A/HRC/45/CRP.8
7.
Torture and ill-treatment by law enforcement officials remained a systemic problem
in Government-controlled territory. OHCHR notes that though the number of investigations
into acts of torture or ill-treatment has increased, their effectiveness remains very low, with
less than two percent of investigations resulting in criminal charges.
8.
OHCHR welcomes the Constitutional Court’s ruling on the unconstitutionality of
article 375 of the Criminal Code, which provides for criminal liability of judges for rendering
“deliberately unjust” decisions. However, concerns persisted that conflict-related criminal
trials are delayed due to the lack of judges resulting inter alia from the dissolution of the
High Qualification Commission of Judges in October 2019. Delays have also continued in
criminal proceedings related to accountability for grave human rights violations. Fair trial
rights were further affected by quarantine measures introduced to prevent the spread of
COVID-19, as it led to the exclusion of observers from courtrooms.
9.
While law enforcement bodies continued to adequately secure assemblies, they
sometimes applied quarantine measures arbitrarily to prevent a variety of protests. OHCHR
is also concerned that attacks by extreme right-wing groups (ERWG) against assemblies and
offices of political parties and political activists and their homes have increased, in the
context of upcoming local elections in October. In territory controlled by self-proclaimed
‘republics’, coal miners were reportedly arrested after protesting delays in salary payments.
10.
OHCHR documented seven incidents affecting four female and five male media
workers, including those undertaking investigations in relation to COVID-19. In territory
controlled by ‘Luhansk people’s republic’, OHCHR observed that fewer critical views were
published on social media following amendments to ‘regulations’ introduced in December
2019. OHCHR also received information that indicates some employees of ‘public
institutions’ of ‘Luhansk people’s republic’ holding Russian Federation citizenship were
asked to justify their failure to participate in the referendum on amendments to the
Constitution of the Russian Federation.
11.
OHCHR documented five attacks against lesbian, gay, bisexual, transgender and
intersex (LGBTI) people and feminist activists, including by ERWG. OHCHR is also
concerned by hate speech directed against LGBTI people, notably online and against
individuals in the street. Roma have also been subjected to hate speech by the authorities and
in the media.
12.
The lack of progress in elaborating a law on the realisation of the rights of indigenous
people and national minorities continues to be of concern.
13.
OHCHR welcomes the adoption of a procedure to facilitate voting by internally
displaced people (IDPs) and internal labour migrants, although the Parliament’s recent
adoption of amendments to the Electoral Code, which entered into force less than 100 days
before local elections, gives little time to authorities and voters to adjust to the new
regulations.
14.
OHCHR monitored the impact of COVID-19 on the economic and social rights of
those most affected by the pandemic. Groups that are in particularly vulnerable situations
include Roma communities; older persons and persons with disabilities living in long-term
care facilities: persons with disabilities living in the community; and persons living in
homelessness. The rights most affected were the rights to health, work, education and an
adequate standard of living. Women were also disproportionally affected by the pandemic.
15.
In the Autonomous Republic of Crimea, and the city of Sevastopol, temporarily
occupied by the Russian Federation6 (hereinafter Crimea), courts continued to pass
judgments in apparent disregard of fair trial guarantees. Freedom of religion of different
religious groups, notably Jehovah’s Witnesses, was also affected by the application of
Russian Federation legislation in the occupied territory, contrary to international
humanitarian law.
6
4
General Assembly resolution 73/263, Situation of human rights in the Autonomous Republic of
Crimea and the city of Sevastopol, Ukraine, A/RES/73/263 (22 December 2018), para. 11.
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