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Crimea

Read A Section: Crimea

Ukraine

In February 2014 Russian forces entered Ukraine’s Crimean Peninsula and occupied it militarily. In March 2014 Russia announced the peninsula had become part of the Russian Federation following a sham referendum that violated Ukraine’s constitution. The UN General Assembly’s Resolution 68/262 on the “Territorial Integrity of Ukraine” of March 27, 2014, and Resolution 74/168 on the “Situation of Human Rights in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine)”of December 9, 2019, called on states and international organizations not to recognize any change in Crimea’s status and affirmed the commitment of the United Nations to recognize Crimea as part of Ukraine. In April 2014 Ukraine’s legislature (Verkhovna Rada) adopted a law attributing responsibility for human rights violations in Crimea to the Russian Federation as the occupying state. The United States does not recognize the attempted “annexation” of Crimea by the Russian Federation. Russian law has been applied in Ukraine’s Crimea since the Russian occupation and purported “annexation” of the peninsula. For detailed information on the laws and practices of the Russian Federation, see the Country Reports on Human Rights for Russia.

Executive Summary

A local occupation authority installed by the Russian government and led by Sergey Aksyonov as “prime minister” of the “state council of the republic of Crimea” administers occupied Crimea. The “state council” is responsible for day-to-day administration and other functions of governing. In 2016 Russia’s nationwide parliamentary elections included seats allocated for purportedly annexed Crimea, a move widely condemned by the international community and that contravened the Ukrainian constitution.

Russian government agencies, including the Ministry of Internal Affairs, the Federal Security Service (FSB), the Federal Investigative Committee, and the Office of the Prosecutor General applied and enforced Russian law in Crimea as if it were a part of the Russian Federation. The FSB also conducted security, counterintelligence, and counterterrorism activities and combatted organized crime and corruption. A “national police force” operated under the aegis of the Russian Ministry of Internal Affairs. Russian authorities maintained control over Russian military and security forces deployed in Crimea.

Significant human rights issues included: disappearances; torture, including punitive psychiatric incarceration; mistreatment of persons in detention as punishment or to extort confessions; harsh prison conditions and transfer of prisoners to Russia; arbitrary arrest and detention; political prisoners; pervasive and arbitrary interference with privacy; severe restrictions on free expression, the press, and the internet, including violence against journalists and website blocking; gross and widespread suppression of freedom of assembly and religion; severe restriction of freedom of association, including barring the Crimean Tatar Mejlis; significant restrictions on freedom of movement; restrictions on political participation; systemic corruption; and violence and systemic discrimination against Crimean Tatars and ethnic Ukrainians.

Occupation authorities took few steps to investigate or prosecute officials or individuals who committed human rights abuses, creating an atmosphere of impunity and lawlessness.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures the Russian government applied and enforced in occupied Crimea.

Occupation authorities significantly restricted freedom of expression and subjected dissenting voices including the press to harassment and prosecution.

Freedom of Expression: The HRMMU noted occupation authorities placed “excessive limitations on the freedoms of opinion and expression.” Individuals could not publicly criticize the Russian occupation without fear of reprisal. Human rights groups reported the FSB engaged in widespread surveillance of social media, telephones, and electronic communication and routinely summoned individuals for “discussions” for voicing or posting opposition to the occupation.

Occupation authorities often deemed expressions of dissent “extremism” and prosecuted individuals for them. For example, according to press reports, on June 10, the Sevastopol “district court” sentenced the head of the Sevastopol Worker’s Union, Valeriy Bolshakov, to two years and six months of suspended imprisonment for “public calls to extremist activities” for his criticism of occupation authorities on social networks. Bolshakov called to replace the “Putin regime” with a “dictatorship of the proletariat.”

Occupation authorities harassed and fined individuals for the display of Ukrainian or Crimean Tatar symbols, which were banned as “extremist.” For example, according to NGO reporting, on June 26, the Saky “district court” fined local resident Oleg Prykhodko for “public demonstration of paraphernalia or symbols of extremist organizations.” Prykhodko had displayed Ukrainian and Crimean Tatar flags on his car. On October 9, authorities arrested Prykhodko during a raid on his home, where they purportedly “found” explosives in his garage, which human rights defenders maintained were planted there. On October 28, authorities charged Prykhodko with terrorism and possession of explosives.

Occupation authorities deemed expressions of support for Ukrainian sovereignty over the peninsula to be equivalent to undermining Russian territorial integrity. For example, according to the Crimean Human Rights Group, on January 29, occupation authorities charged Crimean Tatar Mejlis member Iskander Bariyev with calling for the violation of the territorial integrity of the Russian Federation, in connection with a December 2018 Facebook post in which he called for the “liberation” of Crimea from Russian occupation and criticized repression taking place on the peninsula.

There were multiple reports that occupation authorities detained and prosecuted individuals seeking to film raids on homes or court proceedings. For example, according to press reports, on March 27, a Simferopol court sentenced Crimean Tatar activist Iskender Mamutov to five days in prison for “minor hooliganism” because he filmed security services as they raided Crimean Tatar homes.

During the year occupation authorities prosecuted individuals for the content of social media posts written before Russia began its occupation of Crimea. For example, on July 2, police detained a resident of the town of Sudak, Seyar Emirov, for a video posted on a social network in 2013. The video was of a local meeting of Hizb ut-Tahrir, which is legal in Ukraine. The local occupation “court” fined him 1,500 rubles ($23) for “production of extremist material.”

There were reports that authorities prosecuted individuals for their appearance in social media posts that they did not author. For example, according to the Crimean Human Rights Group, on May 31, a court in Simferopol fined Crimean Tatar activist Luftiye Zudiyeva 2,000 rubles ($30) for being tagged in social media posts in 2014 authored by another person, which authorities alleged also contained banned symbols.

Press and Media, Including Online Media: Independent print and broadcast media could not operate freely. Most independent media outlets were forced to close in 2015 after occupation authorities refused to register them. According to the Crimean Human Rights Group, after the occupation began, many local journalists left Crimea or abandoned their profession. With no independent media outlets left in Crimea and professional journalists facing serious risks for reporting from the peninsula, civic activists were a major source of information on developments in Crimea.

Violence and Harassment: There were numerous cases of security forces or police harassing activists and detaining journalists in connection with their civic or professional activities. For example, during the year security forces reportedly harassed, abused, and arrested journalist Yevgeniy Haivoronskiy. Haivoronskiy initially supported the Russian occupation, but in recent years came to oppose it, a position he expressed publicly. On March 6, police raided Haivoronskiy’s home and seized computers and documents. On March 22, the newspaper that published his articles, Primechania, announced it would no longer carry his work due to his pro-Ukrainian position. On March 26, Haivoronskiy was arrested several hours after he gave an interview criticizing occupation authorities and calling for control of the peninsula to be returned to Ukraine. Police alleged he had been using drugs, and a judge sentenced him to 12 days in jail and to undergo drug treatment. Haivoronskiy denied he used drugs and maintained the charge was an effort to frame him in retaliation for his political views. On May 7, a court sentenced him to a further 10 days in jail for refusing a medical examination during the March prison stay. On October 22, police detained Haivoronskiy, reportedly beating him and slamming his head into the side of a police car during detention. The same day a court sentenced him to 15 additional days in jail for failing to complete the drug treatment program ordered by the court in March. On December 31, Russian occupation authorities forcibly removed Haivoronskiy from Crimea to mainland Ukraine.

Censorship or Content Restrictions: Following Russia’s occupation of Crimea, journalists resorted to self-censorship to continue reporting and broadcasting. The August UN secretary-general’s special report stated, “In order to avoid repercussions for independent journalistic work, [journalists] frequently self-censored, used pseudonyms and filtered their content prior to publication. Ukrainian journalists, as well as public figures who are perceived as critics of Crimea’s occupation, have faced entry bans issued by FSB and were unable to access Crimea to conduct their professional activities.”

There were reports occupation authorities sought to restrict access to or remove internet content about Crimea they disliked. For example, on February 5, YouTube informed the Crimea-focused website The Center for Journalistic Research, which operated in mainland Ukraine, that it had received a notification from Russian censorship authorities (Roskomnadzor) that material on the Centers YouTube account violated the law. Occupation authorities specifically deemed a documentary about Crimean Tatar political prisoner Emir-Usain Kuku to be “extremist.” YouTube notified the Center that if it did not delete the material, it could be forced to block it. On February 7, Amnesty International released a statement urging YouTube not to block the video, and YouTube did not do so.

Occupation authorities banned most Ukrainian and Crimean Tatar-language broadcasts, replacing the content with Russian programming. According to Crimean Human Rights Group media monitoring, during the year occupation authorities jammed the signal of Ukrainian radio stations by transmitting Russian radio stations at the same frequencies.

Human rights groups reported occupation authorities continued to forbid songs by Ukrainian singers from playing on Crimean radio stations.

Censorship of independent internet sites was widespread (see Internet Freedom).

According to the Crimean Human Rights Group, 10 Crimean internet service providers blocked 14 Ukrainian information websites and two social networks during the year, including the sites of the Jehovah’s Witnesses and of the Mejlis of the Crimean Tatar People.

National Security: Authorities cited laws protecting national security to justify retaliation against opponents of Russia’s occupation.

The Russian Federal Financial Monitoring Service included prominent critics of the occupation on its list of extremists and terrorists. Inclusion on the list prevented individuals from holding bank accounts, using notary services, and conducting other financial transactions. As of October the list included 47 persons from Crimea, including numerous political prisoners and their relatives as well as others reportedly being tried for their pro-Ukrainian political positions, such as Oleh Prykhodko (see Freedom of Expression, above).

Authorities frequently used the threat of “extremism,” “terrorism,” or other purported national security grounds to justify harassment or prosecution of individuals in retaliation for expressing opposition to the occupation. For example, on July 12, according to press reports, a court authorized the in absentia arrest of independent Crimean Tatar journalist Gulsum Khalilova for “participating in an armed formation in the territory of a foreign state” for allegedly joining an armed battalion in Ukraine. Khalilova, who moved to mainland Ukraine, denied having any dealings with armed groups and characterized the case as fabricated in retribution for her independent reporting on the peninsula.

Russian occupation authorities restricted free expression on the internet by imposing repressive Russian Federation laws on Crimea (see section 2.a. of the Country Reports on Human Rights for Russia). Security services routinely monitored and controlled internet activity to suppress dissenting opinions. According to media accounts, occupation authorities interrogated and harassed residents of Crimea for online postings with pro-Ukrainian opinions (see Censorship or Content Restrictions, above).

More than 30 Ukrainian online outlets were among the hundreds that authorities blocked in Crimea, including several sites that were not on the Russian federal internet block list.

Occupation authorities engaged in a widespread campaign to suppress the Crimean Tatar and Ukrainian languages (see section 6, National/Racial/Ethnic Minorities).

b. Freedoms of Peaceful Assembly and Association

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

According to the August UN secretary-general’s special report, “public events initiated by perceived supporters of Ukrainian territorial integrity or critics of policies of the Russian Federation in Crimea were reportedly prevented and/or prohibited by occupation authorities.” For example, on August 9, the head of the Zarechenskoye village council denied an application filed by Crimean Tatar activist Kemal Yakubov to hold a public celebration of the Muslim holiday Kurban Bayram. She cited a lack of a support letter from the pro-occupation Administration of Muslims of Crimea as the reason for her denial.

The Crimean Human Rights Group reported Crimeans were regularly charged with administrative offenses for peacefully assembling without permission. For example, on August 21, a court in Sudak convicted environmental activist Igor Savchenko of holding an unauthorized demonstration and fined him 20,000 rubles ($313); Savchenko had organized a demonstration on August 14 against illegal construction on the Meganom Cape.

Occupation authorities brought charges for “unauthorized assemblies” against single-person protests, even though Russian law imposed on Crimea does not require preauthorization for individual protests. For example, according to the Crimean Human Rights Group, on March 29, police in Simferopol detained Crimean Tatar activist Tair Ibragimov, who was standing alone with a poster that read, “Give 166 children their fathers back!!!,” in protest against the mass arrests of March 27. He was charged with violating regulations on public protest. A court convicted him the same day and fined him 15,000 rubles ($235).

There were reports that authorities used a ban on “unauthorized missionary activity” to restrict public gatherings of members of religious minorities. For example, three administrative cases were initiated against a group of members of the Hare Krishna faith who gathered in a Sevastopol park to sing mantras. On August 6, the Leninskiy “district court” in Sevastopol fined each of them 5,000 rubles ($78) for “unauthorized missionary activity.”

A “regulation” limits the places where public events may be held to 366 listed locations. The HRMMU noted that the “regulation” restricted freedom of assembly to a shrinking number of “specially designated spaces,” a move that appeared “designed to dissuade the exercise of the right of freedom of assembly.”

There were reports of occupation authorities using coercive methods to provide for participation at rallies in support of the “government.” Students, teachers, and civil servants were forced to attend a commemoration event on the day of deportation of the Crimean Tatars organized by occupation authorities in Simferopol on May 18.

There were reports occupation authorities charged and fined individuals for allegedly violating public assembly rules in retaliation for gathering to witness security force raids on homes.

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Occupation authorities broadly restricted freedom of association for individuals who opposed the occupation. For example, there were numerous reports of authorities taking steps to harass, intimidate, arrest, and imprison members of the human rights group Crimean Solidarity, an unregistered movement of friends and family of victims of repression by occupation authorities (see section 1.d.). During the year the Crimean Human Rights Group documented multiple cases in which police visited the homes of Crimean Solidarity activists to threaten them or warn them not to engage in “extremist” activities. For example, at least seven Crimean Solidarity activists were given such “preventative warnings” on the eve of the May 17 anniversary of the 1944 deportation of the Crimean Tatar people.

Occupation authorities placed restrictions on the Spiritual Administration of Crimean Muslims, which was closely associated with Crimean Tatars. According to human rights groups, Russian security services routinely monitored prayers at mosques for any mention that Crimea remained part of Ukraine. Russian security forces also monitored mosques for anti-Russian sentiment and as a means of recruiting police informants.

The Mejlis of the Crimean Tatar People remained banned for purported “extremism” despite an order by the International Court of Justice requiring occupation authorities to “refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis.” Following the 2016 ban on the Crimean Tatar Mejlis as an “extremist organization,” occupation authorities banned gatherings by Mejlis members and prosecuted individuals for discussing the Mejlis on social media.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Occupation authorities did not respect the right to freedom of movement.

In-country Movement: Occupation authorities maintained a state border at the administrative boundary between mainland Ukraine and Crimea. According to the HRMMU, the boundary and the absence of public transportation between Crimea and mainland Ukraine continued to undermine freedom of movement to and from the peninsula, affecting mainly the elderly, individuals with limited mobility, and young children.

There were reports occupation authorities selectively detained and at times abused persons attempting to enter or leave Crimea. According to human rights groups, occupation authorities routinely detained adult men at the administrative boundary for additional questioning, threatened to seize passports and documents, seized telephones and memory cards, and questioned them for hours. For example, on June 11, the FSB detained activist Gulsum Alieva at the administrative borderline when she was entering the peninsula. They brought the activist to the police station in the nearby town of Armyansk. According to her lawyer, authorities charged Alieva with extremism and released her later the same day.

In other cases, authorities issued entry bans to Crimean Tatars attempting to cross the administrative boundary from mainland Ukraine. For example, according to the Crimean Human Rights Group, on February 5, occupation authorities at the administrative boundary detained Crimean Tatar Rustem Rashydov, who was seeking to visit his family in Crimea. He was released after being interrogated for 12 hours and given a document stating he was banned from entering the “Russian Federation.”

Occupation authorities launched criminal cases against numerous high-profile Crimean Tatar leaders, including member of the parliament Mustafa Jemilev and Refat Chubarov, the current chairmen of the Crimean Tatar Mejlis; by Crimean Tatar activist Sinaver Kadyrov; and by Ismet Yuksel, the general director of the Crimean News Agency.

According to the HRMMU, Ukrainian legislation restricts access to Crimea to three designated crossing points and imposes penalties, including long-term entry bans, for noncompliance. Crimean residents lacking Ukrainian passports, who only possessed Russian-issued Crimean travel documents not recognized by Ukrainian authorities, often faced difficulties when crossing into mainland Ukraine.

Citizenship: Russian occupation authorities required all residents of Crimea to be Russian citizens. Those who refused Russian citizenship could be subjected to arbitrary expulsion. According to the Crimean Human Rights Group, during the five years of Russia’s occupation, more than 1,500 Ukrainians were prosecuted for not having Russian documents, and 450 persons were ordered to be deported.

According to the HRMMU, in 2018 “courts” in Crimea ordered deportation of 231 Ukrainian nationals, many of whom were Crimean residents with Ukrainian citizenship, whose residence rights in Crimea were not recognized.

Residents of Crimea who chose not to adopt Russian citizenship were considered foreigners. In some cases they could obtain a residency permit. Persons holding a residency permit without Russian citizenship were deprived of key rights and could not own agricultural land, vote or run for office, register a religious congregation, or register a vehicle. Authorities denied those who refused Russian citizenship access to “government” employment, education, and health care, as well as the ability to open bank accounts and buy insurance, among other limitations.

According to the Crimean Human Rights Group, Russian authorities prosecuted private employers who continued to employ Ukrainians. Fines could be imposed on employers for every recorded case of employing a Ukrainian citizen without a labor license. Fines in such cases amounted to several million dollars.

In some cases authorities compelled Crimean residents to surrender their Ukrainian passports, complicating international travel, because many countries did not recognize “passports” issued by Russian occupation authorities.

Approximately 33,000 residents of Crimea registered as IDPs on the mainland, according to the Ministry of Social Policy. The Mejlis and local NGOs, such as Krym SOS, believed the actual number could be as high as 100,000, as most IDPs remained unregistered. Many individuals fled due to fear that occupation authorities would target them for abuse because of their work as political activists or journalists. Muslims, Greek Catholics, and Evangelical Christians who left Crimea said they feared discrimination due to their religious beliefs.

Crimean Tatars, who made up the largest number of IDPs, said they left because pressure on their community, including an increasing number of arbitrary searches of their homes, surveillance, and discrimination. In addition, many professionals left Crimea because Russian occupation authorities required them to apply for Russian professional licenses and adopt Russian procedures in their work.

Section 3. Freedom to Participate in the Political Process

Recent Elections: Russian occupation authorities prevented residents from voting in Ukrainian national and local elections since Crimea’s occupation began in 2014.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Birth Registration: Under both Ukrainian law and laws imposed by Russian occupation authorities, either birthplace or parentage determines citizenship. Russia’s occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it was difficult for parents to register a child as a citizen with Ukrainian authorities. Registration in the country requires a hospital certificate, which is retained when a birth certificate is issued. Under the occupation regime, new parents could only obtain a Russian birth certificate and did not have access to a hospital certificate. In 2016 the Ukrainian government instituted a process whereby births in Crimea could be recognized with documents issued by occupation authorities.

