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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