A/HRC/45/CRP.9
lead to identification of the source, unless the source gave informed consent and OHCHR
assessment concluded it would not carry potential risks of harm and retaliation.
19.
In Government-controlled territory, OHCHR enjoys freedom of movement and full,
unimpeded access to detainees and detention facilities. By contrast, in territory controlled by
self-proclaimed ‘republics’, OHCHR operations have been severely restricted since July
2018. Furthermore, OHCHR has never been granted unimpeded confidential access to places
of detention, which severely limits OHCHR’s ability to obtain primary source information
through confidential interviews with detainees. Between April 2017 and July 2018, OHCHR
had restricted access to ‘hearings’ in conflict-related cases, which were usually held in
camera.10 Despite these impediments, OHCHR monitored 71 ‘hearings’, interviewed 453
individuals, and carried out remote monitoring and analysis of information obtained from a
range of other sources including ‘court verdicts’, replies of the ‘authorities’ and open-source
information to verify allegations of human rights violations perpetrated in this territory.
20.
Due to lack of access, OHCHR has remotely monitored the human rights situation in
Crimea on a continuous basis since March 2014. OHCHR conducted 183 direct in-depth
interviews with victims and witnesses of human rights violations, as well as relatives of
victims and their lawyers, Government representatives, members of civil society and other
stakeholders. OHCHR collects and analyses information from court registries and
documents, official Government records, open sources and other relevant material, and
assesses Ukrainian and Russian Federation legislation which impact the enjoyment of human
rights in Crimea. OHCHR also regularly monitors the crossing points of the Administrative
Boundary Line (ABL) between mainland Ukraine and Crimea.
III. Context
21.
From 21 November 2013 to 20 February 2014, large-scale protests erupted in Kyiv
and other parts of Ukraine, triggered by the decision of then-President Viktor Yanukovych
not to sign the Association Agreement with the European Union. The protests were
characterized by violence and excessive use of force by police and other law enforcement
agencies. Such incidents took place particularly near Independence Square (Maidan
Nezalezhnosti) in Kyiv, and resulted in the death of 98 people including 13 law enforcement
officers.11 On 21 February 2014, President Yanukovych fled Ukraine and the next day,
Parliament voted to remove him from office.12
22.
On 27 February 2014, uniformed men without insignia took over the Parliament of
Crimea and dismissed the Government of Crimea. On 16 March 2014, a “referendum” on
Crimea’s incorporation into the Russian Federation was held. 13 Shortly thereafter, on 18
March 2014, the Russian Federation and the “Republic of Crimea” signed a “Treaty on the
10
11
12
13
Prior to 2017, OHCHR did not seek access to ‘trials’ in territory controlled by self-proclaimed
‘republics’.
See, e.g., OHCHR, Accountability for killings in Ukraine from January 2014 to May 2016, available
at www.ohchr.org/Documents/Countries/UA/OHCHRThematicReportUkraineJan2014May2016_EN.pdf, and HRMMU briefing note, Accountability for Killings and Violent Deaths during
the Maidan Protests, available at
www.un.org.ua/images/documents/4700/Accountability%20for%20Killings%20and%20Violent%20
Deaths%20During%20the%20Maidan%20Protest_2.pdf.
Verkhovna Rada of Ukraine (Parliament), Self-Removal of the President of Ukraine from
Performance of Constitutional Functions and Appointment of the Extraordinary Election of the
President of Ukraine, Resolution No. 757-VII, available at zakon.rada.gov.ua/laws/show/757VII#Text.
The “referendum” was declared invalid by the Government of Ukraine, as well as by the United
Nations General Assembly, which stated that the referendum, “having no validity, cannot form the
basis for any alteration of the status of the Autonomous Republic of Crimea or of the city of
Sevastopol” (General Assembly resolution 68/262, para. 5). See also OHCHR first report on Crimea,
paras. 5, 24 and 28.
5
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