A/HRC/41/CRP.2 49. OHCHR remains concerned about the practice of 30-day ‘administrative arrest’47 and ‘preventive arrest’48 in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ respectively. Such practices constitute arbitrary and incommunicado detention and may amount to enforced disappearance. 50. In territory controlled by ‘Donetsk people’s republic’, OHCHR documented four cases of civilians detained at EECPs by the ‘ministry of state security’ of ‘Donetsk people’s republic’. For example, on 26 February 2019, a mother finally learned that her two sons had been transferred to the Donetsk SIZO and charged with “espionage” following their disappearance in 2018.49 On 8 November 2018, two brothers, one with a physical disability travelled by car to territory controlled by ‘Donetsk people’s republic’ in Novoazovsk, to visit relatives. Their mother tried to call them after they had crossed the Government-controlled EECP, but their phones were switched off. In November 2018 and January 2019, their mother received several written replies from the ‘ministry of state security’ of ‘Donetsk people’s republic’ and the ‘ombudsperson office’ stating that they did not have any information about her sons’ location. It was the ‘general prosecutor’s office’ that confirmed her sons’ whereabouts on 26 February 2019. 51. On 3 March 2019, reportedly, a man got into an argument with representatives of the ‘ministry of state security’ of ‘Donetsk people’s republic when crossing the contact line through Olenivka EECP by car. The incident began after some cars were allowed to cut the line. The man was taken into a booth and was verbally abused there. When he resisted, he was beaten. He fainted, and when he regained consciousness, he realised he had been handcuffed and thrown on the floor. He was then taken outside and left handcuffed to a fence for an hour. They then threatened to kill him. He was released after signing documents which he was not allowed to read. 52. In territory controlled by ‘Luhansk people’s republic’, OHCHR documented a case when a civilian was detained at an EECP. On 23 February 2019, representatives of the ‘ministry of state security’ of ‘Luhansk people’s republic’ detained a man travelling to visit his friends in territory controlled by ‘Luhansk people’s republic’ at Stanytsia Luhanska EECP. After a witness informed the victim’s mother about what had happened, she went to the EECP to inquire about her son’s whereabouts. The representatives of the ‘ministry of state security’ told her that they had no information about him. It was only on 19 March 2019 that his mother was informed that her son had been detained under the ’preventive arrest’ procedure by the ‘ministry of state security’ of ‘Luhansk people’s republic’.50 On 26 April 2019, the victim was released from the premises of the ‘ministry of state security’ of ‘Luhansk people’s republic’. 53. In April 2019, OHCHR followed up on a case, previously documented, regarding the apprehension of two brothers by unidentified persons in Luhansk region on 17 February 2017. In the beginning of March 2017, their mother visited the ‘ministry of state security’ and the ‘ministry of interior’ of the ‘Luhansk people’s republic’ and filed an application to request information on the whereabouts of her sons. Only in April 2017 did she receive a phone call from a lawyer, informing her that both of them had been detained by the ‘ministry of state security’ on 17 February 2017 and kept in the premises of the ‘ministry of state security’. In January 2018, both victims were transferred to Luhansk SIZO.51 47 48 49 50 51 16 ‘Administrative arrest’ was introduced on 8 August 2014 in territory controlled by ‘Donetsk people’s republic’. During 30-day period, individuals are held incommunicado. After the initial 30 days expire, the ‘prosecutor’ would often issue an ‘order’ with new ‘grounds’ for ‘administrative arrest’ and detention. See also OHCHR Report 16 November 2017 to 15 February 2018, para. 33. ‘Preventive arrest’ was introduced on 2 February 2018 in territory controlled by ‘Luhansk people’s republic’. It may be applied for up to 30 days, with the possibility to extend to 60 days, based on allegations that a person may have been involved in crimes against the security of the ‘republic’. During ‘preventive arrest’, detainees are denied access to lawyers or relatives. See also OHCHR report 16 November 2018 to 15 February 2019, para. 53. OHCHR interview, 13 March 2019. OHCHR interview, 27 February 2019. OHCHR interviews, 31 January and 17 April 2019.