A/HRC/45/CRP.8A/HRC/45/CRP.8
16.
During the reporting period, OHCHR worked to increase Ukraine’s capacity to ensure
a human-rights based approach to mitigating the impact of the pandemic. OHCHR also
continued its technical cooperation efforts with various national actors, such as ministries,
the Parliament, courts, the Ombudsperson institution, the military and law enforcement, and
civil society including human rights defenders.
17.
While OHCHR enjoyed unimpeded access to places of detention in territory
controlled by the Government, OHCHR operations in territory controlled by the selfproclaimed ‘republics’ have been severely restricted since June 2018 despite ongoing
discussions. The continued denial of access to detention facilities, despite repeated requests,
prevents OHCHR from monitoring the treatment of detainees and detention conditions. This
is particularly concerning given the widespread nature of credible allegations of torture and
ill-treatment. OHCHR reiterates its call for independent international observers, including
OHCHR, to have unimpeded, confidential access to places of detention and detainees.
18.
The report concludes with targeted recommendations aimed at improving the overall
human rights situation in Ukraine.
II. OHCHR methodology
19.
The report is based on information gathering during 128 field visits, five visits to
places of detention, 77 trial hearings, 58 assemblies and 9067 interviews with victims and
witnesses of human rights violations, as well as relatives of victims and their lawyers,
Government representatives, members of civil society and other interlocutors. It also draws
from information obtained from court documents, official records, open sources and other
relevant material. Findings are based on verified information collected from primary and
secondary sources that are assessed as credible and reliable. They are included in the report
where the “reasonable grounds to believe” standard of proof is met, namely where, based on
a body of verified information, an ordinarily prudent observer would have reasonable
grounds to believe that the facts took place as described and where legal conclusions are
drawn, that these facts meet all the elements of a violation. While OHCHR cannot provide
an exhaustive account of all human rights violations committed throughout Ukraine, it
obtains and verifies information through a variety of means in line with its methodology, and
bases its conclusions on verified individual cases.
20.
OHCHR applies the same standard of proof when documenting conflict-related
civilian casualties.8 In some instances, documenting conflict-related civilian casualties may
take time before conclusions can be drawn, meaning that numbers of civilian casualties are
revised as more information becomes available. OHCHR applies the “reasonable grounds to
believe” standard in attributing a civilian casualty to a particular party based on the
geographic location where it occurred, the direction of fire, and the overall context
surrounding the incident.
21.
Information in this report is used in full respect of informed consent by all sources as
to its use as well as OHCHR’s assessment of any risk of harm that such use may cause. This
may entail removing identifying details to ensure the confidentiality of sources.
22.
The report also draws on engagements undertaken by Ukraine to implement the
Sustainable Development Goals (SDGs) stemming from the UN Sustainable Development
Summit in September 2015 (see image below).
7
8
With 439 men and 467 women. This number is significantly higher than previous reporting periods as
it covers six months of HRMMU work rather than three months, and includes interviews conducted in
the context of COVID-19, which led HRMMU to cover new issues related to economic and social
rights in an intensive manner.
See OHCHR, Report on the human rights situation in Ukraine, 16 February to 15 May 2019, para.
20, available at www.ohchr.org/Documents/Countries/UA/ReportUkraine16Feb-15May2019_EN.pdf.
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