A/HRC/44/53/Add.1
and gender diverse persons, beat them up, humiliate them, film the event and extort them or
upload footage to the Internet.
35.
Members of the extreme right-wing groups (such as C14, Right Sector, National
Corps, Tradition and Order, Katekhon, Carpathian Sich and others) have consistently tried
to disrupt or prevent lesbian, gay, bisexual, trans and gender diverse events, public
assemblies, educational and commemorative events and, most recently, even private
meetings targeted to specific audiences, often resorting to violent means. The Independent
Expert is concerned that the lack of effective investigations by law enforcement officials
into attacks on such events and outspoken members of the community result in impunity
and fuels further violence – sending a signal that hatred and violence against lesbian, gay,
bisexual, trans and gender diverse persons is acceptable.
V. Violence
A.
Institutional violence
36.
Non-governmental actors expressed concern at abuses by law enforcement
personnel. They have recorded 96 cases since 2016, most of them related to the refusal by
police and investigators to take into consideration and to record homophobic or transphobic
motives of crimes or the qualification of the crimes as lesser offences, delays in
investigation and homophobic and unprofessional behaviour towards lesbian, gay, bisexual,
trans and gender diverse victims. Other complaints pertain to the lack of effective
protection of participants in peaceful assemblies, blackmail, threats of disclosure or
disclosure of confidential information by police officers, arbitrary detention, ill-treatment,
extortion of bribes for release and insults, threats and humiliation. 16 However, civil society
actors note that, since 2016, the attitude of the reformed Ukrainian police has substantially
changed and that the treatment of the lesbian, gay, bisexual, trans and gender diverse
community in the provision of services and protection has improved, in particular in Kyiv.
Positive changes have been particularly striking in the management of events and peaceful
demonstrations.
B.
Hate crimes
37.
Lesbian, gay, bisexual, trans and gender diverse persons have seen a deterioration of
their security situation since 2014, with an increase in the number of serious crimes
committed against them, such as murder and grievous bodily harm, the use of explosives
and attacks on lesbian, gay, bisexual, trans and gender diverse organizations and events.
Equality marches and public gatherings organized by the community have been particularly
targeted by extreme right-wing nationalist groups, which consistently tried to disrupt these
events, often resorting to violent means.17
38.
Human rights defenders, especially those working on the human rights of lesbian,
gay, bisexual, trans and gender diverse persons and women’s equality, have seen a sharp
surge in violent attacks against them throughout 2018.18 This trend seems, unfortunately, to
have continued in 2019 with data showing that approximately 30 per cent of incidents
targeting human rights defenders were committed against activists in these areas.19
39.
Data collected by non-State actors for the first half of 2019 suggest a slight decrease
in the violence suffered by lesbian, gay, bisexual, trans and gender diverse persons and in
attacks on lesbian, gay, bisexual, trans and gender diverse events, perhaps due to police
16
17
18
19
8
Nash Mir Center, Overcoming Obstacles: LGBT Situation in Ukraine in 2018 (Kyiv, 2019).
Ibid.
Amnesty International, “Ukraine: human rights under pressure, their advocates under attack”, public
statement, 8 February 2019.
See https://zmina.ua/content/uploads/sites/2/2020/04/situationofhumanrightsdefendersinukraine
2020_briefen_web.pdf
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