Institutionalized Children: There were reports occupation authorities continued to permit kidnapping of orphans in Crimea and transporting them across the border into Russia for adoption. Ukraine’s government did not know the whereabouts of the children.

According to Jewish groups, an estimated 10,000 to 15,000 Jews lived in Crimea, primarily in Simferopol. There were no reports of anti-Semitic acts.

Since the beginning of the occupation, authorities singled out Crimean Tatars and Ukrainians for discrimination, abuse, deprivation of civil liberties and religious and economic rights, and violence, including killings and abductions (also see sections 1.a.-1.d., 1.f., 2.a., 2.b., and 2.d.). The August UN secretary-general’s special report noted a “narrowing of space for manifestations of Ukrainian and Crimean Tatar identities and enjoyment of the respective cultures in Crimea. The restrictions have reportedly been closely connected to the suppression of political dissent and alternative political opinion.”

There were reports that government officials openly advocated discrimination against Crimean Tatars. Occupation authorities harassed Crimean Tatars for speaking their language in public and forbade speaking it in the workplace. There were reports teachers prohibited schoolchildren from speaking Crimean Tatar to one another. Crimean Tatars were prohibited from celebrating their national holidays and commemorating victims of previous abuses. For example, on June 26, occupation authorities denied a request by the residents of the town of Oktyabrske to hold a car rally for Crimean Tatar Flag Day. Police arrived at the gathering, informed them the event was unauthorized, and video-recorded those present. According to press reports, as the cars proceeded anyway, they were pulled over four times by police for “document checks.”

Occupation authorities also restricted the use of Crimean Tatar flags and symbols (see section 2.a.).

By the end of 2014, Ukrainian as a language of instruction was removed from university-level education in Crimea. According to the HRMMU, in the 2017-2018 academic year no school provided instruction in Ukrainian, and there were eight available Ukrainian language classes in Russian schools that were attended by 318 children. In 2017 the International Court of Justice ruled on provisional measures in proceedings brought by Ukraine against the Russian Federation, concluding unanimously that the Russian Federation must “ensure the availability of education in the Ukrainian language.”

Occupation authorities have not permitted churches linked to ethnic Ukrainians, in particular the Orthodox Church of Ukraine (OCU) and the Ukrainian Greek Catholic Church, to register under Russian law. Occupation authorities harassed and intimidated members of the churches and used court proceedings to force the OCU in particular to leave properties it had rented for years. The largest OCU congregation in Crimea closed on September 23 following a ruling by occupation authorities that the cathedral located in Simferopol must be “returned to the state.” The church was shut down after repeated refusals by the authorities to allow it to register.

Occupation authorities allegedly selectively seized property belonging to ethnic Ukrainians and Crimean Tatars. According to the August UN secretary-general’s special report, during the year the HRMMU “received information about numerous cases of allocation of land plots to formerly displaced persons in Crimea, including Crimean Tatars, free of charge, as part of plans to legalize the unauthorized appropriation of land or allocation of alternative land plots.”

Russian occupation authorities prohibited Crimean Tatars affiliated with the Mejlis from registering businesses or properties as a matter of policy.

Human rights groups and local LGBTI activists reported that most LGBTI individuals fled Crimea after the Russian occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity.

According to the HRMMU, NGOs working on access to health care among vulnerable groups have found it impossible to advocate for better access to healthcare for LGBTI persons due to fear of retaliation by occupation authorities.

Occupation authorities prohibited any LGBTI group from holding public events in Crimea. According to the HRMMU, LGBTI residents of Crimea faced difficulties in finding a safe environment for gatherings because of occupation authorities’ encouragement of an overall hostile attitude towards the manifestation of LGBTI identity. LGBTI individuals faced increasing restrictions on their right to free expression and assembly peacefully, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia). For example, on June 29, the organizers of the theater company Territoria apologized for producing a play that showed two women kissing during a state-sponsored theater festival. High-ranking members of the Russian government called for the company to be prosecuted under the Russian law that prohibits the “propaganda” of “nontraditional sexual relations” to minors.

Turkey

Executive Summary

Turkey is a constitutional republic with an executive presidential system and a 600-seat parliament. The unicameral parliament (the Grand National Assembly) exercises legislative authority. In presidential and parliamentary elections in 2018, Organization for Security and Cooperation in Europe (OSCE) observers expressed concern regarding restrictions on media reporting and the campaign environment that restricted the ability of opposition candidates, including the jailing of a presidential candidate at the time, to compete on an equal basis and campaign freely. In March municipal elections, Council of Europe observers expressed similar concerns about limitations on freedom of expression, particularly for the media, and about a legal framework that contributed to an unequal campaign environment. The observers also criticized the Supreme Electoral Council’s decision to rerun the Istanbul mayoral race in June and several decisions replacing winning opposition Peoples’ Democratic Party (HDP) candidates with second-place governing-party candidates.

The National Police and Jandarma, under the control of the Ministry of Interior, are responsible for security in urban areas and rural and border areas respectively. The military has overall responsibility for border control and external security. Civilian authorities maintained effective control over law enforcement, but mechanisms to investigate and punish abuse and corruption remained inadequate, and impunity remained a problem.

Under broad antiterror legislation the government restricted fundamental freedoms and compromised the rule of law. Since the 2016 coup attempt, authorities have dismissed or suspended more than 45,000 police and military personnel and more than 130,000 civil servants, dismissed one-third of the judiciary, arrested or imprisoned more than 80,000 citizens, and closed more than 1,500 nongovernmental organizations (NGOs) on terrorism-related grounds, primarily for alleged ties to the movement of cleric Fethullah Gulen, whom the government accuses of masterminding the coup attempt, and designated by the government as the leader of the “Fethullah Terrorist Organization” (“FETO”).

Significant human rights issues included: reports of arbitrary killings; suspicious deaths of persons in custody; forced disappearances; torture; arbitrary arrest and detention of tens of thousands of persons, including former opposition members of parliament, lawyers, journalists, foreign citizens, and employees of the U.S. Mission, for purported ties to “terrorist” groups or peaceful legitimate speech; the existence of political prisoners, including elected officials and academics; significant problems with judicial independence; severe restrictions on freedom of expression, the press, and the internet, including violence and threats of violence against journalists, closure of media outlets, and unjustified arrests or criminal prosecution of journalists and others for criticizing government policies or officials, censorship, site blocking and the existence of criminal libel laws; severe restriction of freedoms of assembly, association, and movement; some cases of refoulement of refugees; and violence against women and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and members of other minorities.

The government took limited steps to investigate, prosecute, and punish members of the security forces and other officials accused of human rights abuses; impunity remained a problem.

Clashes between security forces and the Kurdistan Workers’ Party (PKK) terrorist organization and its affiliates continued, although at a reduced level compared with previous years, and resulted in the injury or death of security forces, PKK terrorists, and civilians. The government did not release information on efforts to investigate or prosecute personnel for wrongful or inadvertent deaths of civilians linked to counter-PKK operations.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression within certain limits, and the government restricted freedom of expression, including for the press, throughout the year. Multiple articles in the penal code directly restrict press freedom and free speech, for example, through provisions that prohibit praising a crime or criminals or inciting the population to enmity, hatred, or denigration, as well as provisions that protect public order and criminalize insulting the state, the president, or government officials. Many involved in journalism reported that the government’s prosecution of journalists representing major opposition and independent newspapers and its jailing of journalists during the preceding three years hindered freedom of speech and that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.

The law provides for punishment of up to three years in prison for a conviction of “hate speech” or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law for not including restrictions based on gender identity and noted that the law was sometimes used more to restrict freedom of speech than to protect minorities.

The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. According to a poll by Reuters conducted in 2018 as part of its Digital News Report: Turkey Supplementary Report, 65 percent of respondents in Turkey stated, “…concern that openly expressing their views online could get them into trouble with the authorities.”

Expression critical of the government was frequently met with criminal charges alleging affiliation with terrorist groups or terrorism. In October, during Operation Peace Spring, the government launched investigations against more than 800 individuals largely for social media posts deemed critical of government actions in northeast Syria. The Ministry of Interior reported in the same month it had detained 186 and arrested 24 individuals based on charges related to support for terror because of their social media posts.

During the year the government opened investigations into thousands of individuals, including politicians, journalists, and minors, based on allegations of insulting the president; the founder of the Turkish Republic, Mustafa Kemal Ataturk; or state institutions. Based on HRA and HRFT statistics, during the first 11 months of the year, the government investigated more than 36,000 individuals and filed criminal cases against more than 6,000 people related to accusations they insulted the president or the state. In May a court sentenced construction worker Deniz Avci to two years’ imprisonment for insulting the president after he shared two cartoons depicting President Erdogan on social media. Avci’s lawyer noted the government had not opened any lawsuits against the cartoons’ creator or publisher.

Estimates of the number of imprisoned journalists varied. The Media and Law Studies Association in Istanbul attributed the disparity to the varying definitions of “journalist” or “media worker.” While the government officially recognizes as journalists only persons who have been issued a yellow press accreditation card–typically limited to reporters, cameramen, and editors–media watchdog groups included distributors, copy editors, layout designers, or other staff of media outlets in their definition. The government often categorized imprisoned journalists from Kurdish-language outlets or alleged pro-Gulen publications as “terrorists,” alleging ties to the PKK and the Gulen movement. Information about and access to the imprisoned staff of some of these outlets was therefore limited, further contributing to disparities in tallies of jailed journalists.

Estimates of the number of incarcerated journalists ranged from at least 47 according to the Committee to Protect Journalists (CPJ) to 136 according to the International Press Institute (IPI). The majority faced charges related to antistate reporting or alleged ties to the PKK or Gulen movement.

An unknown number of journalists were outside the country and did not return due to fear of arrest, according to the Journalists Association. Hundreds more remained out of work after the government closed more than 200 media companies allegedly affiliated with the PKK or Gulen movement, mostly in 2016-17, as part of its response to the 2016 coup attempt.

Freedom of Expression: Individuals in many cases could not criticize the state or government publicly without risk of civil or criminal suits or investigation, and the government restricted expression by individuals sympathetic to some religious, political, or cultural viewpoints. At times those who wrote or spoke on sensitive topics or in ways critical of the government risked investigation, fines, criminal charges, job loss, and imprisonment.

On September 6, an Istanbul court sentenced Republican People’s Party (CHP) Istanbul chairperson Canan Kaftancioglu to nearly 10 years’ imprisonment for “insulting the republic” and “insulting the president” for tweets she shared between 2012 and 2017. She remained free pending a legal appeal at years’ end.

A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms by members of parliament on the floor of parliament, providing for the possible issuance of fines to violators.

On December 2, the Diyarbakir public prosecutor requested charges be filed against former Diyarbakir Bar Association chairman Ahmet Ozmen and the former members of the bar’s executive board for violating Article 301 of the penal code, the article that criminalizes, among other things, openly provoking hatred and hostility and insulting parliament. The charges stemmed from a statement the Diyarbakir Bar Association released on April 24, 2017, saying, “We share the unrelieved pain of Armenian people.”

Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in enhanced caution in their public reporting.

Press and Media, Including Online Media: Mainstream print media and television stations were largely controlled by progovernment holding companies heavily influenced by the ruling party. Reporters Without Borders estimated the government was able to exert power in the administration of 90 percent of the most-watched television stations and most-read national daily newspapers. Only a small fraction of the holding companies’ profits came from media revenue, and their other commercial interests impeded media independence, encouraged a climate of self-censorship, and limited the scope of public debate.

Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.

Government prosecution of independent journalists limited media freedom throughout the year. In April 2018, 14 persons affiliated with the leading independent newspaper, Cumhuriyet, were convicted of aiding terrorist organizations, citing their reporting as part of the evidence against the accused, and sentenced to prison terms of between three and seven years. The court placed the journalists on probation and banned them from traveling abroad until the appeals process concluded. In April six defendants returned to prison after an appeals court upheld their convictions. Following a Supreme Court of Appeals ruling in September that dismissed most of the cases, only one former staff member remained jailed, but travel bans on the others remained in place. The original court set aside the Supreme Court of Appeals ruling and held a retrial for 13 of the original defendants in November, acquitting one and ruling against the Supreme Court of Appeals’ decision for the other 12. The case continued at year’s end as the defendants appealed the decision.

Additional journalists whose detentions were considered politically motivated included four journalists and editors who had worked for the now-closed, Gulen-linked Zaman newspaper. Authorities arrested the four in 2016, and they remained in detention on terrorism and coup-related charges. International human rights organizations condemned the sentences of six other journalists sentenced to aggravated life prison sentences on February 16 for alleged links to the 2016 coup attempt. On July 6, courts convicted an additional six journalists associated with the closed Zaman newspaper of terrorism-related charges and sentenced them to between eight and more than 10 years’ imprisonment.

In several cases the government barred journalists from travelling outside the country. For example, after serving three months in prison for “membership in a terror organization” and being acquitted in December 2018 due to lack of evidence, Austrian journalist and student Max Zringast remained under judicial control and was barred from leaving the country.

Violence and Harassment: Government and political leaders and their supporters used a variety of means to intimidate and pressure journalists, including lawsuits, threats, and, in some cases, physical attack.

In a spate of violence during the spring, six journalists from various outlets across the country were attacked in the space of five weeks. In May six individuals attacked Yenicag newspaper columnist Yavuz Demirag, ostensibly because they disagreed with his reporting. All three were released after questioning by authorities. In another attack in May, three individuals who attacked journalist Selahattin Onkibar were released under judicial control. The Turkish Journalists Union criticized the lack of investigations and blamed the increase in attacks against journalists on a sense of impunity on the part of those responsible for attacks.

The government routinely filed terrorism-related charges against an individual or publication in response to reporting on sensitive topics, particularly PKK terrorism and the Gulen movement (also see National Security). Human rights groups and journalists asserted the government did this to target and intimidate journalists and the public. In November reporters Ruken Demir (Mesopotamia Agency) and Melike Aydın (Jinnews) were placed in pretrial detention pending a hearing on charges of supporting a terrorist organization that reportedly stemmed from the content of their reporting.

Journalists reported that media outlets fired some individuals for being too controversial or adversarial with the government out of fear of jeopardizing other business interests.

Journalists affiliated or formerly affiliated with pro-Kurdish outlets faced significant government pressure, including incarceration. The government routinely denied press accreditation to Turkish citizens working for international outlets for any association (including volunteer work) with Kurdish-language outlets.

Censorship or Content Restrictions: Government and political leaders maintained direct and indirect censorship of news media, online media, and books. The Ministry of Interior disclosed that, between January 1 and April 9, it examined 10,250 social media accounts and took legal action against more than 3,600 users whom it accused of propagandizing or promoting terror organizations, inciting persons to enmity and hostility, or insulting state institutions. Media professionals widely reported practicing self-censorship due to intimidation and risks of criminal and civil charges.

While the law does not prohibit particular books or publications, publishing houses were required to submit books and periodicals to prosecutors for screening at the time of publication. The Turkish Publishers Association (TPA) reported that the country’s largest bookstore chain, D&R, removed some books from its shelves and did not carry books by some opposition political figures.

The TPA reported that publishers often exercised self-censorship, avoiding works with controversial content (including government criticism, erotic content, or pro-Kurdish content) that might draw legal action. The TPA reported that publishers faced publication bans and heavy fines if they failed to comply in cases in which a court ordered the correction of offensive content. Publishers were also subject to book promotion restrictions. In some cases prosecutors considered the possession of some Kurdish-language, pro-Kurdish, or Gulen movement books to be credible evidence of membership in a terror organization. In other cases authorities directly banned books because of objectionable content. For example, in September a court in Kars banned two books related to Kurds or “Kurdistan” for promoting “a terrorist organization.”

In July an Ankara court ordered domestic internet service providers to block in-country access to 135 web addresses representing a wide variety of platforms, including the independent news site Ozgur Gelecek (see Internet Freedom).

The government’s efforts to control media continued. A July report by Foundation for Political, Economic, and Social Research (a think tank with close ties to the ruling AKP) identified some foreign media outlets reporting from the country (e.g., BBC, Deutsche Welle, and Voice of America) as “antigovernment” and “proterrorism” for stories the organization deemed too critical of the Turkish government or promoting terrorist-related perspectives. In response the Turkish Journalists Union filed a complaint about the report, stating that it made the outlets and their correspondents “public targets.” Other critics and free speech advocates, including the European Center for Press and Media Freedom, asserted the publication laid the groundwork for greater suppression of foreign reporting and correspondents.

Some journalists reported their employers fired them or asked them to censor their reporting if it appeared critical of the government. These pressures contributed to an atmosphere of self-censorship in which media reporting became increasingly standardized along progovernment lines. Failure to comply typically resulted in a dismissal, with media groups occasionally citing “financial reasons” as a blanket cause for termination.

Some writers and publishers were subject to prosecution on grounds of defamation, denigration, obscenity, separatism, terrorism, subversion, fundamentalism, or insulting religious values. Authorities investigated or continued court cases against a myriad of publications and publishers on these grounds during the year. Media and Law Studies Association codirector and lawyer Veysel Ok and reporter Cihan Acar were sentenced to five months’ imprisonment on the charge of “degrading the judicial bodies of the state.” The lawsuit was based on an interview Ok gave to the newspaper Ozgur Dusunce in which he questioned the independence of the judiciary.

Radio and television broadcast outlets did not provide equal access to the country’s major political parties. Critics charged that the media generally favored the ruling AKP political party, including during the March municipal elections (see section 3).

The Radio and Television Supreme Council (RTUK) continued the practice of fining broadcasters whose content it considered “contrary to the national and moral values of society.” For example, RTUK sanctioned television channel TELE1 for broadcasting a speech made by HDP cochair Sezai Temelli in parliament. As of August RTUK’s authority extended to online broadcasters as well. Service providers that broadcast online are required to obtain a license or may face having their content removed. RTUK is empowered to reject license requests on the grounds of national security and to subject content to prior censorship. Civil society organizations reported concerns about the high cost of the license and requirement to obtain vetting certification from local police.

Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism (see section 2.a., Freedom of Expression, Including for the Press). According to press reports, convictions for insulting the president increased 13-fold between 2016 and the end of the year. The law provides that persons who insult the president of the republic may face a prison term of up to four years. The sentence may be increased by one-sixth if committed publicly and by one-third if committed by media outlets.

Authorities charged citizens, including minors, with insulting the country’s leaders and denigrating “Turkishness.” For example, in July a court of appeals sentenced famous local singer and actress Zuhal Olcay to 11 months and 20 days in prison for allegedly insulting the president in a song at a concert.

