A/HRC/42/40/Add.2 78. Impunity, in particular, is a serious problem; there have been no cases of perpetrators being brought to justice for enforced disappearances. Investigations are usually initiated for cases where the persons allegedly responsible are identified as supporting the opposite side in the armed conflict, while there is no cooperation between the parties. 79. In the Autonomous Republic of Crimea and the city of Sevastopol temporarily occupied by the Russian Federation, the Russian Federation, as the occupying Power, is responsible for the protection of the civilian population, as well as for the human rights violations committed therein, including enforced disappearances. The situation of human rights in Crimea is a matter of concern, also given that the Russian Federation continues to apply its laws to the residents of the peninsula - contrary to its obligations as an occupying Power under the Fourth Geneva Convention – and to deny access to the peninsula to international monitors, including OHCHR.21 80. The Working Group reiterates its willingness to continue its constructive dialogue with the Government of Ukraine, and offers its unreserved support for the full implementation of the Declaration on the Protection of All Persons from Enforced Disappearance. 81. The Working Group reaffirms its solidarity with the victims of enforced disappearance, including the families of persons subjected to this heinous violation of human rights and grave criminal offence. Their continued suffering is living proof that enforced disappearance is a continuous violation until the fate and whereabouts of a forcibly disappeared person is clarified. III. Recommendations 82. A. In the light of the above, the Working Group makes the recommendations below. Government of Ukraine 1. Legislation and institutional framework 83. The Working Group recommends that the introduced legislation criminalizing enforced disappearance be improved through: (a) The introduction of penalties commensurate to the seriousness of the crime; (b) The express mention that enforced disappearance is a continuous crime to which amnesties or immunities cannot be applied; (c) The establishment of the responsibility of superiors following the international standards, as provided for in article 6 of the Convention for the Protection of All Persons from Enforced Disappearance. 84. The Working Group also recommends that the Government of Ukraine: (a) Ensure in legislation and in practice that the deprivation of liberty is carried out only by appropriate law-enforcement agencies; (b) Ensure prompt and effective implementation of the Unified Register of Sentenced and Remanded Prisoners in order to create a nationwide digitalized system of registration of all persons deprived of liberty; (c) Ensure that the newly created State Bureau of Investigation has the resources necessary to effectively carry out investigations and its officers be acquainted with the legal concept of enforced disappearance; 21 16 OHCHR report on the human rights situation in Ukraine from 16 August to 15 November 2018, para. 115.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents