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