A/HRC/43/CRP.5
was forced to walk despite having shrapnel wounds in his leg received at the time of his
apprehension, which caused him severe pain and suffering. 81 Others were forced to walk
with their heads bent below their knees while their arms were handcuffed behind their
backs.82
94.
Once detained in Moscow,83 all crew members were placed in solitary confinement
with no contact with the outside world for periods ranging from three to eleven days.
During their isolation, they had no access to natural light, exercise, TV, radio, newspapers
or cigarettes.84 In addition, the injured crew members complained of inadequate healthcare
and a lack of information provided on their medical well-being. Allegedly, the SIZO
medical staff repeatedly failed to change one of the victims’ bandages in a timely manner,
ignored his health complaints, refused to provide him with his medical records, and even
misinformed him that he had hepatitis.85
B.
Situation of detainees released from the Russian Federation
95.
Five Ukrainian detainees (all men) who had been arrested in Crimea were also
released during the simultaneous release on 7 September 86: Oleh Sentsov, Oleksandr
Kolchenko, Volodymyr Balukh, Yevhen Panov, and Edem Bekirov. With the exception of
Mr. Bekirov whose trial was pending, they had all been convicted between 2015 and 2018
and were serving their sentences in the Russian Federation.
96.
The released men informed OHCHR of torture and ill-treatment suffered either upon
apprehension or in detention facilities in both Crimea and in the Russian Federation. In the
majority of incidents, the Russian FSB and penitentiary workers were cited as perpetrators.
The torture and ill-treatment included electroshocks, threats of sexual violence, suffocation,
and beatings with wet towels, fists, metal objects, and bats.87 In several cases, the FSB
apprehended the victims with excessive force and without giving reasons for the arrest. The
victims were then held unofficially, with no formal status, until their arrest was
subsequently registered several hours/days later. It appears the FSB used the periods of
unofficial detention to engage torture and ill treatment to try to force the victims to selfincriminate or testify against others. In one case, the FSB coerced the detainee to refuse
private legal services by threatening to return him to the location of unofficial detention
where he had previously been brutally tortured. The victims and their lawyers raised several
incidents of torture and ill-treatment at the pre-trial stage as well as during their trials.
While in some cases pro-forma investigations reportedly took place, these have not resulted
in any prosecutions.
97.
In violation of international humanitarian law,88 the Russian Federation deported all
five detainees from Crimea to its own territory. While four of them were already serving
their sentences in the prison system of the Russian Federation when they were deported to
the Russian Federation, Mr. Bekirov was forcibly transported to Moscow by the FSB in the
cargo section of a passenger plane following his release from pre-trial detention in
Simferopol in August 2019.89 Those prisoners who were originally from Crimea — Messrs.
81
82
83
84
85
86
87
88
89
HRMMU interview, 12 November 2019.
HRMMU interview, 8 October 2019.
21 crew members were admitted to the Lefortovo SIZO. The three injured crew members were
initially admitted to the SIZO “Matrosskaya Tishina” and transferred from to Lefortovo SIZO in
January 2019.
HRMMU interview, 31 October 2019.
HRMMU interview, 12 November 2019
See Part IV for more information.
HRMMU interviews, 7, 9, and 21 October and 11 November 2019.
These cases illustrate a systematic violation by the Russian Federation as the occupying Power in
Crimea. Article 49 of Geneva Convention IV prohibits forcible transfers and deportations of protected
persons outside the occupied territory. The deportations of the released prisoners reflect the larger
trend of systematic deportations of detainees from Crimea to the Russian Federation to stand trial or
serve a prison sentence.
HRMMU interview, 4 November 2019.
27
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