On 23 July, the President signed into law partial mobilization according to which, for the
following 45 days, people aged between 18 and 60 are to be mobilized for deployment to the
security operation. According to the Ministry of Defence, up to 50,000 people could be
mobilized, bringing the total number of active servicemen to 100,000. The law applies to all
regions of Ukraine, except Crimea. Students, members of Parliament and men or women with
no military experience were exempt from the mobilization plan. It was clarified later that this
mobilization would also apply to eligible IDPs.
According to the presidential decree that was approved by Parliament on 22 July, the need to
declare partial mobilization was justified by the concentration of forces with significant
offensive potential on the territory of the Russian Federation near the border with Ukraine, the
threat of an attack, and a threat to Ukraine's state independence. This is the third wave of
mobilization of servicemen and reservists since the beginning of the security operation in midApril.
Ukraine’s Parliament on 12 August adopted three laws that would significantly expand the
powers of law enforcement bodies in the areas where the security operation is being
conducted.146 Although these laws are intended to address a temporary situation – the current
security operation in eastern Ukraine – there is no provision concerning their term of validity
and their temporary character is not mentioned. These laws appear to be in conflict with
international human rights norms and standards. While it is acknowledged that times of
emergency might require limiting certain guarantees, in all circumstances such measures must
remain consistent with the norms of international law.147
One law148 would extend the period of time a suspect could be held in preventive detention on
suspicion of terrorism without initiating criminal proceedings and a court decision. The
Criminal Procedure Code requires that a suspect be brought before a court within 60 hours (72
hours for judgment) while the new law allows a suspect to be held for up to 30 days before
appearing before a court. This appears to be in conflict with international human rights norms
and standards, in particular article 9(3) of the International Covenant on Civil and Political
Rights which requires that “(any)one arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by law to exercise judicial
power…” (emphasis added).
In a second law,149 Parliament expanded the authority of the prosecutor in emergency
situations or under martial law. In this law, the prosecutor is given judiciary functions in that
the prosecutor can order searches of property, documents, premises and other related activities
in cases of suspected terrorist activity. Previously only a court could authorize this. The law
does not provide for any appeal mechanism regarding the prosecutor’s action. It is in
contravention of provisions of the Ukraine Constitution prohibiting any delegation of court
functions, the limitation of rights and personal immunity. In addition, the law runs conflicts
with international recommendations, which call for reducing the powers of the prosecution not
related to the criminal justice process.
The third law,150 regarding conditions permitting the use of force, special munitions and guns
without notice in the region of the security operation, would enable the police to shoot at a
person under any circumstances without warning. This law, if applied in the context of law
enforcement operations, could be contrary to the UN Basic Principles on the use of force and
firearms by law enforcement officials, which stipulate that intentional use of firearms may
146
As of 28 August all three laws entered into force.
Report of the Working Group on Arbitrary Detention, E/CN.4/2004/3.
148
Amendment to the Law of Ukraine “On Fighting Terrorism”.
149
Amendment to the Criminal Procedure Code of Ukraine regarding a special regime of pre-trial investigations
under martial law, state of emergency and in the region of the anti-terrorist operation.
150
Amendment to the Law of Ukraine “On Police”
147
216 | P a g e
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