A/HRC/43/CRP.5 Sentsov, Kolchenko, and Balukh — suffered from the automatic imposition of Russian Federation citizenship,90 although none held Russian Federation passports, in violation of international humanitarian law. Some of them reported being subjected to psychological pressure and threats by the FSB and later by penitentiary workers to accept Russian Federation passports in exchange for leniency.91 One consequence of treating the detainees as Russian citizens was the denial of Ukrainian consular visits to the detention facilities in the Russian Federation.92 In Mr. Panov’s case, the Ukrainian consul was allowed access only in the very late stages of detention in 2019, despite earlier unsuccessful attempts.93 98. OHCHR recorded a pattern of denial of visits by detainees’ relatives in facilities in Crimea and the Russian Federation during the pre-trial stage, as well as restrictions of visitation rights upon conviction. In some cases, relatives could visit the detainees only a year following their arrests. In addition, the Russian Federation penitentiary system imposes numerous restrictions on visitation in penal colonies, including the need to apply for special permissions, periodicity restrictions, and denial of visitation rights during periods when detainees are placed in punishment cells.94 Mr. Panov received access to a private lawyer only two months after his apprehension. Furthermore, he was threatened with his relatives’ arrests and ill-treatment if they travelled from mainland Ukraine to visit him. Mr. Balukh spent months in a punishment cell, which, amongst other restrictions, meant he was not allowed any visitors. Mr. Kolchenko was arbitrarily placed in punishment cells on major Russian holidays on pro-forma grounds, such as failure to say “hello” to a prison guard. Mr. Balukh and Mr. Kolchenko raised allegations of intimidation by penitentiary workers linked to their hunger strikes.95 The prison administration, for example, would make them watch prison guards or other detainees eat much better quality meals than were normally served in the colony. Mr. Kolchenko alleges that the prison administration threatened him with forced feeding to compel him to stop his hunger strike. 90 91 92 93 94 95 28 Under the Treaty on Accession of 18 March 2014, all Ukrainian citizens and stateless persons who were permanently residing in the Crimean peninsula were automatically recognized as citizens of the Russian Federation. Imposition of citizenship of the occupying Power can amount to a violation of the prohibition to force the inhabitants of an occupied territory to swear allegiance to the hostile Power. See 1907 Hague Regulations concerning the Laws and Customs of War on Land, article 45. HRMMU interviews, 7 and 21 October 2019. All three prisoners noted that rare exceptions were made and each was visited by the Ukrainian consul at least once during their detention. Mr. Panov, a resident of mainland Ukraine, was apprehended at the Administrative Boundary Line in 2016 and later deported to the Russian Federation. HRMMU interview, 11 November 2019. Placement of detainees in a punishment cell (Russian acronym “shizo”) is a sanction for violation of internal prison rules. While in practice the restrictions associated with placement in a punishment cell varies depending on the penal institution, they often include prohibition of meetings with relatives and other visitors, phone calls, and receipt of packages, limitations on personal belongings, and absence of access to a prison shop. Detainees placed in punishment cells reported significantly worse conditions from the rest of the penal institution, including sanitary conditions, such as absence of a toilet. Mr. Balukh went on hunger strikes to protest additional charges brought against him and the denial of consular visits. Both Mr. Kolchenko and Mr. Sentsov went on hunger strikes in protest of political persecution of Ukrainians.

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