chuka_lis: (lotus)
Заключение (думаю, вполне само за себя говорит):
http://www.ohchr.org/Documents/Countries/UA/11thOHCHRreportUkraine.pdf
I. EXECUTIVE SUMMARY

1. This is the eleventh report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the situation of human rights in Ukraine, based on the work of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU)1. It covers the period from 16 May to 15 August 2015 (2).

2. During the reporting period, the situation in Ukraine continued to be marred by
ongoing armed hostilities in some areas of Donetsk and Luhansk regions reportedly fuelled by the presence and continuing influx of foreign fighters and sophisticated weapons and ammunition from the Russian Federation. These hostilities continued to result in violations of international human rights law and international humanitarian law. Lack of accountability for such acts persisted, particularly in areas affected by the conflict, including territories controlled by the self-proclaimed ‘Donetsk people’s republic’ 3 and self-proclaimed ‘Luhansk people’s republic’ 4, and other parts of Ukraine under the control of the Government.

3. Despite the absence of large-scale offensives since mid-February 2015, locally-
contained escalations of fighting occurred in various places, notably in the Government- controlled town of Mariinka (Donetsk region) on 3 June, and near the Government-controlled village of Starohnativka and the village of Novolaspa сontrolled by the armed groups (both in Donetsk region), on 9 and 10 August. The withdrawal of heavy weapons from the contact line as foreseen in the Minsk Agreements remained partial with the armed groups and the Ukrainian military using mortars, canons, howitzers , tanks and multiple launch rocket systems in daily clashes and exchanges of fire along the contact line.

4. Shelling of populated areas on both sides of the contact line, especially of the cities of Donetsk and Horlivka (controlled by the armed groups) and of the Government-controlled towns of Avdiivka and Mariinka – all in Donetsk region – persisted and, together with explosive remnants of war (ERW) and improvised explosive devices (IEDs) continued to claim civilian lives. In total, since mid-Аpril 2014 until 15 August 2015, at least 7,883 people (Ukrainian armed forces, сivilians and members of the armed groups) have been killed, and 17,610 injured in the conflict area in the east of Ukraine5 . HRMMU noted an increase in civilian casualties in this three month reporting period with 105 civilians killed and 308 injured compared to the previous three month reporting period when 60 civilians were killed and 102 civilians were injured. In the post-ceasefire period of 16 February to 15 August 2015, HRMMU recorded 165 civilian deaths and 410 civilians injured.

5. More centralized civilian ‘administrative structure s’ and ‘procedures’ continued to develop in the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. These include the ‘legislature’, ‘judiciary system’, ‘ministries’ and ‘law enforcement’. ‘Donetsk people’s republic’ reportedly began issuing passports to residents of the territories under its control. Among other ‘laws’, ‘legislative bodies’ of ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ have adopted a number of ‘legislative acts’ governing criminal prosecution 6 in the territories under their control. The HRMMU notes that all these ‘structures’ and ‘procedures’ in neither way conform to international law and national legislation of Ukraine.

6. HRMMU continued to receive and verify allegations of killings, abductions, torture and ill-treatment, sexual violence, forced labour, ransom demands and extortion of money on the territories controlled by the ‘Donetsk people’s republic’and ‘Luhansk people’s republic’. It also received reports of isolated incidents where armed groups disrupted religious services and intimidated several religious communities. An estimated three million people continue to reside in the territories under control of the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ without protection from the human rights violations and abuses of the armed groups and their supporters. The estimated hundreds of people held by the armed groups are at particular risk of being tortured, ill-treated or otherwise abused.

7. Very limited progress has been achieved so far into investigations of human rights violations committed by the armed groups in the east. Ukrainian law enforcement entities claim that investigations are impeded by the lack of due access to the sites and the difficulty in identifying suspects and weapons. Available court decisions sanctioning members of the armed groups are mainly linked to charges of trespassing and violating the territorial integrity of Ukraine as well as the illegal handling of weapons; most defendants have pleaded guilty and been handed down a prison sentence with a probation period. HRMMU has received testimonies of plea bargains being made by individuals under torture or duress.

8. HRMMU continued to observe a persistent pattern of arbitrary and incommunicado detention by Ukrainian law enforcement officials (mainly by the Security Service of Ukraine) and military and paramilitary units (primarily by former volunteer battalions now formally incorporated into the Ukrainian armed forces, National Guard and police), which is often accompanied by torture and ill-treatment of detainees, and violations of their procedural rights. HRMMU continues to advocate for proper and prompt investigation of every single reported case, and for prosecution of perpetrators.

