A/HRC/41/CRP.2 2. Accountability for the killings and violent deaths on 2 May 2014 72. Five years after the violence in Odesa on 2 May 2014, those responsible for the killings and violent deaths of 48 people have yet to be brought to justice, with some of the perpetrators yet to be identified and investigations ineffective. During the reporting period, OHCHR noted no progress in the trials against regional police and State Emergency Service officials whose misconduct allegedly resulted in the deaths of up to 48 people, and limited progress in the trial against a participant of the mass disturbances accused of murder. As noted in its briefing note analysing obstacles to accountability for crimes committed during the 2 May 2014 events,81 while some positive developments have occurred, a number of trials continue to be unduly delayed.82 “Can you request my recusal? I’d be very grateful if you did.” “But your Honour, why would I do that?” “Because I want to get rid of this case.” - Conversation between a judge and a defence counsel during a hearing in a case related to the 2 May violence. VI. Civic space and fundamental freedoms 73. Peaceful, competitive and largely inclusive presidential elections were held in Ukraine during the reporting period. The first round of elections was held on 31 March 2019, the second round on 21 April 2019. Despite tensions existing between supporters of competing candidates, expressed in numerous mass assemblies that preceded the first round, the electoral process was generally peaceful and ensured a smooth democratic transition. OHCHR did not document any incidents of election-related violence throughout the election process, including the second round. However, procedures for registering to temporarily change their voting location were especially burdensome for IDPs, and persons with disabilities.83 This also affected residents of territory controlled by ’Donetsk people’s republic’ and ‘Luhansk people’s republic’, and OHCHR noted an unusually low number of persons crossing the contact line on that day, and in particular few for the purpose of voting. A. Freedom of opinion and expression and freedom of the media 74. OHCHR documented violations to the freedoms of opinion and expression as well as that of the media. In particular, investigations and court cases launched in the context of attacks by individuals against those exercising their civic freedoms were subject to delays and inappropriate qualification of the charges. 75. OHCHR is concerned about potential violations to the freedom of the media, and specifically about the possible negative impact of court cases where the prosecution has requested access to information that should be protected, including to personal data of 81 82 83 More information on specific cases can be found in HRMMU, Briefing note on 2 May events, available at http://un.org.ua/images/documents/4671/Accountability%20for%20Killings%20and%20Violent%20 Deaths%20on%202%20May%202014%20in%20Odesa_1.pdf. During the reporting period, local courts have not yet completed the preliminary stage in four 2 May violence-related cases: against former deputy head and two mid-level officials of the Odesa regional department of State Emergency Service, against former first deputy head of the Odesa regional department of State Emergency Service, against former head of Odesa city police and two highranking police officers and against the participant of the mass disturbances accused of murder. Statement of preliminary findings and conclusions of the international election observation mission Ukraine – Presidential Election, Second Round, 21 April 2019, page 5, available at https://www.osce.org/odihr/elections/ukraine/417821?download=true. 21

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