A/HRC/43/CRP.5 physically attacked him. Police initiated a criminal investigation which takes into account the hate motives of the attack during the classification of the case. 74 OHCHR welcomes this classification, and calls for an effective investigation and prosecution. 85. OHCHR is concerned that, both before and after the KharkivPride march on 15 September 2019, four men, allegedly, perceived to be members of the LGBTI community based on their clothing, were brutally attacked by people affiliated with extreme right-wing groups in the presence of police. The police failed to both adequately protect the victims and apprehend the attackers. Furthermore, police only initiated a criminal investigation into one of the attacks involving one of the victims, despite video and photo footage of all the attacks being widely available online. Furthermore, the investigation does not take into account the hate motive of the attack. 86. OHCHR has been informed that due to fear of retaliation in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, organisations and civil society activists representing the LGBTI community refrain from public appearances, advocacy or holding public events aimed at raising awareness of LGBTI rights. Outspoken members of the LGBTI community have had to leave the territory due to fear of persecution. F. Language rights 87. Noting the visit of the Venice Commission to Ukraine in October 2019,75 OHCHR reiterates its concerns previously raised regarding legislation on language rights. 76 OHCHR remains ready to provide support to the Government in the development of the draft law on the realisation of the rights of indigenous peoples and national minorities of Ukraine, to address, as a matter of priority, the gap in national legislation on language policy. 88. The adoption of such legislation will support Ukraine’s commitment under SDG 10 to prevent manifestations of discrimination in society.77 74 75 76 77 In the past, such attacks would be classified under “hooliganism” without mention of Article 161 of the Criminal Code – “violation of equality of citizens based on their race, national and religious affiliation”. On 24-25 October 2019, a delegation of the Venice Commission visited Kyiv in the framework of the preparation of the draft opinion on the Law “On Ensuring the Functioning of Ukrainian as the State Language”. The draft opinion, requested by the Chairperson of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe, is on the agenda of its plenary session on 6-7 December 2019. OHCHR, Report on the human rights situation in Ukraine, 16 May to 15 August 2019, paras. 98-100. See Ministry of Economic Development, Trade and Agriculture’s Sustainable Development Goals: Ukraine – 2017 Baseline Study, p. 76. 25