The government also targeted lawmakers, mostly from the pro-Kurdish HDP, with a significant number of insult-related cases. As of December at least 4,912 HDP lawmakers, executives, and party members had been arrested since July 2016 for a variety of charges related to terrorism and political speech.

While leaders and deputies from opposition political parties regularly faced multiple insult charges, free speech advocates pointed out that the government did not apply the law equally and that AKP members and government officials were rarely prosecuted.

According to the Ministry of Justice, in 2018 the government launched 36,660 investigations against at least 6,320 individuals related to insulting the president, including 104 children between the ages of 12 and 15. Comprehensive government figures for 2019 were unavailable at year’s end.

National Security: Authorities regularly used the counterterrorism law and the penal code to limit free expression on grounds of national security. Organizations, including the Committee to Protect Journalists and Freedom House, reported that authorities used the counterterrorism law and criminal code to prosecute journalists, writers, editors, publishers, filmmakers, translators, rights activists, lawyers, elected officials, and students accused of supporting a terrorist organization–generally either the PKK or the Gulen movement.

In one example in July, two filmmakers were sentenced to four years, six months in prison for their 2015 documentary movie, Bakur, about the PKK. According to the court, the documentary was “propaganda for a terrorist organization.” Many observers, however, viewed the prosecution as an example of the government using antiterror laws to limit freedom of expression.

Prominent columnist Ahmet Altan remained in prison at year’s end. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” and received an aggravated life sentence in February 2018. The Supreme Court of Appeals overturned his life imprisonment sentence in July and recommended he face the lesser charge of “aiding a terrorist organization.” In November the court convicted Altan on the lesser charge but ordered his release for time served. He was released on November 4 but rearrested on November 12 following the prosecutor’s objection to his release. Economist Mehmet Altan was previously convicted, along with his brother Ahmet, on terror-related charges for allegedly sending coded messages to the 2016 coup plotters during a panel discussion on a television program. The Supreme Court of Appeals overturned the verdict against Mehmet Altan due to a lack of sufficient and credible evidence, and he was acquitted in the retrial.

Authorities also targeted foreign journalists. For example, in June a criminal court in Istanbul accepted an indictment charging two Bloomberg News reporters for their coverage of the country’s economy, alleging that their reports had undermined the country’s economic stability. If convicted, they could face as many as five years in prison.

Nongovernmental Impact: The PKK used intimidation to limit freedom of speech and other constitutional rights in the southeast. Some journalists, political party representatives, and residents of the southeast reported pressure, intimidation, and threats if they spoke out against the PKK or praised government security forces.

The government continued to restrict access to the internet and expanded its blocking of selected online content. The government at times blocked access to cloud-based services and permanently blocked access to many virtual private networks. There was evidence the government monitored private online communications using nontransparent legal authority. The Freedom House report Freedom on the Net 2018: The Rise of Digital Authoritarianism highlighted fewer instances of network shutdowns but the continuation of blocked access to several news and citizen journalism websites, as well as increasing self-censorship.

The law allows the government to block a website or remove content if there is sufficient suspicion that the site is committing any number of crimes, including insulting the founder of the Turkish Republic, Mustafa Kemal Ataturk, or insulting the president. The government may also block sites to protect national security and public order. At times authorities blocked Wikipedia and other news and information sites that had content criticizing government policies. The law also allows persons who believe a website violated their personal rights to ask the regulatory body to order internet service providers (ISPs) to remove the offensive content. Government leaders, including the president, reportedly employed staff to monitor the internet and initiate charges against individuals perceived as insulting them.

The government-operated Information Technologies Institution (BTK) is empowered to demand that ISPs remove content or block websites with four hours’ notice, as are government ministers. The regulatory body must refer the matter to a judge within 24 hours, who must rule on the matter within 48 hours. If it is not technically possible to remove individual content within the specified time, the entire website may be blocked. ISP administrators may face a penalty of six months to two years in prison or fines ranging from 50,000 to 500,000 lira ($8,500 to $85,000) for conviction of failing to comply with a judicial order. The president appoints the BTK president, vice president, and members of the agency.

In August the BTK announced it would block access to 135 web addresses. The action targeted opposition news portals and public media accounts–notably the Twitter account of HDP Istanbul member of parliament Oya Ersoy and accounts that posted updates about the continuing Gezi trial. The BTK stated the move was “to protect national security and public order, prevent crime or protect public health.” Domestic and international media organizations and activists condemned the decision.

The government has authority to restrict internet freedom with limited parliamentary and judicial oversight. The law provides that government authorities may access internet user records to “protect national security, public order, health, and decency” or to prevent a crime. The law also establishes an ISP union of all internet providers that are responsible for implementing website takedown orders. The judicial system is responsible for informing content providers of ordered blocks. Content providers, including Twitter and Facebook, were required to obtain an operating certificate for the country.

Internet access providers, including internet cafes, were required to use BTK-approved filtering tools that blocked specific content. Additional internet restrictions were in place in government and university buildings. According to the internet freedom NGO Engelliweb, the government blocked an additional 54,903 domain names during 2018, bringing the total number of blocked sites to 245,825. Of the new domain names that were blocked, 95 percent were blocked through a BTK decision.

Wikipedia has been blocked in the country for more than two years on the basis of national security concerns. In May, following two years of a state-imposed ban against the Wikipedia website, the Wikipedia Foundation brought a case against the country in the ECHR. In July the ECHR decided to expedite the case, due to its public importance. The Constitutional Court began deliberations on the website’s appeal of the ban in September and in late December ruled the government’s ban was a violation of the freedom of expression.

According to Twitter’s internal transparency report, during the first six months of the year, the company received 6,073 court orders and other legal requests from Turkish authorities to remove content, the highest number of such requests worldwide.

During the year the government continued to limit academic freedom, restrict freedom of speech in academic institutions, and censor cultural events.

The president appointed rectors to state and foundation-run universities, leading critics to assert that the appointments compromised the academic and political independence of the institutions. Some academics lost their jobs or faced charges due to public statements critical of government policy during the year. Academics and others criticized the situation in public universities, asserting that the dismissals of more than 7,000 academics during the 2016-18 state of emergency had depleted many departments and institutions of qualified professional staff to the detriment of students and the quality of education. According to press reports, as of August, 273 departments for 78 public universities did not have any academic staff. In July the Constitutional Court ruled that the prosecution of nearly 2,000 academics, known as the Academics for Peace, for “terrorist propaganda” after they signed a 2016 petition condemning state violence against Kurds in the southeast and calling for peace, constituted a violation of their right to freedom of expression. Following the high court’s verdict, as of November lower courts acquitted 486 academics, and 336 cases remained pending. Most academics who were acquitted were not reinstated to their previous positions.

Some academics and event organizers stated their employers monitored their work and they faced censure from their employers if they spoke or wrote on topics not acceptable to academic management or the government. Many reported practicing self-censorship. Human rights organizations and student groups criticized court- and Higher Education Board-imposed constraints that limited university autonomy in staffing, teaching, and research policies.

Antiterror measures also affected arts and culture. The state-run broadcaster TRT banned songs from the airwaves and defended the practice, stating it was respecting the law that forbids the broadcast of content encouraging persons to smoke or drink or that conveys “terrorist propaganda.” In September prosecutors accepted a criminal complaint against 18 rappers who took part in the #SUSAMAM project, a 15-minute rap video that examined a wide spectrum of social issues.

b. Freedoms of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face during a protest. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The antiterror law gives governorates enhanced authority to ban protests and public gatherings, a ban some governorates enacted broadly during the year.

The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, frequently using excessive force and resulting in injuries, detentions, and arrests. At times the government used its authority to detain persons before protests were held on the premise they might cause civil disruption. The government generally supported security forces’ actions. The HRA and HRFT jointly reported that in the first 11 months of the year, police intervened in 962 demonstrations. As many as 2,800 persons claimed they faced beating and inhuman treatment during these police interventions. Neither government nor human rights groups released statistics regarding the number of demonstrations that proceeded without government intervention. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests. In July students at Ankara’s Middle East Technical University were confronted by police spraying tear gas before being forcibly removed. The students had set up tents to protest the cutting of trees for the construction of a new state dormitory on campus.

On March 8, police used tear gas to break up an International Women’s Day march of several thousand demonstrators near Istanbul’s Taksim Square. President Erdogan claimed some participants continued their protest during the call to prayer, which he said constituted an insult to religion (a crime according to domestic law). Progovernment media extensively covered the events with columnists widely condemning the demonstrators and largely echoing Erdogan’s criticisms, although some in progovernment media criticized his use of religion in this way. The women’s committee in charge of organizing the event issued a statement denying the accusations and asserting police used excessive force against the demonstrators.

Throughout the year during court hearings of jailed former HDP cochair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Domestic and international observers were admitted to observe one hearing.

The government also selectively restricted gatherings to designated sites or dates, particularly limiting access to Istanbul’s Taksim Square and Istiklal Street and Ankara’s Kizilay Square, and set up roadblocks to prevent protesters from gathering there. Although police removed barriers around the human rights monument in Ankara’s Kizilay Square in July, a mobile police presence remained. The government selectively banned many demonstrations outright if they were critical of the government. In September-October, Ankara police prevented mothers of military cadets sentenced to life in prison for their alleged involvement in the coup attempt from gathering outside the AKP headquarters building in Ankara. In contrast, during the same period, police did not prevent demonstrators from staging sit-ins outside HDP buildings in Diyarbakir to demand the return of children allegedly forcibly recruited by the PKK.

Istanbul police continued to prevent the vigil of the Saturday Mothers from taking place on Istiklal Street, instead requiring the group to hold the weekly gathering on a nearby side street. Since the 1990s, the Saturday Mothers gathered to commemorate the disappearances of relatives following their detention by security forces in the 1980s and 1990s and to call for accountability. Interior Minister Suleyman Soylu previously accused the group of exploiting the concept of motherhood to mask support for terrorism.

The governors of Kayseri and Istanbul banned an academic conference hosted by the Hrant Dink Foundation in their respective provinces. The conference was the sixth in a series of similar events across the country. In a press statement, the group said the conference was a legal action taken directly in line with its government-approved foundational charter and did not violate the sections of law pertaining to assemblies and demonstrations.

Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year. For example, in January police prevented HDP lawmakers from holding a press conference in support of HDP member of parliament Leyla Guven’s hunger strike in front of the HDP Diyarbakir provincial headquarters. Police also violently disrupted a February demonstration in Van on the same topic.

In contrast with previous years, labor rights activists and political parties participated in largely peaceful marches throughout the country on May 1 (Labor Day). Turkish authorities detained 127 marchers in Istanbul who attempted to gather in Taksim Square (which the government specified as off limits).

The governors of Ankara, Istanbul, Izmir, Antalya, Gaziantep, and Mersin issued bans on public activities by lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons during the year. In May and June, police broke up public events related to Pride Month using batons, tear gas, water cannons, and rubber bullets in Izmir and Istanbul. In Izmir groups reported police detained 16 persons for several hours, and police in Istanbul reportedly detained three to five individuals. Police in Ankara also responded to similar events with tear gas despite court rulings that the governorate’s blanket ban on public events by LGBTI groups was not legal. Activists reported that despite the court’s ruling, the government continued to impose individual bans on events and assemblies.

While the law provides for freedom of association, the government continued to restrict this right. The government used provisions of the antiterror law to prevent from reopening associations and foundations it had previously closed due to alleged threats to national security. In July the Inquiry Commission on the State of Emergency Measures announced the government had closed 1,750 nongovernmental associations and foundations under state of emergency measures. Of those, the government allowed the reopening of 208 groups. Observers widely reported the appeals process for institutions seeking redress remained opaque and ineffective (see section 1.e.).

By law persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad and must provide detailed documents on such activities. Representatives of associations stated this requirement placed an undue burden on their operations. Human rights and civil society organizations, groups promoting LGBTI rights, and women’s groups in particular complained the government used regular and detailed audits to create administrative burdens and to intimidate them through the threat of large fines. In December the government closed Antakya Purple Solidarity Women’s Association, alleging the association was providing training without the requisite permissions. Bar association representatives reported that police sometimes attended civil society organizational meetings and recorded them, which the representatives interpreted as a means of intimidation.

In February the Istanbul Chief Public Prosecutor’s Office announced it would seek life imprisonment for philanthropist Osman Kavala, the former editor in chief of opposition-leaning newspaper Cumhuriyet, and 15 other journalists, artists, and human rights activists for “attempting to overthrow the government” by “organizing and financing” the 2013 Gezi Park protests. Human rights groups criticized the 657-page indictment as not containing “a shred of evidence” of criminal activities. Kavala, the founder of Anadolu Kultur, an organization dedicated to cross-cultural and religious dialogue, had been in prison since 2017. Hearings in the trial began in June. Defendants asserted the evidence presented by the prosecutor did not amount to a crime, contained inaccuracies, and made conclusions based on supposition rather than fact.

The case against former Amnesty International honorary chair Taner Kilic and 10 other human rights defenders continued. The defendants were charged with “membership in a terrorist organization” or “aiding a terrorist organization without being a member,” largely stemming from attendance at a 2017 workshop entitled, Protecting Human Rights Advocates–Digital Security, held on Istanbul’s Buyukada Island. A court had released Kilic under judicial control in August 2018 while his case continued. In November the prosecutor recommended conviction for Kilic and five other defendants on terror-related charges and requested acquittal for the remaining five. The case continued at years’ end.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited these rights. The government continued to restrict foreign travel for some citizens accused of links to the Gulen movement or the failed 2016 coup attempt. In March authorities lifted passport restrictions for 57,000 individuals, although it remained unclear how many more remained unable to travel. Curfews imposed by local authorities in response to counter-PKK operations and the country’s military operation in northern Syria also restricted freedom of movement. The government declared Hakkari Province a “special security zone” and limited movement into and out of several districts in the province for weeks at a time, citing the need to protect citizens from PKK attacks.

In-country Movement: The constitution provides that only a judge may limit citizens’ freedom to travel and only in connection with a criminal investigation or prosecution. Antiterror laws allowed severe restrictions to be imposed on freedom of movement, such as granting governors the power to limit movement on individuals, including entering or leaving provinces, for up to 15 days.

Freedom of movement remained a problem in parts of the east and southeast, where countering PKK activity led authorities to block roads and set up checkpoints, temporarily restricting movement at times. The government instituted special security zones, restricting the access of civilians, and established curfews in parts of several provinces in response to PKK terrorist attacks or activity (see section 1.g., Abuses in Internal Conflict).

Conditional refugees and Syrians under temporary protection also experienced restrictions on their freedom of movement (see section 2.f., Protection of Refugees).

Foreign Travel: The government placed restrictions on foreign travel for tens of thousands of citizens accused of links to the Gulen movement or the failed coup attempt, as well as to their extended family members. Authorities also restricted some foreign citizens with dual Turkish citizenship from leaving the country due to alleged terrorism concerns. The government maintained that the travel restrictions were necessary to preserve security.

For those barred from travel, some chose to leave the country illegally. In October a boat carrying 19 citizens seeking to flee the country capsized in the Aegean Sea, killing seven, including five children.

Syrians under temporary protection risked the loss of temporary protection status and a possible bar on re-entry into the country if they chose to travel to a third country or return temporarily to Syria. The government issued individual exit permissions for Syrians under temporary protection departing the country for family reunification, health treatment, or permanent resettlement, and required an individual exception for all other reasons. The government sometimes denied exit permission to Syrians under temporary protection for reasons that were unclear.

Turkey’s Operation Peace Spring displaced residents of villages along the country’s border with Syria. The renewal of conflict between the government and the PKK in the southeast in 2015 resulted in hundreds of thousands of internally displaced persons (IDPs). In some cases those displaced joined IDPs remaining from the conflict between security forces and the PKK between 1984 and the early 2000s. A reduction in urban clashes and government reconstruction efforts during the year permitted some IDPs to return to their homes. Overall numbers remained unclear at year’s end.

The law allows persons who suffered material losses due to terrorist acts, including those by the PKK or by security forces in response to terrorist acts, to apply to the government’s damage determination commissions for compensation. In Nusaybin the government built and distributed 778 housing units to residents whose homes were destroyed in antiterror operations.

The government took steps during the year to increase services provided to the approximately four million refugees, asylum seekers, and migrants in the country, nearly 3.7 million of whom were displaced Syrians. A 2016 agreement between the government and the EU continued to limit irregular migration from Turkey to Europe via the Aegean Sea. The Directorate General for Migration Management reported 414,313 “irregular migrants” were apprehended as of November. UNHCR reported 185,000 of these apprehensions were Afghan nationals. Some 89,000 were deported to their countries of origin. Most of these individuals were from Pakistan or Afghanistan, according to UNHCR. Reports of larger-scale detentions of individuals, including Afghans, Syrians and Iraqis, were also received. In the first six months of the year, an estimated 144 migrants died due to drowning, traffic accidents, or exposure to the elements.

Abuse of Migrants, Refugees, and Stateless Persons: Multiple sources reported that authorities denied entry to undocumented Iraqis, Syrians, and Afghans during the year. There were reports that Turkish border guards intercepted or summarily deported Syrians and Afghans seeking asylum. In the days immediately following the Ministry of Interior’s announcement of stricter enforcement of refugee registration requirements in Istanbul, UNHCR confirmed that a small number of Syrian refugees had been involuntarily returned to Syria. Turkish border guards also reportedly killed or injured Syrian asylum seekers at the border (see section 1.a.). During the offensive by Syrian government forces in Idlib in June and July, there were reports of displaced Syrians in Turkey being forced to return back across the border into Syria (also see Refoulement).

The country’s borders with Syria and Iraq remained closed to all but urgent humanitarian, medical, and family reunification cases since late 2015. Of the 20 border crossing points between Syria and Turkey, only three were open for limited civilian access. The rest were for military or military and humanitarian assistance only. Since November 2017 some provinces along the border with Syria limited registration of asylum seekers to certain exceptional cases only, limiting refugees’ ability to gain access to social services, including education and medical care in these areas, unless they relocate to a city where they can register. Large cities such as Istanbul also limited registration.

Incidents of societal violence directed against refugees and persons in refugee-like conditions increased during the year. In June in the Kucukcekmece district of Istanbul, tensions between local residents and Syrian refugees erupted into violence that continued for two nights and resulted in the destruction of several Syrian businesses. Workplace exploitation, child labor, and forced early marriage also remained significant problems among refugees. Human rights groups alleged conditions in detention and removal centers sometimes limited migrants’ rights to communication with and access to family members, interpreters, and lawyers (also see Refoulement).

In certain districts of Istanbul, NGO staff members reported receiving verbal threats and harassment from residents of host communities, urging them not to help Syrians.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to conditional refugees, returning refugees, stateless persons, and temporary and international protection status holders.

