A/HCR/40/CRP.4
II.
Methodology
6.
The report is based on information that OHCHR collected through interviews with
victims, witnesses and their lawyers; and direct observation, including trial monitoring;
analysis of corroborating information confidentially shared with OHCHR; official records,
including court documents; open-source documents and video, photo and audio materials
(including those produced by alleged perpetrators); and other relevant and reliable data. In
accordance with OHCHR methodology, the standard of proof applied is that of “reasonable
grounds to believe”5.
7.
OHCHR is committed to the protection of its sources and therefore ensures their
confidentiality. It does not disclose any information that may lead to the identification of
sources, unless the latter have provided their informed consent. OHCHR also systematically
assesses the potential risks of harm and retaliation against its sources and may decide not to
disclose information owing to protection concerns even when it has obtained the informed
consent of the source.
III.
Legal and institutional framework
8.
This report addresses the situation of fundamental freedoms in Ukraine at the start of
the three electoral campaigns – presidential, parliamentary and local elections. The first round
of the presidential elections is scheduled for 31 March 2019. If none of the participating
candidates succeeds in receiving over 50 per cent of the votes, a second round could be held
on 21 April 2019. Voting day on 27 October 2019 is scheduled for parliamentary elections,
and on 25 October 2020 for local elections.
9.
All concerns raised in this report directly refer to human rights protected by
international and regional instruments, including but not limited to the International
Covenant on Civil and Political Rights and the European Convention on Human Rights and
Fundamental Freedoms6, both ratified by Ukraine.
10.
These rights are also protected under national legislation, including the Constitution
of Ukraine (articles 34, 35, 36, 37, 38 and 39), the Civil Code, and the laws ‘On printed
media’, ‘On political parties in Ukraine’, ‘On public associations’ and ‘On freedom of
conscience and religious organizations’.7
11.
National regulations regarding electoral procedures are enshrined in the Constitution
of Ukraine and the laws “On elections of the President of Ukraine”, “On elections of members
of the Parliament of Ukraine”, “On local elections”, “On Central Electoral Commission”,
“On political parties in Ukraine” and “On the State register of voters”.8
5
6
7
8
4
Federation is reflected in regular quarterly reports and relevant thematic reports on Crimea issued by
OHCHR on 25 September 2017 and 10 September 2018.
OHCHR draws information from direct interviews with victims and witnesses, which it corroborates
with information from additional independent sources.
These include freedom of opinion and expression (International Covenant on Civil and Political
Rights, article 19, and European Convention on Human Rights and Fundamental Freedoms, article
10), freedom of peaceful assembly (International Covenant on Civil and Political Rights, article 21,
and European Convention on Human Rights and Fundamental Freedoms, article 11), freedom of
association (International Covenant on Civil and Political Rights, article 22, and European
Convention on Human Rights and Fundamental Freedoms, article 11), freedom of religion or belief
(International Covenant on Civil and Political Rights, article 18, and European Convention on Human
Rights and Fundamental Freedoms, article 9, right to vote and stand for election (International
Covenant on Civil and Political Rights, article 25).
Constitution of Ukraine, 28 June 1996; Civil Code of Ukraine No. 435-IV, 16 January 2003; Law
“On printed media” No. 2782-XII, 16 November 1992; Law “On political parties in Ukraine” No.
2365-III, 5 April 2001; Law “On public associations” No. 4572-VI, 22 March 2012; and Law “On
freedom of conscience and religious organizations” No. 987-XII, 23 April 1991.
Constitution of Ukraine; Law “On elections of the President of Ukraine” No. 474-XIV, 5 March
1999; Law “On elections of members of the Parliament of Ukraine” No. 4061-VI, 17 November
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