9. Accountability continued to be sought for the killing and other human rights violations committed during the Maidan protests in Kyiv, and for the deaths which occurred on 2 May 2014 in Odesa. With regard to Maidan, the jury trial7 in the case of the two Berkut (special riot police) officers accused of killing 39 protestors in Kyiv on 20 February 2014 during the Maidan protests, started on 6 July 2015. Seven other Berkut officers have been in pre-trial detention charged with killing of protest ors on 18 and 20 February. Investigations into the involvement of other identified Berkut officers and former senior Government officials in the killing of protestors have been protracted. Likewise, limited progress has been observed in accountability into the 2 May 2014 violence in Odesa. OHCHR is concerned with the protracted investigation into the negligence of the police and fire brigade surrounding the violence in the city centre and fire at the Trade Unions building, which resulted in 48 deaths that day. To date, only ‘pro-federalism’ supporters have been charged with mass disorder in the city centre, which result ed in six deaths.

10. On 16 June, the Temporary Order 8 issued by the Government of Ukraine on 21 January 2015 to impose movement limitations for individuals and cargo between the Government-controlled territories and territories controlled by the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, was revised further following advocacy by national and international organizations. On 7 July, the Government launched a web-portal to obtain electronic permits required fоr crossing the contact line. The full enjoyment of the freedom of movement, however, has remained problematic. Civilians still spend hours, and even overnight, at check points located along one of the three transport corridors. With the cessation of bus services between the Government-controlled territories and territories under the control of the armed groups, those without private means of transport have to walk several kilometres. While waiting at check points over long periods of time, civilians are exposed to shelling as well as ERW and IEDs along the roads.

11. The regulations of the revised Temporary Order, particularly the prohibition of
commercial cargo of food and medicine, taxation of humanitarian aid, and the availability of only one transport corridor for cargo, have complicated the delivery of food and medicine to the territories controlled by the armed groups. Furthermore, the process of ‘registration’ of humanitarian organisations introduced by the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ in June 2015, has complicated the operation of external or externally supported humanitarian actors in the areas controlled by armed groups. Since mid-July, such humanitarian assistance has been severely curtailed as the armed groups consider registration as a pre-condition to operate. This lack of access and delivery of humanitarian assistance is of particular concern with the approach of winter. It is also of concern that the Russian Federation has continued to send white-truck convoys without the full consent or inspection of Ukraine, and their exact destination and content could not be verified.

12. People living in the territories controlled by armed groups continued to face obstacles in exercising any type of rights: civil, political or economic, social and cultural. They experience particular problems in accessing quality medical services and social benefits. In order to receive their benefits, people have to either move or regularly travel across the contact line to the Government-controlled areas. Adults aged from 21 to 60 years old and families with one or two children in the territories controlled by the armed groups are becoming increasingly vulnerable due to their limited access and entitlement to social and humanitarian assistance. The quality of food and water available to the population affected by the conflict is also deteriorating, leading to a decreasing standard of living.

13. The situation for those residing on both sides of the contact line is especially dire, as their access to humanitarian and medical aid is impeded due to security reasons and the prohibition of the transportation of cargo. This has resulted in an increase in prices on the available goods. HRMMU notes that the National Human Rights Strategy9stresses the necessity of “ensuring the rights of persons living in the settlements of Donetsk and Luhansk regions where state authorities temporarily do not perform or partially perform their duties”.

14. The conflict aggravates the overall economic deterioration in the country causing further hardship for the population. Since the beginning of the year, real income dropped by 23.5 per cent, wage arrears reached UAH 1.9 billion (approximately USD 87 million), while prices for basic commodities have increased by 40.7 per cent. Deterioration of the economic situation makes it more difficult for the Government to progressively realize economic and social rights.

15. The growing number of internally displaced persons (over 1.4 million)10 and of wounded civilians and soldiers, have created new challenges for the Government of Ukraine to ensure proper access to quality medical care. So far, Ukrainian and international volunteers, private donors and charity foundations have provided most of the rehabilitation services and necessary equipment.

16. In July and August, HRMMU observed two transfers 11to the Government-controlled areas of convicts and pre-trial detainees, who due to the conflict had fallen within the ‘penitentiary system’ of the ‘Donetsk people’s republic’. Initiated by the Ombudsperson of Ukraine, the transfers resulted from her negotiations with the ‘ministry of justice’ and the ‘penitentiary administration’ of the ‘Donetsk people’s republic’. HRMMU facilitated the process, using its good offices to act as an initial intermediary between the parties, which enabled a group of foreign prisoners and detainees to be transferred to the Ukrainian penitentiary system and thus returned to the judicial system under which they were sentenced or were facing trial.