UNHCR reported there were LGBTI asylum seekers and conditional refugees in the country, most coming from Iran. According to human rights groups, these refugees faced discrimination and hostility from both authorities and the local population due to their status as members of the LGBTI community. Commercial sexual exploitation also remained a significant problem in the LGBTI refugee community, particularly for transgender individuals.

Refoulement: Authorities generally offered protection against refoulement to all non-European asylum seekers who met the definition of a refugee in the 1951 UN Refugee Convention, although there were some confirmed cases of refoulement and tens of thousands of deportations have taken place during the year. The government increased efforts to deport those it claimed entered the country illegally, before they were granted status determination interviews by Turkish migration authorities. Istanbul, along with 14 other provinces, stopped registering asylum seekers in 2018, with the exception of those in a few categories such as newborn children and some specialized medical cases and family reunification instances. Many asylum seekers reported that in order to find work or be with their families, they either did not register or moved from the city where they had registered, neither of which is allowed under the country’s regulations. During the year the government also increased enforcement in major cities, such as Istanbul, against those who were either unregistered or registered to live in another province. In one instance an operation in July in Istanbul apprehended 6,122 individuals, including 2,600 Afghans and 1,000 Syrians, who either did not have valid registration to reside in Istanbul or who did not have registration at all.

The Ministry of Interior stated that all refugees of nationalities other than Syrian apprehended during these operations were sent to “repatriation centers.” Multiple refugee advocacy and human rights groups, including Amnesty International, reported the refoulement of some Syrians throughout the summer, during active conflict in Idlib, and the fall. While some deported Syrians acknowledged they were living unregistered when they were apprehended and deported, others said they were living outside their city of registration or claimed to have been carrying valid government documents guaranteeing their ability to reside in Turkey. One international human rights group reported that 23 Syrians claimed they were forcibly repatriated although they had not been willing to sign a “voluntary return form” or signed only after being coerced or misinformed. The government contended all returns were voluntary.

Access to Asylum: The law provides for standard treatment of asylum seekers countrywide and establishes a system of protection, but it limits rights granted in the 1951 convention to refugees from Europe and establishes restrictions on movement for conditional refugees. While non-European asylum seekers were not considered refugees by law, the government granted temporary protection status to millions of Syrians while maintaining conditional/subsidiary refugee status and providing international protection for other asylum seekers. Individuals recognized by the government for temporary protection (Syrians) or conditional/subsidiary refugee status (all other non-Europeans, for example, Iraqis, Iranians, and Somalis) were permitted to reside in the country temporarily until they could obtain third-country resettlement.

The law provides regulatory guidelines for foreigners’ entry into, stay in, and exit from the country, and for protection of asylum seekers. The law does not impose a strict time limit to apply for asylum, requiring only that asylum seekers do so “within a reasonable time” after arrival. The law also does not require asylum seekers to present a valid identity document to apply for status.

UNHCR reported it had intermittent and unpredictable access to detention and removal centers where non-Syrians were detained. UNHCR reported its visits to removal centers where apprehended foreigners were detained indicated the need for improvement in some areas, including access to information and legal aid by detainees as well as improved interpretation services. A 2016 agreement between the EU and Turkey allows some migrants arriving in Greece to be returned to Turkey in particular circumstances. Some contacts expressed doubts that all these readmitted persons had access to the asylum procedure and echoed UNHCR’s concerns.

Freedom of Movement: Authorities assigned Syrians to one of 62 “satellite cities,” where they are supposed to receive services from local authorities under the responsibility of provincial governorates. These refugees were required to check in with local authorities on either a weekly or biweekly basis and needed permission from local authorities to travel to cities other than their assigned city, including for meetings with UNHCR or resettlement-country representatives, which the government generally provided. Syrians under temporary protection were also restricted from traveling outside of provinces listed on their registration cards without permission. Syrians and non-Syrians could request permission to travel or to transfer their registration through the Directorate General for Migration Management (DGMM). Certain provinces did not accept travel permission requests or transfer of registration from Syrians under temporary protection. Syrians living in camps required permission from camp authorities to leave the camps.

Employment: The law allows both Syrians under temporary protection and non-Syrian conditional refugees the right to work, provided they were registered in the province they wish to work in for six months. Applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both conditional refugees and Syrians under temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

Access to Basic Services: The government provided free access to the public medical system to Syrians registered for temporary protection and subsidized medical care to other conditional refugees. The government also expanded access to education for school-age Syrian children. Many encountered challenges overcoming the language barrier or meeting transportation or other costs, or both.

As of September the Ministry of National Education reported that 684,000 of the school-age refugee children in the country were in school, a significant increase from prior years. An estimated 36.9 percent remained out of school as of September. According to UNICEF, nearly 526,000 refugee children received monthly cash assistance for education through a joint program with UNICEF funded by international donors.

Provincial governments, working with local NGOs, were responsible for meeting the basic needs of refugees and other asylum seekers assigned to satellite cities in their jurisdictions, as well as of the Syrians present in their districts. Basic services were dependent on local officials’ interpretation of the law and their resources. Governors had significant discretion in working with asylum seekers and NGOs, and the assistance provided by local officials to refugees and persons in situations similar to those of refugees varied widely.

Durable Solutions: The law does not provide for durable solutions within the country for Syrians under temporary protection or for conditional refugees, but it allows them to stay until resettled to a foreign country or able to return to their country of origin. The government granted citizenship to some Syrian refugees on a limited basis. As of September authorities had granted approximately 100,000 Syrians citizenship since 2010, according to the Interior Ministry’s General Directorate of Population and Citizenship Affairs.

Temporary Protection: Turkey adopted a geographically limited understanding of the term “refugee” when it ratified the Refugee Convention and acceded to the Refugee Protocol, recognizing only Europeans as eligible for legal refugee status. In recognition of this gap, the government adopted a temporary protection regulation in 2014. The government offered temporary protection to Syrian refugees who did not qualify as refugees due to the European-origin limitation in the law. According to the Syrian National Coalition and Turkish authorities, at year’s end the country was hosting under this “temporary protection” status nearly 3.6 million Syrian refugees. Authorities required Syrian asylum seekers to register with the DGMM to legalize their temporary stay in the country. In 15 provinces the DGMM no longer processed new registrations beyond newborns and highly vulnerable Syrians. Syrians who registered with the government were able to receive an identification card, which qualified them for assistance provided through the governorates, including free primary health care. By year’s end the DGMM had closed all but seven camps in five provinces. Residents of these camps numbered 63,443 at year’s end, according to authorities.

Syrians who officially entered the country with passports could receive one-year residence permits upon registration with the government. In 2018, 74,939 Syrians held valid residence permits; 2019 figures were not available at year’s end.

The government did not keep figures for stateless persons. The government provided documentation for children born to conditional refugees and Syrians under temporary protection, although statelessness remained an increasing concern for these children, who could receive neither Turkish citizenship nor documentation from their parents’ home country. As of December there were at least 405,500 babies born to Syrian mothers in the country since the beginning of the Syrian conflict in 2011, according to the Interior Ministry.

Section 3. Freedom to Participate in the Political Process

Although the constitution and law provide citizens the ability to change their government through free and fair elections based on universal and equal suffrage conducted by secret ballot, the government restricted equal competition and placed restrictions on the fundamental freedoms of assembly and expression. The government restricted the activities of some opposition political parties and leaders, including through police detention. Several parliamentarians remained at risk of possible prosecution after parliament lifted their immunity in 2016. During the year restrictive government regulations impacted the ability of many among the opposition to conduct political activities, such as organizing protests or political campaign events and sharing critical messages on social media. The government also suspended democratically elected mayors in multiple cities and municipalities in the southeast and in their place assigned state “trustees” when the former were accused of (but not necessarily convicted of) affiliation with terrorist groups. These tactics were most commonly directed against politicians affiliated with the leftist pro-Kurdish HDP and its partner party, the DBP. The government removed 44 percent of HDP mayors elected in the March municipal elections. Since 2016 the government had removed 62 percent of elected HDP officials. Former HDP cochairs Demirtas and Figen Yuksekdag remained in prison (see section 1.e, Political Prisoners and Detainees).

Opposition party officials reported difficulty raising campaign donations from individuals and businesses, which said they feared reprisals from the government. Some company employees seen by their management as supporting opposition parties, especially the HDP, claimed they faced adverse treatment, including termination of employment.

Recent Elections: On March 31, the country held municipal elections for thousands of seats, ranging from local neighborhood council seats to metropolitan mayors. The campaign occurred in a media environment that was heavily biased in favor of the government. Progovernment outlets and ruling party incumbents criticized opposition leaders and candidates by alleging they had links to terrorism.

In an April 1 statement, Council of Europe observers stated the elections were conducted in a technically sound and orderly manner but noted that a genuinely democratic election also needed a political environment with genuine freedom of expression, media freedom and equal access to all parties, and a fair and reasonable legal framework overseen by a robust judiciary.

After the Supreme Electoral Council (YSK) initially declared opposition candidate Ekrem Imamoglu the winner of the mayoral race in Istanbul, the YSK then ordered a rerun of the race in response to ruling party claims of election irregularities. The rerun decision attracted criticism from the European Commission, the Council of Europe, and many others, who asserted the YSK made the decision in a highly politicized context and under pressure from the presidency. Imamoglu won the election rerun on June 23 and assumed office on June 27.

The municipal campaigns and elections occurred in an environment with restricted basic rights and freedoms, including those of assembly and speech. While most candidates were generally able to campaign ahead of the elections, government officials threatened multiple candidates and party leaders with criminal charges. For example, a prosecutor revived a resolved legal case against the opposition candidate for Ankara mayor; and President Erdogan publicly raised doubts about the candidate’s ability to fulfill his term should he be elected mayor because of the pending case.

The YSK unseated some winners in March, finding them ineligible to serve, after it had initially cleared their eligibilities for candidacy. For example, four winning HDP mayoral candidates were barred from taking office on the grounds of their previous dismissals from civil service positions but after the YSK previously approved their eligibility to run in the election. Starting in August the government suspended 28 newly elected HDP mayors in the southeast on allegations of support to terrorist elements and replaced them with appointed trustees.

All parties alleged irregularities in the voter lists, which they complained included “ghost voters” (one “ghost” registrant was older than age 130) or legally deceased individuals, and suspicious residency claims.

Media coverage overwhelmingly favored the candidates of the ruling party and those of its coalition and election ally, the Nationalist Movement Party. For example, according to a member of the national broadcasting regulator during the 57-day period prior to the elections, state-run TRT devoted 150 hours of coverage to AKP, 50 hours to CHP, and three hours to HDP. Many opposition parties relied instead on social media to connect with supporters.

The pre-election period saw several attacks on political party offices, rallies, and members, including some incidents that led to death and serious injury. Opposition party members faced frequent accusations from the highest levels of government of alleged terrorism-related crimes. On April 21, a crowd assaulted CHP chair Kemal Kilicdaroglu during the funeral ceremony for a soldier killed by the PKK. The attack followed statements by President Erdogan and other government officials accusing the CHP of sympathizing and collaborating with “PKK terrorists” during the municipal election campaigns.

In June 2018 the country held early parliamentary and presidential elections that had been originally scheduled for late 2019. The elections completed a constitutional amendment process that began with the 2017 national referendum, the passing of which initiated the country’s official transition from a parliamentary system to a presidential one. The campaign and election both occurred under a state of emergency that had been in place since 2016 and that granted the government expanded powers to restrict basic rights and freedoms, including those of assembly and speech. While most candidates were generally able to campaign ahead of the elections, the HDP’s candidate remained in prison during the campaign and the candidate for the IYI Party faced a de facto media embargo. Despite the ability to campaign, the OSCE’s Election Observation Mission noted the elections were held in an environment heavily tilted in favor of the president and the ruling party, noting, “the incumbent president and his party enjoyed a notable advantage in the campaign, which was also reflected in excessive coverage by public and government-affiliated private media.”

Media coverage of the 2018 parliamentary and presidential candidates similarly overwhelmingly favored the president and ruling party. For example, according to a member of the Radio and Television Supreme Council, between May 14 and May 30, TRT broadcast 67 hours of coverage on President Erdogan, seven hours on CHP candidate Muharrem Ince, 12 minutes on IYI candidate Meral Aksener, eight minutes on Felicity Party candidate Temel Karamanoglu, and no coverage of HDP candidate Selahattin Demirtas. Many opposition parties relied instead on social media to connect with supporters.

The period between the April 2018 announcement of early elections and the vote saw a number of attacks on political party offices, rallies, and members, including some incidents that led to death and serious injury. Violence most commonly targeted the HDP and its campaigners. Opposition party members faced frequent accusations from the highest levels of government of alleged terrorism-related crimes. A number of opposition candidates for parliament continued to face legal charges in connection with such claims, and the HDP’s presidential candidate, Demirtas, was in prison during the campaign. The OSCE noted that key amendments were adopted within months of the early elections, without consultation, and were perceived as favoring the ruling party.

There were allegations of electoral irregularities primarily in the east, which some tied to unanticipated levels of success for the AKP and associated parties, in an area historically dominated by opposition parties.

Political Parties and Political Participation: Eight political parties existed in parliament, with others able to participate in elections. Some parties enjoy greater advantages than others. Media influence favored the ruling party, and representatives expressing views critical of the government or President Erdogan have faced criminal or civil charges. HDP representatives faced particularly significant legal challenges to their ability to campaign, express opinions, and retain their mandate. The government used opposition leaders’ social media postings to file criminal and civil complaints against them, alleging the defendants insulted the president and spread terrorist propaganda.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process. Some individuals advocating for political rights or associated with the HDP, however, experienced increased government pressure or were accused of ties to the PKK terrorist organization. According to the Association to Support Women Candidates, the number of women participating in the March 31 municipal elections as candidates at the mayoral, district mayoral, and metropolitan city levels was between 7.5 percent and 8.5 percent. For example, 652 of 8,257 (7.9 percent) mayoral candidates in the March 31 elections were women. Of 1,389 newly elected mayors at the district level or higher, 37 were women. The number of women in the judiciary also remained disproportionately low. As of year’s end, there were 102 women in the 600-member parliament. The greatest number of elected female mayors were in the southeast and ran on leftist and pro-Kurdish party tickets.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The government and independent monitoring groups reported with concern that violence against women, particularly femicides, increased, compared with 2018. The law criminalizes violence against women and sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation. The government did not effectively or fully enforce these laws or protect victims. For example, in May human rights lawyer Muzeyyen Boylu Issi was shot and killed by her husband in front of their children, after having survived two previous attempts on her life and filing for divorce and a protection order. As of November the husband, Mesut Issi, was in prison pending trial. If convicted of murder, he could face additional charges of aggravated life imprisonment.

The law covers all women and requires police and local authorities to grant various levels of protection and support services to survivors of violence or those at risk of violence. It also mandates government services, such as shelter and temporary financial support, for victims and provides for family courts to impose sanctions on perpetrators.

The law provides for the establishment of violence-prevention and monitoring centers to offer economic, psychological, legal, and social assistance. There were 81 violence prevention centers throughout the country, one in each province. There were 144 women’s shelters nationwide, providing shelter to approximately 30,000 women. Women’s rights advocates asserted there were not enough shelters to meet the demand for assistance and that shelter staff did not provide adequate care and services, particularly in the southeast. Some NGOs noted shelters in multiple southeastern provinces closed during the state of emergency and that others faced difficulty following the removal of elected mayors and appointment of government trustees, some of whom cut funding and ended partnerships with the local NGOs. Some NGOs noted the lack of services was more acute for elderly women and LGBTI women as well as women with older children. The government operated a nationwide domestic violence hotline and web application called the Women Emergency Assistance Notification System (KADES). NGOs asserted the quality of services provided in calls was inadequate for victims of domestic violence. According to press reports, 13,000 women had used the KADES app to report violence as of September.

Violence against women, including spousal abuse, remained a serious and widespread problem both in rural and urban areas. Spousal rape is a criminal offense, and the law also provides criminal penalties for conviction of crimes such as assault, deprivation of liberty, or threats. Despite these measures, killings and other forms of violence against women continued unabated. According to the We Will Stop Femicide Association, 430 women were murdered in the first 11 months of the year; 53 in September alone.

On August 24, thousands of demonstrators gathered in Istanbul and in other cities around the country to protest gender-based violence following the public killing of Emine Bulut by her former husband in front of their 10-year-old daughter. Social media users shared video of the attack, and the victim’s dying words, “olmek istemiyorum” (“I don’t want to die”), became a rallying cry for demonstrators and on social media. In October Bulut’s former husband was sentenced to life imprisonment.

Following the incident, women’s rights groups called for the enforcement of the Council of Europe’s Istanbul Convention on Preventing and Combatting Violence against Women and Domestic Violence, and leaders from across the political spectrum denounced that attack. Courts regularly issued restraining orders to protect victims, but human rights organizations reported that police rarely enforced them effectively. Women’s associations also charged that government counselors and police sometimes encouraged women to remain in abusive marriages at their own personal risk rather than break up families.

In October Ayse Tuba Arslan’s former husband attacked her with a meat cleaver. Arslan had pressed charges against her former husband 23 times; an Eskisehir court dismissed five of the 10 charges filed during the year. Police failed to enforce the court-issued restraining orders effectively. Arslan died of her wounds on November 25.

Courts in some cases gave reduced sentences to some men found guilty of committing violence against women, citing good behavior during the trial or “provocation” by women as an extenuating circumstance of the crime. For example, in August an Adana court reduced the sentence of Mehmet Ciftci from life imprisonment to 18 years’ imprisonment for good behavior. Ciftci was convicted of murdering his 19-year-old wife, who was four months pregnant at the time of her murder.

Other Harmful Traditional Practices: Human rights activists and academics reported the problematic practice of “honor killings” of women continued across the country (31 cases reported during the year). The prevalence of killings was most severe in the southeast.

Individuals convicted of honor killings may receive life imprisonment, but NGOs reported that courts often reduced actual sentences due to mitigating factors. The law allows judges, when establishing sentences, to take into account anger or passion caused by the “misbehavior” of the victim.

Sexual Harassment: The law provides for up to five years’ imprisonment for sexual harassment. If the victim is a child, the recommended punishments are longer; however, women’s rights activists reported that authorities rarely enforced these laws. For example, in February a police officer sexually harassed a university student being detained during a protest in Ankara. According to local media, despite the existence of photographic evidence, police attempted to cover up the incident, accused the victim of having ties to a terror organization, and detained and interrogated the journalist who interviewed the victim and her family.

Gender equality organizations indicated that incidents of verbal harassment and physical intimidation of women in public occurred with regularity and cited as the cause a permissive social environment in which harassers were emboldened. In one case, in September a woman physically attacked in Ankara reported that authorities tried to legitimize the attack by questioning her during her deposition about what she was wearing and whether the attack occurred late at night.

