A/HRC/41/CRP.2
journalists’ sources.84 It commends the decision of the Kyiv court of appeal to refuse such
access in one case.85
76.
OHCHR is alarmed about other interference in the work of media professionals, in
particular, physical attacks and acts of intimidation by a variety of actors. In one case, an
unidentified individual attacked a well-known investigative journalist on 4 May 2019 in
Cherkasy, placing him in a coma.86 In another case, on 6 March 2019, representatives of the
local authorities attacked journalists and members of the film crew of the investigative
television programme “Schemy” in the premises of Chabany village council in Kyiv region.
While police have opened an investigation into the attack, OHCHR is concerned that they
have classified it exclusively as ‘interference into the activities of journalists’, disregarding
other possible charges, even though the victims were injured. 87
77.
OHCHR commends progress in the case of the lethal attack against Kateryna
Handziuk,88 but the trial appears protracted.89 On 23 April 2019, the prosecution changed the
classification of the crime, with the five alleged suspects, previously charged with murder, 90
now charged with “aggravated intended grievous bodily injury”, 91 which carries a lighter
sentence.92
78.
OHCHR is concerned about lack of accountability for attacks on journalists and media
professionals. For example, journalist Oles Buzyna was killed four years ago.93 In the
subsequent trial, which lasted 1 year and 4 months, the judge presiding in the case recused
himself from the case on 6 May 2019, stating that the defence had attempted to discredit him
and his colleagues, potentially affecting his impartiality. The case will now be retried.
79.
The ability to enjoy freedoms of opinion and expression remains highly limited in
territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. Based
on OHCHR media monitoring, critical, independent media operating in territory controlled
by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic has yet to be identified.
B.
Language rights
80.
On 25 April 2019, the Parliament of Ukraine approved a law which lays the ground
for a new language policy focused on strengthening the role of the official language. 94
OHCHR notes that the final version of this law reflects a more balanced approach, compared
84
85
86
87
88
89
90
91
92
93
94
22
Court hearing in case of access to personal data of investigative journalist Khrystyna Berdynskych
scheduled on 6 May 2019 in Pecherskiy district court of Kyiv was postponed. Decision of European
Court of Human Rights in similar case of Natalia Sedletska is expected later in 2019.
Ruling of Appeal Court of Kyiv of 1 March 2019. See http://reyestr.court.gov.ua/Review/80303794
(accessed on 19 May 2019).
Unknown individuals had already attempted to shoot him in 2016.
OHCHR interview, 27 May 2019.
Kateryna Handziuk, a senior staff member of Kherson city council, was well-known for her
anticorruption views. On 31 July 2018, she was attacked with acid, causing her severe injuries which
eventually led to her death on 4 November 2018.
OHCHR trial observations, 25 March 2019.
Para. 2, article 115 of the Criminal Code of Ukraine.
Para, 2, article 121 of the Criminal Code of Ukraine.
These new charges would result in less severe sentences: the Criminal Code of Ukraine prescribes 10
to 15 years imprisonment for intended murder, and seven to 10 years of imprisonment for aggravated
intended grievous bodily injury.
Oles Buzyna was killed on 16 April 2015 near his home in Kyiv.
Law of Ukraine ‘On ensuring the functioning of the Ukrainian as the State language’ No. 2704-VIII
of 25 April 2019. The law was signed by the President on 15 May 2019 and was officially published
on 16 May 2019. The law will enter into force on 16 July 2019. The law provides for a deferred
application (from 6 months to up to 10 years) of a number of provisions, for instance, those relating to
the use of language in education, in printed media, publishing, advertising and in provision of
services.
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