A/HRC/40/CRP.3
application under national legislation leading to restrictions of electoral rights and the right
to peaceful assembly.99 The prohibition to hold elections resulted in the cancellation of the
elections to territorial “hromadas” in the ten regions under martial law. 100 At the same time,
the prohibition to hold public assemblies was not strictly enforced. OHCHR observed that
public events did take place in the affected regions. Police in Odesa reportedly evoked the
martial law when dissolving a public event in order to unblock a traffic jam. 101
A.
Freedom of opinion and expression and freedom of the media
81.
Despite the decrease in the number of violations of freedom of expression and
freedom of the media during the reporting period, OHCHR continues to document cases of
interference in the work of media professionals and physical attacks and acts of
intimidation against them. Seven incidents took place during the period under review,
which led to nine human rights violations, including the persistent lack of investigations
into attacks against journalists and civic activists.
82.
On 18 November 2018, members of extreme right-wing groups used pepper spray
against a Canadian journalist covering a transgender rights public event in Kyiv and
punched him in the face. Police opened an investigation into the attack, classifying the
assault as ‘hooliganism’.
83.
OHCHR remains concerned about the failure of the Government to bring
perpetrators of attacks on civil society activists to account. OHCHR notes the creation of a
special parliamentary commission to investigate a lethal attack on a senior staff of the
Kherson city council and attacks on other activists.102 Concerns remain, however, about the
lack of effective investigations by law enforcement into these attacks so far.
84.
OHCHR documented two attacks against members of political parties during the
reporting period. On 28 November 2018, around 30 masked men attacked three political
activists in Odesa.103 On 12 December, a group of approximately 15 perpetrators, with
alleged links to extreme right-wing groups, stormed offices of a political party in Kyiv.
They beat at least two political activists and searched the offices. The police arrived after
the attack when the perpetrators had already left. 104
85.
Space for freedom of expression and freedom of the media remains highly restricted
in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’.
OHCHR is concerned that expression of any critical opinion or alternative view could lead
to arbitrary detention or other punishment of critics.
B.
Freedom of peaceful assembly and association
86.
OHCHR continued to document attacks by extreme right-wing groups on peaceful
assemblies organized by groups, with whose views they disagree. On 18 November 2018,
members of extreme right-wing groups attacked the transgender rights public event in Kyiv.
Despite the presence of the police on site, the members of extreme right-wing groups from
a counter-rally followed several event participants and attacked them by using pepper
99
100
101
102
103
104
22
Article 19 of Law of Ukraine ‘On the legal regime of martial law’ no. 389-VIII of 12 May 2015.
On 29 November 2018, the Central Electoral Commission of Ukraine cancelled the elections in
several territorial “hromadas” (united territorial communities), scheduled for 23 December 2018 in all
ten regions under martial law (in total 52 elections).
On 28 November 2018, a group of Odesa residents blocked a public road protesting against an
unlawful construction. Police dispersed the protest and apprehended one of the protestors for
disobedience. After a few hours in a police station, the protestor was released.
Established on 6 November 2018, the commission conducted numerous meetings with victims of
attacks, law enforcement, state and local officials, including in Odesa, Kharkiv and Kherson; OHCHR
interview, 18 January 2019.
OHCHR interview, 1 February 2019.
OHCHR interview, 7 February 2019. The police initiated a criminal investigation on charges of
hooliganism. However, the victims’ lawyer noted the absence of investigative activities.
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