A/HRC/42/40/Add.2
have been detained, one is reported dead and 11 are still disappeared. In 2014, most of the
perpetrators reportedly belonged to the Crimean Self Defence Forces. In the following years,
most disappearances were reportedly perpetrated by officers of the Russian Federal Security
Service (FSB). In none of those cases have perpetrators been brought to justice.16
72.
After its visit, the Working Group welcomed the information that a meeting had been
planned between the ombudspersons of Ukraine and the Russian Federation to discuss the
issue of missing persons in Crimea, and to visit those who have been detained. While the
meeting was indeed held, the Working Group regrets the information that the relationship
between the two entities deteriorated thereafter, to the detriment of the victims of human
rights violations.
73.
As the occupying Power according to international law,17 the Working Group requests
the Russian Federation to take measures to ensure the clarification of the whereabouts of the
persons that are still disappeared and the protection of all those residents in Crimea from
enforced disappearances, and recommends that independent human rights monitoring
missions be allowed to visit the region in order to assess the situation.18
II. Conclusions
74.
The situation of human rights in Ukraine is complex, notably owing to the
persistence of the armed conflict in the eastern regions, where violations and abuses by
all parties to the conflict on either side of the contact line continue to be documented.19
75.
As most instances of enforced disappearance stem from the conflict in the East,
priority should be given to the immediate ending of hostilities between all involved and
to implementing all obligations foreseen in the Minsk agreements, as well as their
general obligations deriving from both international humanitarian and human rights
law.
76.
The Working Group recalls that, even during armed conflicts, human rights
must be respected, with an absolute prohibition of enforced disappearances, while
efforts must be made to alleviate human suffering. The Working Group recalls that
enforced disappearances are prohibited under any circumstance, including situations
of armed conflict or any other public emergency.20 This prohibition is non-derogable
and must be respected also by the de facto authorities in Donetsk and Luhansk.
77.
The pain and anguish of relatives of disappeared persons cannot be used for
political purposes. Decisive measures must be taken to assist family members who are
looking for their disappeared loved ones, to provide them with reparation – including
psychosocial, economical and other support – and to bring perpetrators to justice. The
Working Group notes some legislative progress, notably with the criminalization of
enforced disappearance by the Law on the Legal Status of the Missing Persons, which
introduced amendments to the Criminal Code of Ukraine. However, both the law and
the Criminal Code should be improved to bring them fully into line with applicable
international standards.
16
17
18
19
20
According to the most recent OHCHR report on the situation of human rights in the temporarily
occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine from 13 September
2017 to 30 June 2018, four enforced disappearances occurred during the reporting period. In addition,
in 11 cases of enforced disappearance that occurred prior to the reporting period, the victims were still
missing as at 30 June 2018. The Russian Federation authorities often either refused to register a case,
or suspended previously initiated investigations. To date, none of the perpetrators has been brought to
justice.
See General Assembly resolution 72/190, para. 3 (a).
Ibid., para. 5.
A/HRC/39/CRP.5, para. 123.
Declaration on the Protection of All Persons from Enforced Disappearance, art. 7; International
Convention for the Protection of All Persons from Enforced Disappearance, art. 1.
15
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