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Crimean Field Mission on Human Rights Brief Review of the Situation in Crimea

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Crimean Field Mission on Human Rights Brief Review of the Situation in Crimea Crimean Field Mission on Human Rights Brief Review of the Situation in Crimea (January 2015) Analytical Review TABLE OF CONTENTS TABLE OF CONTENTS ....................................................................................................................................................... 1 І. Introduction ................................................................................................................................................................... 2 II. Problems of the residents of Crimea ......................................................................................................................... 3 2.1. Civil and political rights ............................................................................................................................................ 3 Right to Life ................................................................................................................................................................... 3 Right to Freedom and Personal Immunity ................................................................................................................ 3 Disappearance .......................................................................................................................................................... 3 Arrests ........................................................................................................................................................................ 4 Freedom of Speech and Expression .......................................................................................................................... 6 Freedom of Peaceful Assembly .................................................................................................................................. 7 Freedom of Association ............................................................................................................................................... 8 Freedom of Conscience and Religion ........................................................................................................................ 8 Freedom of Movement................................................................................................................................................. 9 Right to a Fair Trial and Efficient Means of Legal Protection ............................................................................... 10 Kolchenko's lawsuit on the recognition of the right to citizenship of Ukraine ............................................... 11 Other citizens of Ukraine detained in Lefortovo ................................................................................................ 11 Court proceedings ...................................................................................................................................................... 12 Issues Related to Citizenship .................................................................................................................................... 13 2.2. Social and Economic Rights ................................................................................................................................... 14 Property Rights ........................................................................................................................................................... 14 Access to healthcare .................................................................................................................................................. 15 III. Problems of the Residents of Crimea who Had to Excape from the Peninsula and Move to Continental Ukraine (Internally Displaced Persons) ........................................................................................................................ 15 General situation ........................................................................................................................................................ 15 1 І. INTRODUCTION The present Monitoring Review has been prepared by the Crimean Field Mission on Human Rights and is based on the materials collected by the Mission during its work in Crimea, as well as in Russia and Ukraine in January 2014. The Crimean Field Mission (“the CFM”) commenced its work on 5 March 2014. The aims of the Mission are as follows: provision of information about the developments in Crimea; mitigation of threats of all parties to the conflict; maintenance of proper legal guaranties in the region, strengthening and promotion of human rights standards and effective protection mechanisms through the monitoring of the situation and verification of incoming messages about different clashes; provision of comprehensive assistance to the initiatives aimed at the protection of human rights of all participants of the conflict. Emphasizing that human rights remain to be a direct and legitimate concern of the international civil society while implementing the abovementioned aims, the Mission shall: perform monitoring of the general situation concerning compliance with the provisions of international humanitarian law and fundamental human rights in Crimea, issues of protection of human rights defenders, journalists, lawyers, as well as public figures and ensuring their professional activities; pay special attention to the monitoring of inter-ethnic and inter-religious relations; conduct monitoring of the activities of law enforcement agencies and state authorities; call on all parties of the confrontation to abide by the rules of international humanitarian law and obligations in the field of the protection of human rights, as well as call on international organizations and their members and participants to control the observance of such obligations. The Mission unconditionally refuses to resort to violence or discrimination in its activities and is guided by the principles of political neutrality and adherence to law. The conclusions of the paper have been made on the basis of the first-hand information (observation of the situation and developments in Crimea, interviewing the representatives of key target groups), mass media monitoring, analysis of the developments and legal basis, as well as on the basis of official statistic data. The review is prepared monthly and includes the chapters on the situation with civil and political, socio-economic rights in Crimea, as well as deals with the issues of the status of vulnerable groups and manifestations of xenophobia on the peninsula. In addition, the Review features the issues of the residents of Crimea who had to escape from the peninsula and move to Ukraine‟s mainland (internally displaced persons). The CFM is grateful to everyone who assisted with the preparation of the present Review. The monitoring review was prepared with support from the Federal Department of Foreign Affairs of Switzerland and the “Democratization and Human Rights in Ukraine” project implemented by the United Nations Development Programme in Ukraine and financed by the Ministry of Foreign Affairs of Denmark. The opinions, positions, and assessment contained in this Review do not necessarily represent the position of the United Nations Development Programme, other UN agencies, the Ministry of Foreign Affairs of Denmark and the Federal Department of Foreign Affairs of Switzerland. 2 II. PROBLEMS OF THE RESIDENTS OF CRIMEA 2.1. CIVIL AND POLITICAL RIGHTS RIGHT TO LIFE The Crimean Field Mission on Human Rights has got new information on the investigation into the abduction and murder of Reshat Ametov, Mark Ivanyuk and Stanislav Karachevsky in Crimea. Reshat Ametov was arrested by unidentified men in camouflage uniforms on March 3, 2014 at the central square of Simferopol in front of the Council of Ministers of Crimea. On March 15, his body, with multiple markings of foul play, was found in Zemlyanichnoe village of Belogorsky area. The cause of death was the two stab wounds in the frontal area and brow ridge. As it became known to the CFM, the investigation into the murder of Reshat Ametov was suspended under par. 1 of Part 1 of Article 208 of the Criminal Code of the Russian Federation. The Main Investigative Department of the Investigative Committee of the Russian Federation in Crimea reported that the lawyer‟s request for approval as a representative of the victim (victim‟s brother) in this regard could not be considered on its merits. Mark Ivanyuk was killed on April 20, 2014 near the Olenevka village, where he lived. With regard to the killing, the local law enforcement authorities opened a criminal case on the grounds of an offense under Part 3 of Article 264 of the Criminal Code of the Russian Federation, namely, the violation of traffic rules and operation of vehicles that entailed death. At the same time, in December 2014, it was discovered that the investigation into this case was suspended back in August 2014, which has not been reported to the relatives in a timely manner. It should also be noted that in the media it was reported that the in death of a young man the local police may be involved. Currently, the family of the deceased has a lawyer representing their interests. Stanislav Karachevsky, the Major of the Ukrainian Navy, was killed on April 6, 2014 by the military of the Russian Federation. The murder took place in Crimea in the urban settlement Novofedorovka, in a dormitory where the Ukrainian military personnel of Saki base resided before leaving for the mainland Ukraine. The case on this murder was heard in
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