A/HRC/43/CRP.7
indigenous peoples and national minorities should also address this issue and provide
appropriate protection for instruction the languages of indigenous peoples in school.
VIII.
A.
Human rights in the Autonomous Republic of Crimea and
the city of Sevastopol, Ukraine, temporarily occupied by the
Russian Federation
Forced conscription
113. During the reporting period, the Russian Federation completed its tenth conscription
campaign since the beginning of occupation, during which at least 3,000 men from Crimea
were enlisted into the Russian armed forces. This brings the overall number of Crimean
conscripts to at least 21,000 men.107 A contingent of the conscripts were sent to military bases
in the Russian Federation.108
114. The Russian Federation prosecutes Crimean residents for evading conscription into
its armed forces.109 OHCHR identified 25 cases of draft evasion heard by courts in Crimea in
2019. Among these cases, OHCHR documented seven guilty verdicts. 110 The crime of draft
evasion is punishable under Russian Federation law by a fine or up to two years
imprisonment. Within the 2019 verdicts documented, the defendants were sentenced to fines
ranging from 15,000 to 50,000 RUB ($243 to $810). In one case during the reporting period,
the Sudak city court convicted a resident of draft evasion for failure to report for a medical
examination during the conscription campaign. The court ordered the return of the man’s
conscription case files from the police to the local draft commission, indicating his likely
enlistment in future conscription campaigns.111 Under Russian Federation legislation, a
conviction for draft evasion does not absolve the conscript of the obligation to serve in the
military.
115. OHCHR notes that, as an occupying Power, the Russian Federation is obliged under
international humanitarian law to refrain from forcing protected persons to serve in its armed
or auxiliary forces, and that no pressure or propaganda aimed at securing voluntary enlistment
is permitted.112 Forced enlistment also adversely affects conscripts’ enjoyment of human
rights, restricting their free movement and access to education and employment. 113
B.
107
108
109
110
111
112
113
Forcible transfers, deportations and travel bans
All figures are approximate and primarily based on periodic announcements by the Ministry of
Defence of the Russian Federation. OHCHR notes that there are considerable discrepancies between
individual sets of numbers made available by the Ministry at different times in the course of the
conscription campaigns. For previously reported figures, see OHCHR, Report on the human rights
situation in Ukraine, 16 November 2018 to 15 February 2019, para. 114 and 16 May to 15 August
2019, para. 112.
Forcible allocation of protected persons from Crimea to bases in the Russian Federation violates
article 49 of Geneva Convention IV. Analysis of the periodic announcements indicate that over a half
of men from Crimea conscripted during the latest campaign have been sent to the Russian Federation.
Under Article 328 of the Criminal Code of the Russian Federation.
These are the verdicts verifiable through the Russian court registry. As of 31 December 2019, the
registry listed 68 cases of draft evasion in Crimea since 2017, but does not make verdicts publicly
available in all cases. In total, OHCHR documented 35 guilty verdicts issued by courts in Crimea and
available in the court registry. Given that the court registry does not necessarily list every criminal
proceeding, it is possible that the actual figure of convictions is higher. For previously identified
verdicts, see OHCHR report on the human rights situation in Ukraine, 16 May to 15 August 2019,
para. 113.
Judgment of Sudak city court, case No. 1-116/2019, 21 November 2019.
Article 51, Geneva Convention IV.
See OHCHR, Report on the human rights situation in Ukraine, 16 November 2018 to 15 February
2019, para. 115.
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents