- On 13 March, the Pechorski District Court of Kiev placed Mr. Hennady Kernes, Mayor
of Kharkiv, under house arrest under three articles of the Criminal Code. However, Mr.
Kernes believes that he is a victim of selective justice due to his political views;
- On 10 March, the police arrested Mr. Mikhail Dobkin, former Governor of Kharkiv,
allegedly on suspicion of a crime under article 110 (2) of the Criminal Code of Ukraine
(“Offence against the territorial integrity and the inviolability of borders of Ukraine,
committed by an individual in his capacity as a State official”).
71.
The delegation was unable to obtain further clarification on the aforementioned cases,
although Mr. M. Dobkin was eventually released. Irrespective of the actual facts of these
specific examples, it will be important, in particular in the preparation of the 25 May elections,
to ensure free communication of information and ideas about public and political issues
between citizens, candidates and elected representatives. This implies a free press and other
media able to comment on public issues without censorship or restraint and to inform public
opinion.
72.
New restrictions on free access to information came with the beginning of the Crimea
crisis. Media monitors indicated a significant raise of propaganda on the television of the
Russian Federation, which was building up in parallel to developments in and around Crimea.
Cases of hate propaganda were also reported. Dmitri Kiselev, Russian journalist and recentlyappointed Deputy General Director of the Russian State Television and Radio Broadcasting
Company, while leading news on the TV Channel “Rossiya” has portrayed Ukraine as a
“country overrun by violent fascists”, disguising information about Kyiv events, claimed that
the Russians in Ukraine are seriously threatened and put in physical danger, thus justifying
Crimea's “return” to the Russian Federation. On 6 March, analogue broadcasts of Ukrainian
television channels (notably Ukraine's First National Channel, Inter, 1+1, Channel Five etc.)
were shut off in Crimea, and the vacated frequencies started broadcasting Russian TV
channels. On 12 March, Ukrainian broadcasters blocked three leading television channels –
the 1 Channel, NTV and Rossia TV - in Kyiv and other locations in Ukraine. As a result, there
are serious concerns that people – both in Russia and Ukraine and especially in Crimea – may
be subject to propaganda and misinformation, through widespread misuse of the media,
leading to a distortion of the facts. OHCHR shall analyse the recent decision of the Kyiv
District Administrative Court to suspend broadcasting by First Channel, Worldwide Network,
RTR Planeta, Rossiya 24 and NTV Mir, in line with applicable provisions against advocacy of
national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence. During the month of March 2014, in several regions, the authorities have reacted to
anti-Government protests and attempts to forcefully take over administrative buildings by
detaining perpetrators. In some cases, persons were charged under the Criminal Code article
sanctioning offences against the territorial integrity and inviolability of the borders of Ukraine
(articles 110). There is concern that this article may sometimes have been used to restrict
freedom of speech. On 22 March the local police in Donetsk arrested Mikhail Chumachenko,
described as the leader of the "Popular Militia of the Donbas". Material is reported to have
been seized demonstrating Chumachenko’s intention to take over the regional administration
building and proclaim himself the ‘people’s governor’. In addition to being charged for
attempting to forcefully overthrow the authorities and/or the constitutional order (article 109
of the Criminal Code), he was also charged under article 110.
C. Incitement to hatred, discrimination or violence
17 | P a g e
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