Report on the Human Rights Situation in Ukraine 16 February to 15 May 2016
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Office of the United Nations High Commissioner for Human Rights Report on the human rights situation in Ukraine 16 February to 15 May 2016 1 Contents Paragraphs Page I. Executive Summary ................................................................................................ 1–10 6 II. Rights to life, liberty, security and physical integrity ............................................. 11–52 9 A. Violations of international humanitarian law in the conduct of hostilities ..... 13–22 9 B. Casualties ........................................................................................................ 23–25 12 C. Missing persons and the recovery and identification of mortal remains ......... 26–28 13 D. Summary executions, enforced disappearances, unlawful and arbitrary detention, and torture and ill-treatment ........................................................... 29–44 13 E. Sexual and gender-based violence .................................................................. 45–52 17 III. Accountability and administration of justice ........................................................... 53–70 19 A. Accountability for human rights violations and abuses in the east ................. 55–64 19 B. Parallel structures of administration of justice ................................................ 65–67 21 C. Individual cases .............................................................................................. 68–70 22 Nadiia Savchenko ................................................................................... 68 22 Nelia Shtepa ........................................................................................... 69 22 Oleh Kalashnikov and Oles Buzyna ....................................................... 70 23 D. High-profile cases of violence related to riots and public disturbances .......... 71–80 23 November 2013 – February 2014 demonstrations at Maidan, Kyiv ...... 71–75 23 2 May 2014 demonstrations in Odesa .................................................... 76–80 24 IV. Fundamental freedoms ............................................................................................ 81–126 25 A. Violations of the right to freedom of movement............................................. 84–90 26 B. Violations of the right to freedom of religion or belief ................................... 91–96 27 C. Violations of the right to freedom of peaceful assembly ................................ 97–105 28 D. Violations of the right to freedom of association ............................................ 106–111 30 E. Violations of the right to freedom of opinion and expression ........................ 112–126 31 V. Economic and social rights ..................................................................................... 127–167 34 A. Right to social security and protection............................................................ 133–143 35 B. Civil registration and access to public services .............................................. 144–148 37 C. Housing, land and property rights................................................................... 149–156 38 D. Right to the highest attainable standard of physical and mental health .......... 157–167 39 VI. Legal developments and institutional reforms ........................................................ 168–177 41 A. Ratification of United Nations treaties ........................................................... 169 41 B. Implementation of the Human Rights Action Plan ......................................... 170–171 42 C. Criminal justice............................................................................................... 172–173 42 D. Civil registration ............................................................................................. 174–175 43 E. Reform of the civil service ............................................................................. 176–177 43 VII. Human Rights in the Autonomous Republic of Crimea and the city of Sevastopol 178–202 44 A. Rights to life, liberty, security and physical integrity ..................................... 180–185 44 2 B. Minority and indigenous peoples’ rights ........................................................ 186–188 45 C. Due process and fair trial rights ...................................................................... 189–190 46 D. Violations of the right to freedom of peaceful assembly ................................ 191–193 46 E. Violations of the right to freedom of opinion and expression ........................ 194–196 47 F. Violation of the right to freedom of movement .............................................. 197 47 G. Transfers of persons deprived of their liberty outside of Crimea ................... 198–200 47 H. Conscription into military service................................................................... 201 48 I. Right to the highest attainable standard of physical and mental health .......... 202 48 VIII. Conclusions and recommendations ......................................................................... 203–214 48 3 Ukraine 4 5 I. Executive Summary 1. The fourteenth report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the situation of human rights in Ukraine, based on the work of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU) 1 covers the period from 16 February to 15 May 2016 2. This report also marks two years since the start of the human rights crisis in Ukraine. 2. When the conflict broke out in spring 2014 with the influx 3 of foreign fighters, including citizens of the Russian Federation, ammunition and heavy weaponry into east Ukraine from across the border with the Russian Federation and the Government of Ukraine's security 'anti-terrorism operation' response, OHCHR witnessed major violations and abuses of human rights. The lack of security and at times intense military hostilities contributed to a total breakdown in the rule of law, leading to lack of any real protection for those opposing the presence of armed groups and a worsening human rights situation in certain areas of Donetsk and Luhansk regions. Since mid-2014, OHCHR has, recorded some 1,500 accounts from victims, witnesses and relatives. These accounts show that all parties are responsible for human rights violations and abuses and violations of international humanitarian law. Above all, these testimonies – and the civilian casualty data collected – demonstrate that civilians have paid the greatest price for this conflict. 3. From mid-April 2014 to 15 May 2016, OHCHR recorded 30,903 casualties in the conflict area in eastern Ukraine, among Ukrainian armed forces, civilians and members of the armed groups. This includes 9,371 people killed and 21,532 injured 4. After two years, the situation in the east of Ukraine remains volatile and may develop into a ‘frozen conflict’, creating a protracted environment of insecurity and instability; escalate, with dire consequences for civilians living in the conflict- affected area; or move towards sustainable peace through the meaningful implementation of the Minsk Package of Measures. The stakes are high, and it is essential that human rights abuses and violations are addressed to prevent further abuses and to build confidence toward a durable solution to the crisis. 4. Since the start of the security operation, hundreds of people accused of involvement in or affiliation with the armed groups have been detained and charged 1 OHCHR was deployed on 14 March 2014 to monitor and report on the human rights situation throughout Ukraine and to propose recommendations to the Government and other actors to address human rights concerns. For more details, see paragraphs 7–8 of the report of the United Nations High Commissioner for Human Rights on the situation of human rights in Ukraine of 19 September 2014 (A/HRC/27/75). 2 The report also provides an update of recent developments on cases that occurred during previous reporting periods. 3 'The declaration of the self-proclaimed ‘Donetsk people’s republic’ and the self-proclaimed ‘Luhansk people’s republic’ have not only precipitated the escalation of armed conflict in certain districts of Donetsk and Luhansk regions, but also brought in an influx of fighters from abroad that have had significant influence on human rights in Ukraine. .... The Working Group was informed that foreigners joined combat to support all parties to the conflict. These foreigners came from various countries, mostly in Europe, and joined volunteer battalions on the side of the Government and the armed groups of the self- proclaimed ‘Donetsk people’s republic’ and the self-proclaimed ‘Luhansk people’s republic’. References to the use of mercenaries by all parties to the conflict, and these require further analysis by the delegation, in light of the specified definition of mercenary in international law .' Preliminary findings by the UN Working Group on the use mercenaries on its Mission to Ukraine, 18 March 2016, Kyiv, Ukraine 4 This is a conservative estimate of OHCHR based on available data. These totals include: casualties among the Ukrainian forces, as reported by the Ukrainian authorities; 298 people from flight MH-17; civilian casualties on the territories controlled by the Government of Ukraine, as reported by local authorities and the regional departments of internal affairs of Donetsk and Luhansk regions; and casualties among civilians and members of the armed groups on the territories controlled by the ‘Donetsk people’s