Some women’s rights NGOs asserted that weak legal enforcement of laws to protect women and light sentencing of violent perpetrators of crimes against women contributed to a climate of permissiveness for potential offenders. Women’s advocates expressed concern that laws passed in 2018 to encourage dispute resolution through mediation rather than the court system would reduce the severity of criminal punishment given perpetrators of violence against women, thereby reducing the deterrent effect of the law, undermining women’s safety, and potentially enabling impunity.

Coercion in Population Control: There were no reports of coerced abortion or forced sterilization.

Discrimination: Women enjoy the same rights as men by law, but societal and official discrimination were widespread. Women faced discrimination in employment.

The constitution permits measures, including positive discrimination, to advance gender equality. To encourage the hiring of women, the state paid social services insurance premiums on behalf of employers for several months for any female employee older than age 18. Laws introduced as a gender justice initiative provided for maternity leave, breastfeeding time during work hours, flexibility in work hours, and required child care by large employers. Rights organizations contended, however, that these changes in the legal framework discouraged employers from hiring women and negatively impacted their promotion potential.

Birth Registration: There was universal birth registration, and births were generally registered promptly. A child receives citizenship from his or her parents, not through birth in the country. Only one parent needs to be a citizen to convey citizenship to a child. In special cases in which a child born in the country cannot receive citizenship from any other country due to the status of his or her parents, the child is legally entitled to receive citizenship.

Education: Human rights NGOs and others expressed concern that despite the law on compulsory education, some families were able to keep female students home. The Education Reform Initiative, an NGO focusing on education, reported in its Education Monitoring Report for 2017-18 that the government took important positive steps to expand girls’ access to education, including by providing conditional cash transfers to incentivize poor families to continue education for their daughters. According to education union Egitim Sen, based on 2018-19 reporting, the rate for schooling decreased to 91 percent and the rate for girls’ schooling decreased to 91 percent, compared with 99 percent in 2013-14. According to European Statistics Office data, drop-out rates in the country were 34 percent for girls and 31 percent for boys in 2017, an improving trend.

The Organization for Economic Cooperation and Development, in its Education at a Glance report, stated the number of young adults who attained a tertiary education had doubled in the last year, although it noted that nearly half of them did not complete upper secondary education.

Child Abuse: Child abuse was a problem. The law authorizes police and local officials to grant various levels of protection and support services to victims of violence or to those at risk of violence. Nevertheless, children’s rights advocates reported failed implementation. The law requires the government to provide services to victims, such as shelter and temporary financial support, and empowers family courts to impose sanctions on those responsible for the violence.

By law, if the victim of abuse is between the age of 12 and 18, molestation results in a three-to-eight-year prison sentence, sexual abuse in an eight-to-15-year sentence, and rape in a sentence of at least 16 years. If the victim is younger than 12, molestation results in a minimum five-year prison sentence, sexual abuse in a minimum 10-year sentence, and rape in a minimum 18-year sentence.

Government authorities increased attention on the problem of child abuse. According to Ministry of Justice statistics, imprisonment sentences for child sexual abuse in the country increased to 18,000 in 2018. Child rights experts reported that the increased attention on the problem had led to greater awareness and reporting. The women’s NGO We Will Stop Femicides reported that, in just the month of July 2018, there were 433 reported cases of child sexual abuse. According to Ministry of Justice statistics, there were 16,348 child sex abuse cases filed in 2017.

Early and Forced Marriage: The law defines 18 as the minimum age for marriage, although children may marry at 17 with parental permission and at 16 with court approval. The law acknowledges civil and religious marriages, but the latter were not always registered with the state.

NGOs reported children as young as 12 married in unofficial religious ceremonies, particularly in poor and rural regions and among the Syrian population living in the country. The government’s 2018 Demographic and Health Survey showed that 12 percent of Syrian girls in the country married before age 15 and 38 percent married before age 18. Early and forced marriage was particularly prevalent in the southeast, and women’s rights activists reported the problem remained serious. According to the Turkish Statistical Institute, 26 percent of women in the country married before the age of 18, and 10 percent gave birth to their first child before the age of 18. Local NGOs worked to educate and raise awareness among the Turkish and Syrian population in major southeast provinces.

Separately, women’s rights groups stated that forced marriages and bride kidnapping persisted, particularly in rural areas, although it was not as widespread as in previous years.

Sexual Exploitation of Children: The constitution requires the state to take measures to protect children from exploitation. The law criminalizes sexual exploitation of children and mandates a minimum sentence of eight years in prison. The penalty for conviction of encouraging or facilitating child prostitution is up to 10 years’ imprisonment; if violence or pressure is involved, a judge may double the sentence.

The age of consent for sex is 18. The law prohibits producing or disseminating child pornography and stipulates a prison sentence of up to two years as well as a fine for violations.

Incest involving children remained a problem, although prosecutions remained minimal. The law provides prison sentences of up to five years for incest.

Displaced Children: Many women’s and migrant rights NGOs reported that displaced children, mostly Syrian, remained vulnerable to economic and sexual abuse.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

According to the Chief Rabbinate in Istanbul, there were approximately 16,000 Jews living in the country. Some members of the community continued to emigrate or seek to obtain citizenship in a second country, in part due to concerns about anti-Semitism.

Jewish citizens expressed concern regarding anti-Semitism and security threats. On July 31, a video was posted on social media showing children at an apparent summer camp being led in chants calling for death to Jews. Leading individuals in the community denounced the video, which was viewed more than 400,000 times, and expressed concern at such forms of indoctrination and hatred at such a young age. HDP member of parliament Garo Paylan called for an investigation into the incident for possible prosecution under hate crimes statutes. On March 28, an unidentified attacker attempted to throw a Molotov cocktail at the Beth Israel Synagogue in Izmir. The synagogue was not damaged in the attack, and police apprehended and charged a suspect within a few days.

The premiere of the film Cicero generated controversy and condemnation when the scenery for the premiere’s red carpet walk depicted features of a concentration camp, including striped uniforms draped on barbed wire fencing and guard dogs. The local Jewish community, columnists, and AKP lawmakers denounced the display as disgraceful. The filmmakers subsequently apologized.

During the campaign for Istanbul mayor, altered images of opposition CHP candidate Ekrem Imamoglu showing him shaking hands with Israeli prime minister Benjamin Netanyahu and meeting with a group of Orthodox Jews appeared on social media in an effort to discredit him, according to commentators. Disparaging comments and statements calling Imamoglu a friend of Zionism accompanied the images.

In November an IYI party member of parliament made a remark on social media commenting on a government official’s family’s “excessive” display of wealth, posting, “There is a group of people that have become rich due to their undeserved income and live luxuriously, we call them Protestant Muslims.  These people have become Jews, mentally.”  The post received widespread criticism on social media.

In October social media users and media outlets shared photographs of anti-Christian and anti-Semitic posters hung at municipal bus stops in the central Anatolian town of Konya by the local branches of the Anatolian Youth Association and National Youth Foundation. The posters cited a Quranic verse that appeared to advise Muslims not to befriend Christians and Jews. The images also included a crucifix and Star of David with what appeared to be droplets of blood. Social media users from all three faiths criticized the posters as insulting to religious minorities, misrepresenting the message of the Quran, and undermining the dignity of the nation. The private advertising company leasing the billboards said the associations changed the content of the posters before printing them, and the company replaced the images with Turkish flags shortly after the concerns appeared on social media. The Anatolian Youth Association described the situation as a misunderstanding and indicated it was investigating the cause of the incident.

Anti-Semitic rhetoric continued in print media and on social media throughout the year. According to a Hrant Dink Foundation report on hate speech, as of August 31, there were 430 published instances of anti-Jewish rhetoric in the press depicting Jews as violent, conspiratorial, and enemies of the country. A reader’s letter published in Yeni Akit claimed Jewish residents in Istanbul trained street dogs to bite Muslims and repeated historic blood libel anti-Semitic tropes. Some commentators criticized the letter as ridiculous, and former AKP member of parliament Mustafa Yeneroglu denounced its content as “the language of the Nazis,” according to multiple media reports. In some instances officials and party representatives denounced stories with anti-Semitic content on social media.

The government took several positive steps to combat anti-Semitism. On January 24, Ankara University hosted an event to commemorate Holocaust Remembrance Day in collaboration with the Ministry of Foreign Affairs, which also issued a written statement marking the occasion. On February 21, the Istanbul governor’s office hosted a commemoration for the sinking of the Struma and the loss of nearly 800 Jews fleeing Nazi persecution in 1942. In April, September, and December, President Erdogan sent the Jewish community public messages celebrating Passover, Rosh Hashanah, and Hanukkah, respectively, that highlighted religious diversity as part of “the country’s most important wealth that strengthens unity and solidarity.”

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities, but NGOs that advocate for persons with disabilities asserted the government did not enforce the law effectively. In March the Association for Monitoring Equal Rights reported there were serious structural and institutional barriers with respect to access and justice for persons with disabilities, specifically citing accessibility problems as. barriers to voting and holding public office.

The law requires all governmental institutions and businesses to provide persons with disabilities access to public areas and public transportation and allows for the establishment of review commissions and fines for noncompliance. The government made little progress implementing the law, and access in many cities remained limited.

The Ministry of Labor, Social Services, and Family is responsible for protecting persons with disabilities. The ministry maintained social service centers assisting marginalized individuals, including persons with disabilities. The majority of children with disabilities were enrolled in mainstream public schools; others attended special education centers.

The law requires all public schools to accommodate students with disabilities, although activists reported instances of such students being refused admission or encouraged to drop out of school. According to disability activists, a large number of school-age children with disabilities did not receive adequate access to education. According to a June report by the Ministry of Family, Labor, and Social Services, 353,610 students with disabilities were in school, with 257,770 studying in regular schools and the remainder in either state-run or privately owned special education schools or classes. There were more than 12,000 teachers working in special education schools. A Ministry of Labor, Social Services, and Family program allowed individuals with autism to stay in government-run houses and offered state resources to families who were unable to attend to all the needs of their autistic children.

In April the UN Committee on the Rights of the Persons with Disabilities concluded that, while the country ratified the Optional Protocol of the Convention on the Rights of Persons with Disabilities and had achieved progress since the ratification in 2009, concerns persisted regarding the prevalence of medical, charitable, and paternalistic approaches to disability. The association called for greater awareness raising among the public concerning disability rights, establishing more robust complaint mechanisms for persons with disabilities, addressing physical accessibility issues, and responding to allegations of discrimination against the disabled.

On January 9, the government announced the addition of 3,200 citizens with disabilities to the public sector during the year, bringing the total employed in the public sector to 56,500. The private sector employed 124,000 of the two million citizens with disabilities qualified for work. An employment quota implemented in 2014 requires private-sector companies with more than 50 employees to include in its workforce at least 2 percent employees with disabilities. The public-sector requirement is 4 percent. There has been no reporting regarding the implementation of fines for accountability. President Erdogan declared 2020 the “year of accessibility,” with particular focus on mass transit and building entrances.

The constitution provides a single nationality designation for all citizens and does not expressly recognize national, racial, or ethnic minorities except for three non-Muslim minorities: Armenian Apostolic Christians, Jews, and Greek Orthodox Christians. Other national, religious, or ethnic minorities, including Assyrians, Jaferis, Yezidis, Kurds, Arabs, Roma, Circassians, and Laz, were not permitted to exercise their linguistic, religious, and cultural rights fully.

More than 15 million citizens were estimated to be of Kurdish origin and spoke Kurdish dialects. Security force efforts against the PKK disproportionately affected Kurdish communities in rural areas throughout much of the year. Some predominantly Kurdish communities experienced government-imposed curfews, generally in connection with government security operations aimed at clearing areas of PKK terrorists (see section 1.g.).

Kurdish and pro-Kurdish civil society organizations and political parties continued to experience problems exercising freedoms of assembly and association (see section 2.b.). Hundreds of Kurdish civil society organizations and Kurdish-language media outlets closed by government decree in 2016 and 2017 after the coup attempt remained shut. In October the International Crisis Group reported 4,686 persons, including state security personnel, PKK-affiliated militants, civilians, and individuals of unknown affiliation, had been killed in the conflict since mid-2015.

The law allows citizens to open private institutions to provide education in languages and dialects they traditionally use in their daily lives, on the condition that schools are subject to the law and inspected by the Ministry of National Education. Some universities offered elective Kurdish language courses, and two universities had Kurdish language departments, although several instructors in these departments were among the thousands of university personnel fired under official decrees, leaving the programs unstaffed. The law also allows reinstatement of former non-Turkish names of villages and neighborhoods and provides political parties and their members the right to campaign and use promotional material in any language; this right was not protected in practice.

The law restricts the use of languages other than Turkish in government and public services. In June authorities in some districts of Istanbul began enforcing a new regulation that requires 75 percent of signage be in Turkish and removed signs in Arabic. A government-appointed trustee mayor in Siirt removed a multilingual welcome sign in the majority Kurdish city in February. The original sign featured welcome messages in Kurdish, Turkish, and Arabic (using a Latin script). It was replaced with a sign only in Turkish.

On International Mother Language Day, February 21, members of parliament from opposition CHP and HDP parties delivered official remarks in the Laz, Armenian, and Kurdish languages. The official parliamentary record registered only an “x” in place of their respective remarks, and the footnotes indicated only the Turkish language would be recorded.

Although the government officially allows the use of Kurdish in private education and in public discourse, it did not extend permission for Kurdish-language instruction to public education.

An Armenian-language television station, Luys TV, inaugurated its programming by broadcasting Orthodox Christmas services in January. The channel featured news broadcasts, children’s programs, and discussion forums on topical issues for the community, according to media reports.

Romani communities reported being subjected to disproportionate police violence and housing loss due to urban transformation projects that extended into their traditional areas of residence. Members of the Romani community also reported they faced problems with access to education, housing, health care, and employment. Roma reported difficulty in utilizing government offers to subsidize rent on apartments due to discriminatory rental practices. Unofficial estimates indicated more than 90 percent of Roma were unemployed, although many worked in jobs in the informal economy. In line with a national Romani strategy adopted by the cabinet in 2016, the government carried out a number of pilot projects to enhance social inclusion of Romani citizens, including vocational courses offered by the government’s employment agency, IsKur. Roma advocates complained there was little concrete advancement for Roma. They also expressed concern that NGOs closed during the state of emergency that offered literacy courses to Roma remained shut or continued to face severe restrictions.

While the law does not explicitly criminalize LGBTI status or conduct, provisions of law concerning “offenses against public morality,” “protection of the family,” and “unnatural sexual behavior” sometimes served as a basis for abuse by police and discrimination by employers.

Numerous LGBTI organizations reported a continued sense of vulnerability as restrictions on their freedom of speech, assembly, and association continued. During the year the Ankara governor’s office continued its indefinite ban instituted in 2017 on all public LGBTI events in the province, citing public safety concerns,. In April a regional administrative court lifted the ban and rejected the government’s argument that the prohibition was necessary because some individuals might be provoked to violence by LGBTI events. Despite the decision, the Ankara governor’s office did not change its policy on LGBTI events in the capital and continued to block events on an individual basis.

The criminal code does not include specific protections based on sexual orientation or gender identity. The law allows for up to three years in prison for hate speech or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law’s failure to include protections based on gender identity and noted it was sometimes used to restrict freedom of speech and assembly rather than to protect minorities. LGBTI definitions were not included in the law, but authorities reported a general “gender” concept in the constitution provides for protections for LGBTI individuals. KAOS-GL, a local NGO focused on LGBTI rights, maintained that, due to the law’s failure to recognize the existence of LGBTI individuals, authorities did not provide them social protection.

KAOS-GL reported that some LGBTI individuals were unable to access health services or faced discrimination. Some LGBTI individuals reported they believed it necessary to hide their identities, faced mistreatment by health-service providers (in many cases preferring not to request any service), and noted that prejudice against HIV-positive individuals negatively affected perceptions of the LGBTI community.

During the year LGBTI individuals experienced discrimination, intimidation, and violent crimes. Human rights groups reported that police and prosecutors frequently failed to pursue cases of violence against transgender persons or accepted justification for perpetrators’ actions. Police often did not arrest suspects or hold them in pretrial detention, as was common with other defendants. When arrests were made, defendants could claim “unjustifiable provocation” under the penal code and request a reduced sentence. Judges routinely applied the law to reduce the sentences of persons who killed LGBTI individuals. Courts of appeal previously upheld these verdicts based in part on the “immoral nature” of the victim. LGBTI advocates reported that police detained transgender individuals engaged in sex work to extract payoffs and that courts and prosecutors created an environment of impunity for attacks on transgender persons involved in sex work.

The LGBTI advocacy organization KAOS-GL reported that at least 48 LGBTI individuals faced physical assault in 2018. Of those, only nine cases were reported to authorities; prosecutors pursued one criminal case of the nine reported. In March security personnel at a nightclub in Eskisehir first blocked three transgender individuals from entering the facility, then assaulted the group while a police officer watched and failed to intervene, according to a KAOS-GL report. In May a transsexual woman in Antalya was killed, reportedly due to her identity. The alleged perpetrator was subsequently arrested, and a trial was underway at year’s end. In October two LGBTI individuals were verbally and physically assaulted on a public bus in Antalya. According to activists, the perpetrators justified their actions to police using homophobic insults.

In April a transwoman reported that she was stopped on the street by police officers requesting she provide identification. After inspecting her identity card, police asked her, “Aren’t you ashamed? You are a man, why do you dress like a woman?”; when she tried to record their remarks, police used pepper spray before beating her and bringing her to the police station. After contacting a local LGBTI organization, the woman was released to a hospital. Police charged her with “insult” and resisting the officer on duty.

For the fifth consecutive year, the governor’s office banned Istanbul’s Pride March, citing public safety concerns. Despite the ban and heavy police presence, several hundred activists and supporters took part in the event. Police used tear gas and rubber bullets to break up crowds and prevent participants from entering areas in and around Taksim Square, briefly detaining five participants. Organizers did not hold a transgender march again during the year due to security concerns. Independent activists also reported police presence at all events during the week leading up to the pride march, which they interpreted as an intimidation tactic.

In addition to Istanbul, authorities prohibited pride marches from taking place in Ankara, Antalya, Izmir, Gaziantep, and Mersin. Local and international human rights groups widely criticized the decisions as violations of the freedom of assembly and freedom of expression. Events took place in most cities despite the bans and resulted in police interventions breaking up the marches.

In August Istanbul police blocked the “Queer Olympix” sporting event scheduled to take place in Istanbul with more than 130 athletes expecting to take part. Organizers reported on social media that authorities justified their action as “a precaution against provocations that may occur due to social sensitivities.” A review of media coverage of LGBTI issues by KAOS-GL, released in April, concluded that half of all stories contained hate speech and discriminatory language.

