»Im Durchschnitt wurden jeden Tag 13 Menschen getötet«

EXECUTIVE SUMMARY

1. This is the seventh 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 17 September to 31 October 2014.

2. There were major developments during the reporting period that significantly impacted on the human rights situation.

3. Despite the ceasefire, which entered into force on 5 September, hostilities in the east and related human rights violations and abuses continued. On 19 September, in Minsk, the Trilateral Contact Group, with political representatives of the self-proclaimed ‘Donetsk people’s republic’, and the self-proclaimed ‘Luhansk people’s republic’ agreed on a Memorandum to implement ‘the Peace Plan of the President of Ukraine and the initiatives of the President of the Russian Federation’. Despite the announcement of the ‘silent regimes’ by the Ukrainian Government (on 5 and 7 October) and by the ‘Donetsk people´s republic’ (on 11 October), violations of the ceasefire were reported by the Ukrainian security forces and the armed groups. Fighting was particularly severe around the Donetsk airport, Debaltseve and Mariupol (Donetsk region), and Shchastia (Luhansk region), causing casualties among civilians, military servicemen and members of the armed groups. On average 13 people were killed every day between 6 September and 31 October. Since the beginning of the hostilities in mid-April until 31 October, at least 4,042 people were killed and 9,350 were wounded in the conflict affected area of eastern Ukraine.

4. There are credible reports from different sources, including the OSCE Observer Mission, that hundreds of people in military-style clothing have been observed crossing the two border crossing points of Gukovo and Donetsk in both directions6. The Ukrainian Government and some civic groups report the delivery of weapons from the Russian Federation to the eastern regions. On 19 September and 31 October, two further convoys were sent by the Russian Federation to territory under the control of the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. As on the previous occasions, the convoys crossed at the Izvaryne border crossing point without the authorisation of Ukraine, and were not inspected.

5. In the territories under the control of the ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ there continues to be a total breakdown in law and order, and a lack of any human rights protection for the population under their control. In addition, parallel governance structures are being set up, with so-called ‘ministries’, as well as legislative and administrative procedures being established. Both ‘republics’ announced plans to hold ‘presidential and parliamentary elections’ on 2 November, outside the legal framework of Ukraine. There were strong objections to these initiatives from the Government of Ukraine, some Member States and international organisations, including the United Nations.

6. In territories under the control of both ‘republics’, cases of serious human rights abuses by the armed groups continued to be reported, including torture, arbitrary and incommunicado detention, summary executions, forced labour, sexual violence, as well as the destruction and illegal seizure of property. These violations are of a systematic nature and may amount to crimes against humanity.

7. On 23 September, reports of the discovery of alleged mass graves near the village of Nyzhnia Krynka not far from Donetsk city (Donetsk region) received much attention. One grave contained five bodies; two further graves found on the territory ‘Komunarska’ No. 22 mine contained two bodies each. The bodies in the first grave were identified as members of the armed groups, killed in action. With regard to the four bodies found in the two graves, there are allegations of forensic evidence of a summary execution, according to the ‘Donetsk people’s republic’. The Ukrainian Government has denied the involvement of its security forces in the allegations of summary executions. On 26 September, the National Security and Defence Council announced the continuation of investigations into the alleged ‘mass crimes’ committed against civilians by the armed groups in the Luhansk and Donetsk regions, including an investigation into the three ‘mass graves’ found in July in the town of Sloviansk (Donetsk region).

8. The reports on the use of cluster munitions in the hostilities in both urban and rural areas are a matter of concern. Due to their wide radius and indiscriminate impact, their use in areas with a civilian presence would constitute a violation of international humanitarian law and may amount to a war crime. The Government has denied the use of cluster munitions. Reports on the use of cluster munitions, as well as those of indiscriminate shelling, need to be investigated promptly and thoroughly.

9. The exchange of persons deprived of their liberty, as foreseen by the Minsk Protocol, was largely non-transparent. The Government of Ukraine claimed that by 20 October, 1,509 people had been released by the armed groups. Priority was given to military personnel, while an unknown number of civilians continued to remain in the captivity of the armed groups. There were worrying reports of individuals being included in the exchange process by the Ukrainian authorities who had not been involved in the conflict: some were already in detention facilities; others were deprived of their liberty for the purpose of exchange.

10. There have also been allegations by victims and their relatives, as well as civil society representatives of secret and illegal places of detention being operated by the armed groups, as well as some being maintained by some volunteer battalions outside of judicial oversight. The HRMMU continued to receive credible reports of persons deprived of their liberty being subjected to torture and ill-treatment while being illegally held or detained by either the armed groups or by Ukrainian law enforcement agencies and some volunteer battalions.

11. Procedural rights of detainees are of concern. Some volunteer battalions continued to arrest people and detain them incommunicado, with many cases amounting to ‘enforced disappearance’. For those who appear before the judiciary there have been many due process concerns from the moment of their arrest, with systematic violations of the relevant national legislation and fair trial guarantees, provided in international norms and standards.

