76.
The authorities of Ukraine can legitimately claim they have a duty to restore law and
order, including, if necessary, by resorting to force. In any law enforcement operation
security forces must act proportionally to the threat and must at all times respect the right to
life. In addition, in the conduct of hostilities all those involved in the hostilities must
comply with principles of distinction, proportionality and precautions. This is particularly
important in an environment in which armed groups and civilians are inter-mingled.
77.
The use of heavy artillery and aviation, in particular, have increased the risks to civilians
and caused casualties. It is essential that the authorities conduct full and impartial
investigations of all incidents where civilians may have lost their lives or have been injured
by the Ukrainian forces since the launch of the security operation. Remedies must be
available to victims, if the damage to their property was done illegally.
78.
The Ukrainian forces have regained several areas formerly controlled by armed groups
since 5 July; it is essential to ensure that no reprisals are applied against civilians. The
questioning of people and verification of information conducted by Ukrainian forces in
areas, formerly controlled by the armed groups, must at all times uphold the presumption of
innocence and respect human rights and human dignity80. The Government needs to
provide information on how these activities are conducted and what human rights
guarantees are attached to this process. The HRMMU stresses the paramount importance to
uphold the right to life and ensure protection against arbitrarily deprivation of liberty, in
accordance with Ukraine’s obligations under the International Covenant on Civil and
Political Rights (ICCPR) and other international instruments.
79.
There are disturbing reports of cases, including journalists, politicians and of people
allegedly supporting the armed groups, of having been arrested by the Ukrainian forces but
whose whereabouts could not be ascertained for a long period of time or are still not
known. These cases constitute a violation of the right to liberty and security, which implies
a prohibition of arbitrary arrest or detention, and of the ‘minimum guarantees’, such as the
right to a counsel, that every person deprived of liberty is entitled to benefit from under
international human rights law.
B. Constitutional amendments
80.
On 2 July, the Parliament registered a draft law (№ 4178а) initiated by the President of
Ukraine, proposing to amend the Constitution of Ukraine.
81.
According to this document, Ukraine is to be divided into regions, districts and
communities, based on the principles of unity, integrity and decentralization. Local selfgovernment institutions with legislative and executive functions are to be created and local
state administrations abolished. Representatives of the President are to be appointed at local
level and entrusted with powers to suspend local decisions deemed to be in violation of the
constitution. The draft mentions that the division of power between the different levels of
self-governance is based on the principle of subsidiarity and that the President can revoke
the powers of the local self-government institutions. The provisions regulating selfgovernment institutions in Ukraine also apply to Crimea, but the function of the
representative of the President in Crimea is abolished. Other new provisions include the
possibility to grant “special status” to the Russian language and languages of other national
minorities at the level of villages, towns, districts and regions; increasing the powers of the
parliament to initiate or approve appointment of ministers and heads of state institutions;
80
In accordance with Article 10 of International Covenant on Civil and Political Rights (ICCPR) for detainees as
well as the prohibition of torture and ill-treatment under Article 7 of ICCPR.
146 | P a g e
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