A/HRC/40/CRP.3
in government-controlled territory and is attributable to armed groups of ‘Donetsk people’s
republic’. During the reporting period, OHCHR did not record any mine-related civilian
casualties.
7.
More than five million people,9 including over 1.3 million registered internally
displaced persons (IDPs)10 and persons living in isolated communities along the contact line
in eastern Ukraine continue to bear the brunt of the armed conflict and its consequences.
The hardship they endure is exacerbated by the lack of access to basic services, social
support, as well as remedies and reparations for injured persons and relatives of those killed
and for destroyed property. A dozen civilians died in the first few weeks of 2019, mainly
due to serious health complications, while crossing the contact line. During the winter
months, the lack of adequate heating remained one of the main challenges for civilians,
especially those living along the contact line. Despite consistent court decisions in favour of
individuals who lost access to their pensions, the Government has failed to implement the
judgments and continues to link access to pensions to IDP registration. Further, OHCHR
noted the continued need for broader protection of conflict-affected civilians, including
IDPs, regardless of where they reside in Ukraine, and realization of their economic and
social rights to pave the way for restoring peace and stability in eastern Ukraine.
8.
In government-controlled territory, OHCHR had access to official places of
detention and conducted confidential interviews with detainees in accordance with
international standards. In territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk
people’s republic’, OHCHR continues to call for confidential access to detainees to be
granted to OHCHR and international observers.
9.
OHCHR welcomes the transfers of 88 pre-conflict prisoners from territory
controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ to governmentcontrolled territory that took place in December 2018 and February 2019. Of them, seventyfive were transferred from territory controlled by ‘Luhansk people’s republic’ for the first
time since the outbreak of the conflict.
10.
OHCHR is concerned about the practice of arbitrary arrest, incommunicado
detention, torture and ill-treatment of civilians in government-controlled territory. During
the reporting period, OHCHR documented two cases of arbitrary detention of civilians
allegedly by officers of the Security Service of Ukraine (SBU). Individuals in territory
controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ continued to be
subjected to ‘administrative’ arrest and ‘preventive’ arrest, respectively, which may
constitute enforced disappearance.
11.
In conflict-related cases, due process and fair trial violations persist as a result of the
pervasive practice of prolonged pre-trial detention, and the use of force and coercion to
obtain confessions or to accept plea bargains. Interference into the work of courts in
conflict-related and other high-profile trials continued during the reporting period. Five
years after violent clashes between law-enforcement and Maidan protestors, the killings of
protestors and law-enforcement officers remain largely unaddressed by the Government.
Delays in the investigation and trial proceedings related to the 2 May 2014 violence in
Odesa continue.
12.
Safeguarding civic space and protecting people’s rights to freedom of opinion and
expression, media and peaceful assembly and association is key in ensuring that the
upcoming presidential and parliamentary elections in Ukraine are peaceful and inclusive.
OHCHR documented 16 violations of the afore-mentioned freedoms, as well as the right to
non-discrimination, a decrease in keeping with the seasonal lull occurring every New Year
9
10
See Multi-Year Humanitarian Response Plan (HRP) 2019-2020 available from
https://www.humanitarianresponse.info/en/operations/ukraine/document/ukraine-2019-humanitarianresponse-plan-hrp.
According to Ukraine’s Ministry of Social Policy, as of 5 February 2019 there were 1,361,912
internally displaced persons registered in Ukraine since the beginning of the armed conflict in 2014.
5
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