The Office of the United Nations High Commissioner for Human Rights (OHCHR) released on Wednesday, December 8, a special report on the situation in Ukraine with fundamental freedoms over the past two years. The study, conducted from November 2019 to October 2021, documented dozens of violations throughout the country, including the regions of Donbass outside Kiev’s control and the annexed Crimea by Russia.
Journalists and opposition under attack
In the territories controlled by Kiev, experts from the Office of the UN High Commissioner for Human Rights have recorded 29 incidents in two years against journalists, bloggers and other citizens who criticize the authorities or the political agenda in general. In 22 of these cases, violence was used. Journalists are noted among the most vulnerable groups. “One of the key problems remains the inability of the authorities to ensure the physical safety of journalists (…) In particular, the inability to immediately stop violent actions on the scene and ineffective investigations of threats and attacks,” the report says.
Among the examples of attacks on journalists, the OHCHR report mentions the story of the editor of an online publication from Poltava region (according to DW, it is about Vadim Kirpichenko, editor of the Pyriatyn newspaper Fresh Orange), who criticized local political leaders because of possible corruption. Due to the inability of the police to investigate the first attack on the journalist, the same men reportedly beat him a second time after eight days. “Failure to properly respond to such violence during or immediately after attacks creates an atmosphere of impunity,” the OHCHR notes. At the same time, they “noticed progress” in the investigation of attacks on journalists in 2021.
NewsOne is one of the three TV channels closed by the decision of the National Security and Defense Council of Ukraine
As an example of the state’s offensive on freedom of speech, the report mentions the sanctions imposed by the National Security and Defense Council, which led to the closure of the TV channels of the deputy from the Opposition Platform – For Life (OPZH) party, Taras Kozak (ZiK, 112 Ukraine, NewsOne), as well as blocked access to online publications STRANA.ua and Sharij.net.
“The text of the decrees (on the imposition of sanctions. – Ed.) did not contain justification (…) in particular, specific problems for national security. (…) Consequently, these decisions did not prove compliance with international standards of necessity and proportionality of restrictions on freedom of expression, “the report of the Office of the UN High Commissioner for Human Rights notes. Its authors suggest that such methods may entail self-censorship of the media. because they will avoid sensitive topics, fearing that they will be viewed as related to national security.
Peaceful assemblies are targeted
The victims of attacks on peaceful assemblies, according to OHCHR observations, were most often representatives of the LGBT community. At the same time, law enforcement officers managed to protect the participants of the great prides of 2021 from violence: in Kiev, Kharkov and Odessa. However, small gatherings continue to be targeted by violent groups.
Demonstration in Kiev against COVID-related restrictions, November 24
In addition, OHCHR recorded five incidents of violence by ultra-right groups against participants in political rallies – these are the actions of the Sharia Party, which are considered to be pro-Russian, and the PLO, which were thwarted by participants in counter-demonstrations. “The qualification of none of the attacks on Sharia Party reflected the political motive of the attackers and, therefore, could undermine the victims’ right to legal protection and discourage the general public from participating in political life,” the report said.
OHCHR is also concerned that COVID-19 restrictions are selectively applied to peaceful assemblies in Ukraine. “Large gatherings on socio-economic issues were unimpeded, but the authorities, citing measures to combat the pandemic, stopped or prevented gatherings on sensitive topics,” the document says, citing two rallies against ultra-right violence in Kiev as an example. dispersed by the police in January this year.
“Restriction of civil space” in Crimea
The Office of the UN High Commissioner for Human Rights notes that the Russian authorities in Crimea are also using strict rules on the fight against coronavirus to discourage participants in peaceful assemblies. In particular, we are talking about single pickets of the Crimean Tatars in defense of persons convicted in the cases of the Islamist organization “Hizb ut-Tahrir” (banned in the Russian Federation, the defense insists that the defendants in the cases are persecuted for religious reasons. – Ed.), whose participants are punished both for violating the rules for holding rallies and for violating the quarantine rules.
Action in Kiev in support of Crimean Tatars convicted in Russia, September 2020
In general, OHCHR continues to record the “restriction of civil space” in connection with the operation of Russian legislation in the annexed Crimea. The largest group suffering from persecution – the Crimean Tatars and members of Hizb ut-Tahrir – have been joined by the less politicized. For example, we are talking about believers from among the “Jehovah’s Witnesses” – a religious organization recognized as extremist in the Russian Federation. In recent years, according to OHCHR, four sentences have been passed to “witnesses” with sentences ranging from six to six and a half years in prison.
The Russian authorities continue to infringe on freedom of speech in Crimea, the authors of the report say. As an example, they cite the case of Bekir Mamutov, editor-in-chief of the Crimean Tatar newspaper “Kirim”, who was fined by the court for publishing a report on human rights in Crimea, promulgated by the UN Secretary General – the text of the report mentioned the Mejlis, which was also recognized as an extremist organization in the Russian Federation.
“Aggravation of the atmosphere of fear” in the “DPR” and “LPR”
Describing the situation in the regions of Donbass not controlled by the government of Ukraine, the Office of the UN High Commissioner for Human Rights speaks of “an exacerbation of the atmosphere of fear.” It, according to the observations of the authors of the study, is a consequence of the introduction of new penalties for libel and “dissemination of false information” in the “DPR” and “LPR”.
OHCHR has documented 10 cases of harassment of people there for expressing opinions: harassment is experienced by both citizens expressing pro-Ukrainian views and more moderate critics of the self-proclaimed government’s governance practices. Human rights defenders who care about the rights of women or the LGBT community in the territories not controlled by the government of Ukraine also fell under the persecution.
The most notorious case of separatist arbitrariness, cited in the report, was the suppression of a strike at the Vostokugol mine in the city of Antratsit: 24 miners who demanded payment of wage arrears were detained and held under extrajudicial arrest for almost two weeks. The so-called “Ministry of State Security” of the self-proclaimed “LPR” threatened to prosecute the miners for disseminating information about their detention.
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