During the Years of Soviet Union, the Crimean Tatars Suffered From

Home , Ahtem Chiygoz, Crimean Federal District

EIGHTH SESSION OF THE FORUM ON MINORITY ISSUES "MINORITIES IN THE CRIMINAL JUSTICE SYSTEM”

ALTERNATIVE REPORT ON THE CRIMEAN TATARS IN THE CRIMINAL JUSTICE SYSTEM OF THE RUSSIAN FEDERATION IN THE CRIMEAN PENINSULA BETWEEN JANUARY 2014 AND SEPTEMBER 2015

November 2015

THE CENTRE FOR CIVIL LIBERTIES Office 25, 9G Basseyna Street, Kyiv 01004, Ukraine www.ccl.org.ua ▪ [email protected] CONTENTS SUMMARY ...... 3 I. INTRODUCTION ...... 3 II. BACKGROUND ...... 4 III. CRIMEAN TATARS AND THE CRIMINAL JUSTICE PROCESS ...... 6

A. MINORITY VICTIMS AND WITNESSES ...... 6

B. REPRESENTATION DURING INVESTIGATION AND PRE-TRIAL DETENTION ...... 7

C. RIGHTS IN RELATION TO JUDICIAL PROCEDURES AND HEARINGS ...... 10 IV. CONCLUSIONS ...... 11 V. RECOMMENDATIONS ...... 11

2 SUMMARY A. This alternative reports have been prepared to address the issues of racial discrimination against the Crimean Tatars People (the “Crimean Tatars”) in the criminal justice system in the period between January 2014 and September 2015. B. We note that the Special Rapporteur on minority issue, Rita Izsák, when visited Ukraine in April 2014, did not receive the required assurances to enable her to travel to the occupied Autonomous Republic of Crimean1. Consequently, the situation with the observance of the human rights of the Crimean Tatars was reported on the basis of the testimonies of the witnesses who had left Crimea due to the security and other concerns. In order to facilitate the monitoring of the human rights in Crimea we will outline in this report the facts related to the application of the Russia’s municipal criminal law to the members of the Crimean Tatars ethnic minority. C. We believe that the Forum on minority issues provides an excellent opportunity to articulate the main concerns and to address them before the international community.

I. INTRODUCTION 1. During the years of Soviet Union the Crimean Tatars suffered from various crimes against international law such as genocide, ethnic cleansing, mass deportation and racial discrimination2. The number of people died from these evils amounted to tens of thousands3. From the late 80s Crimean Tatars have started to return in numbers to their ethnic lands in Crimea where they have settled with their families. 2. After the independence of Ukraine and on the basis of its municipal law the ethnic minorities were granted the nationality of Ukraine4. A 2001 census showed that Crimean Tatars constituted 12.03 per cent (243`433 people) of Crimea’s population5. The majority of them were nationals of Ukraine6. 3. From the early days of public rallies of 2013 which later in February 2014 culminated in the ousting of the pro-Russia authorities from Ukraine (events named the “Revolution of Dignity”)

1 See Para 44 UN Human Rights Council, Report of the Special Rapporteur on minority issues, Addendum: Mission to Ukraine, 27 January 2015, A/HRC/28/64/Add.1, available at: http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/28/64/Add.1 (accessed 15 November 2015). 2 J. Otto Pohl, “The Deportation and Fate of the Crimean Tatars” presented at the 5th Annual World Convention of the Association for the Study of Nationalities: "Identity and the State: Nationalism and Sovereignty in a Changing World", International Committee for Crimea, available at http://www.iccrimea.org/scholarly/jopohl.html (accessed on 14 April 2015). 3 Ibid. 4 Law of Ukraine on Nationality of 8 October 1991 No 1636-XII, article 2(1) (where a person of other nationality was allowed to reject a Ukrainian one), (Bulletin of Verkhovna Rada (BVR), 1991, No 50, p. 701) 5 A comparison between 1989 and 2001 censuses can be found in Ukrainian at http://2001.ukrcensus.gov.ua/results/general/nationality (accessed on 14 April 2015). 6 UNPO noted that 98 per cent of Crimean Tatars had obtained the Ukraine’s citizenship in this regard see “Crimean Tatars”, Unrepresented Nations and Peoples Organization, 25 March 2008, available at http://unpo.org/members/7871 (accessed on 18 April 2015).

3 many Crimean Tatars as well as their political leaders actively supported the political demands of the activists. Russia responded to these events by illegal annexation of the Crimean peninsula. 4. Following the annexation the international community on numerous occasions7 has called Russia to restore the territorial integrity of Ukraine and to refrain from the acts of aggression. Russia has done nothing to restore the international peace. The international community further declared that a so-called “referendum”, held in Crimea on 16 March 2014 under duress of the Russia’s military personal and in breach of the Ukraine’s municipal law, was void ad initio8. 5. It is universally recognized principle that neither conquest nor other act of aggression creates a title to a territory seized, such aggressive acts lead only to the illegal (de-facto) possession9. The international law provides that an occupying power shall respect the laws in force in an occupied territory10. Both Ukraine and Russia are parties to the various human rights instruments such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of all Forms of Racial Discrimination (“CERD”). Neither has lodged any reservations with regard to their limited application to the present circumstances. 6. The jurisprudence of the International Court of Justice 11 suggests that an occupying power is under international obligations to ensure the respect of international human rights law in an occupied territory. The Committee on the Elimination of Racial Discrimination has drawn attention of the Member States to the conception of CERD`s universal application including in the circumstances of occupation12. 7. In this report, we will outline the cases, in our opinion, suggesting that Russia is indeed engaged in Crimea in practices of arbitrary and selective application of its municipal criminal law to the Crimean Tatars and then present our recommendations in this regard.

II. BACKGROUND 8. Crimean Tatars are a people within the meaning of international law. They have common language, culture, religion and established political community in a form of a national congress – The

7 For instance, “PACE Strongly Supports Ukraine’s Territorial Integrity and National Sovereignty”, Standing Committee, 7 March 2014, available at http://www.assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=4908&lang=2&cat=17 (accessed on 14 April 2015). 8 UN General Assembly, Territorial Integrity of Ukraine: resolution / adopted by the General Assembly, 1 April 2014, A/RES/68/262, available at http://www.refworld.org/docid/534502a14.html (accessed on 13 April 2015). 9 Jennings, R. Y., “The Acquisition of Territory in International Law”, Manchester, Manchester University Press, 1963, pp. 52-65; Malcolm N. Shaw “International Law”, Cambridge University Press, pp. 500-502; 10 Article 43 of the Regulations Respecting the Laws and Customs of War on Land annexed to Hague Convention (II) of 1899 and Hague Convention (IV) of 1907 printed in Yoram Dinstein “Legislation Under Article 43 of the Hague Regulations: Belligerent Occupation and Peacebuilding”, Program on Humanitarian Policy and Conflict Research, Harvard University, Occasional Paper Series, Fall 2004, Number 1, available at http://www.hpcrresearch.org/sites/default/files/publications/OccasionalPaper1 (accessed on 14 April 2015). 11 Legal Consequences of the Construction of a Wa11 in the Occupied Palestinian Territory, Advisory Opinion, I. C. J. Reports 2004, p. 197. 12 Micheal Banton, “International Action against Racial Discrimination”, Oxford University Press, 1996, pp. 110-114.

