A/HRC/43/CRP.7
A.
Arbitrary detention, torture and ill-treatment of detainees in
Government-controlled territory
59.
Due to the restrictions imposed on OHCHR operations in territory controlled by the
self-proclaimed ‘republics’ since 2018,43 as of 15 February 2020, OHCHR was unable to
interview any of the 124 detainees released by the Government. However, OHCHR had
previously documented the cases of 75 of them while they were detained in Governmentcontrolled territory.44
60.
The 75 cases showed a consistent pattern of arbitrary detention or procedural
violations at the initial stages of detention (reported by 54 individuals, 72 per cent of the
total) with the SBU being mainly responsible. Twenty-eight detainees reported being kept in
unofficial places of detention incommunicado, such as SBU premises or unknown locations,
for some period after their apprehension (usually several days), before being transferred to
official places of detention. In at least 17 cases, formal registration of their detention was
delayed for a period of one to four days from the day of actual apprehension.
61.
Several interviewees told OHCHR they were denied access to legal counsel prior to
giving a “confession” and were coerced into signing incriminating documents. In at least 32
cases, access to legal counsel was provided only after the first interrogation, and in 11 of
these 32 cases, the interrogation was followed by a confession before a detainee saw a lawyer.
62.
Fifty-seven of the 75 individuals reported having been subjected to torture or illtreatment, mainly perpetrated by SBU officials to extract confessions or information and/or
to punish or intimidate. Methods of torture and ill-treatment included beatings, asphyxiation
(dry and wet), electric shocks, sexual violence (such as forced nudity and violence to the
genitals), positional torture, water, food, sleep or toilet deprivation, isolation, mock
executions, prolonged use of handcuffs, hooding, and threats of further torture, sexual
violence, death or harm to family.
B.
Arbitrary detention, torture and ill-treatment of detainees in the selfproclaimed ‘republics’
63.
OHCHR interviewed 56 detainees released by the self-proclaimed ‘republics’ (45
men, including one military, and 11 women). The most common ‘charges’ against them were
‘espionage’, ‘incitement of hatred’, ‘storage of explosives’, ‘terrorist act’, ‘assistance to
terrorist activity’, and ‘public calls for extremist activities’ in ‘Donetsk people’s republic’,
and ‘creation of a criminal organisation’, ‘illegal acquisition and storage of weapons and
ammunition’, ‘state treason’, and ‘illegal acquisition of information comprising state secrets’
in ‘Luhansk people’s republic’.
64.
Though individual testimonies varied, OHCHR identified and further confirmed 45 a
consistent pattern of arbitrary detention, often amounting to enforced disappearance, torture
and ill-treatment of conflict-related detainees in both self-proclaimed ‘republics’. OHCHR
found that torture and ill-treatment of detainees was systematic during the initial stage of
detention (which could last up to a year), with the risk for detainees to be subjected to torture
and ill-treatment considerably decreasing after the ‘confession’ and especially after
completion of ‘pre-trial investigations’.
65.
Individuals interviewed by OHCHR had usually 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. Upon apprehension or while being transported
to their first place of detention, many detainees were blindfolded and/or handcuffed. Some
were beaten or threatened with violence. The first place of detention was usually either the
43
44
45
16
See para. 15 above.
Some of these cases were described in past OHCHR reports. See footnote 1 of Annex I to this report.
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.
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