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Download=True (Retrieved: 11 September 2019) ON THE EDGE Observance of Human Rights and International Humanitarian Law in the Village of Shyrokyne (Donetsk Region) during the Armed Conflict in the Donbas: Monitoring Report УДК 341.48:355.422](477.62+477.7) E 34 E 34 Observance of Human Rights and International Humanitarian Law in the Village of Shyrokyne (Donetsk Region) during the Armed Conflict in the Donbas: Monitoring Report / Nesterenko, N., Smirnov, V., Trofimova, M., Shcherbachenko, V. // NGO Eastern-Ukrainian Center for Civic Initiatives. – Kyiv, 2020. – 124 p. ISBN 978-617-7890-17-0 The report outlines the violations of human rights and international humanitarian law in the village of Shyrokyne (Donetsk region) documented by the Eastern-Ukrainian Center for Civic Initiatives during the armed conflict in the Donbas. The documented violations take place against the background of military events in the village in 2014-2016. The study pays considerable attention to shelling of the village and its consequences, deaths and injuries among civilians, and the looting of residents’ property. The report examines the socio-economic and legal problems of Shyrokyne residents forced to leave the village. An important part of the report concerns participation of representatives of the Russian Federation in the military operations in the South of Donetsk region, as well as investigation of crimes committed in the village of Shyrokyne. УДК 341.48:355.422](477.62+477.7) This report was prepared by the Eastern- Ukrainian Center for Civic Initiatives within the framework of the initiative “Fighting Impunity for Grave Human Rights Violations and Other International Crimes Committed in the Armed Conflict” supported by the UNDP “Civil Society for Enhanced Democracy and Human Rights in Ukraine” Project funded by the Danish Ministry of Foreign Affairs and the Human Rights and Justice Program of the International Renaissance Foundation. The opinions, conclusions, and recommendations are those of the authors and do not necessarily reflect the views of the Ministry of Foreign Affairs of Denmark, the United Nations Development Programme, or other UN agencies. ISBN 978-617-7890-17-0 © NGO Eastern-Ukrainian Center for Civic Initiatives, 2020 CONTENTS LIST OF ABBREVIATIONS ............................................................................................................................4 SUMMARY ........................................................................................................................................................5 ACKNOWLEDGMENTS ..................................................................................................................................6 INTRODUCTION ...............................................................................................................................................7 RESEARCH METHODOLOGY ......................................................................................................................8 1. APPLICABLE LAW .................................................................................................................................14 1.1. International law ................................................................................................................................................... 14 1.2. National legislation ............................................................................................................................................... 18 2. OVERVIEW OF THE ARMED CONFRONTATION IN SHYROKYNE ..........................................20 2.1. Location, infrastructure, and population of the village ................................................................................. 20 2.2. Military actions in the village between 24 August 2014 and 9 February 2015 ..................................... 23 2.3. “Shyrokyne operation” and evacuation of the civilian population (10-15 February 2015) ................. 25 2.4. Hostilities in the village following 15 February 2015 and eviction of the last residents ...................... 30 2.5. Participation of the Russian Federation in the armed conflict in the Donbas (southern Donetsk region) ...33 3. COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW DURING MILITARY OPERATIONS IN SHYROKYNE .........................................................................................................41 3.1. Overall assessment of the military operation in Shyrokyne in terms of international humanitarian law ................................................................................................................................................... 41 3.2. Evacuation of the civilian population and access to the village for civilians ........................................... 44 3.3. Intentional killing and mutilation of civilians .................................................................................................... 47 3.4. Arbitrary arrest and detention. Torture and ill-treatment ............................................................................. 50 3.5. Deaths and injuries of civilians as a result of artillery attacks ..................................................................... 54 3.6. Attacks on protected medical vehicles ............................................................................................................ 57 3.7. Destruction of housing and social infrastructure ........................................................................................... 58 3.8. Property looting ..................................................................................................................................................... 63 3.9. Use of children for participation in military operations ................................................................................. 70 3.10. Mutilation of dead bodies ................................................................................................................................. 72 3.11. Use of land mines............................................................................................................................................... 73 3.12. Participation of foreigners in military operations in the village of Shyrokyne ........................................ 74 3.13. Official investigations of crimes committed in the village ......................................................................... 78 4. RESIDENTS OF SHYROKYNE AS INTERNALLY DISPLACED PERSONS: CURRENT LEGAL AND HUMANITARIAN PROBLEMS OF THE VILLAGE RESIDENTS .......88 4.1. Pensions and social payments .......................................................................................................................... 88 4.2. Medical assistance and psychological support ............................................................................................. 90 4.3. Problems of social adaptation ........................................................................................................................... 93 4.4. Public activity ......................................................................................................................................................... 96 5. SHYROKYNE IN THE INFORMATION WARFARE ........................................................................98 FINDINGS ......................................................................................................................................................108 RECOMMENDATIONS ...............................................................................................................................110 ANNEXES ......................................................................................................................................................111 Annex 1 ........................................................................................................................................................................111 Annex 2 .........................................................................................................................................................................111 Annex 3 .........................................................................................................................................................................112 Annex 4 .........................................................................................................................................................................114 Annex 5 .........................................................................................................................................................................114 Annex 6 .........................................................................................................................................................................115 Annex 7 .........................................................................................................................................................................117 LIST OF ABBREVIATIONS AFU Armed Forces of Ukraine ATO anti-terrorist operation CCU Criminal Code of Ukraine CMA civil-military administration CMU Cabinet of Ministers of Ukraine CSO civil society organization “DPR”/”LPR” the self-proclaimed “Donetsk People’s Republic”/”Luhansk People’s Republic” ECtHR European Court of Human Rights EUCCI/Center Eastern-Ukrainian Center for Civic Initiatives GCA government-controlled areas IAC Information-Analytical Center of The National Security and Defense Council of Ukraine IAG
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