17. As reported previously12, on 5 June, the Government of Ukraine notified the United Nations and the Council of Europe about its decision to derogate from certain obligations under the International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The derogation will have a negative impact on the enjoyment of human rights in certain areas of the Donetsk and Luhansk regions. A positive development was thesigning on 6 July by President Poroshenko of a law enabling Ukraine to join the International Convention for the Protection of All Persons from Enforced Disappearance3.

18. On 31 July, the Constitutional Court approved a package of constitutional amendments on decentralization developed by the Constitutional Commission14, which is expected to be adopted by the Parliament before the local elections on 25 October 2015. Another package of constitutional amendments concerns the judiciary and is aimed, inter alia, at increasing its independence from the President and the Parliament.The package incorporates comments from the European Commission for Democracy through Law and is pending final approval by the Constitutional Commission. A package on human rights, which is to increase conformity of the Constitution with the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Charter of Fundamental Rights of the European Union and UN human rights instruments is under development.

19. On 14 July, the Parliament of Ukraine adopted a law on local elections which will govern nation-wide local elections scheduled for 25 October 2015 (except for the “territory of the Autonomous Republic of Crimea” and “certain territories15 of Donetsk and Luhansk regions” where elections will not be held “because of temporary occupation and armed aggression of the Russian Federation and impossibility to ensure the observance of OSCE standards regarding elections”). The ‘Luhansk people’s republic’ announced its ‘local elections’ would be held on 1 November, while the ‘Donetsk people’s republic’ is still to determine a date; should these ‘elections’ be held, they would contravene the Constitution of Ukraine and the Minsk Agreements.

20. The situation in the Autonomous Republic of Crimea 16, the status of which is
prescribed by General Assembly resolution 68/262, continued to be characterized by human rights violations committed by the de factoauthorities. Former Maidan activists resident in Crimea continued to be under scrutiny of the ‘investigative’ bodies. Dissenting voices continued to be effectively silenced and denied any public space, especially as regards to those Crimean Tatars organizations which the de facto authorities consider non-loyal or claim to be extremist. HRMMU notes with concern that the increasingly restrictive conditions placed by the de facto authorities applying legislation of the Russian Federation on the activities of civil society organizations could lead to the impossibility for them to re-register and operate in Crimea, and, as a result, significantly infringe full enjoyment of freedoms of expression, peaceful assembly and association by local population. The right to the enjoyment of the highest attainable standard of physical and mental health continues to be affected by problems in obtaining medical treatmentand delays in assisting patients.