4 Qurultay of the Crimean Tatar People (the “Qurultay”) and a highest executive body - The Mejlis of the Crimean Tatar People (the “Mejlis”). 9. In the period in question Russia operated in Crimea through its state and de-facto (separatist) authorities. Russia also directly or via the separatist authorities employed various paramilitary units to conduct its will, one of the most notorious of which is a paramilitary organization “Crimean Self-Defence” (this name is rather a generalization of several paramilitary formations active in Crimea). Since this paramilitary organization has actively participated in various acts of valance it seems relevant to outline its history in more detail. 10. It emerged in February 2014 when its members together with the Russia’s military personnel stormed and occupied the Ukrainian military bases, intimidated and assaulted the pro-Ukraine activists. In June 2014, the separatist authorities of Crimea passed a local by-law13 granting Crimean Self-Defence the status of a citizen patrol (militia) directly subordinated to Sergey Aksenov, a so-called Head of Crimea. It was later amended to formally remove this link14, yet Crimean Self-Defence has remained in the de-facto subordination to the separatist authorities of Crimea. On various occasions, the separatist authorities publicly endorsed Crimean Self-Defence15. 11. After the conclusion of a treaty of cession (declared void ab initio by the international community (See para 4 above)) between the separatist leaders and the President of Russian Federation16, its ratification by the bodies of Russia’s national legislature17, on 21 March 2014, the so-called Crimean Federal District was established on the basis of a decree of the President of Russia No 16818. It should be noted that in 2014 and until re-elected Russia expressly allowed the Crimean separatist) authorities to exercise its de-facto jurisdiction in Crimea19. 12. As early as 22 February 2014 Russia launched a military offensive in Crimea20. It is reported21 that not later than on 3 March 2014 the Russia’s military personnel effectively blocked Ukraine’s

13 Available in Russian at http://jankoy.org.ua/wp-content/uploads/2014/05/Zakon-O-narodnom-opolchenii-Kryma.pdf (accessed on 11 April 2015). 14 Amendments of 26 November 2014 making Crimean Self-Defense a voluntary self-governed organization. 15 For instance “In Annexed Crimea Ex-riot Police Officers and Fighters of Self-Defense Received Government Awards of the RF”, UNIAN, 20 November 2014, available in Ukrainian at http://www.unian.ua/society/1011881-v-aneksovanomu-krimu-eks- berkutivtsyam-i-biytsyam-samooboroni-vruchili-derjnagorodi-rf.html (accessed on 18 April 2015). 16 Treaty between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation of 18 March 2014, available in Russian at http://kremlin.ru/events/president/news/20605 (accessed on 11 April 2015). 17 Federal Constitutional Law of the Russian Federation “On the Accession to Russian Federation of the Republic of Crimean and on the Establishment within the Structure of the Russian Federation of New Persons – the Republic of Crimea and a City of Federal Significance Sevastopol” of 21 March 2014 No 6-ФКЗ adopted by the State Duma on 20 March 2014 and by the Federal Council on 21 March 2014, signed into a law by the President of Russian Federation on 21 March 2014 (as amended from time to time). 18 Degree of the President of Russian Federation No 168 of 21 March 2014 “On the Establishment of Crimean Federal District”, available in Russian at http://static.kremlin.ru/media/events/files/41d4cb1349c4325d7681.pdf (accessed on 11 April 2015). 19 Ibid. 20 “Putin reveals secrets of Russia's Crimea takeover plot”, BBC, 9 March 2015, available at http://www.bbc.com/news/world-europe- 31796226 (accessed on 11 April 2015). 21 “The Chronicles of Crimean Conflict”, Viche, No 7, April 2014, available in Ukrainian at http://www.viche.info/journal/4145/ (accessed on 18 April 2015).

5 militaries in Crimea. Thus, starting from 22 February and not later than 3 March 2014 Russia through its armed forces exercised de-facto control over the territory of Crimea. In view of this, all acts of Russia’s agents and bodies beginning at that time are covered by its international responsibility. 13. Next, we will address the issues of minority victims and witnesses, representation in investigation and pre-trial detention and their rights in relation to judicial procedures and hearings.

