A/HRC/43/CRP.7
91.
The character of the proceedings described above raise serious concerns regarding fair
trial guarantees in conflict-related ‘criminal cases’ in territory controlled by the selfproclaimed ‘republics’. OHCHR notes that these violations are systematic and may amount
to war crimes.81
VII. Civic space and fundamental freedoms
“I’ve never felt so humiliated in my life.”
– A journalist who was physically attacked by
alleged affiliates of extreme right-wing groups.
92.
During this reporting period, OHCHR documented nine new attacks against
journalists and other media workers, human rights defenders, civil activists and members of
the LGBTI community. OHCHR monitored eight assemblies, the majority of which were
effectively secured by law enforcement.
A.
Right to vote
93.
OHCHR welcomes the adoption of the revised text of the Electoral Code on 19
December 2019, which entered into force on 1 January 2020. It addresses long-standing
recommendations made by OHCHR concerning the need to enfranchise IDPs and labour
migrants in elections, including the upcoming local elections in autumn 2020.82 However, the
Central Electoral Commission still needs to develop a procedure to manage individual
requests to change voting addresses to ensure that the right to vote is fully implemented.
B.
Freedom of opinion and expression and freedom of the media
94.
OHCHR documented four physical attacks against media workers (two men and two
women). On 30 November 2019, a journalist who worked at an online media outlet which
exposes corruption in Mykolaiv city was beaten and attacked with pepper-spray near his
home.83 As of 15 February 2020, the police investigation had made little headway.
95.
On 12 December 2019, the National Police apprehended three suspects in the 2016
killing of well-known journalist Pavel Sheremet84 and charged them with murder.85 These
proceedings came under media and public scrutiny as two of the suspects are former members
of the armed forces and one is a well-known volunteer who supported the Ukrainian Armed
Forces. Notably, during a hearing on 24 December 2019, three journalists covering the trial,
including two women, who were representing media outlets often perceived as pro-Russian
were attacked and threatened in two separate incidents which occurred inside the court
81
82
83
84
85
not provide any incriminating testimony, simply to prevent them from being able to access the ‘trial’
in their capacity as ‘defenders’, the only way they would have been able to be present during the
hearings held in camera.
See article 8(c)(iv) of the Rome Statute of the International Criminal Court and Rule 156, ICRC,
Customary IHL Database available at https://ihl-databases.icrc.org/customaryihl/eng/docs/v1_rul_rule156.
Electoral Code of Ukraine No. 396-IX introduced amendments to the Law ‘On the State Register of
Voters’ No. 698-V of 22 February 2007 which allow voters to change their voting address, which as a
general rule was linked to the registered place of residence, by providing the local registry authority
with supporting documents such as IDP registration certificates or lease agreements. It confirmed the
prohibition of direct and indirect limitations of any kind in the process of exercising voting rights on
the basis of race, skin colour, political, religious or other beliefs, gender, ethnic and social origin,
financial situation, disability, health state, language or other grounds.
OHCHR interview, 16 January 2020.
OHCHR, Reports on the human rights situation in Ukraine, 16 May to 15 August 2016, para. 116 and
16 May to 15 August 2019, para. 84.
Two other suspects were already in custody, suspected of another violent crime.
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents