A/HRC/43/CRP.5 B. Accountability for human rights violations 62. OHCHR observed limited progress in the criminal proceedings related to the killings and violent deaths which occurred during the Maidan protests and 2 May 2014 clashes in Odesa. 1. Accountability for killings and violent deaths during the Maidan protests 63. OHCHR notes that some trial hearings in relation to the killings and violent deaths of protestors during the Maidan events were held over the reporting period. However, OHCHR also notes that as of 21 November 2019, the Special Investigation Department (SID) will no longer have investigative functions as the three-month transition period for transfer of some 5,000 investigation dossiers from SID to the State Bureau of Investigations (SBI) commences.55 OHCHR is concerned that any delays in the transfer of the cases may hamper accountability efforts, as investigations are stalled while the transfers are pending. 2. Accountability for killings and violent deaths in Odesa on 2 May 2014 64. OHCHR notes that trials are ongoing in criminal proceedings related to the killings and violent deaths in Odesa on 2 May 2014, including the trial against the former Head of Odesa regional police.56 65. The trial of the pro-unity supporter accused of killing one man and injuring two others also continued. OHCHR observed the presence of a large number of members of extreme right-wing groups supporting the defendant, many of whom had supported him in the past. Recalling earlier attempts of members of the same groups to exert pressure on the judges and disrupt proceedings in this and other 2 May 2014 related trials,57 OHCHR is concerned that their presence may have a chilling effect on the judges’ and the jury’s independence in this case. Lack of accountability for past attempts to interfere with the independence of judges has contributed to the situation where the judges and jury do not feel protected.58 OHCHR calls on the police to investigate all previous attacks against judges and to ensure security of the courtrooms during high-profile hearings. 66. No progress was observed in the prosecutions of three high-ranking Odesa police officers, two former deputy heads and two mid-level officers of the Odesa regional department of the State Emergency Service.59 As of 15 November 2019, the courts had yet to substantially consider these cases. 55 56 57 58 59 See item 1 para. 2 of the Transitional Provisions of the Criminal Procedure Code of Ukraine as amended on 19 September 2019 and 4 October 2019, and item 4 para. 2 of the Transitional Provisions of the Law of Ukraine “On State Bureau of Investigations” of 12 November 2015. Six men were shot and killed in the Odesa city centre, and 42 people died after being trapped in the House of Trade of Unions which was set on fire. For more information, see HRMMU Briefing note on Accountability for Killings and Violent Deaths on 2 May 2014 in Odesa, available at www.un.org.ua/images/documents/4671/Accountability%20for%20Killings%20and%20Violent%20 Deaths%20on%202%20May%202014%20in%20Odesa_1.pdf . OHCHR has observed members of the same extreme right-wing groups interfering with the independence of courts dealing with trials in relation to the 2 May 2014 events. See, e.g., OHCHR, Report on the human rights situation in Ukraine, 16 November 2016 – 15 February 2015, para. 84, available at www.ohchr.org/Documents/Countries/UA/UAReport17th_EN.pdf and OHCHR, Report on the human rights situation in Ukraine, 16 August – 15 November 2016, para. 91, available at www.ohchr.org/Documents/Countries/UA/UAReport16th_EN.pdf. Following a series of attempts to disrupt hearings in this case by members of these groups, all four district courts of Odesa have refused to try this case. The Court of Appeal of Odesa region had to oblige one of them to admit this case. See HRMMU Briefing note on Accountability for Killings and Violent Deaths on 2 May 2014 in Odesa, paras. 16-21. The former Head of Odesa City Police, the former Commander of Police Patrol Regiment and the former Head of Public Security Department are accused of failing their duty to ensure the security of citizens, which lead to the deaths of 48 people. The SES officials are accused of negligence and failing their duty to rescue 42 people who died as a result of the fire in the House of Trade Unions. While some perpetrators have reportedly fled, there are no such reports in relation to these seven 21