A/HRC/44/53/Add.22
It is necessary to point out that it is characteristic of the investigation of violent crimes
motivated by intolerance that such a penal qualification of the actions of a suspected person
is not always possible at the stage of the start of a pre-trial investigation. It is possible only
from the moment the suspect is identified, that is, from the moment of notification of the
suspicion, since the motive of the crime is an element of the subjective side of the crime, the
proof of which is practically impossible without the suspect.
At the same time, we inform that the Central Investigation Department does not provide for
and does not keep records of criminal proceedings for certain categories of criminal offenses
committed against LGBTI representatives in the temporarily occupied territories of Ukraine.
However, in case the National Police receives statements and reports of violations of the
rights of citizens on the grounds of sexual orientation, including those that took place in the
temporarily occupied territories of the Crimean peninsula, Donetsk and Luhansk regions,
such facts must be registered in the Unified Register of the pre-trial investigations in
accordance with the provisions of Article 214 of the Code of Criminal Procedure of Ukraine.
Further investigation by the National Police investigators of those or other criminal offenses
committed in the temporarily occupied territories is carried out on the general basis of the
criminal procedural legislation taking into account the current situation in the occupied
territories.
We also inform that the National Police officers are constantly taking measures to avert and
prevent violence against LGBTI representatives by extreme right-wing groups, homophobic
and transphobic crimes, harassment or attacks on LGBTI representatives, disruptions or
prevention of LGBTI activities, public meetings, educational and memorial events, as well
as private meetings targeted at a specific audience.
Thus, in the proceedings of the Investigative Department of the Directorate General of the
National Police in Vinnytsia region there are materials of criminal proceedings, the
information about which was included in the Unified Register of the Pre-trial Investigations
on February 1, 2020 No. 12020020000000046 on the grounds of a criminal offense under
Part 3 of Article 171 of the Criminal Code of Ukraine and No. 12020020000000045 on the
grounds of a criminal offense under Part 2 of Article 296 of the Criminal Code of Ukraine,
on the fact of obstruction of a training for bloggers and journalists on media coverage of
certain topics related to sexual minorities, which took place on February 1, 2020 in the
premises of the Podillya Hotel in Vinnytsia.
A group of unidentified persons, two of whom were wearing balaclavas, having stormed into
the hotel premises, in an unlawful manner impeded the legitimate professional activities of
journalists and committed hooligan actions, dousing one of the participants of the training
with unidentified substance and showering him with feathers.
A pre-trial investigation into this fact is under way.
It should be also noted that the National Police established cooperation with the organizers
of the LGBTI marches to take joint actions aimed at preventing violations of public security
and order during their conduct, which, in turn, is positively assessed by the Independent
Expert.
As far as the issue of isolated cases of attacks on participants of marchers after their conduct
is concerned, we inform you that the perpetrators of unlawful acts against representatives of
the LGBTI community have been identified, and the relevant criminal proceedings have been
initiated.
We also inform you that the LGBTI march in Kryvyi Rih was canceled by its organizers in
connection with the holding of the snap elections of Ukrainian people’s deputies.
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