Some LGBTI groups reported harassment by police, government, and university authorities. University groups complained that rectors denied them permission to organize, and some indicated they faced administrative investigations or other sanctions for participating in events. In May students at the Middle East Technical University organized a pride march over the objections of the university administration. Police detained 22 individuals while breaking up the event using pepper spray, plastic bullets, and tear gas. Organizers reported that 10 of those detained were later stripped of scholarships and educational loans. Civil rights defenders criticized the subsequent indictment of 19 participants as legal harassment of the LGBTI community.

LGBTI organizations reported the government used regular and detailed audits against them to create administrative burdens and threatened the possibility of large fines.

Multiple sources reported discrimination in housing, since landlords refused to rent to LGBTI individuals or charged significantly higher prices.

Many persons with HIV/AIDS reported discrimination in access to employment, housing, public services, benefits, and health care. Rights organizations noted that the country lacked sufficient laws protecting persons with HIV/AIDS from discrimination and that there were legal obstacles to anonymous HIV testing. Due to pervasive social stigma against persons with HIV/AIDS, many individuals avoided testing for HIV due to fear the results would be used against them. In December, on World AIDS Day, the Positive Solidarity organization released a statement saying that 49 percent of the persons with HIV were not aware of their HIV status. They assessed that although access to diagnosis and treatment of HIV was readily available, persons avoided being tested due to concerns about social prejudices, stigmatization, and discrimination. In July a teacher was dismissed following the disclosure of his HIV-positive status to his employer by his workplace physician. The individual’s lawyer argued the information should have remained confidential and should not serve as a justification for dismissal. A lawsuit initiated by the dismissed employee continued at year’s end.

The government launched an HIV/AIDS control program to raise awareness and combat risk factors. The government also implemented HIV/AIDS education into the national education curriculum.

Alevis and Christians, including Armenian Apostolics, remained the subject of hate speech and discrimination. The term “Armenian” remained a common slur. Attacks on minority places of worship were rare.

According to the Hrant Dink Foundation’s Media Watch on Hate Speech Report, an analysis of national and local newspapers between January 1 and August 31 found 2,635 instances of published hate speech that targeted national, ethnic, and religious groups. The most-targeted groups were Syrians, Greeks, Jews, and Armenians.

Atheists also remained the subject of intimidation in progovernment media, albeit at a lower level relative to other religious minorities.

Conditional refugees and displaced Syrians under temporary protection also faced increased societal discrimination and violence during the year (see section 2.d.).

Ukraine

Read A Section: Ukraine

Crimea

Note: Except where otherwise noted, references in this report do not include areas controlled by Russia-led forces in the Donbas region of eastern Ukraine or Russian-occupied Crimea. At the end of this report is a section listing abuses in Russian-occupied Crimea.

Executive Summary

Ukraine is a republic with a semipresidential political system composed of three branches of government: a unicameral legislature (Verkhovna Rada); an executive led by a directly elected president who is head of state and commander in chief, and a prime minister who is chosen through a legislative majority and as head of government leads the Cabinet of Ministers; and a judiciary. On April 21, Volodymyr Zelenskyy was elected president in an election considered free and fair by international and domestic observers. On July 21, the country held early parliamentary elections that observers also considered free and fair.

The Ministry of Internal Affairs is responsible for maintaining internal security and order. The ministry oversees police and other law enforcement personnel. The Security Service of Ukraine (SBU) is responsible for state security broadly defined, nonmilitary intelligence, and counterintelligence and counterterrorism matters. The Ministry of Internal Affairs reports to the Cabinet of Ministers, and the SBU reports directly to the president. The Ministry of Defense protects the country against foreign and domestic aggression, ensures sovereignty and the integrity of national borders, and exercises control over the activities of the armed forces in compliance with the law. The president is the supreme commander in chief of the armed forces. The Ministry of Defense reports directly to the president. The State Fiscal Tax Service exercises law enforcement powers through the tax police and reports to the Cabinet of Ministers. The State Migration Service under the Ministry of Internal Affairs implements state policy regarding border security, migration, citizenship, and registration of refugees and other migrants. Civilian authorities generally maintained effective control over security forces in the territory controlled by the government.

Significant human rights issues included: unlawful or arbitrary killings; torture and other abuse of detainees by law enforcement personnel; harsh and life-threatening conditions in prisons and detention centers; arbitrary arrest and detention; substantial problems with the independence of the judiciary; restrictions on freedom of expression, the press, and the internet, including violence against journalists, censorship, and blocking of websites; refoulement; widespread government corruption; and crimes involving violence or threat of violence targeting persons with disabilities, ethnic minorities, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

The government generally failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity. Human rights groups and the United Nations noted significant deficiencies in investigations into alleged human rights abuses committed by government security forces.

In the Russia-induced and -fueled conflict in the Donbas region, Russia-led forces reportedly engaged in killings of civilians; forced disappearances and abductions; torture; unlawful detentions; and committed gender-based violence. Other egregious human right issues in the areas controlled by Russia-led forces included harsh and life-threatening prison and detention center conditions; political prisoners; the absence of judicial independence; severe restrictions on freedom of expression, the press, and the internet; restrictions on the rights of peaceful assembly, freedom of association, and religious freedom; restrictions on freedom of movement across the line of contact in eastern Ukraine; and unduly restricted humanitarian aid.

Significant human rights issues in Russia-occupied Crimea included: abductions; torture and abuse of detainees to extract confessions and punish persons resisting the occupation; unlawful detention; significant problems with the independence of the judiciary; restrictions on free expression, the press, and the internet, including for members of the press; restrictions on the rights of peaceful assembly and freedom of association and religion. Occupation authorities in Crimea continued to engage in violence against and harassment of Crimean Tatars and pro-Ukrainian activists in response to peaceful opposition to Russian occupation (see Crimea sub-report).

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

In the Donbas region, Russia-led forces suppressed freedom of speech and the press through harassment, intimidation, abductions, and assaults on journalists and media outlets. They also prevented the transmission of Ukrainian and independent television and radio programming in areas under their control.

Freedom of Expression: With some exceptions, individuals in areas under government control could generally criticize the government publicly and privately and discuss matters of public interest without fear of official reprisal.

The law criminalizes the display of communist and Nazi symbols as well as the manufacture or promotion of the St. George’s ribbon, a symbol associated with Russia-led forces in the Donbas region. On July 16, the country’s constitutional court upheld the ban on displaying communist and Nazi symbols. During the May 9 celebration of World War II Victory Day, police issued 27 administrative offense citations in Odesa, Mykolaiv, Luhansk, Zaporizhzhia, and Donetsk Oblasts and detained several individuals in Kyiv, Kryvy Rih, Lviv, and Odesa for carrying banned Soviet symbols.

On October 10, a court in Kryvy Rih convicted a local resident of wearing a T-shirt with the state symbol of the USSR in a public place. The man reportedly wore the shirt at a local shopping center on June 14. He was given a one-year suspended sentence and another year of probation.

The law prohibits statements that threaten the country’s territorial integrity, promote war, instigate racial or religious conflict, or support Russian aggression against the country, and the government prosecuted individuals under these laws (see “Censorship” and “National Security”).

Press and Media, Including Online Media: The NGO Freedom House rated the country’s press as “partly free.” Independent media and internet news sites were active and expressed a wide range of views. Privately owned media, the most successful of which were owned by influential oligarchs, often presented readers and viewers a “biased pluralism,” representing the views of their owners, favorable coverage of their allies, and criticism of political and business rivals. The 10 most popular television stations were owned by businessmen whose primary business was not in media. Independent media had difficulty competing with major outlets that operated with oligarchic subsidies.

There were reports of continuing state pressure on the National Public Broadcasting Company (UA:PBC), created as a result of a 2014 law to provide an independent publicly funded alternative to oligarch-controlled television channels. On January 31, the supervisory board of UA:PBC announced the removal of the channel’s director, Zurab Alasania. Observers alleged the decision was made because the channel broadcast anticorruption investigations in the pre-electoral period that had been unflattering to then president Petro Poroshenko. According to press reports, the supervisory board’s initial draft decision cited the channel’s failure to cover events favorable to Poroshenko, but the final decision did not contain this language and instead alleged financial mismanagement. Following public outcry, the board announced Alasania would remain in place until May 6. Alasania challenged the board’s decision in court, and on June 19, a Kyiv court ruled the board’s decision was illegal. Alasania was reinstated in his position on July 1. On August 30, the SBI and SBU jointly raided the premises of UA:PBC, several of its regional affiliates, and the home of Alasania, apparently in connection with the allegations of financial mismanagement. The OSCE high representative on freedom of the media expressed concern about the raids and the potential impact of “any pressure on the independence of public media.” “Jeansa”–the practice of planting one-sided or favorable news coverage paid for by politicians or oligarchs–continued to be widespread. Monitoring by the IMI of national print and online media for jeansa indicated a wide range of actors ordered political jeansa, including political parties, politicians, oblast governments, and oligarchs. The IMI recorded a 22 percent increase of jeansa in the national online media before the parliamentary elections in 13 popular internet media outlets.

“Jeansa”–the practice of planting one-sided or favorable news coverage paid for by politicians or oligarchs–continued to be widespread. Monitoring by the IMI of national print and online media for jeansa indicated a wide range of actors ordered political jeansa, including political parties, politicians, oblast governments, and oligarchs. The IMI recorded a 22 percent increase of jeansa in the national online media before the parliamentary elections in 13 popular internet media outlets.

Violence and Harassment: Violence against journalists remained a problem. Human rights groups and journalists criticized what they saw as government inaction in solving the crimes as giving rise to a culture of impunity.

According to the IMI, as of September 1, there had been 20 reports of attacks on journalists, including one killing during the year, compared with 22 cases and no killings during the same period in 2018. As in 2018, private, rather than state, actors perpetrated the majority of the attacks. As of September 1, there were 33 incidents involving threats against journalists, as compared with 24 during the same period in 2018. The IMI and editors of major independent news outlets also noted online harassment of journalists by societal actors, reflecting a growing societal intolerance of reporting deemed insufficiently patriotic, a development they asserted had the tacit support of the government.

There were multiple reports of attacks on journalists by government officials. For example, according to the Committee to Protect Journalists, on March 6, officials in the village of Chabany near Kyiv attacked Radio Liberty investigative reporter Kateryna Kaplyuk and cameraman Borys Trotsenko, leaving Trotsenko with a concussion and breaking his camera. The journalists were attempting to interview a village official for an investigation into allegations that officials were allocating state lands for private use, when a group of people that included two deputy mayors of the village, Yuriy Bondar and Volodymyr Chuprin, began shoving and punching them. They filed a police report, and police began an investigation, but no charges had been brought as of November.

There were reports of attacks on journalists by nongovernment actors. For example, according to the Committee to Protect Journalists, on August 30 in Chernihiv, two unidentified individuals attacked blogger Ihor Stakh. Stakh was later treated for a concussion and required stitches for a cut on his face. The National Union of Journalists made statements indicating its belief that the attack was in retaliation for Stakh’s reporting on local corruption. Stakh reported receiving threats before the attack. Police opened an investigation but as of November had made no arrests.

On July 13, according to press reports, an unknown attacker fired a rocket-propelled grenade at the Kyiv office of pro-Russian television news broadcaster 112 Ukraine, damaging the building but causing no injuries. Police opened an investigation, but no arrests had been made as of October.

There were allegations that the government prosecuted journalists in retaliation for their work (see section 1.e.).

There were reports that government officials sought to pressure journalists through the judicial system, often to reveal their sources in investigations. For example, on February 4, the Pechersk District Court granted the Prosecutor General’s Office access to internal documents and email correspondence of the independent news outlet Novoye Vremya. Prosecutors were seeking to identify a source who spoke to the Novoye Vremya for a 2016 story revealing corruption by a high-ranking prosecutor, alleging that the source violated investigatory secrecy rules.

Journalists received threats in connection with their reporting. For example, according to the Institute for Mass Information, on September 10, journalists of the Chesno civic movement alleged that Member of Parliament Oleksandr Kovalev threatened them in response to news published on their website describing Kovalev’s illegal proxy voting on behalf of other members of parliament. The journalists filed a complaint with law enforcement authorities.

On December 12, police arrested five suspects in the 2016 killing of well-known Belarusian-Russian journalist Pavel Sheremet (see section 1.a.).

Censorship or Content Restrictions: Human rights organizations frequently criticized the government for taking an overly broad approach to banning books, television shows, websites, and other content (see subsections on National Security and Internet Freedom).

The State Committee on Television and Radio Broadcasting (Derzhkomteleradio) maintained a list of banned books seen to be aimed at undermining the country’s independence, spreading propaganda of violence, inciting interethnic, racial, religious hostility, promoting terrorist attacks, or encroaching on human rights and freedoms. As of July the list contained 211 titles.

Both independent and state-owned media periodically engaged in self-censorship when reporting stories that might expose political allies to criticism or might be perceived by the public as insufficiently patriotic or provide information that could be used for Russian propaganda.

Libel/Slander Laws: Libel is a civil offense. While the law limits the monetary damages a plaintiff can claim in a lawsuit, local media observers continued to express concern over high monetary damages awarded for alleged libel. Government entities, and public figures in particular, used the threat of civil suits, sometimes based on alleged damage to a person’s “honor and integrity,” to influence or intimidate the press and investigative journalists.

For example, on August 20, the head of the Presidential Administration, Andriy Bohdan, filed a libel lawsuit against the investigative journalism program Skhemy (Schemes), a joint program by Radio Free Europe/Radio Liberty and UA:PBC. Bohdan clarified on August 23 that he was suing over Schemes’ reports about his repeated travel to visit oligarch Ihor Kolomoiskyy abroad, which he asserted were false.

National Security: In the context of the continuing conventional conflict in the Donbas, as well as continuing Russian disinformation and cyber campaigns, authorities took measures to prohibit, regulate, and occasionally censor information deemed a national security threat, particularly those emanating from Russia and promoting pro-Russian lines.

The government continued the practice of banning specific works by Russian actors, film directors, and singers, as well as imposing sanctions on pro-Russian journalists. According to the State Film Agency, as of mid-September approximately 800 films and television shows had been banned on national security grounds since 2014. In response to Russia’s continued barrage of cyberattacks and disinformation as part of its efforts to destabilize Ukraine, the government maintained its ban on the operations of almost 600 companies and 1,228 persons that allegedly posed a “threat to information and the cyber security of the state.” Among them were two widely used social networks based in Russia and major Russian television channels as well as smaller Russian channels that operated independently of state control.

There were reports that the government used noncompliance with national security-related content bans to pressure outlets perceived as having a pro-Russian editorial policy. For example, on February 7, the National Council on Television and Radio Broadcast imposed a fine on NewsOne TV, a channel owned by associates of Russian-backed Ukrainian politician Viktor Medvedchuk, for alleged “hate speech and propaganda promoting conflict and national hatred.” According to the National Council, monitoring of NewsOne TV broadcasts from late 2018 to early 2019 revealed “calls for aggressive actions, incitement of national, racial, or religious hatred, and justification of aggression against the territorial integrity” of Ukraine. On July 8, NewsOne announced that it had cancelled a planned July 12 joint live television program with the state-owned Russian television channel Rossiya 24, which is banned in the country, because of threats of violence. The proposed program, announced the day before on Russian state-owned television, was to be called We Have to Talk and would have linked up two studios in Kyiv and Moscow for a purportedly “apolitical” discussion between “everyday people” in the two countries the week ahead of parliamentary elections. The program’s announcement sparked public outrage, a protest outside NewsOne’s offices, and widespread condemnation from officials. On July 8, the prosecutor general called the program “attempted treason” and announced that NewsOne’s leadership had been called in for interrogation, while the SBU issued a warning letter to NewsOne. The National Security and Defense Council convened to discuss the program on July 8, after which the council’s head stated: “State bodies, including the SBU and National Police have received a number of orders, including in regards to defending the information space. Additional details cannot be revealed because of secrecy.” On July 10, the prosecutor general announced that a criminal case had been opened against NewsOne’s owner, Member of Parliament Taras Kozak, for “financing terrorism.” On July 9, Derzhkomteleradio announced it would hold an unscheduled inspection of NewsOne, which it conducted on July 24. On September 10, Derzhkomteleradio filed a lawsuit in a Kyiv district court seeking the revocation of the license, based upon its “incitement to hatred in Ukrainian society.”

On September 26, Derzhkomteleradio ruled that five affiliated media companies of pro-Russian Channel 112 TV violated their license conditions by changing their program concepts without required approvals. As a result of the decision, Channel 112 TV could not be broadcast by digital terrestrial signal in the country, but it was still available on satellite and cable networks. The OSCE representative on freedom of the media expressed concern about the decision, while a coalition of independent Ukrainian media watchdogs issued a statement of support of Derzhkomteleradio’s decision.

On August 19, the Supreme Court upheld a 2018 ban by the Lviv Oblast Council on all Russian-language books, films, and songs, in order to combat “hybrid warfare” by Russia. The Zhytomyr and Ternopil Oblast Councils mirrored this measure on October 25 and November 6, respectively, in 2018. There were no reported attempts at enforcing these bans.

Media professionals continued to experience pressure from the SBU, the military, and other officials when reporting on sensitive issues, such as military losses. For example, on November 6, the Joint Forces Operation (JFO) headquarters refused to accredit photo correspondent Maks Levin because of his reporting from the area of disengagement near Zolote, which the headquarters claimed violated the rules on reporting in the area of JFO in unspecified ways.

Authorities continued to deport and bar entry to foreign journalists on national security grounds. For example, on March 24, the State Border Service denied entry to Marc Innaro, a Moscow correspondent of the Italian public service broadcaster RAI and his colleague, a cameraman, claiming he “frequently engaged in anti-Ukrainian rhetoric in his reports.”

Nongovernmental Impact: There were reports that radical groups committed attacks on journalists. For example, according to press reports, on July 30, approximately a dozen members of the radical group Tradition and Order broke down the door of the state-run Ukrinform news agency in Kyiv and disrupted a press conference by parliamentary candidates who were alleging fraud in the July parliamentary election. They attacked and injured three Ukrinform staff members and poured water and threw eggs around the room. Police opened a criminal investigation into the incident, but as of November no arrests had been made.

The ability to exercise freedom of expression reportedly remained extremely limited in territory controlled by the “DPR” and “LPR.” Based on HRMMU media monitoring, critical independent media on the territory controlled by Russia-led forces was nonexistent. According to CyberLab Ukraine, an independent digital forensic analysis organization, the authorities in the “LPR” blocked more than 50 Ukrainian news outlets.

