13,02. Облік.-вид. арк. 12,51 Наклад — 200 прим. Зам. № ХС-02/18 ГО «Харківська правозахисна група» 61002, Харків, а/с 10430 http://khpg.org http://library.khpg.org ТОВ «Видавництво права людини» 61002, Харків, вул. Дарвіна, 7, кв. 35 Свідоцтво Державного комітету телебачення і радіомовлення України серія ДК № 4783 від 23.10.2014 р. ел. пошта: [email protected] Друк: ФОП Холтобін С. М. 61004, м. Харків, вул. Примакова буд. 18