A/HRC/40/CRP.3 public officials, judges, officers of law enforcement or national anti-corruption bodies, and the crimes related to military service.57 51. During the reporting period, in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ individuals continued to be subjected to 30-day ‘administrative arrest’ and ‘preventive arrest,’ respectively, which amount to arbitrarily incommunicado detention and may constitute enforced disappearance. In territory controlled by ‘Luhansk people’s republic,’ OHCHR documented cases of ‘preventive arrests’ of civilians, held incommunicado for prolonged periods, before formalizing these ‘arrests.’58 52. On 16 November 2018, representatives of the ‘ministry of state security’ (‘MGB’) of ‘Luhansk people’s republic’ detained a Luhansk resident at the entry-exit checkpoint near Stanytsia Luhanska. The man called his mother and told her he had been detained. His mother sent complaints about his detention to the ‘MGB’, ‘head’ of ‘Luhansk people’s republic’, ‘general prosecutor’s office’, and the ‘ministry of the interior’ (‘MoI’), requesting information about her son’s whereabouts. On 26 November, the ‘MGB’ informed her that her son was being held incommunicado under ‘preventive arrest.’ He was released on 4 December 2018.59 C. Situation of pre-conflict prisoners Back in 2016 I could complain to the prison administration for forcing us to work. Now no one would complain for fear of being thrown in the isolation ward and beaten. - A pre-conflict prisoner transferred from a penal colony in territory controlled by ‘Luhansk people’s republic’. 53. OHCHR welcomes the transfer of 88 pre-conflict prisoners (83 men and five women) that took place during the reporting period 60 from places of detention in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ to governmentcontrolled territory in December 2018 and February 2019. 61 There were two transfers from places of detention in territory controlled by ‘Luhansk people’s republic’ since the beginning of the armed conflict. To date, 274 persons (including nine women) have been transferred from places of detention in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic.’ Articles 401-435 of the Criminal Code of Ukraine, except for Article 422 ‘disclosing military information constituting a state secret’, which remains under the SBU jurisdiction. 58 OHCHR interview, 21 January 2019. 59 OHCHR interview, 5 December 2018. 60 On 12 December 2018, the transfer of 42 pre-conflict prisoners (39 men and three women) was carried out from territory controlled by ‘Luhansk people’s republic’ to government-controlled territory. On 13 December 2018, 13 prisoners (11 men and two women) were transferred from territory controlled by ‘Donetsk people’s republic’. On 7 February 2019, another 33 pre-conflict prisoners (all men) were transferred from territory controlled by ‘Luhansk people’s republic.’ Based on interview with prisoners, OHCHR was able to verify information about conditions of detention between 2014 and 2018. 61 Among those transferred on 12 December 2018, two individuals were transferred from the Luhansk SIZO, where they had been held since 2014. One of them had appealed a first-instance court ruling; another was scheduled for transfer from the pre-trial detention to another city for trial, but due to the outbreak of the armed conflict remained there. Moreover, OHCHR is aware of at least three individuals, who were held in a Donetsk SIZO, before the outbreak of the armed conflict in eastern Ukraine. In October 2015, a court in government-controlled territory ordered the release of one of these three individuals, however, he remains in custody. 57 16