21. OHCHR positively notes the efforts of the Government of Ukraine in bringing
together the Ministries of Defence, Justice, Social Policy and Office of the Prosecutor General under the auspices of the Ministry of Foreign Affairs, to discuss and respond to the findings of the tenth OHCHR report. A number of actions are to be welcomed; in particular, OHCHR notes the decision to strengthen the human rights training of members of the Armed Forces of Ukraine and the Ministry of Internal Affairs of Ukraine.
chuka_lis: (lotus)
EXECUTIVE SUMMARY
1.
This is the sixth monthly report of the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in Ukraine, based on the work of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU). It covers the period from 18 August to 16 September 2014.
2.
By 18 August, the Government of Ukraine regained control of some areas in the Donetsk and Luhansk regions that had earlier been seized by the armed groups, and had restored law and order. Residents of these areas, who had fled the fighting, started returning home as of early August. Government ministries and volunteer groups began restoring essential services, clearing away rubble and unexploded ordinance, and rebuilding damaged areas. In Slovyansk, basic services were restored and residents started receiving social welfare benefits and pensions that had not been paid since April when the city first fell under the control of the armed groups. As the cities of Donetsk and Luhansk remained under the control of the self-proclaimed ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, (1) the Ukrainian armed forces tightened the blockade around both of the secities in an effort to take them back.
3.
Between 24 August and 5 September, fighting escalated in the east. Armed groups of the self-proclaimed ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ were bolstered by an increasing number of foreign fighters, including citizens of the Russian Federation (2).
On 27 August, the so-called ‘prime minister’ of the ‘Donetsk people’s republic’, Alexander Zakharchenko, stated on Russian State television that 3,000 - 4,000 Russians were fighting alongside the armed groups, including former or serving Russian soldiers, on leave from their posts.
Incursions were made by the armed groups into areas that the Government forces had recently regained particularly in the Donetsk region. In a number of areas, Ukrainian armed forces reported being bombarded by the armed groups with advanced weaponry. Ukrainian forces were pushed back from their positions in other areas of the southeast, including the border town of Novoazovsk, captured from Ukrainian armed forces on 27 August.
4.
The escalation of hostilities led to a sharp increase in casualties among civilians, members of the armed groups and Ukrainian servicemen. From mid-April to 16 September, at least 3,517 people had been killed (including the casualties of the Malaysian airlines MH17 crash) and at least 8,198 wounded. (3)
While the HRMMU has not been able to obtain disaggregated data on casualties among civilians and armed elements, it appears that the majority of civilian victims were killed due to indiscriminate shelling in residential areas and the use of heavy weaponry. There were continued reports of armed groups positioning, and intermingling, within urban communities, endangering civilians. Some of the reported cases of indiscriminate shelling in residential areas can be attributed to the Ukrainian armed forces. The unknown number of military casualties has increased anxiety within communities, and is fuelling protests. 5.
During the reporting period, international humanitarian law, including the principles of military necessity, distinction, proportionality and precaution continued to be violated by armed groups and some units and volunteer battalions (4) under the control of the Ukrainian armed forces. It is critical for all those involved in the conflict to comply with international humanitarian and human rights law, and to be fully aware of the consequences of their actions, and the concept of command responsibility.
6.
In late August, the Trilateral Contact Group comprising senior representatives of Ukraine, the Russian Federation and the OSCE Chairperson -in-Office, established to facilitate a diplomatic resolution to the fighting and introduced into their talks the political representatives of the ‘Donetsk and Luhansk peoples’ republics’. After the first face to face meeting on 1 September, a consultation process began, during which the Presidents of Ukraine and the Russian Federation discussed and tabled elements of a peace plan. On 5 September, at a meeting in Minsk the representatives of Ukraine, the Russian Federation, and the ‘Donetsk and Luhansk peoples’ republics’ signed a 12-point Protocol (5), and declared a ceasefire, to be implemented on the same day.
7.
This ceasefire is increasingly fragile, with daily reports of skirmishes, shelling and fighting. Although there have been fewer casualties, civilians and military personnel continue to be killed on a daily basis. Some areas in the conflict zone report calm, such as Luhansk city, while others have been the scene of increasing fighting and hostilities, such as Donetsk airport, which has seen a surge in fighting as of 13 September. Since the ceasefire, there are reports that the Ukrainian military has been shelled by the armed groups many times. Reportedly, 49 servicemen have been killed and 242 wounded.
8.
Two key human rights priorities emerged from the 12-point -Protocol: the immediate release of all hostages and detainees (6) and an amnesty (7) in connection with the conflict in parts of the Donetsk and Luhansk regions. Both elements have been included in a draft law on ‘the prevention of persecution and punishment of participants of events on the territory of Donetsk and Luhansk regions’ adopted on 16 September pursuant to the Minsk Protocol. The law excludes amnesty for crimes, including genocide, terrorism, murder and infliction of serious bodily injuries, sexual crime, hostage -taking and human trafficking. Also on 16 September, Parliament adopted a law offering special status to parts of the Donetsk and Luhansk regions, thereby fulfilling another requirement of the Minsk Protocol aimed at strengthening the ceasefire and advancing peaceful solutions. The two Bills need to be signed by the President to enter into force. While both have the potential to play a critical role in reconciliation and creating an environment for sustainable peace, strategies for their implementation need to be developed with the participation of victims and civil society more broadly. These should be designed to enable implementation of the legislation to be in accordance with international norms and standards,
including UN General Assembly resolution 68/262, through the assistance and guidance of relevant international organizations, and with a view to guaranteeing due process. The President publicly advocated for the two draft laws during their passage, both before the Government and Parliament. The response of the leaders of the so-called 'Donetsk and Luhansk peoples’ republics’ has been mixed, with the former stating that he found that the document contained ‘certain points to start a dialogue’, but he still challenged any measure to remain with Ukraine, while the latter stated that the draft law gave a ‘peaceful settlement its first chance’ (8).
