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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