A/HRC/41/CRP.2 C. Situation of pre-conflict prisoners 54. OHCHR welcomes the transfer of 120 pre-conflict prisoners (115 men and five women) that took place on 20 March and 22 April 2019 from places of detention in territory controlled by ‘Luhansk people’s republic’ to Government-controlled territory. The preconflict prisoners were transferred from eight penal colonies and a pre-trial detention facility in Luhansk. The transferred prisoners said that necessary medicine was not available or very limited in the penal colonies.52 The majority of prisoners did not complain due to the absence of an adequate complaint mechanism53 and fear of reprisals, such as placement into the isolation cell.54 Transferred prisoners interviewed by OHCHR said that administration forced them to work and in case of refusal, prisoners were put into the isolation cell, particularly in penal colonies in Sukhodilsk, Sverdlovsk and Khrustalnyi (formerly Krasnyi Luch). They also complained about the absence of fair remuneration, safe working environment, and no days off. A majority of prisoners said that they worked for free or for tea and cigarettes. Two prisoners said that they were beaten by colony staff for speaking in Ukrainian.55 D. Missing persons 55. OHCHR welcomes the establishment of the Commission on Persons Missing due to Special Circumstances that will coordinate the efforts of the Government to clarify the fate and whereabouts of individuals that are unaccounted for as a result of the armed conflict.56 OHCHR stresses the importance of providing sufficient resources for the effective realisation of the Commission’s mandate. V. Accountability and administration of justice A. Administration of justice 56. OHCHR documented 95 violations of the right to a fair trial in conflict-related criminal cases.57 In particular, prolonged trials and the use of detention pending trial as a method to pressure defendants continued. 57. During the reporting period, Ukrainian courts of first instance58 passed 70 verdicts59 in conflict-related criminal cases. The court acquitted the defendant from criminal responsibility under articles 110 and 258-3 of the Criminal Code of Ukraine60 in only one61 of these cases, after the defendant had already spent one and a half years in detention. In the remaining 69 cases, all the defendants were found guilty, including 10 in absentia. In 52 of 52 53 54 55 56 57 58 59 60 61 OHCHR is aware of separate barracks for prisoners with disabilities in at least three colonies. According to the prisoner, the letters are read by the prison administration, and the ones with complaints are not sent. For example, one prisoner told OHCHR that he was put in an isolation cell for 15 days after he complained. This penalty was not included in his case file. One prisoner complained that prison staff broke his left arm during the beatings. See also OHCHR report, 16 November 2018 to 15 February 2019, para. 96. Cabinet of Ministers Order No. 248-p “On the establishment of the Commission on Persons Missing due to Special Circumstances” (10 April 2019). See OHCHR Reports on the human rights situation in Ukraine, 16 August to 15 November 2018, para. 55 and 16 May to 15 August 2018, para. 59. The Criminal Code of Ukraine, articles 109-114-1, 258-258-5, 260 and 261. These crimes constitute “conflict-related crimes”. Local general courts, which are courts of first instance. See articles 21 and 22 of the Law of Ukraine “Law of Ukraine on the Judiciary and Status of Judges”. Statistics from the Register of the court decisions of Ukraine. Violation of the territorial integrity and inviolability of Ukraine and creation of a terrorist group or terrorist organisation respectively. Verdict of the Shevchenkivskyi district court of Zaporizhzhia in case № 336/295/18 (27 March 2019). See http://www.reyestr.court.gov.ua/Review/80747741. 17