A/HRC/41/CRP.2 1. Accountability for killings during the Maidan events 67. Five years after the tragic events at Maidan that shook Ukraine in the winter of 2014, nobody has been brought to account for the acts of killing and violent deaths of 84 protestors, a man who did not participate in the protests,74 and 13 law enforcement officers. The investigations into the violent deaths of 17 protestors and 13 law enforcement officers have yet to identify individual perpetrators. 68. OHCHR is concerned that independent and impartial investigations and prosecution of the killings and violent deaths perpetrated during the Maidan protests have been hampered by the lack of cooperation extended by the Ministry of Internal Affairs and the SBU to the Prosecutor General’s Office Special Investigations Department (SID). Moreover, a number of senior police officers suspected or accused of committing crimes against the protestors retained their positions, having a chilling effect on their subordinates to testify about police involvement in the killings. The then senior police officials also disregarded their duty to ensure that their subordinates bore identification, posing a serious challenge to the identification of those who clashed with the protestors. In addition to the above, lack of organisational support and funding for the work of forensic bureaus complicates identification of individual perpetrators.75 OHCHR also notes that the ‘immunity law’76 prevents the SID from effectively proceeding with investigation into the killings of 13 law enforcement officers during the Maidan events. 69. In its analytical paper on systemic obstacles to investigation of crimes committed during the Maidan protests,77 the Head of the SID confirmed OHCHR’s findings and referred to senior public officials’ lack of genuine intent, including by the Prosecutor General, in ensuring accountability for these crimes. 70. OHCHR is concerned that construction78 of the Maidan Museum79 on Instytutska street in Kyiv, which began in early May 2019, may disturb the onsite inquests that are regularly performed there. These inquests require preservation of the scene, which is being irreversibly damaged by the construction. This may create an additional obstacle for the investigations into the killings of 18 and 20 February 2014. 71. During the reporting period, OHCHR continued to monitor trials in the cases of killings of protestors in January and February 2014, noting their protracted nature.80 74 75 76 77 78 79 80 20 One male office worker died in the office of the then ruling political party (‘Party of Regions’), which was set on fire during the clashes on 18 February 2014 in Kyiv. HRMMU, Briefing Note on Accountability for Killings and Violent Deaths During the Maidan Protests, paras. 10 and 11, available at http://un.org.ua/images/documents/4700/Accountability%20for%20Killings%20and%20Violent%20 Deaths%20During%20the%20Maidan%20Protest_2.pdf. The Law on prevention of prosecution and punishment of individuals in respect of events, which have taken place during peaceful assemblies and recognising the repeal of certain laws of Ukraine, adopted by the Parliament on 21 February 2014, available at https://zakon.rada.gov.ua/laws/show/743-18. Special Investigations Department of the Prosecutor General’s Office of Ukraine, Analytical paper on the systemic impediments to the investigation of crimes perpetrated during Euromaidan (19 February 2019), available at https://docs.google.com/document/d/1YnxFCgzyMNWn7fzIhbSwOOehZfhwP0kWRz4dp1VCHWY/ edit?fbclid=IwAR3g8JKzuUYOsQySQfq0gaDPj9DDqPc7vpeSF62e6EEtx3PSFbTSahFeW20 (only available in Ukrainian). The Special Investigation Department of the Prosecutor General’s Office did not grant permission for construction work take place on the crime scene, see https://www.ukrinform.ua/rubric-kyiv/2698951u-kievi-pocali-zvoditi-memorial-geroiv-nebesnoi-sotni.html. Known as the Museum of the Revolution of Dignity in Ukrainian, commemorating the events at Maidan in 2013-2014. More information on specific cases can be found in HRMMU, Briefing Note on Accountability for Killings and Violent Deaths During the Maidan Protests, paras. 10 and 11, available at http://www.un.org.ua/images/documents/4619/UN_Briefing%20note_Accountability%20for%20killi ngs%20at%20Maidan.pdf. Additional information on the general protracted nature of trials can be found in the section on administration of justice.