The Peninsula of Fear: Chronicle of Occupation and Violation of Human Rights in Crimea
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THE PENINSULA OF FEAR: CHRONICLE OF OCCUPATION AND VIOLATION OF HUMAN RIGHTS IN CRIMEA Kyiv 2016 УДК 341.223.1+342.7.03](477.75)’’2014/2016’’=111 ББК 67.9(4Укр-6Крм)412 Composite authors: Sergiy Zayets (Regional Center for Human Rights), Olexandra Matviychuk (Center for Civil Liberties), Tetiana Pechonchyk (Human Rights Information Center), Darya Svyrydova (Ukrainian Helsinki Human Rights Union), Olga Skrypnyk (Crimean Human Rights Group). The publication contains photographs from public sources, o7 cial websites of the state authorities of Ukraine, the Russian Federation and the occupation authorities, Crimean Field Mission for Human Rights, Crimean Human Rights Group, the online edition Crimea.Realities / Radio Svoboda and other media, court cases materials. ‘The Peninsula of Fear : Chronicle of Occupation and Violation of Human Rights in Crimea’ / Under the general editorship of O. Skrypnyk and T. Pechonchyk. Second edition, revised and corrected. – Kyiv: KBC, 2016. – 136 p. ISBN 978-966-2403-11-4 This publication presents a summary of factual documentation of international law violation emanating from the occupation of the autonomous Republic of Crimea and the city of Sevastopol (Ukraine) by the Russian Federation military forces as well as of the human rights violations during February 2014 – February 2016. The publication is intended for the representatives of human rights organizations, civil activists, diplomatic missions, state authorities, as well as educational and research institutions. УДК 341.223.1+342.7.03](477.75)’’2014/2016’’=111 ББК 67.9(4Укр-6Крм)412 ISBN 978-966-2403-11-4 © S. Zayets, O. Matviychuk, T. Pechonchyk, D. Svyrydova, O. Skrypnyk, 2016 Contents Introduction. 5 Abbreviations . 6 PART 1. The Occupation of Crimea: Chronicle of Seizure . 7 PART 2. International Legal Aspect of the Occupation of ARC and the City of Sevastopol . 17 Overview of the Situation. 17. 2.1. International Legal Documents. 20 2.2. Regulatory Legal Acts of Ukraine . 24 2.3. Regulatory Legal Acts of the Authorities of the Autonomous Republic of Crimea and Self-Proclaimed Authorities of the Crimean Peninsula . 28 2.4. Regulatory Legal Acts of the Russian Federation . 30 2.5. International and national structures Regarding the Status of Human Rights in the Crimea . 32 PART 3. The Aftermaths of the Occupation: A Political Repressions System. 37 3.1. Characteristics of Repressions in Crimea . 37 3.2. The ‘Risk Groups’ in the Political Repressions System . 40 3.3. Prosecution of the Real or Alleged Supporters of the State Sovereignty of Ukraine . 43 3.4. Prosecution of Non-Violent Exercise of the Freedom of Thought, Conscience and Religion, Freedom of Expression and Information, Freedom of Peaceful Assembly and Association and Other Rights and Liberties . 45 3.5. Repressions Against the Crimean Tatar People as a Systemic Organized Opposition to the Occupation Regime. 48 3.6. Repressions Against any Forms of an Independent Civil Society . 51 3.7. Conclusions . 54 3 PART 4. A Year After: Main Violations of Human Rights in Crimea . 55 4.1. The First Victims of the Occupation. 55 4.2. Abductions and Tortures of Activists During the Occupation of Crimea . 58 Abducted persons, which were found. 59 Abductions and Disappearances of Individuals, whose Location is Currently Unknown . 65 4.3. Criminal Prosecutions for Political Reasons, Unlawful Arrests and Searches . 74 4.4. Forced Citizenship . 81 4.5. Violation of the Right to the Freedom of Movement. 85 4.6. Persecution of the Crimean Tatar Community. 89 4.7. Displacement of the Civilian Population . 91 4.8. Persecution of Dissidents . 94 4.9. Pressure on Media . 98 4.10. Bans on Rallies and Demonstrations . .109 4.11. Religion Under the Government’s Control. .121 4.12. Crimean Justice . .125 4.13. Victims of the ‘Russian Justice’ in Moscow . .132 4 Introduction rimea became a precedent in the modern world history. In the Cpost-war Europe, it is certainly a unique case when in a time of peace one state occupied and annexed a part of a territory of an- other state, thereby breaking all existing international and intergov- ernmental agreements. Despite the fact of occupation, the interna- tional community acknowledges only one legal status of Crimean peninsula: the Autonomous Republic of Crimea and the City of Sev- astopol as parts of Ukraine. In deR ance of this, Russia established the control over this territory, thus leading to large-scale and sys- tematic violations of basic human rights. These actions of Russian authorities became a threat to peace and safety in the world, and led to establishment of occupation regime in Crimea. During the year of actual control of Russia over Crimea, the situation on human rights in the peninsula has been deteriorated so much that Valeriya Lutkovskaya, the Commissioner of Verkhovna Rada of Ukraine, called Crimea ‘a peninsula of fear’. Murders, tortures, kid- nappings, persecution of journalists, repressions against Crimean Tatar and Ukrainian activists, fabricated criminal cases, unlawful searches, restriction of religious freedom, forced citizenship, use of paramilitary formations, R ght against dissidents have become part of the everyday life of Crimeans. This publication based on facts and documents presents a chroni- cle of the occupation of Crimea, describes main human rights vio- lations, and sheds light on existing system of political repressions. It also contains a classiR ed collection of legal documents charac- terizing the juridical aspect of the occupation of the Autonomous Republic of Crimea and the City of Sevastopol and implying the in- evitable responsibility of the Russian Federation for the occupation of Crimean peninsula. 