A/HCR/40/CRP.4 November 2018 due to the seasonal lull occurring every new year period, OHCHR is concerned that, if impunity remains unaddressed there is a risk that this will fuel further attacks. On 31 July 2018, a female senior staff of a city council, known for her anticorruption views, was attacked with acid. On 4 November 2018, she died in hospital following complications resulting from her injuries. The organizers of the attack are still not brought to account. A. Freedom of opinion and expression 16. OHCHR observed a pattern of violent attacks and acts of intimidation against journalists and other media professionals, civil society and political activists, as well as defence lawyers throughout the reporting period. These attacks have created an atmosphere of intimidation, which has a chilling effect on people’s ability and willingness to speak openly on issues of public importance, notably to express their disagreement or concerns about policies. The protection of the right to freedom of opinion and expression is particularly essential during times of political change, notably to ensure that the public is well-informed and empowered to safely and freely exercise civil and political rights. Providing the conditions for free and open political communication is an essential element of ensuring fair and democratic electoral processes.15 17. Throughout the reporting period, OHCHR observed a gradual increase of attacks against journalists, including incidents perpetrated in front of cameras during live broadcasting.16 Investigators often failed to accurately classify these attacks under applicable law, disregarding perpetrators’ motive to disrupt or prevent journalists’ activities.17 Disregarding such motive that would justify other charges carrying higher sentences leads to impunity on these charges. Investigators thereby deny the particular protection that is afforded to journalists by the law. 18. In 2018, in at least two separate cases, Ukrainian courts ruled to grant prosecution access to personal data of investigative journalists, including of their sources, which could be perceived as acts of intimidation.18 These decisions are of concern and could encourage further attempts of authorities to intimidate journalists, foster censorship and discourage their investigative work.19 19. Furthermore, various authorities continued using a broad and inconsistent interpretation of criminal provisions related to terrorism, provisions on high treason and trespassing on Ukraine’s territorial integrity against journalists, bloggers and social media users for publishing or posting and reposting information seen as ‘anti-Ukrainian’. 20. Moreover, concerns arise about certain legislative initiatives proposing to vest State authorities with wide discretion and power to block online sources which would unduly restrict freedom of opinion and expression.20 21. OHCHR observed an increase in violent attacks against civil society activists in 2018. On 27 September 2018, approximately 70 civil society organizations and political parties 15 16 17 18 19 20 6 See Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, 2 July 2014 (A/HRC/26/30, para 11). See OHCHR Report, 16 August – 15 November 2018, para 73. Despite of clear signs of other crimes, some of these attacks are classified only as ‘hooliganism’, which would lead to a milder punishment. See OHCHR Report, 16 August – 15 November 2018, para 75. In one of these cases, it was the first time the European Court of Human Rights applied interim measures under Rule 39 of the Rules of Court to the case pertaining to freedom of expression in Ukraine. Draft law no.6688 ‘On amendments to certain legislative acts of Ukraine concerning counteraction to threats to national security in the information sphere’, 12 July 2017. See OHCHR Quarterly Report 16 May – 15 August 2018, para 85.