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Committed During the Armed Conflict in Eastern Ukraine Between 2014–2018

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Committed During the Armed Conflict in Eastern Ukraine Between 2014–2018 VIOLENT CRIMES Committed During the Armed Conflict in Eastern Ukraine 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 — Amnesty International; 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 Donetsk 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 “Luhansk 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 “Kharkiv 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 — Verkhovna Rada 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 imprisonment. 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 — prisoners, 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 detention, 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
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