III. CRIMEAN TATARS AND THE CRIMINAL JUSTICE PROCESS

A. MINORITY VICTIMS AND WITNESSES 14. On 17 March 2014, a body of Reshat Ametov, a Crimean Tatar, last seen on 3 March 2014 before a public rally in Simferopol22, was identified by his family. Human Rights Watch reported other cases of disappearance and abduction: Timur Shaimardanov (26 May 2014), , Seiran Zinedinov (30 May 2014) and Islyam Dzhepparov and Dzhevdet Islyamov (27 September 2014); Edem Asanov (27 September 2014, found dead on 7 October 2014) and Eskender Apselyamov (6 October 2014)23. The Office of the United Nations High Commissioner for Human Rights added to those Belial Belialov disappeared on 13 October 2014 and found dead later 24. Reportedly25, the abductions were made by Crimean Self-Defence. Russia has done nothing to bring those responsible to justice. The investigations in these crimes remain ineffective. 15. On 6 May 2014, Crimean Self-Defence in the centre of Simferopol severally beat Abduraman Ehyz some other unidentified people were also attacked26. Moreover, on 18 May 2014, it abducted and robbed Osman Pashayev, a Crimean Tatar journalist. After several hours of illegal detention, he was released and left Crimea27. The perpetrators of these crimes have not been found. 16. On 17 January 2015, an unidentified group of about 40 people stormed the Second All-Crimean Conference of the Committee for the Protection of Human Rights of the Crimean Tatar People28. The law enforcement agencies did not investigate duly this act of violence.

22 “Crimea: Disappeared Man Found Killed”, Human Rights Watch, 18 March 2014, available at http://www.hrw.org/news/2014/03/18/crimea-disappeared-man-found-killed (accessed on 11 April 2015). 23 “Crimea: Enforced Disappearances”, Human Rights Watch, 7 October 2014, available at http://www.hrw.org/news/2014/10/07/crimea-enforced-disappearances (accessed on 11 April 2015). 24 “Report on the human rights situation in Ukraine”, Office of the United Nations High Commissioner for Human Rights, 15 December 2014, p. 16, available at http://www.ohchr.org/Documents/Countries/UA/OHCHR_eighth_report_on_Ukraine.pdf (accessed on 11 April 2015). 25 See notes 23 and 24 above. 26 “In Simferopol So-called Self-Defence Beat a Member of Mejlis”, The Ukrainian Week, 6 May 2014, available in Ukrainian at http://tyzhden.ua/News/109197 (accessed on 11 April 2015). 27 Andrii Klymenko, “Human Rights Abuses in Russian-Occupied Crimea”, The Atlantic Council of the United States and Freedom House, March 2015, p.15, note 22. 28 “Crimean Tatars Called the UN Secretary General to Save the Indigenous People from Elimination”, Crimea. Reality, 17 January 2015, available in Ukrainian at http://ua.krymr.com/archive/news-uk/latest/16928/16928.html?id=26799009 (accessed on 13 April 2015).

6 B. REPRESENTATION DURING INVESTIGATION AND PRE-TRIAL DETENTION 17. On 26 February 2014, a peaceful pro-Ukraine rally of about 12 thousand Crimean Tatars was held next to the building of the Parliament of Crimea while pro-Russia activists gathered closed by. Due to the unprofessional actions of the law enforcement officers a conflict between these two groups resulted in 30 injured persons and two killed. Notwithstanding that these events preceded the annexation of Crimea, regardless of the fact that the victims were not the nationals of the Russian Federation and thus Russia had neither territorial nor personal jurisdiction over these crimes the tragedy has been employed by its law enforcement agencies to prosecute the Crimean Tatars and their leadership. These events are referred to at the case of 26 February. 18. The other mechanism of punishment was created in May 2014 when the amendments to the penal code of Russian Federation entered into force envisaging the criminal liability for all those who would question the territorial integrity of Russia implying Crimea as its integral part29. Starting from that date onwards Russia has been prosecuted individuals opposing its official standing with regard to the legality of the annexation of Crimea on the basis on these newly enacted laws. 19. After 3 May 2014, a day of peaceful gathering of Crimean Tatars in Armyansk, a border city in Crimea, in support of Mustafa Dzhemilev, a Crimean Tatars leader who had been denied entry to the Crimean peninsula, a great number of those participated in this event were summoned and questioned by the law enforcement agencies. Dozens of participants were fined to the amounts between 10 and 40 thousand Russian rubles (290 – 1500 USD)30 while the dwellings of others searched. Five people were arrested, namely Musa Apkerimov (16 October 2014), Rustam Abdurakhmanov 17 October 2014), Tahir Smedlyaev (22 October 2014), Edem Ebulisov (25 November 2014) and Edem Omanov (20 January 2015). By and large these events can be named the case of 3 May. 20. From May 2014 onwards the Russia’s law enforcement agencies have denied entry to the Crimean peninsula to the leaders of the Crimean Tatars among them Mustafa Dzhemilev (3 May 2014), Refat Chubarov, a Chairman of Mejlis (5 July 2014)31, Ismet Yuksel, a General Coordinator of the “Crimean News” (9 August 2014)32. There have been occasions when the Crimean Tatars have been denied leaving Crimea, like Ali Ozenbash, a Member of the Audit Commission of Mejlis33. 21. Starting from June 2014 the religious schools and mosques in various parts of Crimea have been searched by the Russia’s law enforcement agencies, the officials of these institutions questioned while the documents and other belongings partially seized, for instance, Islamic religious school in

