A/HRC/41/CRP.2
unlawful. Nonetheless, even though nearly three years have passed since the forced eviction,
not a single person has been found criminally liable.
94.
In the territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’ reportedly due to the application of laws criminalizing so-called “propaganda of
same-sex relationships”, social stigma and intolerance based on sexual orientation and gender
identity have become more acute.102
VII. Human rights in the Autonomous Republic of Crimea and
the city of Sevastopol, Ukraine, temporarily occupied by the
Russian Federation
95.
The situation in the Autonomous Republic of Crimea and the city of Sevastopol,
Ukraine, temporarily occupied by the Russian Federation103 continued to be characterised by
human rights and international humanitarian law violations committed by the Russian
Federation as the occupying Power on the peninsula. During the reporting period, OHCHR
recorded human rights violations, including, inter alia, restrictions on fundamental freedoms
and education rights, as well as infringements of the right to physical and mental integrity. In
total, OHCHR documented 15 violations which occurred within the reporting period; with
the Government of the Russian Federation responsible for 14 and the Government of Ukraine
for one.104 In addition, OHCHR documented 26 violations which occurred outside the
reporting period, all of which are attributable to the Government of the Russian Federation.
A.
International humanitarian law
96.
In violation of its obligations as an occupying Power, the Russian Federation
continued applying its legal framework, including its criminal legislation, to the residents of
the Crimean peninsula. In addition, the application of this legislation continues to
disproportionally affect devout Muslims and sympathisers of religious organisations banned
in the Russian Federation.
97.
On 27 March 2019, the Federal Security Service of the Russian Federation (“FSB”)
together with Russian Federation police and National Guard launched a large-scale operation
against alleged members of Hizb ut-Tahrir in Crimea, an organisation considered terrorist in
the Russian Federation, but lawful in Ukraine. Twenty-six house searches were carried out
in one day in the city of Simferopol, as well as Simferopol, Bilohirsk and Krasnohvardiisk
districts. Following simultaneous raids and house-to-house visits, FSB arrested 20 Muslim
men on criminal charges of setting up (participating) in a terrorist organisation and remanded
them in prison. Four more individuals were arrested on the same charges on 28 March and
17 April 2019. Reportedly, most of the arrested individuals are Crimean Tatars affiliated with
the civic movement “Crimean Solidarity”, a non-registered initiative launched by relatives of
detained Crimean Tatars.105
98.
Since the beginning of the occupation, 59 individuals have been arrested or convicted
on accusations of affiliation with banned Muslim groups in Crimea, the vast majority of
whom are Crimean Tatars. Twelve of them have been found guilty and received criminal
sentences. OHCHR notes that all the individuals were prosecuted under Russian Federation
law.
102
103
104
105
UN Independent Expert on the protection against violence and discrimination based on sexual
orientation and gender identity, Preliminary observations on the country visit to Ukraine, held from
30 April to 10 May 2019, para. 16.
Official Records of the General Assembly, Seventy-third Session, Resolution (A/RES/73/263), para
11. Hereafter Crimea.
The violations attributable to the Government of Ukraine did not necessarily occur in Crimea itself,
but concern events in mainland Ukraine connected to the situation in Crimea. They are related to
freedom of movement, access to public services, and the right to property.
OHCHR interviews, 27, 28 and 29 March 2019.
25
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