A/HRC/41/CRP.2
in Bakhmut, Kyiv, Mariupol, Odesa, Starobilsk, Zaporizhzhia and colonies in Hostomel and
Kharkiv.
45.
In territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’, OHCHR had no access to places of deprivation of liberty. Confidential and
unrestricted access to detention facilities in territory controlled by ‘Donetsk people’s
republic’ and ‘Luhansk people’s republic’ for international monitors, including OHCHR,
must be provided in line with international standards in order to address serious concerns
about the treatment of detainees and conditions of detention.
B.
Arbitrary detention, enforced disappearances, torture and ill-treatment
46.
During the reporting period, OHCHR continued to document cases of arbitrary and
incommunicado detention, torture and ill-treatment both in territory controlled by the
Government and by ’Donetsk people’s republic’ and ‘Luhansk people republic’. Although
the prevalence of such cases continued to be considerably lower than in 2014, 2015 and 2016,
reporting on such human rights violations and abuses is generally delayed, including because
recent victims often do not feel safe reporting such violations.
47.
In Government-controlled territory, OHCHR continued to receive allegations that the
SBU arbitrarily detain, torture, ill-treat and intimidate individuals, including in unofficial
places of detention, in order to obtain information, pressure them to confess or cooperate. For
example, on 17 April 2019, a man was apprehended at Marinka EECP, reportedly, by
two SBU officers in civilian clothes. They took him to a booth, where they held him for
approximately two hours. On the same day, two men drove him together with his wife to
Kurakhove. They left his wife at the hotel, put a bag on his head and took him to an unknown
location, where he was reportedly beaten. They brought him back to the hotel in a few hours
with visible bruising on his face. After the incident, his health deteriorated and he was
hospitalised. His wife appealed to the police about the incident at the EECP. On 23 April
2019, two SBU officers visited her at the hospital and pressured her to withdraw the
complaint.43
48.
OHCHR followed the case of a foreign national, who was arbitrarily arrested and
tortured in December 2018, reportedly by SBU officers.44 In early February 2019, the man
and his family moved to the Odesa region, fearing further intimidation. On 12 February 2019,
the State Bureau of Investigation (SBI) launched a probe into the victim’s allegations of
arbitrary arrest and torture by the SBU.45 On 15 March 2019, two men, who introduced
themselves as SBU officers, came to his apartment and asked about his complaint to the SBI.
They asked him to come with them to Odesa, allegedly to sign some documents. In their car,
the men put on masks, and seized his passport, wallet and phone. The individuals told him
that he had to leave Ukraine. One of them showed the victim a live video stream of two armed
men near his apartment were his wife and two children were, and told him they would enter
his home if he did not agree to leave. They then forced him to make a statement on video
saying he was leaving Ukraine voluntarily and that he had not been abused physically or
psychologically. At the border crossing between Ukraine and Moldova, the individuals gave
him a document to sign, which stated that he agreed to leave the country, and walked with
him to the passport control at the border. One of the individuals threatened the victim: “If
you return to Ukraine, we will kill you. If you talk about what happened to you, remember
that you have a family in Ukraine.”46
43
44
45
46
OHCHR interview, 23 April 2019.
See also OHCHR report, 16 November 2018 to 15 February 2019, para. 49.
According to SBU letter No. 01-3664 dated 28 March 2019, the investigation is still ongoing.
According to SBU letter No. 34/MK-61 dated 29 April 2019, on 15 March 2019, the victim
voluntarily left the territory of Ukraine. The SBU also issued a decree prohibiting his entry to Ukraine
for three years.
15
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