The HRMMU reported that journalists entering Russia-controlled territory of the “DPR” had to inform the “press center” of the “ministry of defense” about their activities on a daily basis, were arbitrarily required to show video footage at checkpoints, and were accompanied by members of armed groups when travelling close to the contact line.

On October 22, press outlets reported that a “court” in the “DPR” convicted journalist Stanislav Aseyev of espionage on behalf of Ukraine and sentenced him to 15 years in prison. Human rights defenders maintained that the charges were baseless and brought in retaliation for his independent reporting on events in territory controlled by Russia-led forces. Aseyev was released December 29 as part of a Ukraine-Russia prisoner and detainee exchange.

Law enforcement bodies monitored the internet, at times without appropriate legal authority, and took significant steps during the year to block access to websites based on “national security concerns.”

On March 19, then president Poroshenko endorsed new sanctions approved by the National Security and Defense Council that, among other things, extended sanctions on the Russian company Yandex and its services until 2022. Ukrainian internet providers continued to block websites at government demand based on national security concerns. On February 11, the SBU announced that it intended to block 100 websites that promote Russian interests in the country. As of October, 240 sites were blocked in the country. According to monitoring by CyberLab Ukraine, internet service-provider compliance with the government’s orders to block sites varied greatly. On July 22, the National Security and Defense Council announced it would continue the policy of blocking Russian social networks.

On September 30, a district administrative court in Kyiv dismissed a lawsuit brought by the For Free Net Ukraine Coalition against the Ministry of Information Policy, asking it to disclose the government’s criteria and methodology when creating its lists of internet resources to be banned on national security grounds.

Free speech advocates expressed concern that courts began to block access to websites on grounds other than national security. For example, on July 23, a Kyiv court ruled to block access to 18 websites, including blogging platform enigma.ua, at the request of the Kyiv Oblast prosecutor’s office on vague grounds related to violations of intellectual property rights. The owner of enigma.ua stated that he believed the blocking of his site was in retaliation for its publication of material critical of the country’s security services.

There were reports of the disclosure of personally identifiable information of persons to penalize expression of opinions. Between October 31 and November 5, Andriy Portnov, a former lawmaker and deputy head of former president Viktor Yanukovych’s administration, released personally identifying information of editorial and staff members of the anticorruption television program Schemes, as well as the registration data on 16 vehicles used by staff members of the program, on his Telegram messaging channel. In a November 5 message, Portnov invited anyone who comes across these vehicles to “give a stiff rebuff” to the drivers; he also suggested on October 31 that a driver whose personal data he disclosed was also under surveillance and could be exposed to physical harm. Portnov’s actions were apparently in response to an investigation by Schemes into his relationships with officials currently in the government.

The Myrotvorets (peacemaker) database, which published the personally identifying information of individuals it deemed to be “anti-Ukrainian” online and which reportedly maintained close ties to the country’s security services, published the personal data of journalists and public figures who had been critical of the country’s security services or had made other statements the site considered unpatriotic. On December 10, the database announced it was shutting down its servers to public access, but it noted some officials would continue to have access.

There were reports of cyberattacks on journalists who reported on corruption. For example, according to the Institute for Mass Information, for several weeks in February and March, journalists with the investigative anticorruption television program Schemes reported repeated attempts to hack their social network and messenger accounts.

Human rights groups and journalists who were critical of Russian involvement in the Donbas region and the occupation of Crimea reported their websites were subjected to cyberattacks, such as coordinated denial of service incidents and unauthorized attempts to obtain information from computers, as well as coordinated campaigns of “trolling” and harassment on social media.

In its annual Freedom on the Net report published in November, Freedom House concluded that internet freedom had improved very slightly after two years of decline. It noted in particular that “the online information landscape is partly censored, with the government blocking Russian and proxy websites, and the Russia-led forces blocking Ukrainian websites in the areas under their control. Implementation of these blocks, however, was lax on both sides, and the digital environment is otherwise vibrant, despite efforts by political actors to manipulate debates through disinformation and paid content. These efforts intensified ahead of the presidential election, held in March and April. Arrests of users were commonplace, primarily as an extension of continuing hostilities between the government in Kyiv and Russian-led forces, as were attacks against online journalists. Adding to these challenges, persistent cyberattacks continued to constrain internet freedom.”

There were reports that the government prosecuted individuals for their posts on social media. For example, according to press reports, on April 16, the SBU searched the home of a man in Odesa, whom they alleged had written posts supporting Russia-led forces in eastern Ukraine on social media, and seized computer equipment, mobile devices, and material with banned communist symbols. He was charged with “encroachment on territorial integrity.”

There were reports the government investigated academic personnel for their research. For example, according to the Kharkiv Human Rights Protection Group, on April 24, the Lviv regional branch of the SBU announced a check into what it called a “provocative survey” by the respected research institute Kyiv International Institute of Sociology. The opinion poll was commissioned by the independent media outlet Dzherkalo Tyzhnya and included a question that asked residents of “Galicia,” a historical region that spans parts of current Ukraine and Poland, how they viewed the fate of their region after the presidential elections. One of the possible answers was “Galicia should join Poland,” which the SBU viewed as a possible “call to violate Ukraine’s territorial integrity.”

The government maintained a list of Russian or pro-Russian musicians, actors, and other cultural figures that it prohibited from entering the country on national security grounds.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

The constitution provides for the freedom of peaceful assembly, and the government generally respected this right. There are no laws, however, regulating the process of organizing and conducting events to provide for the right, and authorities have wide discretion under a Soviet-era directive to grant or refuse permission for assemblies on grounds of protecting public order and safety. Organizers are required to inform authorities in advance of demonstrations.

During the year citizens generally exercised the right to assemble peacefully without restriction in areas of the country under government control. There were occasional reports of police using excessive force to disperse a protest. On February 9, police clashed with demonstrators, including members of violent radical group C14 and activists from the “Who Ordered Katya Handziuk” civic initiative, in Kyiv protesting at a rally by the Batkyvshchyna political party held because the one of the party’s members was allegedly complicit in the 2018 high-profile killing of activist Kateryna Handziuk (see section 1.a.). Police beat demonstrators, sprayed tear gas, and detained approximately a dozen persons. At the police station, the detained individuals were met by a crowd of supporters, who allegedly attempted to storm the station and attacked and used tear gas against police. Police reported that three officers were injured and hospitalized. An investigation into the actions of both police and the demonstrators continued as of September.

Large-scale LGBTI events including pride marches in Kyiv, Odesa, and Kharkiv took place in largely peaceful manner, protected by thousands of police officers. Police at times did not adequately protect participants from attack before or after these events, and they did not adequately protect smaller demonstrations, especially those organized by persons belonging to minority groups or opposition political movements. For example, according to press reports, organizers of a pride festival in the city of Kriviy Rih cancelled a planned march on July 24, citing the inability of police to guarantee the event’s security around the time of parliamentary elections. On December 24, the Rivne City Council voted to ban the holding of pride marches.

Events organized by women’s rights activists or the LGBTI community were regularly disrupted by members of violent radical groups. For example, on May 8, a group of approximately 10 members of C14 disrupted the gender issues festival Find the Balance in Kryvy Rih, occupying the premises shortly before the beginning of the event, putting up homophobic posters, and insulting the organizers. Police investigated the incident under hooliganism-related charges.

In Russia-controlled territory, the HRMMU observed the absence of free and peaceful assembly and noted, “such a restrictive environment, where dissenting opinions may trigger retaliation, has a long-lasting chilling effect on the population.” The HRMMU also noted the only demonstrations permitted in these areas were ones in support of local “authorities,” often apparently organized by Russia-led forces with forced public participation.

The constitution and law provide for freedom of association, and the government generally respected this right.

In June the Constitutional Court invalidated a much-criticized law requiring assets to be reported for civil society organizations and journalists working on anticorruption matters.

Human rights organizations reported a decrease of attacks on activists following a spike in attacks in 2018 (37 attacks during the year, down from 66 in 2018). Some civil society organizations, however, saw the decrease in reported attacks as underreporting by civic activists opting not to submit complaints because they viewed it as a futile gesture that might invite further persecution. International and domestic human rights NGOs remained concerned about the lack of accountability for attacks on members of civil society organizations, which they believed had created a climate of impunity.

There were reports government targeted activists for raids, arrests, or prosecution in retaliation for their professional activity. For example, according to the Kharkiv Human Rights Protection Group, on October 4, police raided the home of human rights activist Oleh Tsvily, the head of the NGO Alliance for Ukrainian Unity. They handcuffed him near his apartment and allegedly intentionally banged his head against the steps while bringing him up to his apartment. Police raided his apartment, seized his computer and other devices containing information, but did not arrest Tsvily. Tsvily’s lawyer maintained that law enforcement officials had no court warrant for the search. During the raid police claimed they were investigating Tsvily for purportedly selling drugs on the internet. Tsvily maintained the search and attack was in retaliation for his work exposing torture and abuse in the penitentiary system. A former head of the State Penitentiary Service posted a video of Tsvily’s arrest on his Facebook page with a comment calling Tsvily and other human rights activists “animals” and predicting that Tsvily would be sent to prison for selling drugs.

There were reports that unknown actors made death threats against activists because of their work. For example, according to the Kharkiv Human Rights Protection Group, on August 26, unknown persons in Chuhuiv, Kharkiv Region left a coffin, funeral wreath with his name, a note, and an axe wedged into the door of the home of Roman Likhachov, a lawyer and head of the Chuhuiv Human Rights Group. The note read, “if you don’t stop doing stupid things, the next [axe] will be in your head.” Likhachov believed the threats to be linked with his work with a network of anticorruption centers investigating local tax evasion schemes in Chuhuiv involving local authorities and law enforcement as well as the sale of alcohol without a license in a local cafe owned by a city council member.

According to the HRMMU, in the territories controlled by Russia-led forces, domestic and international civil society organizations, including human rights defenders, could not operate freely. Residents informed the HRMMU they were being prosecuted (or feared being prosecuted) by the “ministry of state security” for their pro-Ukrainian views or previous affiliation with Ukrainian NGOs. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation. The HRMMU also noted civil society organizations run by Russia-led forces, which appeared to require certain persons, such as public-sector employees, to join.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The constitution and law provide citizens with freedom of internal movement, foreign travel, emigration, and repatriation. The government, however, restricted these rights, particularly in the eastern part of the country near the zone of conflict.

In-country Movement: The government and Russia-led forces strictly controlled movement between government-controlled areas and territories in the Donbas region controlled by Russia-led forces. Crossing the line of contact remained arduous. On July 17, the government adopted new regulations establishing a list of goods prohibited for transfer across the line of contact to replace the list of goods allowed for transfer, thereby providing more flexibility for people to bring items across the line from both sides. Public passenger transportation remained prohibited; private transportation was available at high prices and was generally unaffordable for the majority of people crossing.

Although five crossing points existed, only four were in operation for much of the year. According to the HRMMU, between May and August, an average of 39,000 individuals crossed the line daily. The HRMMU reported that individuals crossing the line of contact, predominantly the elderly and persons with medical issues, had to spend several hours standing in line. The government required those seeking to cross into government-controlled territory to obtain a pass. The pass system imposed significant hardships on persons crossing into government-controlled territory, in particular those seeking to receive pensions and government benefits, not distributed in the territory controlled by Russia-led forces. The government attempted to reform a pass system involving an online application process to control movement into government-controlled territory. All passes issued after March 28 had no expiration date, but the measure did little to improve ease of movement across the contact line since many persons in Russia-controlled territory did not have access to the internet to obtain such passes.

Russia-led forces continued to hinder freedom of movement in the eastern part of the country.

The government and Russian occupation authorities subjected individuals crossing between Russian-occupied Crimea and the mainland to strict passport controls at the administrative boundary between Kherson Oblast and Crimea. Authorities prohibited rail and commercial bus service across the administrative boundary, requiring persons either to cross on foot or by private vehicle. Civil society, journalists, and independent defense lawyers reported that the government made efforts to ease requirements for entering Crimea, improving previously lengthy processes to obtain required permissions that hindered their ability to document and address abuses taking place there.

According to the Ministry of Social Policy, as of late September more than 1.4 million persons were registered IDPs due to Russia’s aggression in eastern Ukraine and its occupation of Crimea. Some NGOs and international organizations estimated the number to be lower, since some persons returned to their homes after registering as IDPs, while others registered while still living in the conflict zone. The largest number of IDPs resided in areas immediately adjoining the conflict zones, in government-controlled areas of Donetsk and Luhansk Oblasts as well as Kharkiv, Dnipropetrovsk, and Zaporizhzhia Oblasts and Kyiv. Many resided in areas close to the line of contact in the hope they would be able to return home.

The government granted social entitlements only to persons who had registered as IDPs. Local departments of the Ministry of Social Policy regularly suspended payment of pensions and benefits to IDPs pending verification of their physical presence in government-controlled territories, ostensibly to combat fraud, requiring recipients to go through a burdensome reinstatement process.

According to the HRMMU, the government applied the IDP verification procedure broadly. The suspensions affected the majority of IDP residents in government-controlled territory as well as most residents of Russia-controlled areas; effects were especially acute for the elderly and disabled, whose limited mobility hindered their ability to verify whether they were included in the lists or to prove their residency. The government often suspended payments without notification, and IDPs reported problems having them reinstated.

Humanitarian aid groups had good access to areas under government control.

IDPs were unable to vote in local elections and for single-mandate district seats in parliamentary elections unless they changed their registration to their new residence.

According to the HRMMU, IDP integration remained impeded by the lack of a government strategy and the absence of allocation of financial resources, leading to IDPs’ economic and social marginalization. UN agencies reported the influx of IDPs led to tensions arising from competition for scarce resources.

NGOs reported employment discrimination against IDPs. IDPs continued to have difficulty obtaining education, medical care, and necessary documents. According to the law, the government should provide IDPs with housing, but authorities did not take effective steps to do so. A shortage of employment opportunities and the generally weak economy particularly affected IDPs, forcing many to live in inadequate housing, such as collective centers and temporary accommodations. Other IDPs stayed with host families, volunteers, and in private accommodations, although affordable private accommodations were often in poor condition. Some IDPs, particularly those in government-controlled areas of Donetsk and Luhansk Oblasts, lacked sufficient sanitation, shelter, and access to potable water.

Romani activists expressed concern that some Roma could not afford to flee conflict areas, while others had no choice but to leave their homes.

Media reports indicated that banks continued to restrict services for Crimean IDPs even after a court ruling that they should be considered residents of the country.

Abuse of Migrants, Refugees, and Stateless Persons: Authorities frequently detained asylum seekers for extended periods without court approval.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. International and domestic organizations reported the system for protecting asylum seekers, stateless persons, and other persons of concern did not operate effectively.

Refoulement: There were reports that the government did not provide for protection against the expulsion or return of some asylum seekers to a country where there was reason to believe their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. There were also allegations that officials deported some individuals to countries where they were at risk of imprisonment without providing an opportunity for them to apply for asylum. For example, on December 12, Azerbaijani blogger Elvin Isayev was removed from Ukraine to Azerbaijan for allegedly violating migration laws. On September 10, before Isayev arrived in Ukraine, the ECHR invoked Rule 39 halting extradition of Isayev from Russia to Azerbaijan after his Russian citizenship had been revoked.

According to the Kharkiv Human Rights Protection Group, on June 18, the SBU in Kyiv detained Belarussian anarchist Aleksandr Frantskevich when he came to the State Migration Service to extend his permanent residence permit. Frantskevich, who had lived in Kyiv since 2015, was considered by human rights groups to be a former Belarusian political prisoner. SBU officers reportedly forced him into a van, beat and strangled him, and took him to the border with Belarus, where they handed him a document saying that his activities, which were unspecified, were in conflict with the interests of Ukraine’s national security, sovereignty, territorial integrity, and constitutional order, and that he was banned from the country for three years.

Access to Asylum: The law provides for asylum or refugee status, and the government has established a legal system to protect refugees. Protection for refugees and asylum seekers was insufficient due to gaps in the law and the system of implementation. According to the State Migration Service, the number of refugees and asylum seekers has decreased. The country is a transit and destination country for asylum seekers and refugees, principally from Afghanistan, the Russian Federation, Bangladesh, Syria, and Iraq.

Human rights groups noted that the refugee law falls short of international standards due to its restrictive definition of a refugee. The law permits authorities to reject many asylum applications without a thorough case assessment. In other instances government officials declined to accept initial asylum applications without a legal basis, leaving asylum seekers without documentation and vulnerable to frequent police stops, fines, detention, and exploitation. Asylum seekers in detention centers were sometimes unable to apply for refugee status within the prescribed time limits and had limited access to legal and other assistance. Asylum seekers have five days to appeal an order of detention or deportation.

A lack of access to qualified interpreters also hampered the full range of asylum procedures. International observers noted the government did not provide resources for interpreters, which created opportunities for corruption and undermined the fairness of asylum application procedures.

Employment: Refugees frequently have a hard time finding employment due to lack of qualifications and language proficiency. Some worked illegally, increasing the risk of exploitation.

Access to Basic Services: The national plan on the integration of refugees adopted by the government did not allocate resources for its implementation. A UNHCR report indicated all newly recognized refugees received a one-time grant of approximately 30 hryvnias ($1.26). Some reports, however, indicated the government did not always provide payment.

Temporary accommodation centers had a reception capacity of 421. Asylum seekers living outside an official temporary accommodation center often experienced difficulties obtaining residence registration, and authorities regularly fined them more than 500 hryvnias ($21) because they lacked registration. According to the State Migration Service, refugees could receive residence registration at homeless shelters for up to six months.

According to UNHCR, gaps in housing and social support for unaccompanied children left many without access to state-run accommodation centers or children’s shelters. Many children had to rely on informal networks for food, shelter, and other needs and remained vulnerable to abuse, trafficking, and other forms of exploitation. UNHCR noted a lack of educational programs and vocational activities for those in detention for extended periods.

Temporary Protection: The government also provided temporary protection (“complementary protection”) to individuals who may not qualify as refugees; as of August 1, authorities had provided complementary protection to 41 persons.

UNHCR estimated there were 35,600 stateless persons in the country. Persons who were either stateless or at risk of statelessness included Roma, homeless persons, current and former prisoners, and persons older than 50 who never obtained a Ukrainian personal identification document after the fall of the Soviet Union and were no longer able to obtain one.

