A/HRC/43/CRP.5
‘republics’.28 Thus, the new procedure, which has yet to be tested in practice, does not
appear to have any considerable advantages in terms of time and effort over the existing
simplified court procedure, except for the absence of fees. The regulations also do not cover
births and deaths occurring in Crimea, which still require judicial involvement. OHCHR
recalls that birth registration for all is a global SDG target.29
IV. Right to liberty and security of persons
A.
Access to places of detention
43.
OHCHR continued to be denied access to places of detention in territory controlled
by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, and remains gravely
concerned about the treatment of detainees, detention conditions and the lack of
independent oversight in light of credible allegations of human rights violations in these
facilities.
44.
OHCHR continued to be denied access to places of detention in territory controlled
by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, and remains gravely
concerned about the treatment of detainees, detention conditions and the lack of
independent oversight in light of credible allegations of human rights violations in these
facilities.
B.
Killings and extrajudicial executions
45.
During the reporting period, OHCHR received several allegations of killings or
extrajudicial executions in Government-controlled territory and in territory controlled by
‘Donetsk people’s republic’.
46.
For example, on 11 July 2019, a man with a disability residing in armed groupcontrolled Donetsk visited relatives in Government-controlled Konstantynopolske village
(Donetsk region). According to court documents, at least three Ukrainian Armed Forces
(UAF) soldiers arbitrarily detained him due to his alleged membership in an armed group.
They drove him to a forested area where they threatened to execute him. Afterwards, they
drove him to the location of a military unit where they again forced him to confess to his
alleged membership in an armed group. When the perpetrators realized the victims was not
affiliated with the armed groups, they attempted to conceal their crimes; they drove him to
Marinka and shot him dead with at least seven bullets to his head and back. On 2 August,
the victim’s body was found in a sceptic tank on the outskirts of Marinka. On 16 August,
Zhovtnevyi district court placed three UAF soldiers in custody for sixty days. In October,
the Marinskyi district court initiated a trial against UAF soldiers, accused under articles
115-2 (murder), 146-3 (abduction), and 187-2 (brigandism) of the Criminal Code.
47.
In another case, on 16 September 2019, a man released from custody to house arrest
was shot seven times and killed inside his flat in Mariupol by (an) unidentified
individual(s). He was initially detained on 16 September 2017 and charged under article
28
29
The regulations provide for review of documents by a special Commission to be set up jointly by the
Ministry of Health and the Ministry of Temporarily Occupied Territories, which may also involve
representatives of international humanitarian organisations. The Commission will have to issue
conclusions whether medical documents certifying the fact of birth or death issued in territory
controlled by the self-proclaimed ‘republics’ can be used for civil registration no later than the next
working day. In case of positive decision, applicants will then be able to address the civil registration
authority to obtain a birth or death certificate, which will not be done automatically.
SDG 16 sets out that States must promote peaceful and inclusive societies for sustainable
development, provide access to justice for all and build effective, accountable and transparent
institutions at all levels. Target 16.9 requires States to provide legal identity for all, including birth
registration by 2030. For more information, see https://unstats.un.org/sdgs/indicators/database.
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