29 See Freedom House Report, p. 8, note 27 above. 30 “Rights in Retreat Abuses in Crimea”, Human Rights Watch, 2014, p. 10, available at http://www.hrw.org/sites/default/files/reports/crimea1114_ForUpload.pdf (accessed on 13 April 2015). 31 “Russia Closed Entry for Chubarov to Crimea for 5 Years”, Ukrainian Pravda, 5 July 2014, available in Ukrainian at http://www.pravda.com.ua/news/2014/07/5/7031067/ (accessed on 13 April 2015). 32 “Ismet Yuksel to Apply to the Government of Turkey with regard to Entry Ban to Crimea”, Crimea. Reality, 10 August 2014, available in Ukrainian at http://ua.krymr.com/content/article/26523350.html (accessed on 13 April 2015). 33 “Crimean Activist was Taken from a Train from Crimea”, BBC Ukraine, 10 September 2014, available in Ukrainian at http://www.bbc.co.uk/ukrainian/entertainment/2014/09/140910_crimea_activist_out_from_train_vs (accessed on 13 April 2015).

7 Kolchugino (24 June 2014)34, a mosque in Simferopol (17 September 2014)35, a Crimean Tatars school in Zuya village (17 September 2014)36 and a mosque in Yalta (2 September 2014)37. During the same period, several unidentified groups attempted to burn down the mosques in Simferopol38 and Sonyachna Dolyna village39. The investigations of these crimes were ineffective. 22. In May 2014 the self-proclaimed law enforcement authorities of the occupied Crimea started a criminal trial against Khayser Dzhemilev (son of Mustafa Dzhemilev, deputy of Ukraine, a Crimean Tatar leader). Khayser was detained on May 27, 2013 in the courtyard of his house in Bakhchysaray where he had accidently killed a 44-year-old builder Fevzi Edemov. Ukrainian police opened a criminal proceedings under Part 1 st.115 of Criminal Code of Ukraine (murder). Kyiv District Court of Simferopol chose a preventive measure for Khayser Dzhemilev in the form of detention. Kyiv Court of Appeal described the actions as murder by negligence and decided to release him from custody. At the same time after occupation the self-proclaimed investigative bodies opened "new" criminal proceeding on the same fact, and Khayser was convoyed from Crimea to Krasnodarskiy Kray (Russian Federation) where he was illegally sentenced to 3.5 years of imprisonment. In July 2014 the European Court of Human Rights also issued a ruling on the release of Khayser. However, Russia still refuses to implement it. "They purposely keep him there as a hostage breaking all the laws. They think that in such a way they could influence me, and I will change my attitude to Russia's actions. This is a vain hope, of course. But they are still trying to torment him [ Khayser]" - said Mustafa Dzhemilev.40 23. On 2 June 2014, a prosecutor’s office in Simferopol issued a warning to Shevket Kaybullaev, an editor “Avdet”, a Crimean Tatar newspaper, and later questioned him with regard to the articles where the Russia’s jurisdiction over Crimea had been challenged41. 24. On 16 September 2014, the police officers surrounded a building where the Mejlis of the Crimean Tatar People (an executive organ of the national congress), “Fund “Crimea” (a charity) and “Avdet” had their offices. They searched the premises and seized the documentation and computers42. Due to the enormous pressure on the part of the separatist authorities in 2015 “Fund