The law requires establishing identity through a court procedure, which demanded more time and money than some applicants had. UNHCR reported Roma were at particular risk for statelessness, since many did not have birth certificates or any other type of documentation to verify their identity. Homeless persons had difficulty obtaining citizenship because of a requirement to produce a document testifying to one’s residence.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: The country’s presidential election was held across two rounds, on March 31 and April 21. A joint international election observation mission (IEOM) by the European Parliament (EP), the OSCE’s Office of Democratic Institutions and Human Rights, the OSCE Parliamentary Assembly (OSCE PA), the Parliamentary Assembly of the Council of Europe, and the NATO Parliamentary Assembly (NATO PA) assessed that the election “was competitive, voters had a broad choice and turned out in high numbers. In the pre-electoral period, the law was often not implemented in good faith by many stakeholders, which negatively impacted the trust in the election administration, enforcement of campaign finance rules, and the effectiveness of election dispute resolution. Fundamental freedoms were generally respected. Candidates could campaign freely; yet, numerous and credible indications of misuse of state resources and vote buying undermined the credibility of the process. The media landscape is diverse, but campaign coverage in the monitored media lacked in-depth analysis and was often biased. Election Day was assessed positively overall and paves the way to the second round. Still, some procedural problems were noted during the count, and conditions for tabulation were at times inadequate.”

The newly elected president disbanded the parliament to call for an early parliamentary election, which was held on July 21. A joint IEOM by OSCE/ODIHR, the OSCE PA, the NATO PA, and the EP assessed that: “fundamental rights and freedoms were overall respected and the campaign was competitive, despite numerous malpractices, particularly in the majoritarian races. Generally, the electoral administration was competent and effective despite short time available to prepare the elections, which were seen as an opportunity to consolidate reforms and changes in politics that Ukrainian voters are hoping for. In sharp contrast, the campaign was marked by widespread vote-buying, misuse of incumbency, and the practice of exploiting all possible legislative loopholes, skewing equality of opportunity for contestants. Intertwined business and political interests dictate media coverage of elections and allow for the misuse of political finance, including at the local level.”

Voting did not take place in either election in Crimea or in parts of Donbas under the control of Russia-led forces.

Political Parties and Political Participation: The Communist Party remains banned. On February 2, the Central Election Commission refused to register the Communist Party presidential candidate, Petro Symonenko, stating that his party violates the law banning communist symbols.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. Following the July parliamentary election, the proportion of women in the parliament increased from 12 percent to 20 percent.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

During the year the OHCHR and human rights groups documented fewer incidents of xenophobic societal violence and discrimination, compared with a spike in these incidents in 2018. Civil society groups remained concerned, however, about the lack of accountability for crimes committed by radical groups in cases documented in 2018. During the year members of such groups committed violent attacks on ethnic minorities (especially Roma), LGBTI persons, feminists, and other individuals they considered to be “un-Ukrainian” or “anti-Ukrainian.” The HRMMU noted that the failure of police and prosecutors to prevent these acts of violence, properly classify them as hate crimes, and effectively investigate and prosecute them created an environment of impunity and lack of justice for victims.

There were continued reports that the government provided grant funds to or cooperated with radical groups. For example, according to monitoring by independent investigative media outlet Bellingcat, during the year the Ministry of Youth and Sport awarded 845,000 hryvnias ($35,000) to groups–such as National Corps and C14 that have committed violence against minorities–to run “national-patriotic education projects” for children.

Rape and Domestic Violence: The law prohibits rape of men or women. The penalty for rape is three to 15 years’ imprisonment. Sexual assault and rape continued to be significant problems.

On January 11, amendments to the criminal code increasing liability for sexual, domestic, and gender-based violence came into force. The amendments expanded the definition of rape and introduced stricter punishment for sexual coercion by up to three years of prison and forced abortion or sterilization by up to five years.

Domestic violence against women remained a serious problem. Spousal abuse was common. According to the Ministry of Internal Affairs, 761 cases of domestic violence were registered during the first nine months of the year. Police issued approximately 44,000 domestic violence warnings and protection orders during the first nine months of the year. Punishment included fines, emergency restraining orders of up to 10 days, ordinary restraining orders from one to six months, administrative arrest, and community service. Human rights groups noted that the ability of agencies to detect and report cases of domestic violence was limited. Human rights groups asserted that law enforcement often did not consider domestic violence to be a serious crime but rather a private matter to be settled between spouses, but they also noted that police were starting to take the problem more seriously.

According to press reports, in early March an intoxicated man stabbed his 25-year-old former wife in Podolsk. The woman managed to run to a hospital, despite being pursued by her former husband. Their seven-year-old daughter witnessed the crime. Odesa police found and detained the perpetrator two days later. He was charged with “intentional infliction of bodily harm.”

According to the NGO La Strada, the conflict in the Donbas region led to a surge in violence against women across the country. Human rights groups attributed the increase in violence to posttraumatic stress experienced by IDPs fleeing the conflict and by soldiers returning from combat. IDPs reported instances of rape and sexual abuse; many claimed to have fled areas controlled by Russia-led forces because they feared sexual abuse.

As of late September the government operated 24 shelters for victims of domestic violence and 21 centers for social and psychological aid across the country for victims of domestic violence and child abuse.

Sexual Harassment: While the law prohibits coercing a person to have sexual intercourse, legal experts stated that safeguards against harassment were inadequate. The law puts sexual harassment in the same category as discrimination and sets penalties ranging from a fine to three years in prison. Women’s rights groups reported continuing and widespread sexual harassment, including coerced sex, in the workplace. Women rarely sought legal recourse because courts declined to hear their cases and rarely convicted perpetrators.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: While the law provides that women enjoy the same rights as men, women experienced discrimination in employment. According to the government commissioner on gender policy, women on average received 30 percent lower salaries than men. The Ministry of Health maintained a list of 50 occupations that remain prohibited for women.

Birth Registration: Either birth in the country or to Ukrainian parents conveys citizenship. A child born to stateless parents residing permanently in the country is a citizen. The law requires that parents register a child within a month of birth, and failure to register sometimes resulted in denial of public services.

Registration of children born in Crimea or Russia-controlled areas in Donbas remained difficult. Authorities required hospital paperwork to register births. Russia-backed “authorities” routinely kept such paperwork if parents registered children in territories under their control, making it difficult for the child to obtain a Ukrainian birth certificate. In addition authorities did not recognize documents issued by Russian occupation authorities in Crimea or “authorities” in territories controlled by Russia-led forces. Persons living in Crimea and parts of Russia-controlled Donbas had to turn to Ukrainian courts with birth or death documents issued by occupational authorities in order to receive Ukrainian documents. The courts were obliged to make rulings in 24 hours; these decisions were then carried out by the registry office. Due to the lack of judges in local courts, Ukrainians living in regions occupied by Russia and Russia-led forces faced serious difficulty obtaining Ukrainian documents.

Child Abuse: Penalties for child abuse range from three years to life, depending on severity. The law criminalizes sexual relations between adults and persons younger than 16; violations are punishable by imprisonment of up to five years. A January 11 amendment to the criminal code qualifies sexual relations with a person younger than 14 as rape.

Human rights groups noted authorities lacked the capability to detect violence against children and refer victims for assistance. Preventive services remained underdeveloped. There were also instances of forced labor involving children (see section 7.c.).

Authorities did not take effective measures to protect children from abuse and violence and to prevent such problems. The ombudsman for human rights noted the imperfection of mechanisms to protect children who survived or witnessed violence, particularly violence committed by their parents. According to the law, parents were the legal representatives of their children, even if they perpetrated violence against them. There is no procedure for appointing a temporary legal representative for a child during the investigation of alleged parental violence.

According to press reports, on May 27, police officers in Zhytomyr Oblast, while visiting the home of local residents, learned that a child was missing. Police uncovered that a few months earlier, the stepfather had hit a child, who fell and died as a result. Both spouses then burnt the body. Authorities detained the parents detained on charges of first-degree murder and removed two other children from the family and placed them in a rehabilitation center.

Early and Forced Marriage: The minimum age for marriage is 18. A court may grant a child as young as 16 permission to marry if it finds marriage to be in the child’s interest. Romani rights groups reported early marriages involving girls younger than 18 were common in the Romani community.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum prison sentence for child rape is eight years. Molesting a child younger than 16 is punishable by imprisonment for up to five years. The same offense committed against a child younger than 14 is punishable by imprisonment for five to eight years. The age of consent is 16.

Sexual exploitation of children, however, remained significantly underreported. Commercial sexual exploitation of children remained a serious problem.

Domestic and foreign law enforcement officials reported that a significant amount of child pornography on the internet continued to originate in the country. The International Organization for Migration (IOM) reported that children from socially disadvantaged families and those in state custody continued to be at high risk of trafficking, including for commercial sexual exploitation and the production of pornography. For example, on September 4, the Pechersk District Court in Kyiv authorized the arrest of a Kyiv resident who allegedly produced and disseminated pornography of his two children. An investigation was underway as of October.

Displaced Children: The majority of IDP children were from Donetsk and Luhansk Oblasts. According to the Ministry of Social Policy, authorities registered more than 240,000 children as IDPs. Human rights groups believed this number was low.

Institutionalized Children: The child welfare system continued to rely on long-term residential care for children at social risk or without parental care, although the number of residential-care institutions continued to drop. Government policies to address the abandonment of children reduced the number of children deprived of parental care. A government strategy for 2017-2026 calls for the transformation of the institutionalized child-care system into one that provides a family-based or family-like environment for children.

Human rights groups and media outlets reported unsafe, inhuman, and sometimes life-threatening conditions in some institutions. Officials of several state-run institutions and orphanages were allegedly complicit or willfully negligent in the sex and labor trafficking of girls and boys under their care.

On August 15, press outlets reported that 20 children between the ages of 10 and 17 from the Batiovo Orphanage in Zakarpattia Oblast reported physical violence and sexual abuse. Local police started an investigation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at HYPERLINK “https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html”https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

According to census data and international Jewish groups, an estimated 103,600 Jews lived in the country, constituting approximately 0.2 percent of the population. According to the Association of Jewish Organizations and Communities (VAAD), there were approximately 300,000 persons of Jewish ancestry in the country, although the number might be higher. Before the conflict in eastern Ukraine, according to VAAD, approximately 30,000 Jews lived in the Donbas region. Jewish groups estimated that between 10,000 and 15,000 Jews lived in Crimea before Russia’s attempted annexation.

According to the National Minority Rights Monitoring Group (NMRMG), as in 2018, no cases of suspected anti-Semitic violence were recorded as of October 1. The last recorded anti-Semitic violence against individuals occurred in 2016. The NMRMG recorded approximately 10 cases of anti-Semitic vandalism as of October 1, compared with 11 incidents during the same period in 2018. According to the NMRMG, the drop in violence and anti-Semitic vandalism was due to better police work and prosecution of those committing anti-Semitic acts.

Graffiti swastikas continued to appear in Kyiv, Lviv, Poltava, and other cities. According to press reports, on September 15, perpetrators vandalized a memorial to more than 55,000 Jews murdered in Bohdanivka in Mykolaiv Oblast. Jewish organizations expressed concern about the continued existence of Krakivsky Market and new construction atop a historic Jewish cemetery in Lviv. There were several anti-Semitic incidents targeting the Babyn Yar memorial reported during the year.

In line with the country’s 2015 decommunization and denazification law, authorities continued to rename communist-era streets, bridges, and monuments. Some were renamed in honor of 20th century Ukrainian nationalists, some of whom were associated with anti-Semitism.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not effectively enforce these provisions. The law requires the government to provide access to public venues, health services, information, communications, transportation, and the judicial system and opportunities for involvement in public, educational, cultural, and sporting activities for persons with disabilities. The law also requires employers to take into account the individual needs of employees with disabilities. The government generally did not enforce these laws.

Advocacy groups maintained that, despite the legal requirements, most public buildings remained inaccessible to persons with disabilities. Access to employment, education, health care, transportation, and financial services remained difficult (see section 7.d.).

Patients in mental-health facilities remained at risk of abuse, and many psychiatric hospitals continued to use outdated methods and treatments. According to February press reports, patients of a psychiatric institution in Bilopillia in Sumy Oblast complained about cruel and humiliating treatment by staff who allegedly beat and verbally abused them and left them naked for several days. The facility’s administration reportedly forced patients to work on the institution’s cattle farm. The local prosecutor’s office opened an investigation.

Law enforcement generally took appropriate measures to punish those responsible for violence and abuses against persons with disabilities.

By law employers must set aside 4 percent of employment opportunities for persons with disabilities. NGOs noted that many of those employed to satisfy the requirement received nominal salaries but did not actually perform work at their companies.

A law adopted in 2017 guaranteed every child with a disability the right to study at regular secondary schools. It called for the creation of inclusive groups in preschool facilities, secondary and vocational schools, and colleges. According to the president’s commissioner for the rights of children, 12,000 children with disabilities went to regular schools within the program of inclusive education.

Persons with disabilities in Russia-controlled areas in the east of the country suffered from a lack of appropriate care.

Mistreatment of members of minority groups and harassment of foreigners of non-Slavic appearance remained problematic. According to the Ethnic Minorities’ Rights Monitoring Group at the Congress of Ethnic Communities of Ukraine, as of October 1, the number of xenophobic incidents (attacks, vandalism, and “public expressions of xenophobia”) totaled 61, compared with 89 during the same period in 2018. Human rights organizations stated the requirement to prove actual intent, including proof of premeditation, to secure a conviction made it difficult to apply the laws against offenses motivated by racial, national, or religious hatred. Police and prosecutors continued to prosecute racially motivated crimes under laws against hooliganism or related offenses.

There were reports of societal violence against Roma. For example, according to press reports, on October 24, an unknown assailant in Zaporizhzhia attacked Romani rights activist Anzhelika Belova with a knife. According to press reports, the attacker followed her home from a supermarket into her apartment building, where he stabbed her. Belova survived, and police arrested the alleged perpetrator. An investigation was under way.

There were reports of attacks on Romani settlements. In one such case, there was an arson attack on a Romani camp on the outskirts of Ivano-Frankivsk on March 25. Ten men dressed in black attacked the settlement and hurled Molotov cocktails at the camp. The ensuing fire damaged two homes. When police arrived, Romani residents refused to file a complaint.

There were multiple reports that members of some radical groups disrupted gatherings related to the rights of Roma. In one example, human rights groups reported that on May 27, a man carrying an ax, two knives, and other weapons attempted to disrupt a briefing of human rights activists about violence against members of the Romani community. He broke into the room and started verbally insulting Romani individuals present. When a press center guard intervened, he threatened those present with two knives and pepper spray. Police responded and removed the perpetrator.

Human rights activists were concerned about the lack of accountability in cases of attacks on Roma documented in 2018. For example, on August 14, a Lviv district court found two high school students guilty of hooliganism for participating in an attack on a Romani camp that resulted in the killing of a man in June 2018. The court sentenced them to four-and-a-half years of prison. The court did not consider racial motivations or hate crime provisions.

In April the Kyiv Oblast Prosecutor’s Office appealed a November 2018 decision of the Holosiivsky District Court in Kyiv dropped charges against C14 leader Serhiy Mazur, the alleged perpetrator in another violent attack against a Romani settlement in Kyiv in April 2018. Court hearings have been postponed six times. Human rights NGOs voiced concerns that impunity for past attacks fueled more violence.

Roma continued to face governmental and societal discrimination and significant barriers accessing education, health care, social services, and employment. According to Council of Europe experts, 60 percent of Roma were unemployed, 40 percent had no documents, and only 1 percent had a university degree. According to the Romani women’s foundation, Chirikli, local authorities erected a number of barriers to prevent issuing national identification documents to Roma. Authorities hampered access to education for persons who lacked documents and segregated Romani children into special schools or lower-quality classrooms.

During the year many Roma fled settlements in areas controlled by Russia-led forces and moved elsewhere in the country. According to Chirikli, approximately 10,000 Roma were among the most vulnerable members of the country’s IDP population. Because many Roma lacked documents, obtaining IDP assistance, medical care, and education was especially difficult.

There were reports that police used laws on human trafficking or prostitution as a pretext to target LGBTI persons. For example, on April 20, police in Dnipro raided a gay nightclub. According to the LGBTI rights organization Nash Mir, at around 1 a.m., 20 to 25 police officers burst into the nightclub, forced all those present to lie down on the floor for three hours, and seized all mobile phones and the club’s equipment. Officers reportedly behaved in an aggressive and homophobic way, expressed insults, made jokes related to sexual orientation, and forced two foreigners, who were in the club, to sing loudly the anthem of Ukraine. While the purported grounds for the raid were the prevention of human trafficking, the published police report about the raid contained no evidence of human trafficking but claimed that the club’s owners took money from patrons in exchange for “creating the conditions for disorderly sexual intercourse.” Nash Mir called the police actions “obviously homophobic and illegal.”

There was societal violence against LGBTI persons often perpetrated by members of violent radical groups, and authorities often did not adequately investigate these cases or hold perpetrators to account. The HRMMU noted that attacks against members of the LGBTI community and other minorities were rarely classified under criminal provisions pertaining to hate crimes, which carried heavier penalties. Crimes and discrimination against LGBTI persons remained underreported. For example, according to press reports, on June 23, four unknown men beat two participants in the Kyiv Pride March who were heading home after the event, spraying them with pepper spray, kicking them, and insulting them.

According to the Nash Mir, radical groups consistently tried to disrupt LGBTI events with violence or threats of violence. For example, on April 11, members of radical groups Tradition and Order and Katechon attacked participants of the European Lesbian Conference in Kyiv. Perpetrators broke into the premises and sprayed tear gas, injuring 10 persons. Police intervened and detained the attackers; the attackers were subsequently released, and no charges were filed.

Although leading politicians and ministers condemned attacks on LGBTI gatherings and individuals, officials sometimes made public statements that were homophobic or that called for violence against LGBTI persons. For example, Sumy deputy mayor Maksym Halytsky posted on a social network a picture of a concentration camp with the caption “before long the so-called prides will look like this.” The Prosecutor General’s Office initiated criminal proceedings on charges of “deliberate actions to incite national, racial, or religious hatred, to humiliate national honor and dignity, or to offend the feelings of citizens in the light of their beliefs.”

The labor code prohibits workplace discrimination on the basis of sexual orientation or gender identity. No law, however, prohibits such discrimination in other areas, and discrimination was reportedly widespread in employment, housing, education, and other sectors.

Transgender persons reported difficulties obtaining official documents reflecting their gender identity, which resulted in discrimination in health care, education, and other areas.

During the year the HRMMU reported that in the Russia-controlled parts of Donetsk and Luhansk Oblasts, social stigma and intolerance based on sexual orientation and gender identity have become more acute, reportedly due to the application of laws criminalizing the “propaganda of same-sex relationships.”

Stigma and discrimination in health-care centers were barriers to HIV-positive individuals’ receiving medical services. UNICEF reported that children with HIV/AIDS were at high risk of abandonment, social stigma, and discrimination. Authorities prevented many children infected with HIV/AIDS from attending kindergartens or schools. Persons with HIV/AIDS faced discrimination in housing and employment.

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The Lessons of 1989: Freedom and Our Future