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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; Resolution 76/179 on the Situation of Human Rights in the Temporarily Occupied Autonomous Republic of Crimea and the City of Sevastopol, Ukraine, of December 16, 2021; and Resolution 76/70 on the Problem of the militarization of the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, as well as parts of the Black Sea and the Sea of Azov of December 9, 2021, 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 2014 Ukraine’s parliament (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 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 Report 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. Russia’s September 17-19 nationwide Duma 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, Federal Security Service, Federal Investigative Committee, and Office of the Prosecutor General, applied and enforced Russian law in Crimea as if it were a part of the Russian Federation. The Federal Security Service 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. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by Russia or Russia-led “authorities”; forced disappearances by Russia or Russia-led “authorities”; torture and cruel, inhuman, or degrading treatment or punishment by Russia or Russia-led “authorities,” including punitive psychiatric incarceration; harsh and life-threatening prison conditions and transfer of prisoners to Russia; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the occupation judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions against journalists, censorship, and criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; severe restrictions of religious freedom; restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation, including unelected governments and elections that were not genuine, free, or fair; serious acts of corruption; serious restrictions on or harassment of domestic and international human rights organizations; crimes involving violence or threats of violence targeting members of national/racial/ethnic minority groups or indigenous people, including Crimean Tatars and ethnic Ukrainians; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Domestic violence remained a serious problem in occupied Crimea; however, occupation authorities’ restrictions on human rights organizations made it difficult to assess its prevalence.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of occupation authorities.

Women in Crimea accessed reproductive health care through services funded by the Russian occupation authorities, private insurance, and NGO programs; however, no Ukrainian or international monitors had access to Crimea, making it difficult to assess the state of reproductive health care there.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Human rights groups and LGBTQI+ activists reported that most LGBTQI+ individuals fled Crimea after Russia’s occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity. The UN Human Rights Council’s independent expert received reports of increased violence and discrimination against the LGBTQI+ community in Crimea as well as the use of homophobic propaganda employed by the occupation authorities. LGBTQI+ persons reportedly were frequently subjected to beatings in public spaces and entrapped by organized groups through social networks. The council’s report noted, “This environment created an atmosphere of fear and terror for members of the community, with related adverse impacts on their mental health and well-being.”

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

Occupation authorities prohibited any LGBTQI+ group from holding public events in Crimea. LGBTQI+ individuals faced increasing restrictions on their exercise of free expression and peaceful assembly, 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).

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 Russia-occupied Crimea. At the end of this report is a section listing abuses in Russia-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. In 2019 Volodymyr Zelenskyy was elected president in an election considered free and fair by international and domestic observers. In 2019 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 and oversees police and other law enforcement personnel. The Security Service of Ukraine 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 Security Service reports directly to the president. The State Border Guard Service under the Ministry of Internal Affairs implements state policy regarding border security, while the State Migration Service, also under the Ministry of Internal Affairs, implements state policy regarding 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. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment of detainees by law enforcement personnel; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious problems with the independence of the judiciary; serious abuses in the Russia-led conflict in the Donbas, including physical abuses or punishment of civilians and members of armed groups held in detention facilities; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, and censorship; serious restrictions on internet freedom; refoulement of refugees to a country where they would face a threat to their life or freedom; serious acts of government corruption; lack of investigation of and accountability for gender-based violence; crimes, violence, or threats of violence motivated by anti-Semitism; crimes involving violence or threats of violence targeting persons with disabilities, members of ethnic minority groups, and lesbian, gay, bisexual, transgender, queer, or intersex persons; and the existence of the worst forms of child labor.

The government generally failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity. The government took some steps to identify, prosecute, and punish officials involved in corruption.

In the Russian-instigated conflict in the Donbas region, Russia-led forces reportedly engaged in unlawful or widespread civilian harm, enforced disappearances or abductions, and torture and physical abuses or punishment. Other significant human rights issues included credible reports of: harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; serious restrictions on free expression and the press; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions of religious freedom; serious restrictions on freedom of movement across the line of contact in eastern Ukraine; restrictions on political participation, including unelected governments and elections that were not genuine, free, or fair; and unduly restricted humanitarian aid.

Significant human rights issues in Russia-occupied Crimea included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; forced disappearance; torture and cruel, inhuman, or degrading treatment or punishment by Russia or Russia-led “authorities,” including punitive psychiatric incarceration; harsh and life-threatening prison conditions and transfer of prisoners to Russia; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel; serious restrictions on internet freedom; substantial interference with freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; severe restrictions of religious freedom; restrictions on freedom of movement; serious restrictions on political participation including unelected governments and elections that were not genuine, free, or fair; serious government restrictions on or harassment of domestic and international human rights; crimes involving violence or threats of violence targeting members of national/racial/ethnic minority groups, or indigenous people, including Crimean Tatars and ethnic Ukrainians; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons (see Crimea subreport).

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits domestic violence and rape, including spousal rape, of women and men. The penalty for rape is three to 15 years’ imprisonment. Sexual assault and rape continued to be significant problems. The law prohibits domestic violence, which is punishable by 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 reported police often failed to effectively enforce these laws. Domestic violence against women remained a serious problem. In the first six months of the year, police received 103,000 domestic violence complaints. Intimate partner violence was common. The HRMMU reported the implementation of quarantine measures surrounding COVID-19 exacerbated the situation. According to the Internal Affairs Ministry, approximately 3,300 cases of domestic violence were investigated during the first eight months of the year. Police issued approximately 59,350 domestic violence warnings and protection orders during the first eight 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 the ability of agencies to detect and report cases of domestic violence was limited.