34 “In Crimea Armed People Seized Madrassas”, UNIAN, 24 June 2014, available in Ukrainian at http://www.unian.net/politics/932291-v-kryimu-voorujennyie-lyudi-zahvatili-medrese.html (accessed on 13 April 2015). 35 “The Searches in Crimea continue: in Schools and Mosques”, Crimea. Reality, 17 September 2014, available in Ukrainian at http://ua.krymr.com/content/article/26591756.html (accessed on 13 April 2015). 36 Ibid. 37 “Rights in Retreat Abuses in Crimea”, p. 17, note 30 above. 38 “There has been an Attempt to Burn down a Mosque in Simferopol”, BBC Ukraine, 13 June 2014, available in Ukrainian at http://www.bbc.co.uk/ukrainian/news_in_brief/2014/06/140613_hk_crimea_mosque (accessed on 13 April 2015). 39 “Chubarov: an Attempt to Burn a Mosque is another Crime of Occupying Regime”, Crimea. Reality, 13 November 2014, available in Ukrainian at http://ua.krymr.com/archive/news-uk/20140901/16928/16928.html?id=26689930 (accessed on 13 April 2015); 40 “Dzhemilev: My son is kept in Crimea as a hostage”, News liga, 18 June 2014, available in Ukrainian at http://news.liga.net/news/politics/2191920-dzhemilev_moego_syna_derzhat_v_krymu_v_kachestve_zalozhnika.htm (accessed on 18 November 2015) 41 See Freedom House Report, p. 15, note 27 above. 42 “A Search in Medjlis`s Building Lasted About 11 Hours. Personal belongings of Dzhemilev have been seized”, Ukrainian Pravda, 16 September 2014, available in Ukrainian at http://www.pravda.com.ua/news/2014/09/16/7038000/ (accessed on 13 April 2015).

8 “Crimea” left peninsula while “Avdet” together with others Crimean Tatars newspapers cut its circulation to less than 1000 copies. 25. On 24 October 2014, ATR TV Channel, a Crimean Tatar media, received a notice from the Centre for Combating Extremism of Russian Federation where it was accused of extremist activity43. This was followed by an assault of 26 January 2015 when numerous riot police officers together with the representatives of a prosecutor’s office searched its building, questioned employees, seized computers and documentation44. Such acts effectively disrupted ATR TV broadcasting. Partially as a result of these actions ATR TV stopped broadcasting in Crimea and starting from 17 June 2015 its signal has been transmitting from Kyiv yet it remains blocked in the peninsula. 26. All national events of the Crimean Tatars in 2014 were banned including the Annual Memorial Day of the Victims of the Deportation) (18 May)45, the Day of the Crimean Tatar Flag (26 June)46 and the Human Rights Day (10 December 2014)47. On these days, the central streets of the main Crimean cities were barricaded by the Russia’s military personnel and members of Crimean Self- Defence. 27. Russia’s law enforcement agencies on multiple occasions searched the dwellings of the Crimean Tatars leaders and activists and where possible questioning them with regard to the cases of 26 February and 3 May 2014: Mustafa Asab (14 April 2015)48, Mustafa Asab, a member of Mejlis`s branch in Bilohir region of Crimea (14 April 2015)49, Emir-Useyn Kuku, a head of the human rights group in Yalta Region (20 April 2015). 28. The formal methods of work have been combined with the informal ones, like conducting of the so-called “prophylactic talks” with the leaders of Crimean Tatars. For instance in early days of May 2015, the Mejlis`s members were summoned to attend a meeting at the prosecutor’s office in Simferopol where they were urged not to convoke any rallies related to the Annual Memorial Day of the Victims of the Deportation on 18 May.

