A/HRC/45/CRP.9 Accession of the Republic of Crimea to the Russian Federation” (“Treaty on Accession”) effectively annexing Crimea into the Russian Federation.14 23. The Treaty on Accession provided for a transitional period until 1 January 2015 to fully apply the legal framework of the Russian Federation in Crimea. This led to the wholesale replacement of Ukrainian criminal law with Russian Federation criminal law, in violation of the obligation under international humanitarian law to respect the existing law of an occupied territory.15 24. Individuals opposed to the Russian Federation’s occupation of Crimea or critical of specific Russian Federation policies applied on the peninsula, such as journalists, bloggers, supporters of the Mejlis,16 and pro-Ukrainian and Maidan activists, were targeted for prosecution under the newly applied legal system in Crimea. Persons with no declared political affiliation, but who advocated strict compliance with the tenets of Islam, were accused of belonging to extremist groups banned in the Russian Federation and were also now prosecuted under Russian Federation criminal law applied in Crimea. 25. From early April 2014, groups of armed people began to seize the buildings of government institutions across Donetsk and Luhansk regions. After gaining control over some areas in these regions, armed groups proclaimed independence from Ukraine and the creation of the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, respectively. On 11 May 2014, both self-proclaimed ‘republics’ held ‘referendums’ to validate their ‘acts of independence’. The self-proclaimed ‘republics’ were recognized neither by the Government of Ukraine, nor the international community. Since their formation, both selfproclaimed ‘republics’ began processing ‘criminal cases’. 26. The Government of Ukraine considers both self-proclaimed ‘republics’ terrorist organisations.17 In response to the seizure of administrative facilities in Donetsk and Luhansk regions, the Government launched an “anti-terrorist operation”,18 which allowed for the application of counter-terrorism legislation to the criminal proceedings related to the armed conflict. 27. The Government’s lack of access to territory controlled by the self-proclaimed ‘republics’ and residents there complicated investigations into human rights violations perpetrated there, and thus rarely resulted in prosecution of perpetrators. OHCHR is aware of only four convictions in conflict-related cases, on charges implying human rights violations. OHCHR findings show that the majority of individuals prosecuted for their membership or affiliation with the armed groups resided in Donetsk and Luhansk regions. 19 The majority were men: 520 defendants in 408 criminal proceedings; while 70 women were prosecuted in 61 criminal proceedings. The majority were accused of being members or 14 15 16 17 18 19 6 UN General Assembly resolution 71/205 condemned the temporary occupation of part of the territory of Ukraine – Crimea – by the Russian Federation and reaffirmed the non-recognition of its annexation. Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, the Hague, 18 October 1907, article 45, and IV Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, article 64. The Mejlis is a self-governing institution of the Crimean Tatar people holding executive powers which boycotted the referendum and initiated public protests in favour or Crimea remaining a part of Ukraine. It was banned in April 2016 by the Supreme Court of Crimea. See the Declaration of the Parliament “On the rebuff to the military aggression of the Russian Federation and overcoming its consequences” adopted on 21 April 2015, available at zakon.rada.gov.ua/laws/show/337-19. OHCHR notes that there has been no decision by a judicial or administrative body declaring or recognising self-proclaimed ‘republics’ and/or their entities as terrorist organisations. President of Ukraine, On the decision of the National Security and Defence Council of Ukraine of 13 April 2014 regarding high priority measures to address terrorist threats and securing territorial integrity of Ukraine, Decree No. 405/2014, 14 April 2014, available at zakon2.rada.gov.ua/laws/show/405/2014. There are a few cases where foreigners were prosecuted for membership in the armed groups, including citizens of the Russian Federation and Brazil.