9.
Armed groups continued to terrorise the population in areas under their control, pursuing killings, abductions, torture, ill-treatment and other serious human rights abuses, including destruction of housing and seizure of property. They abducted people for ransom and forced labour and to use them in exchange for their fighters held by the Ukrainian authorities. The y also continued to practice forced mobilisation of civilians and threatened the local population with executions. Reports also continued of parallel governing structures being set up in the ‘Donetsk and Luhansk peoples’ republics’. An unlawful ‘criminal code’ was adopted by the so-called 'presidium of the council of ministers’ of the ‘Donetsk people’s republic’; and entered ‘into force’ on 18 August. Modelled on the criminal code of the Russian Federation, its provisions include the establishment of military tribunals to implement death sentences to be applied in cases of aggravated murder.
10.
There have also been continued allegations of human rights violations committed by some volunteer battalions under Government control, which have been undertaking police functions in many of the liberated towns and villages. The Government needs to exercise more control over all of its forces, including the volunteer battalions, and to ensure accountability for any violations and crimes committed by their members.
11.
With the increasing number of reports of grave violations of international humanitarian and human rights law committed in the conflict area, it is crucial to establish accountability. The humanitarian situation in the areas controlled by the armed groups remained precarious, even after the ceasefire, especially in the Luhansk region. Humanitarian assistance largely depends on volunteers and a few international organisations, namely the International Committee of the Red Cross (ICRC) and Médecins Sans Frontières (MSF). Despite the ceasefire, many people in the conflict area remained for a second month deprived of water and electricity, with limited access to health care and educational services.
On 22 August and 13 September, the Russian Federation authorities sent white-truck convoys to eastern Ukraine, without the consent of the Government of Ukraine. Such humanitarian convoys must be undertaken in full compliance with international standards, and the procedures of relevant international organisations, including proper inspections, before entering the territory of Ukraine.
12.
The ceasefire encouraged many internally displaced persons (IDPs) to go back to their homes in the regions of Donetsk and Luhansk. Some went back to their homes just to collect belongings, others have remained. Those who have returned face serious difficulties besides the volatile security situation, private property has been destroyed or damaged, and employment is limited as many business or industries have now closed down.
13.
At the same time, more than 275,489 registered IDPs (9) remained partly without the commensurate assistance and care. Most IDPs still live from their savings and the generosity of family and friends willing to host them.The conflict in the east has triggered a wave of solidarity among Ukrainians, but the capacity of absorption within host communities has been weakening. There have been some reports of increased tensions between residents and IDPs mostly due to a growing distrust vis-à-vis persons coming from the areas controlled by the armed groups, and 6 suspicions of potential connections with such groups. It is crucial for the authorities to defuse such tensions. It is also important that the draft IDP law under review by Parliament be adopted promptly so as to allow the provision of basic services, including the possibility for IDPs to access health care, education and employment, in line with the UN Guiding Principles on Internal Displacement.
14.
Some protests against mobilization have been reported and the lack of rotation for soldiers at the front is allegedly leading some servicemen, on ‘leave’, not to return.
15.
Authorities and residents throughout Ukraine are particularly concerned about the coming winter months, especially because of the expected gas shortages. This is a particular issue for those living in temporary shelters and camp sites that are ill-equipped, and for those who have returned to areas affected by the conflict, where properties have been damaged.
16.
On 27 August, a presidential decree announced the holding of extraordinary parliamentary elections on 26 October 2014. It is critical for these elections to be held transparently, freely and fairly in an environment which allows the participation of the electorate throughout the country. Ensuring the protection of freedoms of expression, peaceful assembly and association will be particularly crucial. Elections are an opportunity to encourage greater participation of women in political life, as they only constitute 10 per cent of all parliamentarians. How people will be able to exercise their right to vote in the eastern regions under the control of the armed groups is unclear.
The precedent of the Presidential election raises serious grounds, as well as with the ongoing curtailment on the freedoms of expressions and peaceful assembly in these areas , which are an essential element for a free and fair electoral process.
17.
The investigations into the unlawful killing of protesters and the Maidan violence of November 2013 –February 2014 continued. On 5 September, an ‘Interim Parliamentary Commission’ report, including on the 2 May Odesa violence, was published and is now under consideration in Parliament. It has highlighted some new elements, such as the use of chloroform in the Trade Union Building. Other investigations into the 2 May violence continue, including by the Office of the General Prosecutor and the Ministry of Internal Affairs (MoIA). It remains critical to ensure the impartiality of all ongoing judicial processes in order to guarantee accountability and justice for the victims.
18.
In the Autonomous Republic of Crimea, the human rights situation continued to be marked by multiple and ongoing violations. As previously reported, the introduction of Russian Federation legislation, in contravention with General Assembly resolution 68/262, continued to curtail freedoms of expression, peaceful assembly and association, religion or belief. Property rights have been violated through ‘nationalisation’ and the illegal seizure of property by decision of the de facto authorities and actions by the so-called ‘Crimean self-defence’. Law enforcement personnel continued to conduct searches, particularly among the Crimean Tatar and Ukrainian population, claiming to look for ‘extremist’ material. The number of IDPs from Crimea on mainland Ukraine has further increased to 17,794.(10) The HRMMU continued to seek access to Crimea, and reiterated a request to establish a sub-office there.
19.
On 16 September, the Parliaments of Ukraine and the European Union ratified the EU Association Agreement in simultaneous sessions, moving towards the establishment of political association and a free-trade area between the two parties. The key provisions on free trade will not be implemented until December 2015 at the earliest.

(1)Henceforth referred to as either the ‘Donetsk people’s republic’ or the ‘Luhansk people’s
republic’.
(2) On 7 September, Amnesty International stated that it believed the Russian Federation to be fuelling the conflict through direct and indirect interference. It reported that it had compelling evidence that the fighting had burgeoned into what it considered to be an international armed conflict. It also accused both the ‘Ukrainian militia and separatist forces’ of being responsible for war crimes.
(3) These are very conservative estimates by the UN HRMMU and World Health Organization based on the official data, where available. These totals include: casualties of the Ukrainian armed forces as reported by the Ukrainian authorities; the 298 people killed in the crash of the Malaysian Airlines flight MH17 on 17 July; and casualties reported by civil medical establishments and local administrations in the Donetsk and Luhansk regions. The casualties reported by medical establishments include civilians and some members of the armed groups (without distinguishing them). Only a fraction of them have been reported by medical establishments.OHCHR and WHO estimate that the actual numbers of fatalities may be much higher.
(4)This is a generic term applied to type of ‘military’ battalion s recently created, which are currently fighting in the conflict in the east. They have been formed on the basis of the voluntary participation of individuals. These battalions comprise those placed under the command of the Ministry of Defence (known as territorial battalions), and those under the Ministry of Internal Affairs (known as special police battalions).
(5)Protocol on the results of consultations of the Trilateral Contact Group with respect to the joint steps aimed at the implementation of the Peace Plan of the President of Ukraine, Petro Poroshenko and the initiatives of the President of the Russia in Federation, Vladimir Putin. It was signed by the Swiss diplomat and OSCE representative Heidi Tagliavini, Former president of Ukraine and Ukrainian representative Leonid Kuchma, Russian Ambassador to Ukraine and Russian Federation representative Mikhail Zurabov,
‘Donetsk peoples’ republic and Luhansk peoples’ republic’ leaders Aleksandr Zakharchenko and Ihor Plotnytskiy respectively.
(6) Point 5, of the above -mentioned protocol ‘Release immediately all hostages and illegally detained persons’.
(7) Point 6, of the above -mentioned protocol ‘Adopt the law on non-prosecution of persons in connection with events that took place in some parts of Donetsk and Luhansk regions of Ukraine’.
(8) According to the ‘prime minister’ of the ‘Luhansk People’s republic’, the law is "largely in line with our negotiating position ... Therefore, although there is still much uncertainty, it can be said that a peaceful settlement has its first chance".
(9) State Emergency Service, 18 September, 2014.
(10) Ibid




http://www.ohchr.org/Documents/Countries/UA/OHCHR_sixth_report_on_Ukraine.pdf
chuka_lis: (lotus)
EXECUTIVE SUMMARY

1.
Intense and sustained fighting, as a result of the continuing violence by the armed groups and the ongoing security operation being undertaken by the Ukrainian Government, took a heavy  toll on the human rights and humanitarian situation in eastern Ukraine during the past month, with  at least 36 people being killed on average every day. The number of casualties has more than  doubled in total since the last report issued one month ago. As of 17 August, the total number of people killed (civilians, military personnel and some members of armed groups) is at least 2,220 since the fighting began in mid-April.
At least 5,956 people have been wounded.
2.
As previously noted, the armed groups are now professionally equipped and appear to benefit from a steady supply of sophisticated weapon ns and ammunition, enabling them to shoot down Ukrainian military aircraft such as helicopters, fighter jets and transport planes. The Ukraine  Government claims that the Russian Federation is providing such equipment as well as fighters.  The Ukrainian military has reported shelling from the territory of the Russian Federation, and of the illegal use of landmines in Ukraine territory near the border area.
3.
During the past month, the Ukrainian armed forces have tightened their blockades around the main strongholds of the armed groups ("боевики", "сепаратисты", "ополченцы","террористы") – the cities of Luhansk, Donetsk and to a lesser extent Horlivka – and the situation in these cities has further deteriorated.
4.
Armed groups have continued to prevent residents from leaving, including through harassment at checkpoints where residents report being robbed, and firing at vehicles conveying  fleeing civilians. The armed groups are locating their military assets in, and conducting attacks from, these densely populated areas, thereby putting the civilian population at risk. Targeting civilians and civilian infrastructure as well as indiscriminate attacks are violations of international  humanitarian law and more must be done to protect them. Responsibility for at least some of the resulting casualties and damage lies with Ukrainian
armed forces through reported indiscriminate shelling.
5.
All those involved must make a greater effort towards achieving a lasting and peaceful political solution which “is the most effective way to save lives and avoid a humanitarian disaster.”
6.
The situation was particularly dire in Luhansk as the fighting increased. On 1 August, the Luhansk City Council warned that the city was on the verge of a humanitarian catastrophe: its residents were without water, electricity or gas, food sources were unreliable, cell phone communication was cut off and medical services were virtually non-existent. It reported that 93 civilians had been killed and 407 injured between 1 and 28 July. There had been extensive damage to buildings, including schools, residences, factories and stores.
7.
Starting on 30 July, a “safe corridor”, unilaterally established by the Ukrainian forces, enabled people to leave the city daily between the hours of 10am and 2pm; many thousands did so. Similar corridors were created for Donetsk and Horlivka. But the corridors traverse areas where the fighting is ongoing and casualties have been reported. This raises concerns about the security of such corridors to ensure safe passage for those wishing to flee the hostilities.
8.
The armed groups have obstructed the international investigation into the crash of the Malaysian Airlines flight MH17 that on 17 July killed all 298 passengers on board, despite an order by the President of Ukraine to implement a 40 kilometre ceasefire zone around the crash site, which is under the control of armed groups. Sporadic fighting made it impossible for international investigators to properly conduct their search, which had to be suspended on 6 August.
9.
In addition to the fighting, armed groups continued to commit killings, abductions, physical and psychological torture, ill treatment, and other serious human rights abuses and violations of international humanitarian law continued to be committed by the armed groups. It is unknown how many people remain in captivity, although it is estimated to be, at least, 468 people as of 17 August: some have been released by Ukraine forces as they regained control of territory; others have been released through negotiation, including through an exchange of detainee process, the payment of ransom or other means.
10.
The HRMMU also received reports of human rights violations committed by territorial battalions under the Ministry of Defence or special battalions under the Ministry of Internal Affairs. This includes cases of arbitrary detention , enforced disappearances and torture.Allegations of such activities by these volunteer battalions must be investigated and the perpetrators held accountable. In addition, the relevant Ministries should exercise more control over these volunteer battalions, in particular instructing them in international humanitarian law.
11.
Everyone is reminded that efforts will be made to ensure that “anyone committing serious violations of international law including war crimes will be brought to justice, no matter who they are.”
12.
The Ukrainian forces increased operations to arrest people it allegedly suspects of subversive or terrorist activity, both in the east  and in other regions of Ukraine. The Security Service of Ukraine and police have detained more than 1,000 people in the Donbas region, as of 16 August, because of “irrefutable evidence of their participation in terrorist activities.”
The procedural rights of these people have not always been observed and there are reports of ill-treatment during arrest or while in custody.
13.
Parliament approved three laws during its 12-15 August session that would significantly expand the powers of law enforcement bodies in relation to the security operation in the east.
These include laws to expand the powers of the prosecutor and extending the period of preventive detention of suspects, which appear to be in conflict with international human rights standards, and to restrict the rights of due process and presumption of innocence. While acknowledging that security measures might require the adoption of specific provisions limiting certain guarantees, they must always be consistent with the norms, standards and procedures of international law.
14.
A new round of peace talks initiated by the President of Ukraine was held in Minsk on 31 July, with representatives of Ukraine, the Russian Federation and the armed groups, under the auspices of the Organization for Security and Cooperation in Europe (OSCE). Agreement appeared to have been reached on securing safe access for the international investigators to reach the Malaysian Airlines crash site and on the release of a “sizeable number” of persons deprived of their liberty – the latter being one of the key pre-conditions for establishing another ceasefire. Some detainees were subsequently released but it is not known if this was a result of the Minsk agreement.
