A/HRC/43/CRP.5
human rights of LGBTI persons. During the reporting period, it documented in total eight
physical attacks against LGBTI persons and individuals perceived to be members of the
LGBTI community. Due to fears of retaliation in territory controlled by ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’, the LGBTI community is compelled to remain
invisible. More generally, in territory controlled by ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’, OHCHR did not document any peaceful assembly organised
on a voluntary basis. The ability to exercise freedom of religion also remained limited in
both ‘republics’ due to restrictions imposed by self-proclaimed ‘authorities’.
16.
OHCHR continued to document violations of international humanitarian law and
international human rights law in the Autonomous Republic of Crimea and the city of
Sevastopol, Ukraine, temporarily occupied by the Russian Federation6 (hereinafter Crimea),
notably torture and ill-treatment and denial of medical care to persons apprehended and
detained in Crimea and subsequently deported to the Russian Federation, and impunity in
relation to these violations. Among the prisoners simultaneously released on 7 September
2019 were 29 men who had been initially detained in Crimea, including 24 crew members
apprehended during the Kerch Strait incident in November 2018. The Russian Federation,
as the occupying Power in Crimea, has still not granted OHCHR access to the peninsula,
contrary to relevant UN General Assembly resolutions.7
17.
Technical cooperation and capacity-building activities continued over the reporting
period, including regular training sessions for officers of the Civil-Military Cooperation
Unit at the Ministry of Defence. Youth and minorities also benefited from OHCHR
involvement at a variety of events.
18.
While OHCHR has unimpeded access to places of detention in territory controlled
by the Government, OHCHR operations in territory controlled by ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’ have been substantively restricted since June
2018 despite ongoing discussions through regular meetings with representatives of both
self-proclaimed ‘republics’.8 The continued denial of access to detention facilities, despite
repeated requests prevents OHCHR from monitoring the treatment of detainees and
detention conditions. This is particularly concerning in the context of strong allegations of
human rights violations. OHCHR therefore reiterates its call for independent international
observers, including OHCHR, to have unimpeded, confidential access to places of
detention and detainees, in accordance with international standards.
II. OHCHR methodology
19.
This report is based on 117 (with 80 men and 37 women) in-depth interviews with
individuals, including victims and witnesses. Information was also obtained from relatives
of victims and their lawyers, site visits, Government representatives, civil society and other
interlocutors, trial monitoring, as well as court documents, official records, open sources
and other relevant material. Findings are based on verified information collected from
primary and secondary sources that are assessed as credible and reliable. Findings are
included in the report where the “reasonable grounds” standard of proof is met, namely
where, based on a body of verified information, an ordinarily prudent observer would have
reasonable grounds to believe that the facts took place as described and, where legal
conclusions are drawn, that these facts meet all the elements of a violation. While OHCHR
cannot provide an exhaustive account of all human rights violations committed throughout
Ukraine, it obtains and verifies information through a variety of means in line with its
methodology, and bases its conclusions on verified individual cases.
6
7
8
6
General Assembly resolution 73/263, Situation of human rights in the Autonomous Republic of
Crimea and the city of Sevastopol, Ukraine, A/RES/73/263 (22 December 2018), para. 11.
See General Assembly resolutions 68/262, 71/205 and 73/263.
With the exception of field visits to document civilian casualties and conflict-related damage to
civilian property in territory controlled by ‘Donetsk people’s republic’ which resumed in spring 2019.
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