where the fighting is ongoing and casualties have been reported. This raises concerns about
the security of such corridors to ensure safe passage for those wishing to flee the hostilities.
The armed groups have obstructed the international investigation into the crash of the
Malaysian Airlines flight MH17 that on 17 July killed all 298 passengers on board, despite an
order by the President of Ukraine to implement a 40 kilometre ceasefire zone around the crash
site, which is under the control of armed groups. Sporadic fighting made it impossible for
international investigators to properly conduct their search, which had to be suspended on 6
August.
In addition to the fighting, armed groups continued to commit killings, abductions, physical
and psychological torture, ill treatment, and other serious human rights abuses and violations
of international humanitarian law continued to be committed by the armed groups. It is
unknown how many people remain in captivity, although it is estimated to be, at least, 468
people as of 17 August: some have been released by Ukraine forces as they regained control of
territory; others have been released through negotiation, including through an exchange of
detainee process, the payment of ransom or other means.
The HRMMU also received reports of human rights violations committed by territorial
battalions under the Ministry of Defence or special battalions under the Ministry of Internal
Affairs. This includes cases of arbitrary detention, enforced disappearances and torture.108
Allegations of such activities by these volunteer battalions must be investigated and the
perpetrators held accountable. In addition, the relevant Ministries should exercise more control
over these volunteer battalions, in particular instructing them in international humanitarian
law.
Everyone is reminded that efforts will be made to ensure that “anyone committing serious
violations of international law including war crimes will be brought to justice, no matter who
they are.”109
The Ukrainian forces increased operations to arrest people it allegedly suspects of subversive
or terrorist activity, both in the east and in other regions of Ukraine. The Security Service of
Ukraine and police have detained more than 1,000 people in the Donbas region, as of 16
August, because of “irrefutable evidence of their participation in terrorist activities.”110 The
procedural rights of these people have not always been observed and there are reports of illtreatment during arrest or while in custody.
Parliament approved three laws during its 12-15 August session that would significantly
expand the powers of law enforcement bodies in relation to the security operation in the east.
These include laws to expand the powers of the prosecutor and extending the period of
preventive detention of suspects, which appear to be in conflict with international human
rights standards, and to restrict the rights of due process and presumption of innocence. While
acknowledging that security measures might require the adoption of specific provisions
limiting certain guarantees, they must always be consistent with the norms, standards and
procedures of international law.111
A new round of peace talks initiated by the President of Ukraine was held in Minsk on 31
July, with representatives of Ukraine, the Russian Federation and the armed groups, under the
auspices of the Organization for Security and Cooperation in Europe (OSCE). Agreement
appeared to have been reached on securing safe access for the international investigators to
reach the Malaysian Airlines crash site and on the release of a “sizeable number” of persons
108
Reported to HRMMU by a Ukrainian human rights organization on 30 July 2014.
Statement by the UN High Commissioner for Human Rights, 28 July 2014.
110
Statement of Colonel Andrii Lysenko, spokesperson for the Information-Analytical Center of the National
Security and Defense Council of Ukraine, 3 August 2014.
111
Report of the Working Group on Arbitrary Detentions,E/CN.4/2004/3.
109
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