A/HRC/44/21 Ukrainian naval crew members seized during the 25 November 2018 incident near the Kerch Strait.19 1. Rights of detainees in Crimea 19. International human rights law requires that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 20 No prisoner shall be subjected to, and all prisoners shall be protected from, torture and cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.21 In determining the manner and method of executing prison sentences, the State must ensure that detainees’ health and well-being are adequately secured.22 20. OHCHR continued to receive credible reports from former and current detainees about inadequate conditions of detention in Crimea, which could amount to inhuman or degrading treatment or punishment, as well as reports of other forms of ill-treatment. In addition to overcrowding, former detainees complained of systematic beatings and use of excessive force by prison guards, unjustified strip searches during which they were forced to squat naked, and placement in so-called pressing cells, where other detainees were encouraged by the detaining authorities to harass or beat them. OHCHR was informed that detainees who did not possess passports of the Russian Federation faced even worse conditions of detention than the other detainees. Among other mistreatments, they complained of regular insults on ethnic grounds by the detaining authorities and of pressure to apply for citizenship of the Russian Federation in exchange for leniency. 21. The provision of medical assistance in detention remained inadequate. Owing to the general lack of available medication, detainees were frequently forced to rely solely on medicine sent by relatives, which often arrived only after significant delays.23 Those in need of special care, owing to their poor physical condition, complained that they had to organize care providers from among the other detainees. For instance, relatives of a detained elderly man with a first-degree disability had to choose a cellmate for him who would agree to take care of him in the pretrial detention centre in Simferopol. Given the steep stairs, people with mobility disabilities had limited access to certain areas in the pretrial detention centre in Simferopol, such as attorney-client meeting rooms, public bathrooms and exercise yards.24 22. Amid numerous reports about overcrowding in Crimean detention facilities, a new penitentiary facility called “a corrective labour centre” was established in Simferopol at the end of 2019.25 The Russian Federation also announced plans to build two additional pretrial detention centres in Simferopol by 2027, with capacity for 1,500 prisoners. 26 2. Rights of detainees transferred from Crimea to the Russian Federation 23. According to international humanitarian law, protected persons accused of offences shall be detained in the occupied territory and, if convicted, shall serve their sentences 19 20 21 22 23 24 25 26 6 See also OHCHR, “Report on the human rights situation in Ukraine: 16 November 2018 to 15 February 2019”, paras. 99–103. Available at www.ohchr.org/Documents/Countries/UA/ReportUkraine16Nov2018-15Feb2019.pdf. International Covenant on Civil and Political Rights, art. 10 (1). Ibid., art. 7; and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, arts. 2 and 16. See also United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to the highest attainable standard of health, para. 34; and European Court of Human Rights, Kudła v. Poland (application No. 30210/96), judgment of 26 October 2000, paras. 92–94. OHCHR, “Report on the human rights situation in Ukraine: 16 August to 15 November 2019”, para. 99. OHCHR, “Report on the human rights situation in Ukraine: 16 February to 15 May 2019”, para. 102. Available at www.ohchr.org/Documents/Countries/UA/ReportUkraine16Feb-15May2019_EN.pdf. As at 31 December 2019, five penitentiary institutions were reported to operate in Crimea: one pretrial detention centre, two colonies, one open prison and one corrective labour centre. See www.interfax-russia.ru/Crimea/main.asp?id=1049923 (in Russian only).