A/HRC/42/40/Add.2
I. Introduction
1.
A delegation of the Working Group on Enforced or Involuntary Disappearances
conducted an official visit to Ukraine from 11 to 20 June 2018.
2.
The delegation was composed of the Vice-Chair of the Working Group, and Tae-Ung
Baik, Luciano Hazan and Henrikas Mickevicius, members of the Working Group.
3.
At the outset, the Working Group wishes to thank the Government of Ukraine for
extending an invitation to visit the country, and for the efforts made before and during the
visit to facilitate its smooth undertaking. It also thanks the de facto authorities in Donetsk and
Luhansk for the cooperation during the visit in the territory under their control.
4.
The Working Group also wishes to thank the human rights monitoring mission in
Ukraine for the continuous support during the visit.
5.
The Working Group met, inter alia, with the representatives of the Ministry of Foreign
Affairs, the Ombudsperson of Ukraine (the national preventive mechanism), the Supreme
Court, the Ministry of Internal Affairs, the Ministry of Justice, the State Criminal
Enforcement Service and the Centre for Free Legal Aid, the Security Service of Ukraine, the
Ministry of Defence, the National Police in Kyiv and Mariupol, the Office of the Prosecutor
General in Kyiv and the Military Prosecutors in Kyiv and Kramatorsk.
6.
The delegation also met with the “ombudsperson” of the self-proclaimed “Donetsk
People’s Republic”, the “forensic bureau” in Donetsk, the “acting minister of foreign affairs”
of the self-proclaimed “Luhansk People’s Republic” and the representative of the “Luhansk
People’s Republic” in the Working Group on Humanitarian Issues of the Trilateral Contact
Group on Ukraine in Minsk.
7.
The Working Group held a series of meetings with the persons subjected to enforced
disappearances and relatives of disappeared persons throughout the country, and met
representatives of civil society, including non-governmental organizations, and lawyers. It
thanks all stakeholders met, and in particular the survivors of enforced disappearances and
the relatives of disappeared persons who shared their testimonies with the Working Group.
8.
The Working Group received information from the Government, victims and civil
society organizations, and held discussions with all stakeholders on the measures to prevent
and eradicate enforced disappearances, as well as issues relating to truth, justice and
reparation for victims.
9.
The Working Group visited Kyiv, Mariupol, Donetsk, Luhansk, Kramatorsk and
Pokrovsk. Unfortunately, it was not able to visit Crimea in the context of its country visit to
Ukraine, although it received information relevant to the present report from several
stakeholders.
10.
The experts wish to emphasize that the politicization of humanitarian issues resulting
from the armed conflict has a direct and severe impact on the human rights of victims of
enforced disappearances, including the right to truth, justice and adequate reparation.
Decisive measures have to be taken to assist family members who are looking for their loved
ones, to identify and punish perpetrators and to provide reparation and psychosocial
assistance to all affected victims.
11.
There is almost total impunity for acts of enforced disappearances on both sides of the
contact line, mainly due to a lack of interest and political will. In Kyiv as well as in the
territory controlled by the “Donetsk People’s Republic” and the “Luhansk People’s
Republic”, the Working Group perceived little interest in pursuing cases unless the
perpetrator was identified as someone supporting the opposite side. Bringing to justice
anyone from one’s own side appears to be perceived as “unpatriotic”.
12.
In the present report, the Working Group also describes a number of developments
between June 2018, when the visit was conducted, and the submission of the report to the
Human Rights Council.
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