A/HRC/45/CRP.8
afford smartphones. Because those seeking to cross could not always comply with the various
requirements and the ‘operational headquarters’ issued a very limited number of permissions,
dozens of people were forced to spend nights in the open air in front of, or near, EECPs, and
thousands of other people with pressing humanitarian needs, especially those without
registration in Government-controlled territory, were prevented from crossing. An additional
concern was an obligation, imposed by representatives of ‘Donetsk people’s republic’, for
those crossing to Government-controlled territory to sign a document saying that they would
not return until the epidemiological situation improves. Those who signed have been unable
to return to armed group-controlled territory, forcing them to remain on Governmentcontrolled territory without certainty as to when they will be able to return.
50.
Since mid-April, OHCHR together with other UN agencies and international and
national partners has been advocating with the Government and self-proclaimed ‘republics’
for the safe and progressive easing of movement restrictions, and on the facilitation of quick,
safe and dignified crossings of the contact line by those with pressing humanitarian needs
until the epidemiological situation allows for the full re-opening of EECPs.
51.
OHCHR is also concerned that the cancellation of local public transport during the
strict quarantine rendered access to basic services by residents along the contact line more
difficult. For example, residents of Government-controlled Hnutove and Pyshchevyk villages
(Donetsk region) had to walk about seven kilometres to access food shops and healthcare in
other villages.24
3.
Right to social security
52.
OHCHR regrets that the law to de-link payment of pensions from IDP registration,25
is yet to be adopted. At the same time, OHCHR notes with appreciation that, in the context
of the COVID-19 pandemic, the Government did not oblige IDP pensioners to undergo
identification checks every second month (as normally required) to be able to receive their
pensions, and that pension arrears are accumulated in pensioners’ bank accounts. OHCHR
also welcomes a decision by the Supreme Court recognizing the right of an individual
residing in territory controlled by self-proclaimed ‘republics’ to a pension.26
IV. Right to liberty and security of persons
“I don’t ask anything for myself; just help my father, who is detained by the
armed groups. I have no idea of his whereabouts.”
A female IDP from Odesa whose father was detained in territory controlled by ‘Donetsk
people’s republic’ in December 2019.
A.
Access to places of detention
53. During the reporting period, OHCHR continued to enjoy unimpeded access to official
places of detention in Government-controlled territory, allowing for confidential interviews
with detainees. From 16 February to 31 July 2020, OHCHR interviewed 27 detainees (26
men and one woman) in detention facilities in Bakhmut, Mariupol, Starobilsk and
Zaporizhzhia.
54. In territory controlled by self-proclaimed ‘republics’, OHCHR continued to be denied
access to detainees and places of deprivation of liberty. This was particularly concerning
given the widespread and credible allegations of torture and ill-treatment in a number of
facilities, as well as of detention conditions that do not meet international standards.
24
25
26
14
OHCHR field visit, 13 May 2020.
See OHCHR, Report on the human rights situation in Ukraine, 16 November 2019 to 15 February
2020, para. 39.
Available at www.reyestr.court.gov.ua/Review/88245473.
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