48.
On 27 April in Donetsk, approximately 500 protesters demanded a referendum on the
status of the Donetsk Region and to release those detained by the Ukrainian authorities,
including Pavel Gubarev (former self-proclaimed Governor of the Donetsk region). It was
from this demonstration that protesters then moved to the building of the State TV-Radio
company “Donbass”. Having been joined by a group from the movement “Oplot”, the
protesters stormed the building demanding the re-launch of the broadcasting of Russian TV
channels.
49.
On 27 April, in Kharkiv opposing activists organised meetings in nearby squares. On
the main square, 500-600 protesters gathered, while at the same time another group supporting
the unity of Ukraine rallied in a slightly larger number on a neighbouring square. Two groups
of football fans from Kharkiv and Dnipropetrovsk joined the pro-Ukrainian gathering. As the
latter marched towards the football stadium, clashes erupted despite the efforts of the police to
separate the two groups. As a result, 14 people were injured, including two police officers.
Protesters in the main square tried to build a tent settlement on the main square (Freedom
square) in Kharkiv but were prevented from doing so by the police. Criminal proceedings
were started under article 294 (Riots). As of 5 May, no one was charged or detained.
50.
On 28 April, participants of a peaceful rally in support of Ukraine’s unity in Donetsk
were attacked and violently beaten by the supporters of the self-proclaimed “Donetsk People’s
Republic”, who were armed with metal sticks, noise grenades, baseball bats and pistols, while
the police was reluctant to prevent the clash. As a result, two persons were hospitalised,
dozens wounded, and five participants of the rally (reportedly students) were abducted and
held in the local office of the Party of the Regions; they were released the next day.
51.
The most tragic of all incidents occurred in Odesa on 2 May where what was initially a
rally spiralled into violent clashes and a fire, which claimed 46 lives.25
52.
While article 64 of the Constitution provides for the freedom of peaceful assembly,
there is no law that regulates the conduct of such assemblies.26 The HRRMU has observed that
this gap in the legislative framework creates confusion, irregularities and an ad hoc approach
to policies and practices that regularize and manage peaceful assemblies. These include: the
organisation/preparation of a peaceful assembly; cooperation with the police during a peaceful
assembly; the terms of notification for a peaceful assembly; the appeal procedure when an
assembly is rule to be prohibited.
25
See below under section IV. E.
According to Article 39 of the Constitution of Ukraine citizens have the right to assemble peacefully without
arms and to hold meetings, rallies, processions and demonstrations, upon notifying in advance the bodies of
executive power or bodies of local self-government. This provision is the only legislation in Ukraine that governs
the exercise of the right to peaceful assembly. A draft law on peaceful assembly is currently included on the
Parliamentary agenda.
26
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