A/HRC/43/CRP.7
Electric shocks
Decrease from 32.4 to 0.0
Sexual violence
Decrease from 14.7 to 0.0
Mock executions
Decrease from 23.5 to 3.7
Threats of death
Decrease from 20.6 to 14.8
Threats of harm to family
Decrease from 38.2 to 11.1
Threats of violence
Decrease from 26.5 to 18.5
Threats of sexual violence
Decrease from 14.7 to 0.0
10.
Amongst the interviewees who were subjected to arbitrary detention, torture and illtreatment, at least twenty-four reported having complained directly to a judge in a hearing or
lodged a formal complaint to a prosecutor or a judge through their lawyer. OHCHR is not
aware of any complaints that have resulted in redress.
B. Arbitrary detention, torture and-ill-treatment of detainees in territory
controlled by the self-proclaimed ‘Donetsk people’s republic’
11.
By 15 February 2020, OHCHR interviewed 39 (31 men, including one military, and
eight women) out of the 51 released detainees whom the self-proclaimed ‘Donetsk people’s
republic’ had handed over to the Government on 29 December 2019. One had been in
detention since 2015, nine since 2016, 21 since 2017, five since 2018, and three since 2019.
12.
Their testimonies further confirmed OHCHR’s previous findings135 of a consistent
pattern of arbitrary detention, often amounting to enforced disappearance, and torture and illtreatment of conflict-related detainees in territory controlled by ‘Donetsk people’s republic’.
OHCHR found that torture and ill-treatment were widespread during the initial stage of
detention, with torture and ill-treatment considerably decreasing after the completion of ‘pretrial investigations’.
Apprehension
13.
The majority of individuals interviewed had been apprehended by armed men wearing
no insignia and in balaclavas who did not identify themselves. In most cases, they were not
told why they were being detained. Many of them were blindfolded and handcuffed either
immediately after the apprehension or on the way to the first place of detention. Nine reported
being beaten immediately after the apprehension or while being transported to the first place
of detention. For example, during his apprehension, one man was hit several times with brass
knuckles to his chest and face, resulting in lasting bruises. While he was lying on the ground,
the attacker pressed his head to the ground with his foot.136
Initial period of detention
14.
Initial places of detention were mostly either the premises of the ‘ministry of state
security’ (in Donetsk and other cities), or the ‘Izoliatsiia’ detention facility in Donetsk.
OHCHR observed that in the vast majority of cases, detainees were unaware of, or seriously
confused about, their ‘procedural’ status. Initially they were not informed of the reasons for
their detention or of the ‘charges’ against them. OHCHR understands that the majority of
individuals were initially detained under the ‘administrative arrest’ procedure.137 Detainees
were denied access to a lawyer or contact with the outside world during this time. Relatives
of those detained who inquired about their whereabouts with various ‘authorities’ were either
135
136
137
38
For more information on previous OHCHR findings on the treatment of conflict-related detainees in
the self-proclaimed ‘republics’ in 2014-2017, see OHCHR, Report on the human rights situation in
Ukraine, 16 November 2017 to 15 February 2018, paras. 67-72, and paras. 17-38 of related Annex II.
OHCHR interview, 15 January 2020.
During ‘administrative arrest’, individuals are held incommunicado for a 30-day period, after which
the ‘prosecutor’ often issues an ‘order’ with new grounds for further ‘administrative arrest’ and
detention. See also OHCHR, Report on the human rights situation in Ukraine, 16 November 2017 to
15 February 2018, para. 33.
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