A/HRC/44/21 organization by the Russian Federation. As at 31 December 2019, 63 citizens of Ukraine were detained for alleged involvement in Hizb ut-Tahrir activities, 20 of whom had been convicted, including 7 individuals who were sentenced during the reporting period to prison terms ranging from 7 to 19 years. These cases have raised concerns with regard to the right to a fair trial, as described in paragraph 9 above. IV. Prohibition on forced conscription 37. International humanitarian law provides that the occupying Power may not compel protected persons to serve in its armed or auxiliary forces, and that no pressure or propaganda aimed at securing voluntary enlistment is permitted.46 38. OHCHR has received information that, during the reporting period, the Russian Federation carried out its tenth military conscription campaign in Crimea, including with respect to citizens of Ukraine resident there. An additional 3,000 male residents of the Autonomous Republic of Crimea were enlisted, 47 bringing the total number of men conscripted from Crimea to at least 21,000 since the practice began in 2015.48 Conscription campaigns in Crimea take place twice a year, in spring and autumn, and last for about three months each. Since the first such enlistment in 2015, the number of conscripts has increased progressively each year. According to the available data, the share of Crimean conscripts allocated to military bases on the territory of the Russian Federation, as opposed to Crimea, has also increased progressively since 2015.49 39. The criminal law of the Russian Federation as applied in Crimea prescribes fines or imprisonment for up to two years for draft evasion. 50 During the reporting period, prosecution for draft evasion continued in Crimea, with at least 20 court cases identified in the court registry of the Russian Federation. OHCHR verified 14 convictions in these cases, with defendants ordered to pay fines ranging from 5,000 to 50,000 Russian roubles (US$ 67 to 670).51 Analysis of the available verdicts indicates that the failure to appear for medical examination following receipt of a conscription notice typically serves as the main evidential basis for criminal prosecution. According to the applicable law of the Russian Federation, conviction for draft evasion does not absolve the individual of his obligation to perform military service. 40. OHCHR has received information that fear of conscription also continued to affect freedom of movement between Crimea and the rest of Ukraine, with additional obstacles faced by boys and young men registered in military draft commissions. 52 Men who had 46 47 48 49 50 51 52 10 Fourth Geneva Convention, art. 51. Unlike in the previous conscription campaigns, this number does not include conscripts from the city of Sevastopol, which have not been reported for this specific round of conscription, to the best of the knowledge of OHCHR. All figures are approximate and primarily based on periodic announcements of the Ministry of Defence of the Russian Federation. OHCHR noted considerable discrepancies between individual sets of numbers made available by the Ministry at different times in the course of the conscription campaigns. Previously reported figures are available in OHCHR, “Report on the human rights situation in Ukraine: 16 November 2018 to 15 February 2019”, para. 114; and OHCHR, “Report on the human rights situation in Ukraine: 16 May to 15 August 2019”, paras. 111–112. Analysis of periodic announcements of the Ministry of Defence of the Russian Federation indicates that over half of the men from Crimea conscripted during the most recent campaign were sent to the Russian Federation. While some of them perform their military service in southern regions of the Russian Federation, in relative proximity to Crimea, others are deployed to more remote regions. Russian Federation, Criminal Code, art. 328. These are the verdicts verifiable through the court registry of the Russian Federation. As at 31 December 2019, the registry listed 83 cases of draft evasion charges in Crimea since 2017, but the verdicts were not publicly available in all cases. In total, OHCHR documented 69 guilty verdicts issued by courts in Crimea and made available in the court registry during the reporting period. As the court registry does not necessarily list every criminal proceeding, it is possible that the actual number of convictions is higher. These include additional checks, delays and/or possible refusal to be allowed to cross the Administrative Boundary Line if a resident of conscription age fails to present confirmation of military registration in Crimea (A/74/276, para. 59).

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