A/HRC/41/CRP.2
concerned about the involvement of non-religious actors in such transitions, including local
authorities and extreme right-wing groups, as well as the police’s inaction during these
incidents.
87.
In six cases, OHCHR documented the continued intimidation and threats against
clergy and parishioners of the Ukrainian Orthodox Church even after the community lost
control over the church’s premises. Furthermore, in at least ten documented cases, police
reportedly contributed, or did not react to violence, threats and intimidation while present
during incidents.98
88.
On 22 April 2019, the District Administrative Court of Kyiv ruled to halt the process
of the mandatory renaming of the Ukrainian Orthodox Church until the court’s final
decision.99 The Ukrainian Orthodox Church was required to end its renaming process before
26 April 2019 by amendments to the law “On freedom of consciousness and religious
organisations” adopted by the Parliament on 20 December 2018.
89.
The situation in relation to freedom of religion or belief remains worrying in the
territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. 100 In
April 2019, the premises of one of the Orthodox Churches of Ukraine were seized by ‘law
enforcement agencies’ in ‘Donetsk people’s republic’. The premises will reportedly be
transmitted to the Ukrainian Orthodox Church.101 In ‘Luhansk people’s republic’, searches
were conducted in church premises and priests’ residences, and items including personal
correspondence seized.
E.
Discrimination, racially-motivated violence and manifestations of
intolerance
90.
Compared to the previous reporting period, OHCHR documented fewer incidents of
discrimination, racially motivated violence and manifestation of intolerance targeting
individuals belonging to minority groups or holding alternative or minority opinions.
91.
OHCHR is concerned about the lack of accountability in cases documented in 2018
of attacks against Roma settlements, often with the involvement of extreme right-wing
groups. In one case, a Roma man was stabbed to death and four others injured. The court
hearings on the merits of the case are ongoing. While OHCHR welcomes this development,
it is concerned that the initial qualification of additional charges under Article 161 of the
Criminal Code of Ukraine (referring to racial discrimination) were removed from the list of
charges.
92.
OHCHR is also concerned that the Holosiivsky district court of Kyiv cancelled the
note of suspicion against an alleged perpetrator in another violent attack against a Roma
settlement in Kyiv in April 2018 on procedural grounds although the perpetrator publicly
took responsibility for the attack. Additionally, during the reporting period, OHCHR
documented a new arson attack against a Roma settlement in Ivano-Frankivsk on 25 March
2019. OHCHR is concerned that impunity for past attacks may contribute to fuelling new
attacks.
93.
In a separate case of forced eviction of Roma residents in Loshchynivka village, Odesa
region, in August 2016, OHCHR welcomes the decision of the Fifth appeal administrative
court (Odesa) on 25 April 2019, in which the court found that both the inaction of police
during the forced eviction in the village and the act of the Head of Loshchynivka village
council, who signed the decision on the eviction of Roma families from the village, were
98
99
100
101
24
OHCHR interview, 8 April 2019.
Official statement of press-service of District Administrative Court of Kyiv on 22 April 2019. See
http://oask.gov.ua/node/3829.
See also, Resolution on religious freedom in the Ukrainian territories of Crimea and Donbas occupied
by Russian Federation adopted by 50 participants of the Religious Freedom Roundtable in Ukraine on
14 May 2019, available at
https://irs.in.ua/index.php?option=com_content&view=article&id=1976%3A1&catid=34%3Aua&Ite
mid=61&lang=uk.
OHCHR interview, 29 April 2019.
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