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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