A/HRC/44/53/Add.1 C. Attacks against public events and assemblies 49. The Independent Expert notes that, despite the risks, civil society members remained determined to assemble and express themselves through events in public spaces. Over the past few years, this has led to attacks by extreme right-wing groups throughout the country and, initially, to police responses that ranged from inadequate to simply non-existent. 50. In 2019, KyivPride, KharkivPride and OdesaPride events were celebrated without major security incidents, with police securing the assemblies and their participants. In Kharkiv and Kyiv, however, law enforcement failed to provide sufficient security before and after marches, resulting in several attacks on participants and those perceived as such by perpetrators. In addition, smaller events organized by the lesbian, gay, bisexual, trans and gender diverse community have frequently been disrupted by extreme right-wing groups, which acted with impunity. A smaller march in Kryvyi Rih had to be cancelled after the police stated that it would not be able to provide security for the participants. 51. The violence reported during attacks by extreme right-wing groups has included forceful entry into places of assembly, destruction of property, attacks by smoke grenades or gas, and beatings. Participants and police officers have suffered significant damage, including spray burns and other injuries; it is also possible that these groups, communities and individuals may suffer long-lasting psychological damage and mental health issues. Most importantly, the violence has caused both a fracture in the trust that the community has in the State and the police, and a chilling effect in communities and among persons that wish to exercise their right to freedom of peaceful assembly and expression. The Independent Expert was indeed informed that some activists decided not to organize all the festivals of equality foreseen throughout the country, fearing attacks by extreme right-wing groups. 52. The Independent Expert is of the opinion that the problem does not lie with the legislation – the Constitution guarantees the right to peaceful assembly – but rather the implementation of it. In this regard, he notes a positive trend in the reported response of the authorities, apparently owing to the unprecedented and effective security measures taken by the police with the direct involvement of the senior management of the Ministry of Interior. Among the measures taken, the Independent Expert commends in particular the enhanced cooperation with civil society organizations prior to events, the identification of tolerance contact points and the training of police to increase their awareness, sensitivity and tolerance. 53. The Independent Expert believes that public statements in support of major lesbian, gay, bisexual, trans and gender diverse events and the participation of elected and State officials in pride marches are important, as they send a strong message of support and inclusion. He welcomes, in this regard, the publication, by the President’s Office of a post on social media on the eve of the equality march in Kyiv in June 2019, stating that the President was the guarantor of the rights and freedoms of all Ukrainian citizens, and calling on the National Police of Ukraine to ensure the safety of all Ukrainians in the days of the equality march. He also welcomes the call for tolerance issued by the Deputy Mayor of Kyiv, and the participation and support of representatives of the State Office for Public Health, the Deputy Minister of Economic Development and military offices at the 2019 KyivPride equality march. 54. For the first time, in 2019, a group of lesbian, gay, bisexual, trans and gender diverse veterans and soldiers openly participated in KyivPride with the message that lesbian, gay, bisexual, trans and gender diverse persons were among those fighting against separatists and Russian forces in the east of Ukraine. The Independent Expert welcomes such an initiative, which plays an important role in countering the nefarious rhetoric that try to portray lesbian, gay, bisexual, trans and gender diverse persons as anti-patriotic. He notes with concern, however, that two of the military personnel who participated in the KyivPride events were subsequently attacked on the basis of their sexual orientation, in separate incidents. He notes that a criminal investigation has been initiated and welcomes the fact that it takes into account the hate motives of the attack. 11