members of law enforcement agencies, to stabilize the situation and restore normal life
in these regions”.
Law enforcement sector reform
111. On 4 June, Prime Minister Arseniy Yatseniuk instructed the Cabinet of Ministers to set
up a working group that will prepare legislation to reform the law enforcement system
by 1 August 2014. The working group will be headed by First Vice-Prime Minister,
Vitaliy Yarema, who stressed the need to develop draft laws on the police, the security
service and the prosecutor’s office. Experts from the European Commission and Poland
will assist the working group.
112. On 5 June, Parliament adopted the Law "On Amendments to the Law of Ukraine on
combating terrorism". The law provides a definition of a Counter-Terrorist Operation
(CTO), the authority of the CTO participants and other innovations. It also prescribes
the possibility of "physical elimination of the terrorists" in case of resistance. Speaking
at a press conference, the former acting Head of the Presidential Administration gave his
support to the introduction of martial law in the Donetsk and Luhansk regions, as well as
in the border areas of seven other regions of Ukraine.
B.
Freedom of peaceful assembly
113. After the 2 May events in Odesa, a police presence has been highly visible during
peaceful assemblies in all major cities of Ukraine. However, the real or perceived
inaction of law enforcement is a further challenge to ensuring accountability at such
events such as demonstrations, rallies and pickets.
114. Ahead of 9 May (Victory Day), for instance, security was heightened with numerous
checkpoints on roads in several cities the programme of celebrations was changed in
order to avoid situations that could provoke unrests, for example by cancelling parades.
Public commemorations and rallies took place in Kyiv, Kharkiv, Lviv and in many cities
in western and central Ukraine. In Donetsk, a rally gathering 2,000 persons went
peacefully.
115. However, legislation is required to regulate the conduct of assemblies in line with
international standards, as previously recommended by the HRMMU.59
116. A trend of local administration requesting courts to take measures to prevent peaceful
assemblies illustrates the need for relevant legislation. For instance, on 4 June, the
Mykolaiv District Administrative court decided to ban until 30 June all rallies planned in
the city centre further to a request from the City Council. The Mykolaiv City Council
had requested such a prohibition after 2 June when the police intervened to prevent
clashes between participants of two rallies running in parallel. The court justified the
ban, arguing that the right to life and health was more important than the right to
peaceful assembly.
C.
59
Freedom of expression
The OHCHR report on the human rights situation in Ukraine report, 15 April 2014, paras. 52-54.
91 | P a g e
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