A/HRC/44/21
framework for the return of Ukrainian detainees from the Russian Federation has yet to be
found.
D.
House searches and raids
28.
International human rights law prohibits arbitrary or unlawful interference with a
person’s privacy, family, home or correspondence.33 States are required to ensure that there
is no interference by a public authority with the exercise of this right except such as is in
accordance with the law and is necessary in a democratic society in the interests of national
security, public safety or the economic well-being of the country, for the prevention of
disorder or crime, for the protection of health or morals, or of the protection of the rights
and freedoms of others.34
29.
OHCHR has documented the fact that the searches and raids of private homes,
businesses and meeting places in Crimea conducted between 1 January 2017 and 30 June
2019 disproportionally affected Crimean Tatars. 35 During the last six months of 2019, the
number of reported house searches and raids affecting Crimean Tatars decreased, compared
with similar periods in previous years. From 1 July to 31 December 2019, OHCHR
documented eight searches, half of which affected Crimean Tatars.36 For instance, on 27
September 2019, in Sudak, law enforcement authorities of the Russian Federation searched
the private house of a man believed to be associated with the Mejlis. On 14 November 2019,
a search was carried out in the private house of a former Kurultai delegate in Bogatovka.
30.
As in the previous reporting period, the authorities justified searches affecting
Crimean Tatars by the need to seize materials, including handwritten notes or information
on electronic devices, linking suspects to political or religious groups and organizations that
are banned in the Russian Federation. These groups, however, operate freely and legally in
Ukraine.
E.
Situation of fundamental freedoms
31.
International human rights law guarantees freedom of thought, conscience and
religion; freedom of expression and the right to hold opinions; and the right to peaceful
assembly and freedom of association. Some manifestations or exercise of these rights may
be subject to certain limitations or restrictions specified in international human rights law. 37
A free, uncensored and unhindered press or other media is essential to ensure the right to
hold opinions and to freedom of expression and the enjoyment of other fundamental
freedoms.38 International humanitarian law also provides that protected persons are entitled,
in all circumstances, to respect for their religious convictions and practices.39
32.
During the reporting period, criminalization of freedom of expression on social
media continued in Crimea. OHCHR documented four cases, in which individuals (two
men and two women) were convicted by courts in Crimea of administrative offences for
their social media posts, with content deemed to be “extremist” under the law of the
Russian Federation.40 For instance, on 2 July 2019, a city court in Sudak fined a Crimean
Tatar man for having posted a video on his social network page six years previously (prior
to the occupation of Crimea). He was convicted of “distribution of extremist materials” on
33
34
35
36
37
38
39
40
8
International Covenant on Civil and Political Rights, art. 17; and European Convention on Human
Rights, art. 8.
European Convention on Human Rights, art. 8 (2).
A/74/276, para. 18.
During the same semester, 40 of the 42 searches (95 per cent) recorded in 2017 affected Crimean
Tatars, as did 20 of the 25 searches (80 per cent) recorded in 2018.
International Covenant on Civil and Political Rights, arts. 18–19 and 21–22.
Human Rights Committee, general comment No. 34 (2011) on the freedoms of opinion and
expression, para. 13.
Fourth Geneva Convention, art. 27.
In three cases, the posts concerned Hizb ut-Tahrir; the other case concerned a post that contained
symbols of Right Sector. The definition of extremism is contained in the law of the Russian
Federation on combating extremist activity, No. 114-FZ (25 July 2002).
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