A/HRC/45/CRP.8A/HRC/45/CRP.8
amongst 121 lawyers, 48 COVID-19 restrictions made it more difficult to access court
registries, to hold confidential meetings with clients held in detention and increased delays
in trials (see below).
71.
Journalists complained49 to OHCHR that after the Government partially lifted
quarantine restrictions in May 2020, many courts continued to ban the presence of observers
in courtrooms, even in cases where conditions allowed for safe physical distancing.
B.
Accountability for killings and violent deaths
1.
Accountability for grave human rights violations perpetrated in the context of armed
conflict
72.
During the reporting period, OHCHR observed almost no progress in criminal
proceedings related to accountability for grave human rights violations allegedly perpetrated
by members of Ukrainian forces.
73.
In this regard, OHCHR notes a court decision on compensation for non-pecuniary
damage for the killing of a civilian on 22 October 2014 in Mariupol.50 While establishing that
the perpetrators belonged to a special police regiment, the investigation into the killing failed
to identify specific responsible individuals. After almost five years of ineffective
investigation, the mother of the victim filed a civil claim against the Ministry of Interior as
the body responsible for the actions of the regiment. The court awarded the victim 250 000
UAH (approx. $9 500) for non-pecuniary damage caused by the violation of her right to an
effective remedy due to the ineffective investigation. At the same time, the court rejected her
claims for compensation for damages caused by the killing of her son, concluding that it
could not be ordered in any type of proceedings pending the conclusion of the investigation.
OHCHR reiterates its call for the Government to ensure effective investigation into all cases
of grave human rights violations, irrespective of the affiliation of the perpetrators.
48
49
50
The survey was conducted in May 2020 and the respondents described the situation mainly during the
period of late March – early May 2020, when the most severe quarantine restrictions were in force.
OHCHR interviews, 26 June 2020, 8, 9 and 16 July 2020.
Decision of the Pecherskyi district court in Kyiv of 7 May 2020 in case No. 757/33629/19-ц.
19
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