43 Amnesty International Briefing (in Ukrainian), EUR 50/1129/2015, March 2015, pp. 9-10, available at http://amnesty.org.ua/wp- content/uploads/2015/03/Crimea_FoE-Briefing_AI_18032015_UKR.pdf (accessed on 13 April 2015). 44 “ATR`s Analogue Broadcasting has been Shot Down its Employees are Ready to Stay Overnight in TV Channel”, Crimea. Reality, 26 January 2015, available in Ukrainian at http://ru.krymr.com/content/article/26813787.html; “Raid on ATR television channel in Crimea unacceptable, a clear intrusion of media’s independence, says Mijatović”, OSCE, 26 January 2015, available at http://www.osce.org/fom/136221. 45 “Crimean Tatars are Ready to Participate in a rally Regardless of a Ban Imposed by the Occupying Authorities – Chubarov”, UNIAN, 16 May 2014, available in Ukrainian at http://www.unian.ua/politics/918847-krimski-tatari-gotovi-viyti-na-mitingi-popri- zaboronu-okupatsiynoji-vladi-chubarov.html (accessed on 13 April 2015). 46 “Tatars were Banned from Celebrating the Day of Their Flag”, BBC Ukraine, 17 June 2014, available in Ukrainian at http://www.bbc.co.uk/ukrainian/news_in_brief/2014/06/140617_rl_crimea_tatars_flag_day (accessed on 13 April 2015). 47 “Crimean Tatars to Hold a Strike Due to a Ban on a Human Rights Rally”, Crimea. Reality, 5 December 2014, available in Ukrainian at http://ua.krymr.com/content/article/26727403.html (accessed on 13 April 2015). 48 “Crimean Tatars are Portrayed as ‘Terrorists’”, Crimea. Reality, 15 April 2015, available in Ukrainian at http://ua.krymr.com/content/article/26956910.html (accessed on 15 April 2015). 49 Ibid.

9 C. RIGHTS IN RELATION TO JUDICIAL PROCEDURES AND HEARINGS 29. The law enforcement agencies carried out continuous interrogations of the Crimean Tatars with regard to the cases of 26 February and 3 May 2014, for instance, Nariman Dzhelyal, a first deputy to the Mejlis`s Chairperson (27 March and 15 April 2015), Ilmir Umerov, another Depute to the Mejlis`s Chairperson (31 March 2015), Amed Umerov, a former camera operator of ATR TV channel (11 April 2015), Resul and Remzi Velylyaevs, the Crimean Tatar businessmen and Mustafa Asab, a head of the Regional Mejlis of Belgorod Region (14 April 2015), Abduraman Egiza and Delyaver Akiev, the members of Mejlis (27 April 2015), Zair Smedlyaev, a head of the electorate commission of the Qurultay (28 April 2015), Aly Hamzyn and Enver Kurtiev, the members of Mejlis, Aly Ozenbash, a head of the Revision Commission of Qurultay (all on 30 April 2015), Risa Izetov(4 June 2015). They were denied their right to an advocate during interrogation. Neither of them was granted a certified translator. 30. Where the Crimean Tatars activists and political leaders had remained in Crimea many of them were arrested pending trials of cases of 26 February and 3 May: Tair Smerdyaev (arrested on 22 October 2014), Ahtem Chiygoz, a Deputy Chairman of Mejlis, Eskender Kantemirov and Edem Osmanov, the Crimean Tatar activists (both arrested in January 2015)50, Asan Chubarov, a Crimean Tatar activist (arrested on 6 March 2015), Talyan Yusanov, a Crimean Tatar activist (arrested on 11 March 2015), Aly Asanov, a Crimean Tatar activist (arrested on 15 April 2015), Escander Nebiev, a camera operator of ATR TV Channel (arrested on 20 April 2015), Mustafa Degermedzhy, a Crimean Tatar activist (arrested on 7 May 2015). Only on several occasions, including as a result of an appeal, an arrest has been changed to the release on bail (Edem Osmanov, Escander Nebiev). Those arrested reported that they have been subjected by the Russia’s authorities to torture and other forms of ill-treatment while incarcerated. 31. The other three arrests of Ruslan Zeytillaev, Nuri Primov and Rustem Vaitov related to the activities of Islamic Party of Liberation (Hizb ut-Tahrir al-Islami)51 recognized as a terrorist organization in Russia52 and participation in which is punishable by up to 10 years of imprisonment53. They remain in custody and pending trial. 32. When the criminal investigations had been formally completed the Crimean Tatars were fined or sentenced: Kurtseit Abdulaev (to 20 hours of community service for the participation in the public gatherings), Sanye Ametova and Yunus Nemetulaev (to the amounts of 10 000 rubles (170 USD) each for the organization of a public gathering on 18 May 2015, the Annual Memorial Day of the

