A/HRC/27/75
created by the armed groups in an attempt to exercise some form of control over public
functions.
11.
On 25 May 2014, presidential elections were held in Ukraine; but in most of the
districts in the Donetsk and Luhansk regions, citizens were prevented from exercising their
right to vote by armed groups of the self-proclaimed Donetsk and Luhansk “people’s
republics”. With an escalation in hostilities in urban areas between heavily armed men —
including foreign fighters — and law enforcement and security operations undertaken by
the Government, violence escalated, leading to grave violations of human rights and
international humanitarian law.
12.
Following the announcement of a peace plan by the new President of Ukraine, Petro
Poroshenko, on 20 June 2014, the Government implemented a 10-day ceasefire, which,
however, has reportedly been breached at least 108 times, with casualties among Ukrainian
soldiers and civilians. During the months of June, July and August, violence and fighting
intensified in the Donetsk and Luhansk regions, including around the city of Mariupol. On
5 September 2014, the Trilateral Contact Group on Ukraine, meeting in Minsk, signed the
Minsk Protocol, which included a ceasefire agreement to be implemented immediately and
a 12-point peace plan.
V. Particular human rights challenges in eastern Ukraine
13.
As documented by the Human Rights Monitoring Mission in Ukraine, the rule of
law was replaced by the rule of violence in the Donetsk and Luhansk regions, where the
regional governments ceased to function effectively, as did the police and judiciary. Banks
were robbed, coal mines were attacked, with many forced to close. Railways were blown up
and salaries, pensions and other social welfare payments were stopped in places under the
control of the armed groups.
14.
Most importantly, the intensification of hostilities led to a dramatic increase in
casualties. The sharp increase in civilian casualties over the past month was largely due to
the intensified fighting, including the use of heavy weaponry and indiscriminate shelling in
densely populated areas. Given the presence of an increasing number of foreign fighters,
including citizens of the Russian Federation, who were allegedly “former servicemen” or
active duty personnel on “leave”, sophisticated and heavy weaponry — including tanks,
artillery and missiles in areas of the Donetsk and Luhansk regions seized by the armed
groups —, and the security operations undertaken by the Government, the Human Rights
Monitoring Mission in Ukraine registered an average of at least 11 persons killed daily
between mid-April and mid-July 2014, and an average of 36 persons per day in the period
from 16 July to 17 August 2014. As of 3 September 2014, at least 2,905 people (including
28 children) were estimated to have been killed and 7,640 wounded (not including the 298
victims of the Malaysian Airlines-MH 17 plane crash) since mid-April 2014.
15.
In that context, the principles of international humanitarian law in the conduct of
hostilities, including the principles of necessity, distinction, proportionality and precaution
should be recalled and respected in order to ensure the protection of civilians. There is need
for accountability for the crimes committed. Indeed, no matter who the perpetrators or the
victims are, every effort must be made to ensure that anyone who has committed serious
violations of international law is brought to justice. That is essential in order to overcome
divisions and pave the way for reconciliation.
16.
Furthermore, the armed groups continued to carry out abductions, physical and
psychological torture, ill-treatment and other serious human rights violations. People were
abducted for ransom, for forced labour and to be exchanged for fighters held by the
Ukrainian authorities. As of the issuance of the present report, the number of people held by
5
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