A/HRC/45/CRP.9
Annex
Pokrovsk (formerly Krasnoarmiisk)
1.
On 24 March 2015, unidentified armed men in military uniforms broke into Mr. P.’s
house in Kurakhove (Government-controlled territory). After searching the house, the
intruders tied and blindfolded Mr. P. and his friend Mr. B. (55 and 33 years old, respectively),
and held them incommunicado in a basement in Pokrovsk for eight days. During this time,
the captors interrogated them and demanded they confess to planning a terrorist act or the
abduction of a Ukrainian soldier. The two men were kept separately, and regularly punched
and beaten with batons and a wooden hammer (which the perpetrators called the “hammer of
truth”). The captors also dislocated the men’s arms, suffocated them, and subjected them to
electric shocks. They also subjected Mr. B. to at least three mock executions by firing a gun
above his head, and threatened to abduct and harm Mr. P.’s son-in-law. The victims were
forced to write self-incriminating statements about their membership in the armed groups of
the self-proclaimed ‘Donetsk people’s republic’.
2.
On 25 March, an advisor to the Head of the SBU posted on Facebook that two
saboteurs were being detained.204 Having no information on Mr. P.’s whereabouts, his wife
reported his abduction to police. She also approached the SBU and military forces, who
denied involvement in her husband’s abduction.
3.
On 31 March when the abductors transferred the detainees to Mariupol and handed
them over to the SBU, where their arrest was eventually officially registered, seven days late.
The SBU officers showed both men their confessions and told them to repeat them to the
investigator. In the absence of their state-appointed lawyers, and under threat of further
torture, the victims signed formal self-incriminating statements and arrest protocols with
falsified dates of apprehension.205 On 3 April, a court placed them in pre-trial detention.
4.
In December 2015 and June 2016, Mr. B. submitted two complaints to the
prosecutor’s office of unlawful detention and ill-treatment by abductors whom he believed
were SBU. The Military Prosecutor’s Office initiated an investigation, which, however, did
not produce any results. The investigator allegedly only questioned both victims, and
repeatedly attempted to close the investigation. Mr. B. successfully challenged these attempts
and the court cancelled the investigator’s decisions to close the investigation. This however,
did not result in any progress as the prosecutors reportedly did not undertake any further steps
to investigate Mr. B.’s complaint. The court also, dismissed as unfounded Mr. B.’s numerous
motions requesting the prosecutor to conduct specific investigative action. 206
5.
Both victims complained about the quality of legal assistance from their stateappointed lawyers. Not only did both lawyers insist that they plead guilty in exchange for a
reduced sentence, they also refused to support the defendants’ complaints about the abduction
and torture. Mr. B. had to draft his own complaint, and to challenge the investigator’s
decision to close the case on his own.
6.
For over two years, the court only held hearings once a month, during which, it
continually extended pre-trial detention for both defendants, despite the prosecutors’ failure
to show that it was reasonable and necessary.207 On 14 September 2017, the court released
Mr. P. under a personal commitment not to leave Ukraine and to appear in court.208 Following
204
205
206
207
208
The post contains blurred pictures of two men, who can still be recognized as the two men abducted
on 23 March 2015. Available at www.facebook.com/markian.lubkivskyi/posts/1553467821582510.
According to the ruling of Zhovtnevyi district court of Mariupol of 3 April 2015, both men were
arrested under article 208 of the Criminal Procedure Code in the evening of 31 March 2015. The
ruling is available at reyestr.court.gov.ua/Review/48971204.
See, e.g., rulings of the Artemivskyi town-district court of Donetsk region of 13 July 2016 (available
at reyestr.court.gov.ua/Review/59467989) and of 5 August 2016 (available at
reyestr.court.gov.ua/Review/59467884).
The prosecution maintained that the defendants could flee once released; the court in return referred
to article 176.5 of the Criminal Procedure Code.
Ruling of Krasnoarmiiskyi town-district court of Donetsk region of 14 September 2017, available at
reyestr.court.gov.ua/Review/68855569.
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