A/HRC/40/CRP.3
banned Muslim groups, as well as the fact that they had possessed, read and discussed
books deemed to be ‘extremist’ under the Russian law despite the absence of any evidence
indicating that they had called for or planned to engage in any form of violence or violation
of public order.
107. OHCHR notes with concern that in September 2016, four other Crimean Tatar men
received long prison sentences for their alleged membership in the same organization, 129
while at least 11 other Crimean residents are currently on trial on similar charges. 130
OHCHR reiterates that freedom to manifest one’s religion or belief may only be limited on
the grounds prescribed by law, which are necessary to protect public safety, order, health,
morals or the fundamental rights and freedoms of others. 131
108. During the reporting period, at least five criminal cases against Crimean residents
charged for their alleged anti-Russian statements in social media were closed following the
de-criminalization of a single act of “incitement of hatred or violence” under Russian
law,132 which is de facto applied in Crimea. Previously, OHCHR reported extensively about
the systematic use by the Russian Federation authorities of the anti-extremism legislation in
Crimea against critics of the peninsula’s occupation and vocal pro-Ukrainian activists.133
OHCHR welcomes this positive step by the Russian Federation, although the extent to
which such de-criminalization will be implemented remains to be seen.
D.
Illegal population transfers and freedom of movement
109. According to the Russian Federation judicial registry, in 2018, courts in Crimea
ordered deportation from the peninsula of at least 435 individuals considered foreigners
under Russian Federation laws, including 231 Ukrainian nationals. Of the total number in
2018, at least 50 individuals were “forcibly removed”, a procedure that prescribes
placement in temporary detention before deportation. Many of the deported were Ukrainian
citizens, whose residence rights in Crimea were not recognized by authorities. In one case,
a man, who had relocated to Crimea from Kyiv to undergo medical rehabilitation, was
deported after having been compelled to cooperate with law enforcement, or risk
detention.134
110. Deportations of protected persons from Crimea occur against the backdrop of
restrictions imposed on free movement between mainland Ukraine and the peninsula.
During the reporting period, the Federal Security Service of the Russian Federation denied
entry to a Ukrainian journalist and banned her from Crimea for 10 years. 135 Russian border
officials informed the journalist of the ban at one of the crossing points of the
Administrative Boundary Line without any explanation of the specific grounds for such
decision. Russian authorities issue similar bans to other journalists, civic activists, or other
public figures, who are perceived as critics of Crimea’s occupation.136
111. Individual or mass forcible transfers, as well as deportations of protected persons
from occupied territory to the territory of the occupying Power, or to that of any other
country, occupied or not, are prohibited under international humanitarian law, regardless of
129
130
131
132
133
134
135
136
See OHCHR report on the human rights situation in Ukraine, 16 August - 15 November 2016, para.
164.
See OHCHR report on the human rights situation in Ukraine, 16 May - 15 August 2018, para. 111112.
ICCPR, art. 18 (3).
Law of the Russian Federation No 519-FZ, 27 December 2018.
See inter alia OHCHR second thematic report “On the situation of human rights in the temporary
occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine”, 13 September 2017 30 June 2018, para. 46.
OHCHR interview, 21 November 2018.
OHCHR interview, 29 November 2018.
See OHCHR first thematic report “On the situation of human rights in the temporary occupied
Autonomous Republic of Crimea and the city of Sevastopol, Ukraine”, 22 February 2014 - 12
September 2017, para. 128.
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