According to the NGO La Strada, COVID-19 lockdown measures made it difficult for victims of domestic violence to receive help. Survivors faced increased difficulty in accessing domestic violence shelters due to the requirement to obtain a hospital certificate declaring they were not infected with COVID-19 before the shelters would provide social services.

According to press reports, on July 20, a man with a police record of domestic violence killed his former wife and adult daughter with an axe in their apartment in Lutsk. Police arrived at the scene shortly after receiving a call from neighbors and detained the man. The suspect, Vasyl Pylypyuk, allegedly confessed to the murders to his neighbors and faced charges with punishments ranging from 15 years’ to life imprisonment. Police opened an investigation and placed Pylypyuk in pretrial detention. Media outlets reported on August 11 that Pylypyuk died in pretrial detention after being beaten by a fellow inmate. Police reportedly opened an investigation into his death.

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

As of late September, the government operated 40 shelters for survivors of domestic violence and 19 centers for social and psychological aid as well as 21 crisis rooms across the country for survivors 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. On January 1, police registered a criminal investigation into Ukrainian Armed Forces lieutenant colonel Olha Derkach’s allegation that she was sexually harassed by her immediate supervisor, Chernhiv regional military commissioner Oleksandr Kryvoruchko, over a period of several years, beginning in 2016. Derkach claims Kryvoruchko’s unwelcome advances included instances of sexual groping. She claimed that when she rejected his advances, Kryvoruchko criticized her as incompetent in front of other officers. Kryvoruchko resigned from his position in February but denied the allegations and attempted to sue Derkach for defamation. On October 2, a court in Chernihiv dismissed Kryvoruchko’s lawsuit. As of mid-November, according to media reports, national police were still investigating Derkach’s allegations.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Romani women sometimes faced barriers in managing their reproductive health, including segregation in maternity wards and other forms of discrimination. Government policy does not bar access to contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence, and emergency contraception was available as part of clinical management of rape. Human rights groups said, however, that these services were sometimes unreliable and often did not reach Romani communities.

According to UN Women, health-care providers sometimes refused to provide adequate reproductive health services for LGBTQI+ women due to anti-LGBTQI+ views or lack of expertise. A 2020 UN Population Fund survey found that 81 percent of married or in-union women between the ages of 15 and 49 reported making their own decisions regarding sexual and reproductive health and rights, including deciding on their own health care, deciding on the use of contraception, and consenting to sex.

Discrimination: While the law provides that women enjoy the same rights as men, women experienced discrimination in employment. According to the Ministry of Economy, men earned on average 18 percent more than women. The Ministry of Health maintained a list of 50 occupations that remain prohibited for women. Women experienced discrimination in pay and in access to retirement and pension benefits.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There was societal violence against LGBTQI+ persons often perpetrated by members of violent radical groups, and authorities often did not adequately investigate these cases or hold perpetrators to account. The LGBTQI+ rights organization Nash Mir noted that criminal proceedings for attacks against members of the LGBTQI+ community were rarely classified under criminal provisions pertaining to hate crimes, which carry heavier penalties. For example, according to a victim’s account published by Nash Mir, on July 2, a police officer beat a gay man in the man’s home in Kyiv while shouting antihomosexual insults at him. The officer had reportedly arrived at the house after being called by the victim’s landlord, who had been engaged in a verbal argument with the victim. The victim filed a complaint with the Dniprovskyy District Police Department in Kyiv, and police reportedly opened an investigation into the attack on July 14 but closed it on August 17 without bringing any charges. According to Nash Mir, police reopened the case upon an appeal from the victim’s lawyer. As of late October, the investigation remained open.

Law enforcement at times condoned or perpetrated violence against members of the LGBTQI+ community. For example, according to the Kharkiv Human Rights Protection Group, police officers in Toretsk violently detained a man shortly after he entered his apartment building on May 3. According to the victim, police struck him on the head without any warning and then held him on the floor with his hands fastened behind his back and the knee of an officer pressed to his head, causing him to lose consciousness at one point. When the man stated that he was a representative of the LGBTQI+ community, the officers reportedly mocked him and continued the abuse. Officers reportedly filed an administrative charge against the victim for resisting arrest, claiming they had stopped him to search his backpack for drugs. According to his lawyers, the victim was hospitalized for one month because of his injuries and was later forced to move away from Toretsk due to threats from police. In June the victim’s lawyers appealed to the SBI to investigate the victim’s allegations.

Public figures sometimes made comments condoning violence against LGBTQI+ individuals. On March 18, a former member of the Kyiv City Council, Ruslan Andriyko, posted the comment, “Burn in the oven!” in the comments section of a news article regarding violence against LGBTQI+ teenagers.

According to Nash Mir, violent radical groups consistently tried to disrupt LGBTQI+ events with violence or threats of violence (see examples in section 2.b.).

The labor code prohibits workplace discrimination based on sexual orientation or gender identity. There is no law, however, against 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.

A UN report noted that Russia-led forces’ regular use of identity checks in the “DPR” and “LPR” and at the line of contact put transgender persons at constant risk of arbitrary arrest, detention, and connected abuses, due to the lack of identity documents matching their gender identity.

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