5 Abbreviations ARC the Autonomous Republic of Crimea ODIHR O7 ce for Democratic Institutions and Human Rights AF the Armed Forces VR the Verkhovna Rada (Supreme Council) VR ARC the Verkhovna Rada (Supreme Council) of the Autonomous Republic of Crimea VRU the Verkhovna Rada (Supreme Council) of Ukraine SC RC the State Council of the Republic of Crimea UNGA the United Nations General Assembly ECHR the European Convention on Human Rights EU the European Union MIA the Ministry of Internal AT airs ICCPR the International Covenant on Civil and Political Rights OSCE Organization for Security and Cooperation in Europe UN the United Nations RF the Russian Federation CSCE Conference on Security and Cooperation in Europe TRC Television and Radio Company CC the Criminal Code CPC the Criminal Procedure Code UOC KP Ukrainian Orthodox Church of Kyivan Patriarchate FL the Federal Law 6 The Occupation PART 1 of Crimea: Chronicle of Seizure1 1 he Russian Federation (RF) denied its military presence in TCrimea in the lead-up to the so-called ‘referendum’ of March 16, 2014. Only a year later did the Russian authorities acknowledge that Russian troops were operating in Crimea. The actions performed by Russia in Crimea are considered under international law as occupa- tion – the seizure of a territory or a part of a territory of one state by another state’s military forces. An occupation is generally a result of direct warfare between two states. However, in the case of Crimea, Pictured: ‘Little green men’ 1 This section has been prepared by Olga Skrypnyk, Crimea Human Rights Group 7 PART 1 THE OCCUPATION OF CRIMEA: CHRONICLE OF SEIZURE there was no open military conU ict, yet still a part of the territory of an independent Ukraine was occupied. The following chronicle of events conR rms these details. On February 23, 2014, at a rally on Nakhimov Square in Sevastopol, Crimea, busi- nessman Alexey Chaly was elected the ‘people’s mayor’ in direct violation of the law of Ukraine. On this day, the formation of so-called ‘self-defense’ forces (hereaf- ter, ‘Crimean self-defense’) was announced. During it’s R rst two weeks, the ‘Crimean self-defense’ acted jointly with Russian troops that were operating in military uni- forms but without insignias. It was these Russian troops who are called ‘little green men’. In 2015, Russian president Vladimir Putin, in a series of interviews and R lms about so-called ‘Crimean spring’, R nally admitted that the ‘little green men’ were in fact Russian military soldiers. The occupation of Crimea started in Sevastopol, which, according to a treaty be- tween Russia and Ukraine, served as the base of the Russian Black Sea Fleet, a part of the Russian Navy and Russian Armed Forces. On February 25, two ‘Ural’ military vehicles with Russian license plates entered Yalta, 80 km from Sevastopol. The trucks with armed soldiers without insignia arrived at the Health Resort of the Ministry of Defence of the Russian Federation. The health resort director Vladimir Klemeshev admitted that they were Russian military. On February 26, a demonstration in support of Ukrainian sovereignty and the sta- tus of the Autonomous Republic of Crimea was held in Simferopol, the administra- tive center of the Autonomous Republic of Crimea (ARC). The demonstration was organized by the Mejlis of the Crimean Tatar people and was attended by several thousand Crimeans. The head of Mejlis, Refat Chubarov, addressed the speaker of Crimean parliament Vladimir Konstantinov with a request to adjourn the extraordi- nary session of the parliament of the ARC. Eventually the session was cancelled. At the same time, Russian nationalists organized a rally near the Crimean parliament demanding that Crimea join Russia. Their provocations led to clashes. On the same day, Russian Defense Minister General Sergey Shoygu said that the Rus- sian Defense Ministry would take measures to ensure the safety of the Black Sea Fleet in Crimea, which further led to an increase of Russian military presence in Crimea. Early in the morning on February 27, armed people without insignia seized the main administrative buildings of Simferopol – the Council of Ministers and the parlia- ment (Verkhovna Rada) of the ARC. The takeover of these buildings was conR rmed by Ukraine’s Minister of Internal AT airs Arsen Avakov.