A/HRC/42/40/Add.2
85.
The Working Group also invites the Government to submit as soon as possible
its report to the Committee on Enforced Disappearances on the implementation of the
International Convention for the Protection of All Persons from Enforced
Disappearance.
2.
Truth
86.
The Working Group recommends that the Government of Ukraine:
(a)
Adopt a comprehensive strategy and plan for the search for and
identification, excavation and proper investigation of existing burial sites, and for the
identification of new ones;
(b)
Ensure preservation of sites and the protection of the chain of custody of
samples, and build the forensic capacity of investigators, prosecutors and the judiciary,
ensuring that they have adequate resources;
(c)
Ensure access to relevant, including confidential, information, in
particular to archives, in order to facilitate the localization of undiscovered gravesites,
to speed up the search for missing persons, and to clarify cases of enforced
disappearances;
3.
Justice
87.
The Working Group recommends that the Government of Ukraine:
(a)
Ensure effective investigations into allegations of enforced disappearance
committed by State actors or by individuals acting with the authorization, support or
acquiescence of the State;
(b)
Carry out all investigations, prosecutions and judicial proceedings in
accordance with the principles of due diligence and impartiality, taking into account
the complexity of enforced disappearances, the context in which they occurred and the
patterns that explain why the events occurred, and ensure that there are no omissions
in the gathering of evidence or in the development of lines of investigation;
88.
The parliament should avoid the reintroduction of military justice for crimes
committed by the military; in this regard, the Working Group has consistently
emphasized that, in accordance to article 16 (2) of the Declaration, those alleged to have
committed enforced disappearances should be tried only by the competent civilian
courts of the State, and not by any other special tribunal, in particular military courts.
89. The Working Group also recommends that the Government:
(a)
Ensure that persons who have or are alleged to have committed offences
of enforced disappearance do not benefit from any special amnesty law or similar
measures that might have the effect of exempting them from criminal liability;
(b)
Take all measures to bring those responsible for enforced disappearances
to justice, including by seeking the extradition of those who are currently abroad;
(c)
Guarantee that the authorities in charge of investigations have the
jurisdictional, logistic and scientific resources necessary to collect and process evidence,
and notably the power to have access to all places, documents and information relevant
to investigations, including on the possible location of victims’ remains;
(d)
Ensure that SBU no longer performs investigative functions, particularly
with regard to cases of enforced disappearance or other international crimes, and that
all cases of enforced disappearances are investigated by an independent, specialized and
appropriately trained body of investigators.
90.
The Working Group recalls that victims have the right to be informed about the
progress and results of investigations, and should have the opportunity to participate in
and be heard during investigative and judicial proceedings, regarding both the
clarification of the enforced disappearance and the punishment of those responsible, and
in seeking fair compensation.
17
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