A/HRC/40/CRP.3
period.11 OHCHR remains concerned about the failure of the Government to bring
perpetrators of attacks against media professionals, political and civil society activists to
account. Space for freedom of expression and freedom of the media remains highly
restricted in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic.’
13.
During the reporting period, OHCHR followed closely the developments around the
granting of autocephaly to the newly established Orthodox Church in Ukraine and the
introduction of a 30-day martial law in some regions of Ukraine on 26 November 2018,
following the naval incident near the Kerch Strait.
14.
The Russian Federation, the occupying power in Crimea, has still not granted
OHCHR access to the peninsula in line with UN General Assembly resolution on the
territorial integrity of Ukraine 68/262 and resolutions 71/205, 72/190 and 73/263. OHCHR
monitors the human rights situation on the peninsula from mainland Ukraine. The Russian
Federation continues to apply its laws, in violation of international humanitarian law
applicable to an occupying power, resulting in grave human rights violations,
disproportionately affecting Crimean Tatars. OHCHR also notes that Ukrainian crew
members apprehended by Russian authorities in the Kerch Strait on 25 November 2018
could be considered as prisoners of war and protected under the Third Geneva Convention.
II. OHCHR methodology
15.
This report is based on 152 in-depth interviews with victims and witnesses. Findings
are included in the report where the “reasonable grounds” standard of proof is met. The
standard is met when a sufficient and reliable body of information from primary sources
collected through interviews (with victims, witnesses, relatives of victims and lawyers), site
visits, meetings with Government representatives, civil society and other interlocutors, and
trial monitoring is consistent with information from secondary sources assessed as credible
and reliable, such as reviews of court documents, officials records, open-source material,
and other relevant materials. OHCHR applies the same due diligence and standard of proof
when documenting conflict-related civilian casualties.12 Consent is sought from sources on
the use of information, ensuring confidentiality as appropriate. Specific attention was paid
to the protection of victims and witnesses, assessing the risk of reprisals.
16.
During the reporting period, OHCHR continued to be present, albeit with limited
operations, in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’, and was able to obtain and verify information through various means.
17.
While OHCHR cannot provide an exhaustive account of all human rights violations
committed throughout Ukraine, it is able to document patterns of human rights violations
and abuses based on individual cases.
11
12
6
During the last reporting period between 16 August and 15 November 2018, OHCHR documented 59
violations of the fundamental freedoms of opinion and expression, peaceful assembly and association,
religion or belief, as well as the right to non-discrimination and equal protection under the law.
OHCHR documents civilian casualties by consulting a broad range of sources and types of
information that are evaluated based on credibility and reliability. In analyzing each incident,
OHCHR exercises due diligence to corroborate information from as wide a range of sources as
possible, including OSCE public reports, victim and witness accounts, military actors, community
leaders, medical professionals and other interlocutors. In some instances, documentation may take
weeks or months before conclusions can be drawn, meaning that numbers on civilian casualties may
be revised as more information becomes available. OHCHR attributes a civilian casualty to a
particular party based on the geographic location where it occurred, the direction of fire, and the
overall context surrounding the incident.
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