A/HCR/40/CRP.4
launched a series of criminal investigations into allegations of incitement to religious hatred,
with the additional charge of high treason in at least one case, without issuing notices of
suspicion. In the context of these investigations, SBU searched the property of the Ukrainian
Orthodox Church and the homes of the clergy hierarchy. SBU also interrogated clergymen
in different regions of Ukraine.46 Individuals interviewed by OHCHR, reported that such
actions put them under pressure and said that despite the absence of direct threats or coercion,
they considered these as attempts to influence their position on autocephaly.
31.
On 20 December 2018, the Parliament voted to begin the mandatory renaming of the
religious organizations affiliated with religious centres in the Russian Federation, primarily
targeting the communities of the Ukrainian Orthodox Church.47 The Parliament also adopted
restrictions on the access of clergymen of such organizations to the premises of the Armed
Forces of Ukraine on the basis of national security considerations. This contravenes article
18(3) of the International Covenant on Civil and Political Rights as national security is not a
permissible ground for a restriction of freedom of religion or belief.48
V. Conclusions and recommendations
32.
OHCHR notes the efforts of the Government of Ukraine to ensure the efficiency and
transparency of investigations into high-profile cases of violent attacks against civil society
activists as well as increased security and protection during massive public assemblies in big
cities. OHCHR is however concerned about the increase of violent acts during the reporting
period targeting journalists, civil society activists and other persons at risk; the failure of law
enforcement forces to immediately prevent or stop such acts; impunity of perpetrators of
violent attacks; and the adoption and implementation of legislation that could negatively
impact fundamental freedoms.
33.
The right to participate in public affairs requires that the life, physical integrity,
liberty, and security of all members of society, including journalists and civil society activists,
should be protected at all times. It also requires an environment that values and takes into
account the peaceful and legitimate contribution of all members of society.
34.
States should protect civil society actors, including human rights defenders and
journalists, in particular, from all threats, attacks, reprisals and acts of intimidation including
against them or their family members, associates and legal representatives. Such acts should
be promptly, thoroughly and impartially investigated, perpetrators brought to justice, and
effective remedies provided. In this context, Ukrainian authorities should exercise due
diligence in preventing abuse committed by non-State actors.
35.
In order to promptly improve the protection of fundamental freedoms, not least ahead
of the elections, OHCHR recommends:
1.
To the Government of Ukraine:
(a)
publicly condemn all violent attacks, including those committed by extreme
right-wing groups,
46
47
48
10
A criminal case under these charges was opened on 21 November, eight days after the Ukrainian
Orthodox Church publically announced its refusal to support autocephaly.
According to the Law of Ukraine no. 2662-VIII of 20 December 2018, a religious organization that is
structurally affiliated with a foreign religious organization, the governing centre of which is located in
the country, recognized as an “aggressor State”, should reflect in its official name that of the religious
center is in such foreign state. Failure to follow this requirement within a four months deadline may
render void the charter of the organization “in the part defining its full official name”.
The United Nations Human Rights Committee, in its general comment No. 22 (1993) (para. 8)
emphasized that Article 18(3) of the International Covenant on Civil and Political Rights permits
restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and
are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms
of others. This paragraph is to be strictly interpreted: restrictions are not allowed on grounds not
specified there, even if they would be allowed as restrictions to other rights protected in the Covenant,
such as national security.
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