285. The judicial system remains practically paralyzed. Ukrainian laws will be in effect in
Crimea until 31 December 201471. Nevertheless, the judicial system is already being
transformed to use Russian laws: restriction measures are implemented pursuant to the
Criminal Procedural Code of the Russian Federation, and judicial decisions are adopted in
the name of the Russian Federation. Pending cases that have not been decided by 18 March
2014 must be tried in accordance with the laws of the Russian Federation. This poses
numerous problems in practice, especially in administrative and criminal cases, when
Russian and Ukrainian legislation differs on the existence, nature and scope of rights and
obligations; and remedies and sanctions available. The outcome of court decisions that are
currently being appealed is unclear.
286. There are reports that, at least, 15,000 judicial cases are in legal limbo between Ukrainian
and Russian laws. The Ukrainian “Law on the occupied territories” allows the transfer of
judicial cases from the peninsula to Kyiv. However, in practice, this is unlikely to happen.
The HRMMU notes that the current situation has detrimental consequences affecting access
to justice, the right to fair trial and due process for Crimean residents.
Right to life, liberty and security
287. The Russian Security Service (FSB) confirmed on 30 May, the detention of four Ukrainian
citizens in Simferopol (Crimea), including film-maker Oleg Sentsov. The other three are
Aleksandr Kolchenko, Gennady Afanasiev and Aleksei Chyrnyi. The HRMMU spoke to
Mr. Sentsov’s lawyer who stated that while his client had been arrested on 11 May, he
managed to speak to him for the first time on 27 May. He also claims his client has been
tortured while in detention to confess to criminal intentions he did not have. According to
the FSB press release, the people detained are members of the Ukrainian ‘Right Sector’
party and were planning acts of sabotage and terrorism in Simferopol, Yalta and
Sevastopol. On 6 June, Sentsov was, according to his lawyer, officially charged with
terrorism and arms trafficking under Article 205, Part 2; Article 205.4, Part 2; and Article
222, Part 3 of the Criminal Code of the Russian Federation.
288. On 26 May, Timur Shaimardanov (born in 1980) left his home in Simferopol and did not
return. He had participated in campaigns against Crimea becoming a part of the Russian
Federation. The day before he went missing, he allegedly said that the whereabouts of one
of his friends, Leonid Korzh, (born in 1990) had not been known for 3-4 days. On 30 May,
Seiran Zinedinov, who had been coordinating the efforts to find Korzk and Shaimardanov
also went missing.
289. Mr. Mustafa Dzhemilev, former head of the Crimean Tatar Mejlis (Assembly) who was
banned from the authorities in Crimea to enter the peninsula on 3 May, informed the
HRMMU that the “Crimean police” had brought to his Crimean house a summons for an
interrogation related to illegal possession of weapons. Dzhemilev assumes that this could
be an attempt to initiate a criminal case against him. Ms. Ella Panfilova, Ombudsperson of
the Russian Federation, announced that her office has requested from the relevant
71
Paragraph 2 of Article 23 of the Federal Constitutional Law of 21 March 2014 N 6-FCL “On Acceptance of
the Republic of Crimea into the Russian Federation and the Creation of the New Constituent Entity within the
Russian Federation - the Republic of Crimea and the Federal City of Sevastopol”.
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