A/HRC/40/CRP.3
IV. Right to physical integrity
42.
During the reporting period, OHCHR documented at least 172 human rights
violations involving unlawful or arbitrary detention, torture, ill-treatment and/or threats to
physical integrity, committed on both sides of the contact line. 44 Out of these violations 18
can be attributed to the Government of Ukraine, and at least 154 can be attributed to
‘Donetsk people’s republic’ and ‘Luhansk people’s republic.’ At least 91 violations
occurred within the reporting period, which affected 46 victims (40 men and six women).
A.
Access to detainees and places of detention
43.
In government-controlled territory, OHCHR continued to enjoy access to official
places of detention and conducted confidential interviews with detainees in accordance with
international standards. OHCHR interviewed 93 conflict-related detainees (85 men and
eight women) in pre-trial detention facilities (SIZO) in Bakhmut, Kharkiv, Kherson, Kyiv,
Mariupol, Mykolaiv, Odesa, Starobilsk, Vilniansk and Zaporizhzhia.
44.
OHCHR follows the ongoing penitentiary reform and welcomes all efforts to
transfer medical personnel from subordination of the State Penitentiary Service of Ukraine
to the Centre for Health Protection of the State Penal Service of Ukraine. 45 However, the
transition process negatively affects the provision of health care at the detention facilities.46
OHCHR continued to receive complaints regarding the lack of access to health care and
adequate food, especially for detainees in need of a special diet due to illness.
45.
In territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’, OHCHR did not have unimpeded access to places of deprivation of liberty to
visit and speak in private with detainees. The lack of such access raised serious concerns
about the treatment of detainees and conditions of detention. First-hand information
received from pre-conflict prisoners transferred to serve their sentence in governmentcontrolled territory supports OHCHR concerns (see Situation of pre-conflict prisoners).
B.
Arbitrary detention, enforced disappearance and abduction, torture
and ill-treatment
46.
OHCHR is concerned that the previously identified pattern 47 of arbitrary deprivation
of liberty, enforced disappearance, torture and ill-treatment of individuals in governmentcontrolled territory may be re-emerging. In at least two cases, documented during the
reporting period, victims were arbitrarily arrested during daytime allegedly by SBU
officers.48
47.
OHCHR received information that several SBU officers in camouflage uniforms,
armed with machine guns entered the house of an Armenian national and asylum seeker in
Ukraine, in Svitlodarsk on 13 December 2018. SBU searched his house without a warrant
and seized his electronic equipment and documents. They threatened to deport him to
44
45
46
47
48
14
This number encompasses violations in relation to inhuman conditions of detention and treatment in
penitentiaries in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic.’
The majority of these violations dated back to 2014-2016. In some colonies, OHCHR documented
systematic beatings of prisoners by men wearing masks, which allegedly lasted until mid-2018, and
the widespread use of forced labour.
A state institution independent of the management of penal institutions of the State Penal Service of
Ukraine.
The process of transfer of the State Penal Service premises for the needs of medical units, as well as
medicine and medical equipment to the structural units of the Centre for Health Protection of the State
Penal Service in the regions is ongoing. These structural changes lead to the lack of medicines and
staff in penitentiary institutions.
OHCHR report on the human rights situation in Ukraine, 16 November 2017 - 15 February 2018,
para. 29.
OHCHR interviews, 12 January and 24 January 2019.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents