I. Executive summary

This twenty-sixth report on the situation of human rights in Ukraine by the Office of the United Nations High Commissioner for Human Rights (OHCHR) is based on the work of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU), and covers the period from 16 February to 15 May 2019.

On the basis of its monitoring work, OHCHR documented 230 human rights violations and abuses as having occurred during the reporting period, affecting 220 victims, notably violations and abuses of the rights to life, physical integrity, a fair trial, nondiscrimination, fundamental freedoms, as well as social and economic rights. These figures are comparable to the last reporting period. An additional 198 violations and abuses that occurred before the reporting period were documented during this reporting period.

Of the violations and abuses documented by OHCHR, the Government of Ukraine was responsible for 168 violations, the self-proclaimed ‘Donetsk people’s republic’ for 14 of these and self-proclaimed ‘Luhansk people’s republic’3 for 206.4 The Government of the Russian Federation was responsible for 40 violations in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation.

As described in the report, while the armed conflict in eastern Ukraine continues to affect the population throughout the country, the ongoing hostilities in a number of hotspots along the contact line have a significant impact on the lives of people who live there.

During the reporting period, OHCHR documented 45 conflict-related civilian casualties: 10 killed and 35 injured, which represents a 181 per cent increase compared with the previous reporting period from 16 November 2018 to 15 February 2019, but the lowest figures compared with the same periods in 2015-2018. Shelling and small arms and light weapons fire killed two civilians and injured 18 – one of the lowest figures for the entire conflict period. Of these, 16 were recorded in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’6 and are attributable to the Government, and four were recorded in Government-controlled territory and are attributable to armed groups of ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. Mines and explosive remnants of war killed seven civilians and injured 17. The total civilian death toll of the conflict reached at least 3,331 as of 15 May 2019.

Overall, as of 15 May, average monthly civilian casualties in 2019 were 50 percent lower than in 2018 and were among the lowest for the entire conflict period. These numbers demonstrate that it is possible to progressively decrease civilian casualties to close to zero. Until the conflict is resolved, adherence to the Minsk Agreements and respect of international humanitarian law are key factors in making this happen.

More generally, OHCHR reiterates its concern about the need to ensure broader protection of the rights of conflict-affected civilians wherever they may be. Civilians residing in proximity to the contact line continued to lack access to basic services and social support. Remedy and reparation for people injured and whose relatives have been killed, as well as those whose properties have been damaged or destroyed are still lacking.

Furthermore, freedom of movement continued to be one of the main concerns with nine persons dying while crossing entry-exit checkpoints (EECPs). Efforts by the Government to facilitate travel across the contact line are welcome, notably the removal of expiry dates of permits to cross EECPs issued online as of 28 March 2019. In practice however, there was little improvement in crossing conditions. There remains an acute need for more crossing points and long-awaited reconstruction of the bridge at Stanytsia Luhanska EECP.

While OHCHR welcomed efforts to improve conditions for IDPs through Ministry of Social Policy draft amendments to resolutions10 regulating the payment of pensions and social benefits, the Government continues to link access to pensions to IDP registration. As a result, some 716,200 people living in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ have lost effective access to their pensions.

OHCHR welcomes the transfer of 120 pre-conflict prisoners from territory controlled by ‘Luhansk people’s republic’ to Government-controlled territory that took place in March and April 2019, and encourages the continuation of this practice.

OHCHR is concerned about the practice of arbitrary arrest, incommunicado detention, torture and ill-treatment of civilians in Government-controlled territory. During the reporting period, OHCHR documented four cases of arbitrary detention of civilians allegedly by officers of the Security Service of Ukraine (SBU). Individuals in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ continued to be subjected to ‘administrative’ arrest and ‘preventive’ arrest, respectively, which constitutes arbitrary and incommunicado detention, and may amount to enforced disappearance.

OHCHR documented reports of poor detention conditions and forced labour in a number of penal colonies in territory controlled by ‘Luhansk people’s republic’. In Governmentcontrolled territory, OHCHR had access to official places of detention and conducted confidential interviews with detainees in accordance with international standards. In territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’,

OHCHR does not have such access, and continues to call for confidential access to detainees to be granted to international observers including OHCHR.

Due process and fair trial violations persist as a result of the pervasive practice of prolonged pre-trial detention, and the use of force and coercion to obtain confessions or to accept plea bargains in conflict-related cases. Interference into the work of courts in conflict-related and other high-profile trials continued during the reporting period. Despite repeated calls by OHCHR for accountability for the killings of protestors and lawenforcement officers during the violent incidents in the Maidan protests in 2014 and the killings and violent deaths resulting from the 2 May 2014 violence in Odesa, this remains largely unaddressed by the authorities: few perpetrators have been identified and where trials have begun, they are protracted.13 11. OHCHR is concerned about the occasional violent nature of acts in relation to the transition of churches and religious communities from the Ukrainian Orthodox Church14 to the newly-established Orthodox Church of Ukraine15 involving supporters of both churches, local authorities and extreme right-wing groups.

In the territory controlled by ‘Donetsk people’s republic’, premises belonging to the Orthodox Church of Ukraine were seized, reportedly by the ‘ministry of state security’ of ‘Donetsk people’s republic’. During the reporting period, the ‘ministry of interior’ of ‘Luhansk people’s republic’ reportedly conducted searches in church premises and in priests’ residences, and seized items including personal correspondence. Activities of several Christian denominations continued to be targeted by ‘law enforcement agencies’ of ‘Donetsk people’s republic’, which prevented the congregation of worshippers due to lack of ‘registration’.

Peaceful, competitive and largely inclusive presidential elections were held in Ukraine during the reporting period. The first round of elections was held on 31 March 2019, the second round on 21 April 2019. OHCHR observed an increase in peaceful assemblies in the context of elections, and commends the professional conduct of lawenforcement officers policing them. However, the lack of accountability for prior attacks on other peaceful assemblies remains of concern. Accountability for attacks against individuals belonging to minorities, including Roma, remains outstanding more than a year since the events occurred.

The final version of the law on the use of the Ukrainian language approved on 25 April 2019 reflects a more balanced approach than that used in the first draft of the law.

However, a law protecting the use of minority languages should be developed without undue delay, as the current framework does not provide sufficient guarantees for the protection and use of such languages.

Physical attacks against media professionals and civil society activists occurred during the reporting period, although OHCHR notes a lower number of such attacks in comparison with previous reporting periods. The lack of accountability for past attacks remains an issue. Civic space remained highly restricted in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, with all assemblies observed reportedly organised by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’.

The Russian Federation, the occupying Power in Crimea, has still not granted OHCHR access to the peninsula in line with the UN General Assembly (GA) resolution on the territorial integrity of Ukraine 68/262 and UN GA resolutions 71/205, 72/190 and 73/263. OHCHR monitors the human rights situation on the peninsula from mainland Ukraine. During the reporting period, the Russian Federation continued to apply its laws, in violation of international humanitarian law applicable to an occupying Power, and committing human rights violations, including against detainees, and those seeking access to education in Ukrainian. The rights of the Crimean Tatars have also been particularly affected.

In this reporting period, OHCHR engaged in a number of technical cooperation and capacity-building activities, including the provision of training sessions, on, e.g. the protection of civilians, international standards for the treatment of prisoners and torture documentation, to a variety of actors and the preparation of analytical thematic papers intended for diverse audiences.