50 “Chubarov: in Crimea another Participant of a 26 February Rally Arrested”, Crimea. Reality, 7 February 2015, available in Ukrainian at http://ru.krymr.com/content/article/26835157.html (accessed on 18 April 2015). 51 “In Crimea the Members of “Hizb ut-Tahrir” Party were Arrested”, Ukrainian National News, 25 February 2015, available in Ukrainian at http://www.unn.com.ua/uk/news/1442129-v-krimu-zatrimali-uchasnikiv-partiyi-khizb-ut-takhrir (accessed on 13 April 2015). 52 Court Decision of the Supreme Court of Russian Federation of 14 February 2003 in case No ГКПИ 03-116 available in Russian at http://nac.gov.ru/content/3934.html (accessed on 13 April 2015). 53 The Penal Code of Russian Federation, article 205.5 “Organization of a Terrorist Organization or Participation in a Terrorist organization Prohibited in the Russian Federation”.

10 Victims of the Deportation), Musa Abkerimov (to four years of imprisonment for the alleged violence against a law enforcement officer on 3 May 2014, execution of the verdict was postponed by three years), Edem Ebulisov (to 40 000 rubbles (800 USD) on the basis of the same charges). 33. The allegations against the Crimean Tatars have been in most cases based on the testimonies of the riot police officers and their photographs made during the aforementioned events. The pre-trial investigation and the court hearings have been conducted in Russian language. In the vast majority of cases, the trial hearings have been run in the inquistory manner when the defence has been left with no option of proving their case except by challenging the court orders and judgements, relying at the end of the day exclusively on the international human rights fora. 34. In conclusion, the numerous acts of harassment outlined above resulted in that 17 thousand people54, mainly Crimean Tatars55, left Crimea in 2014. In June 2015, OSCE indicated a number of IDP as 20 thousand people56. Among the reasons for leaving the peninsula, UNHCR named57 the pressure on Crimean Tatar community.

IV. CONCLUSIONS 35. On the aforementioned grounds, we find that: (i) disproportioned number of the Crimean Tatars have found themselves in contact with the Russia’s law enforcement agencies; (ii) there have been numerous cases of tortures, enforce disappearances, ill-treatment and several cases of violent deaths none of which have been properly and impartially investigated; (iii) the religious institutions and schools have been subjected to the numerous searches and assaults; (iv) the Crimean Tatars have been overly represented in pre-trial detention due to the politically-motivated prosecution; (v) some members of this minority have been subjected to various forms of duress in order to punish and obtain confession; (vi) in view of the charges brought and considering the practice applied by Russia to the similar politically motivated cases the likehood of a prison sentence for those under trial remains significantly high.

V. RECOMMENDATIONS Due to the gravity of the allegations brought and the numbers of victims suffered we kindly request to investigate thoroughly all instances of the discrimination against Crimean Tatars in the criminal justice system perpetrated by the Russian Federation in occupied Crimea.

54 “Profiling and Needs Assessment of Internationally Displaced Persons (IDPs)”, UNHCR Regional Representation for Belarus, Moldova and Ukraine, 17 October 2014, pp. 4-5, available at http://unhcr.org.ua/attachments/article/971/IDP.pdf (accessed on 14 April 2015). 55 “The humanitarian situation of Ukrainian refugees and displaced persons”, PACE, Committee on Migration, Refugees and Displaced Persons, Doc. 13651, 16 December 2014, p. 10, available at http://assembly.coe.int/nw/xml/XRef/X2H-Xref- ViewPDF.asp?FileID=21335&lang=en (accessed on 14 April 2015). 56 “Thematic Report Freedom of Movement across the Administrative Boundary Line with Crimea”, OSCE, 19 June 2015, available in English at http://www.osce.org/ukraine-smm/165691?download=true (accessed on 25 October 2015). 57 See UNHCR Report, pp. 4-5, note 53 above.