15.
As the Government regains territory formerly seized by armed groups, it must ensure that all allegations of human rights abuses and violations by armed groups and its forces are fully investigated in accordance with international human rights norms and standards. Particular attention must also be paid to ensure that those people who remained in the areas under the control of armed groups do not face false claims of collaboration, with any such allegation being met with due process and the avoidance of reprisals. Military prosecutors and the Security Service of Ukraine have already investigated over 1,500 cases of various offences committed by local officials and citizens in the east, and more than 150 people have been prosecuted.
In Slovyansk, the Ministry of Internal Affairs launched 86 criminal investigations into allegations of kidnapping and enforced disappearance.
13
The police in the Donetsk and Luhansk regions have come under  scrutiny with 80% - about 20,000 police officers - requiring ‘re-qualification’ to ascertain they were not involved in any crimes while under the control of armed groups. The remaining 20% were dismissed for misconduct or for not returning to work.
14
It was reported that all police officers were subjected to a lie detector test to determine their possible affiliation with the armed groups.
15
Residents of these regions back under the control of the Government report the fear of
reprisals, the lack of confidence that their own cases will be investigated, and fear that impunity
will continue with no accountability.
16.
By 3 August, the Government stated it had regained control of 65 towns and villages in eastern Ukraine that had been held by the armed groups. Some 20,000 residents who had fled the fighting have since returned home to Slovyansk. Government ministries and volunteer groups  began working on restoring essential services, clearing away the rubble and unexploded ordinances and rebuilding areas that had been ravaged by months of fighting. By the end of July, the acting mayor of Slovyansk reported to the HRMMU that the city no longer required humanitarian aid and electricity, gas and water supply had resumed to 95% of the normal level. Residents started receiving pensions and other social welfare benefits that had not been paid during May and June while the city was under the control of armed groups.
17.
The continued violence by the armed groups and the ongoing security operation being undertaken by the Government of Ukraine, will leave deep psychological scars on Ukrainians living in the affected areas. Many residents, especially children, who have been affected by this atmosphere of fear and intimidation and the prolonged fighting, may need psychological assistance to heal and rebuild their lives. Many others, such as victims of torture and formerhostages, especially those held for long periods, will also need help to recover. In order to ensure accountability and an end to impunity, all such grave human rights violations must be investigated and the perpetrators brought to justice, and victims provided with remedies and reparations. Only then will effective national dialogue and reconciliation be possible.
18.
The effects of the four months of fighting are not  restricted to the Donbas region. In addition to receiving increasing numbers of internally displaced persons leaving the conflict area, the other parts of Ukraine have also been affected by the conflict. Partial mobilization, decreed by Parliament on 23 July, is expected to call up an additional 50,000 men and women aged between 18 and 60, including eligible IDPs. This has triggered protests especially from relatives of people being mobilized, but also on social media.
19.
There has been a rise in violent incidents in Ukraine targeting local officials that would seem to be coordinated. For example, the mayor of Kremenchuk (Poltava region) was shot dead and a rocket attack was launched on the home of the mayorof Lviv; both incidents occurred within 24 hours of each other, on 25 and 26 July. Bomb threat s have increased in most of the major cities in Ukraine over the past month. In reaction, law enforcement measures and emergency preparedness have been increased.
20.
Ukrainians will also be facing more economic difficulties due to the financial implications of the continuing security operation in the east, which is now entering its fifth month. On 31 July, Parliament authorized changes to the national budget allocating an additional 9 billion UAH (about 607 million USD) for the conduct of the security operation in the east and 2 billion UAH (about 140 million USD) for the rebuilding and revitalization of the east.
21.
Investigations into the Maidan violence of November 2013 – February 2014 continued; 445 cases of unlawful acts against demonstrators have been open of which 114 cases of unlawful police or other law enforcement actions are under investigation. The investigations also continued into the 2 May violence in Odesa. The impartiality of the ongoing processes must be assured to dispel any concerns related to the investigations.
22.
In the Autonomous Republic of Crimea, harassment and discrimination continued against Ukrainian nationals, Crimean Tatar and other minorities. No serious attempts have been made to investigate allegations of human rights abuses committed by the so-called Crimean self-defense forces following the March “referendum”. Meanwhile complaints against the self-defense forces continued. The number of IDPs from Crimea is now more than 16,000 according to United Nations High Commissioner for Refugees (UNHCR). The continued flow could be attributed to increasing human rights restrictions, which particularly affect members of minorities, and more broadly to the tense security environment, compounded by fighting in the east of Ukraine.
23.
The transformation of Ukraine into a fully democratic society, with no place for corruption, was among the key demands of the Maidan protestors and civil society activists, who have since been advocating for reforms. However, many in civil society consider that the central Government  has been unreceptive to private initiatives and recommendations.
24.
As part of its European Union aspirations and required reforms, and in order to address the multiple issues raised in this and previous reports by the Office of the United Nations High Commissioner for Human Rights, (OHCHR) the Government should develop a multi-year human rights national plan of action. OHCHR reiterates its readiness to work with the Government in this regard, in close cooperation with the international community, regional organizations and the United Nations Country Team.

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