A/HRC/45/CRP.8A/HRC/45/CRP.8
107. OHCHR is further concerned that social services for homeless persons are unevenly
spread across Ukraine because they depend on the good will and funding of local authorities.
While six regions lack municipal shelters for homeless persons, other regions only open their
shelters in winter, or have not accepted new people due to the quarantine. In one region, the
municipal shelter accepts only homeless men, excluding women. Although the shelters have
taken measures to prevent the spread of COVID-19, they often lack the space needed to
enable new arrivals to self-isolate.
VIII. Human rights in the Autonomous Republic of Crimea and
the city of Sevastopol, Ukraine, temporarily occupied by the
Russian Federation89
A.
Administration of justice and fair trial rights
108. During the reporting period, OHCHR documented a pattern of reprisals against
Crimean residents who resisted pressure from Russian Federation law enforcement
authorities and courts in Crimea to incriminate or “sell out” third parties. Courts also
continued to pass judgments in apparent disregard of fair trial guarantees. 90
109. In one emblematic case, on 11 June 2020, a former witness in a Hizb ut-Tahrir trial
was arrested by the Federal Security Service of the Russian Federation (FSB) near Sevastopol
and charged with providing ‘false testimony’, a criminal offence under Russian law.91 In
August 2019, during a court hearing in Rostov-on-Don, he had retracted his pre-trial
statements against a man accused of membership in a terrorist organization and complained
that FSB officers had ill-treated him in their office during the interrogation to obtain
testimony against the defendant. Despite credible allegations of ill-treatment, the court
dismissed the witness’s retraction of his previous testimony, stating that it was intended to
assist the defendant in avoiding criminal liability. The witness is currently facing five years
in prison. No proper investigation of his complaint of ill-treatment has occurred.92
B.
Freedom of religion and belief
110. International human rights law protects the right to have or to adopt a religion or belief
of one’s choice and the freedom, either individually or in community with others, and in
public or private, to manifest one’s religion or belief in worship, observance, practice and
teaching.93
111. During the reporting period, the occupying Power in Crimea continued to apply
Russian Federation anti-extremist laws, commonly referred to as the “Yarovaya package”94,
to the exercise of religious practices.95 These provisions limit the manifestation of one’s
89
90
91
92
93
94
95
For more information on the human rights situation in Crimea, see Report of the Secretary-General on
the Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol,
Ukraine, A/HRC/44/2 (19 June 2020), available from www.undocs.org/en/A/hrc/44/21.
See OHCHR, Human Rights in the Administration of Justice in Conflict-Related Criminal Cases in
Ukraine April 2014 – April 2020, available at www.ohchr.org/Documents/Countries/UA/Ukraineadmin-justice-conflict-related-cases-en.pdf.
On the same day he was released under an obligation not to abscond from justice.
HRMMU interviews, 24 June and 22 July 2020.
International Covenant on Civil and Political Rights, art.18.
Charges are pressed under paragraph 4 (illegal missionary activities) and paragraph 3 (conduct of
activities by religious organizations without indication of the full name, including production of
printed and digital content) of article 5.26 of the Code of Administrative Offenses.
It is recalled that the Russian Federation made wholesale changes to the legal system that was in place
in Crimea before the beginning of the occupation, including by applying the entirety of its criminal
legislation to Crimea. By doing so, the Russian Federation acted in violation of international
humanitarian law (Hague Regulations, art. 43) which requires the occupying Power to take all
measures in its power to restore, and ensure, as far as possible, public order and safety, while
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