A/HRC/45/CRP.9
78.
In cases against Ukrainian soldiers prosecuted for grave human rights violations,
members of these groups and other activists used intimidation to demand an end to the
prosecution of “patriots” and the defendants’ release from custody. In cases against
individuals accused of links to the armed groups, they demanded that the defendants remain
in pre-trial detention.98 Although police launched investigations in several cases,99 these were
ineffective and no perpetrator has been brought to account, leading to a sense of impunity. 100
79.
For example, when the judges of Selydivskyi town court of Donetsk region acquitted
the former ‘head’ of the ‘supreme court’ of ‘Donetsk people’s republic’, 101 they were targeted
by a hate campaign.102 On 27 June 2017, members of National Corps and National Brigades
extreme right-wing groups carried out a mock execution of a judge’s puppet and threatened
more “radical actions” should the judges adopt decisions in favour of members of the armed
groups.103 The judges complained to police but the investigation was only launched two
months later and did not progress despite the availability of evidence and witnesses. The
judges told OHCHR that the police did not interview them in the context of the
investigation.104
80.
OHCHR is concerned that in certain cases the prosecution or SBU may have assisted
or encouraged such campaigns against judges. On at least ten occasions, OHCHR observed
the appearance of undue collaboration or coordination between prosecutors or SBU officers
and members of extreme right-wing groups in intimidating judges. In one such case, the SBU
was seen ordering lunch for members of extreme right-wing groups who had demanded that
judges deny release of a woman accused of support of armed groups on bail.105 In the case
before the Selydivskyi city court described above, the judges complained that the hate
campaign against them was incited by the prosecution.
81.
OHCHR recalls that any attack or intimidation directed at judges undermines the
independence of the judiciary and that police must prevent and investigate these attacks, as
both a matter of security and to protect judges and the judiciary from attempts to interfere
with their independence.
E.
Right to an effective remedy for violations by State forces
82.
OHCHR observed that despite mechanisms in place for investigating and prosecuting
human rights violations, perpetrators of violations committed during the prosecution of
conflict-related crimes were rarely held to account. In particular, throughout the reporting
period the majority of torture allegations against members of the military and law
98
99
100
101
102
103
104
105
18
OHCHR interviews, 29 September and 16 November 2017, 22 May 2018.
Criminal Code, article 376 prohibits any interference with the activity of judicial authorities.
OHCHR interviews, 29 August 2017, 8 August 2018.
Verdict of the Selydivskyi town court of Donetsk region of 12 June 2017, available at
reyestr.court.gov.ua/Review/67209654.
The judges argued that the hate campaign against them started with publications accusing them of
supporting separatism in different media. The authors of these publications referred to information
which could have only been obtained from the prosecution (notification of the judges of Selydivskyi
town court of Donetsk region about interference into their professional activity submitted to the High
Council of Justice on 27 June 2017, available at www.vru.gov.ua/content/file/1288-0-6-17_.pdf).
Online report concerning the National Corps’ action on their website, available at bit.ly/37SBuIV.
OHCHR observed that the extreme right-wing groups employ the same tactic of interfering with the
independence of judges in criminal proceedings that are not related to the armed conflict. Most
notable in this regard is the case of 19 men prosecuted for mass disorder on 2 May 2014 in Odesa that
resulted in the killing of six men. See OHCHR, Report on the human rights situation in Ukraine, 16
November 2015 – 15 February 2016, para. 100, available at
www.ohchr.org/Documents/Countries/UA/Ukraine_13th_HRMMU_Report_3March2016.pdf. For
more information about the 2 May trials, see HRMMU Briefing note on Accountability for killings
and violent deaths on 2 May 2014, available at
www.un.org.ua/images/documents/4671/Accountability%20for%20Killings%20and%20Violent%20
Deaths%20on%202%20May%202014%20in%20Odesa_1.pdf.
OHCHR interview, 20 September 2017.
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