under Article 294 of the Criminal Code. He is currently detained in a pre-trial detention
centre. On 18 May, a “Pro-Unity” activist was arrested, accused of firing at, and injuring
several people in the city centre on 2 May, including police officers, “Pro-Federalism”
activists and journalists. He was first transferred to the Investigation Department of
Odesa Regional Police Office, before being transferred to Kyiv. He is accused under
Article 115 (Murder) and Article 294-2 (Mass riots) of the Criminal Code and on 21
May, he was placed under house arrest in Odesa by the Kyiv Pechersky District Court.
58.
Of the arrests conducted between 2 May and 3 June, in connection with the
investigations into the 2 May violence, 13 persons remain in pre-trial detention centres
under the Penitentiary Services (either in Vinnitsa, Odesa or Kyiv) charged with one or
more of the following six articles of the Criminal Code: Article 115/1 (Intentional
homicide); Article 194/2 (Intentional destruction or damage of property); Article 294/2
(Mass riots/unrest); Article 296 (Hooliganism); Article 341/2 (Capturing of the state or
public buildings or constructions); and Article 345 (Threat or violence against law
enforcement officer).
59.
In addition, reportedly 40 people were placed under house arrest in Odesa charged with
the following articles of the Criminal Code: Article 115/1 (Intentional homicide); Article
194/2 (Intentional destruction or damage of property; Article 294/2 (Mass riots/unrest);
Article 296 (Hooliganism); Article 341/2 (Capturing of the state or public buildings or
constructions); and Article 345 (Threat or violence against law enforcement officer).
60.
Two cases concerning “Pro-Unity” activists suspected of shooting and killing persons
during the 2 May violence, were heard by the Pechersky District Court of Kyiv,
following the arrest of two suspects on 18 and 26 May. Both were given house arrest;
both are charged under Article 294 (Mass riots), and one has been additionally charged
under Article 115 (Murder) of the Criminal Code.
Due process rights during, and after, the 2 May violence
61.
The HRMMU visited detainees held in the pre-trial detention centre in Odesa. The
Penitentiary Services administration fully cooperated with the HRMMU and granted
access to several detainees (including one female) with whom private interviews were
carried out. The detainees did not complain about their conditions of detention or
physical treatment in the pre-trial detention centre in Odesa. They confirmed they were
able to meet privately with their lawyers.
62.
The HRMMU also met with lawyers, victims, witnesses, detainees and relatives with
regard to the 2 May violence. It also held numerous meetings with the Ombudsperson’s
team, as well as representatives of law enforcement agencies, mass media, local
politicians and officials, activists and local officials. Through its monitoring, the
HRMMU has identified various human rights concerns with regard to the on-going
criminal investigations, which include some of the following.
80 | P a g e
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