A/HRC/45/CRP.9 14. Human rights violations in the context of criminal proceedings have been a concern since before the armed conflict broke out in eastern Ukraine.7 The armed conflict in the east has exacerbated existing problems and brought up additional issues. Criminal prosecutions relating to the armed conflict therefore serve as a litmus test for the overall criminal justice system in Government-controlled territory. OHCHR notes that some human rights violations stem from the legal framework and therefore can equally affect individuals prosecuted for non-conflict-related crimes on both sides of the contact line. This report and its recommendations are addressed to the Government and its international partners with the objective of strengthening the independence of the judiciary, judicial safeguards and protection of human rights. 15. OHCHR is concerned that in territory controlled by self-proclaimed ‘republics’ the above human rights violations may be perpetrated in non-conflict-related ‘proceedings’ as well. This report therefore addresses interlocutors from self-proclaimed ‘republics’ with the objective of ending practices that violate human rights. 16. As the occupying Power in Crimea, the Russian Federation is bound by human rights obligations, including in the administration of justice. In conflict-related cases8 monitored by OHCHR, the justice system applied by the occupying Power often failed to uphold fair trial rights and due process guarantees. OHCHR is concerned about the intimidation of defence lawyers representing clients who opposed to the presence of the Russian Federation in Crimea, and improper interference in the discharge of their professional duties to their clients. OHCHR is also concerned by reports of ineffective representation provided by legal aid lawyers to their clients in such trials, and deficiencies in the equality of arms between the prosecution and defence. Furthermore, in some cases, judges applied Russian Federation criminal law provisions retroactively to events that preceded the occupation of Crimea. II. Methodology 17. The report is based on 673 in-depth interviews with victims and witnesses of human rights violations perpetrated in the context of 517 criminal proceedings related to the armed conflict in eastern Ukraine.9 Information was also obtained from relatives of victims and their lawyers, Government representatives, civil society and other interlocutors, trial monitoring of 1,280 court hearings, as well as more than 3,300 court documents, official records, open sources and other relevant material. Findings are based on verified information collected from primary and secondary sources assessed as credible and reliable. Findings are included in the report where the “reasonable grounds” standard of proof is met, namely where, based on a body of verified information, an ordinarily prudent observer would have reasonable grounds to believe that the facts took place as described and, where legal conclusions are drawn, that these facts meet all the elements of a violation. 18. OHCHR is committed to the protection of its sources and therefore ensures the preservation of their confidentiality. OHCHR does not disclose any information, which may 7 8 9 4 See, e.g., Addendum to the Report of the Working Group on Arbitrary Detention on mission to Ukraine Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/10/21/Add.4, paras. 35 and 98 (g), available at undocs.org/A/HRC/10/21/ADD.4. For the purposes of this report, “conflict-related cases” in Crimea are prosecutions of individuals believed to be affiliated with Ukrainian Government, those holding pro-Ukrainian views, critics of the Russian Federation’s occupation of Crimea, and members of organisations banned in the Russian Federation but operating legally in mainland Ukraine. Charges against such individuals include, but are not limited to, espionage, sabotage, high treason, terrorism, illegal possession of weapons, extremism and membership in terrorist organisations. This report also includes prosecutions of Ukrainian citizens arrested in Crimea, but transferred to the Russian Federation for trial and/or to serve sentences. These 517 proceedings represent approximately 80 per cent of conflict-related criminal cases in which defendants have been remanded in custody pending trial, prosecuted in Dnipropetrovsk, Donetsk, Kharkiv, Kherson, Kyiv, Mykolaiv, Odesa, Poltava, Sumy, Vinnytsia, Zaporizhzhia and Zhytomyr regions.