Location Ukraine Ukraine

Human rights violation in Ukraine

Office of the United Nations High Commissioner for Human Rights issued a new report on human rights violation in Ukraine. It notes most recommendations made in the previous OHCHR reports on the human rights situation in Ukraine have not been implemented, and remain valid. Looking through this list we can see general picture of human rights violation in Ukraine since Maidan coup. OHCHR calls upon the Government of Ukraine to implement the following recommendations:
«a) Bring an end to the practice of secret and incommunicado detention;
b) Ensure immediate access of a lawyer to individuals detained in relation to the conflict in the east or for their affiliation or suspected affiliation with the armed groups;
c) Interview all individuals released from the captivity by the armed groups in order to document all the details necessary for the eventual prosecution of perpetrators;
d) Amend all relevant legislation regulating the authority to conduct searches, recovery and exhumation activities on the territories which are not controlled by the Government to reflect the role of civil society organizations; and amend rules regulating the delivery and registration of mortal remains, including the collection of identifying information to empower state authorities to accept relevant information from the civil society organizations and groups carrying out such activities;
e) The Office of the Military Prosecutor to investigate all allegations of arbitrary detention and enforced disappearances by Ukrainian military and security forces and in the course of investigations, undertake visits to alleged illegal places of detention on the Government-controlled territories;
f) The Office of the Military Prosecutor to take more pro-active attitude towards investigation of allegations of human rights violations, such as arbitrary detention, torture and ill-treatment;
g) Ensure no amnesty is granted to those suspected of, accused of, or sentenced for war crimes, crimes against humanity or gross violations of human rights;
h) Develop an administrative procedure allowing for direct recognition of civil registration documents (birth, death and marriage certificates) issued by de facto authorities in Crimea and the armed groups in the east of Ukraine, as an exception to the general rule of non-recognition of acts taken by non-state actors, in line with the jurisprudence of International Court of Justice and the European Court of Human Rights;
i) Develop a comprehensive and effective legal mechanism for civilians whose property has been damaged, looted or seized for military purposes to seek and receive restitution and compensation;
j) Establish a mechanism for periodic independent review by the Parliament of the necessity of derogation measures and lift the derogation as soon as it is no longer strictly required.; ensure full compliance of Ukrainian legislation with ICCPR provisions, particularly articles 2(3), 9, 12, 14 and 17;
k) Following the adoption of the National Human Rights Action Plan in December 2015, allocate adequate resources to ensure its meaningful implementation;
l) Prevent the provision of water or electricity from being used to impose economic or political pressure on the territory controlled by armed groups. Humanitarian assistance should be provided in accordance with internationally recognized humanitarian and human rights principles, including the principle of non-discrimination;
m) Amend the law ‘On the Civil Service’ (No. 2490) to prevent any interference in the independence of the Institution of the Ombudsperson, in accordance with the ‘Paris Principles’;
n) Investigate all claims of human rights abuses committed during the ‘civil blockade’ on the administrative boundary line between mainland Ukraine and Crimea, and arrest perpetrators. Ensure public safety and the rule of law in the southern districts of the Kherson region».

The full report is available here: http://www.ohchr.org/Documents/Countries/UA/Ukraine_13th_HRMMU_Report_3March2016.pdf

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