A/HRC/40/CRP.3
with the Government of the Russian Federation responsible for 35 and the Government of
Ukraine for three.117
A.
International Humanitarian Law violations
97.
On 25 November 2018, Ukrainian authorities reported an assault of the Russian
Federation naval forces on three Ukrainian naval vessels near the Kerch Strait. The
Ukrainian vessels were on their way to the Azov Sea through the Kerch Strait, which is the
only passage between the Black Sea and the Azov Sea and lies between the Russian
Federation and Russian Federation-occupied Crimea. The Ukrainian Government stressed
that the Ukrainian ships were attacked in international waters, while the Russian Federation
insisted that the ships entered its territorial waters and received repeated warnings to leave
the area. The Russian Federation naval forces opened fire on the Ukrainian vessels, seized
them, and captured 24 crew members (22 naval officers and two SBU officers).
98.
OHCHR notes that by virtue of the continued occupation of Crimea by the Russian
Federation, an international armed conflict continues to exist between the two States in
Crimea and international humanitarian law continues to apply there. As such, a single
hostile encounter between the armed forces or assimilated armed units of two sovereign
states, as the 25 November 2018 incident, suffices to trigger the application of international
humanitarian law, irrespective of the pre-existence of an armed conflict. Consequently, the
rules of international humanitarian law that are applicable to international armed conflict
continue to apply.
99.
All 24 crew members, including those who had reportedly sustained injuries during
the incident, have been charged with illegal crossing of the Russian border, a criminal
offence punishable by up to six years of imprisonment, and remanded in custody. 118
Between 29 and 30 November 2018, the Russian Federation authorities reportedly
transferred all 24 crew members from Simferopol to Moscow, where they placed them in
SIZOs.
100. The Ukrainian Government considers the apprehended crew members to be
prisoners of war. Similar statements were made by the crew members and their lawyers,
including during court hearings on the measure of restraint. Nevertheless, as of 15 February
2019, the Russian Federation authorities refuse to apply international humanitarian law
provisions to the incident and deny the detained crew members the status of prisoners of
war.
101. OHCHR notes that based on the provisions of international humanitarian law, 119 the
24 detained crew members could be considered as prisoners of war and protected by the
Third Geneva Convention. In any case, they shall enjoy the status of a prisoner of war until
a competent tribunal determines otherwise. 120 OHCHR recalls that prisoners of war must
inter alia be humanely treated, protected against violence or intimidation, and provided
with the medical assistance if needed.
B.
Administration of justice, intimidation and harassment of human rights
defenders
102. On 7 December 2018, a district court in Simferopol sentenced Crimean Tatar lawyer
Emil Kurbedinov, known for defending critics of Crimea’s occupation and alleged
members of organizations, banned in the Russian Federation, to five days of administrative
117
118
119
120
The violations attributable to the Government of Ukraine did not necessarily occur in Crimea itself,
but concern events in mainland Ukraine connected to the situation in Crimea. They are related to
freedom of movement, access to public services, and the right to property.
OHCHR interviews, 27 – 29 November 2018.
Article 4 (A) (1) and 4 (A) (4) of the Third Geneva Convention and Articles 43 and 44 of Additional
Protocol I.
Article 5 of the Third Geneva Convention.
25
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