12. The overall number of IDPs increased from 275,489 as of 18 September to 436,444 on 29 October according to the State Emergency Service of Ukraine. Of these 417,410 people have come from the conflict affected areas, including 62,306 and 29,727 people who are now in the Government controlled territories of the Donetsk and Luhansk regions respectively; as well as 19,034 IDPs from Crimea. IDPs who were living in summer camps or sanatoria have had to move to warmer shelters. In the absence of a countrywide assistance programme, relocation efforts have depended on local resources and approaches. Given that they are mainly dependent on unsustainable assistance from civil society, IDPs are faced with legal barriers to access employment and social welfare benefits. Some families have returned home to conflict-affected areas, encouraged by the ceasefire but also due to scarce resources in their host communities. While some remain, others just visit.

13. The situation in Crimea, the status of which is prescribed by General Assembly resolution 68/262, is marked by reports of increasing human rights violations and protection challenges, especially for minority and indigenous groups and those in a position of vulnerability, for example the growing number of enforced disappearances of Crimean Tatars.

14. The so-called authorities in Crimea continued to conduct raids actively searching for weapons and religious literature, with a focus on literature considered to be of an extremist nature. These overwhelmingly target Crimean Tatar properties.

15. The space for freedom of expression in Crimea has further shrunk due to the activities of the so-called authorities, in particular with the disruption to the work of more media outlets, including that of Avdet (the weekly Mejlis newspaper), and the Crimean Tatar ATR television channel.

16. There has been no significant progress in the investigations of crimes committed during the Maidan protests, except for limited progress in the investigation into mass killing of protesters by officers of the former Berkut police unit, with three former officers having been accused of killing 39 protesters on 20 February 2014. On 25 September, the Ministry of Internal Affairs (MoIA) announced the completion of the pre-trial investigation into the 2 May violence in the centre of Odesa. Twenty-four suspects have been named as either organising or participating in the disorder; and nine people are on a wanted list. The investigation into the violence and fire in, and around, the Trade Union building is reportedly in its final stage.

17. The parliamentary elections of 26 October resulted in political parties with pro-reform and pro-European agendas (Petro Poroshenko Block, the People’s Front and the Self-Reliance Party) gaining the majority of votes. These parties are in discussions over forming a coalition Government. The ‘Donetsk people’s republic’ and the ‘Luhansk people’s republic’ denied, as for the May 2014 Presidential elections, all those living in these eastern territories under their control their right to vote by preventing the elections from being held. In order to vote, residents of Crimea had to cross to mainland Ukraine, which limited their participation in the election due to the distance, cost and difficulties in crossing the administrative boundary line, as well as due to fears of possible repercussions.

18. The armed conflict in the eastern regions continued to negatively affect the economic situation in Ukraine and access to, and the quality provision of, basic services. GDP dropped by 4.6 per cent compared to the previous year. Inflation reached 102.9 per cent in the first nine months of 2014. Unemployment increased to a level of 8.4% as of 1 October, 2014. Growing numbers of IDPs and wounded decreased the accessibility to healthcare services not only in the conflict areas, but also in adjacent regions. Overall in the country, one of the most pressing concerns relates to the threat of the interrupted treatment as of 1 January 2015 of more than 59,448 HIV-positive and approximately 11,600 multi-drug resistant tuberculosis patients in all regions, due to the non-completed tenders for the purchase of needed live-saving medication.

19. On a positive note, parliament adopted legislation that should introduce reform in the rule of law area and for the protection of human rights. This includes reform of the Office of the Prosecutor and the introduction of an anti-corruption package.

20. On 20 October, the law on IDPs was adopted by parliament and is to be signed by the President. It should guarantee specific rights, provide access to low-cost housing loans, and simplify the procedures for access to various economic and social rights. On 1 October, the Cabinet of Ministers adopted two resolutions establishing regulations for the registration and assistance of internally displaced persons. Parliament adopted a law providing special status to certain territories in the Donetsk and Luhansk regions, including more powers to local authorities as foreseen in the Minsk Protocol.

21. More laws were adopted or came into force, including the law on lustration, which seek to ban from public office some State employees who had worked under the administration of the former President Yanukovych, which could affect up to one million people.

22. On 15 October, President Poroshenko signed a Decree tasking the Government to elaborate a national human rights strategy for Ukraine by 1 January 2015. At the end of October the Government tasked the Ministry of Justice, with the support of the Ombudsman’s Office, to elaborate a draft strategy by 1 December. The HRMMU is working with the UN Country Team and the Council of Europe to support the Government and the Ombudsperson towards the elaboration of the strategy.

23. In addition, on 25 September, President Poroshenko presented his ‘Strategy 2020’, promising that Ukraine would apply for European Union membership by 2020. The strategy foresees more than 60 reforms in that context, prioritising the fight against corruption, decentralization and energy independence, as well as the modernisation of the judiciary and the defence system.

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Den vollständigen Bericht finden Sie hier (pdf).