Read A Section: Crimea
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 75/192 on the “Situation of Human Rights in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine)”of December 28, 2020, 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 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.
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. Members of the security forces committed numerous abuses.
Significant human rights issues included: forced disappearances; torture and cases of 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; pervasive arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and website blocking; substantial interference with the freedom of peaceful assembly and freedom of association, including on the Crimean Tatar Mejlis; severe restrictions of religious freedom; serious restrictions on movement; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; lack of investigation of and accountability for violence against women; 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, or intersex persons.
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 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
According to the human rights group Crimea SOS, there were no new reports that occupation authorities committed arbitrary or unlawful killings, but impunity for past killings remained a serious problem. The Russian government tasked the Russian Investigative Committee with investigating whether security force killings in occupied Crimea were justifiable and whether to pursue prosecutions. The HRMMU reported the Investigative Committee failed to take adequate steps to prosecute or punish officials who committed abuses, resulting in a climate of impunity. The Office of the Prosecutor of the Autonomous Republic of Crimea also investigated security force killings from its headquarters in Kyiv, but de facto restrictions on access to occupied Crimea limited its effectiveness.
There were no reported investigations for the four Crimean Tatars found dead in 2019. Occupation authorities did not adequately investigate killings of Crimean residents from 2014 and 2015. According to the Ukrainian Ministry of Foreign Affairs, 12 Crimean residents who had disappeared during the occupation were later found dead. Human rights groups reported occupation authorities did not investigate other suspicious deaths and disappearances, occasionally categorizing them as suicide. Human rights observers reported that families frequently did not challenge findings in such cases due to fear of retaliation.
There were reports of abductions and disappearances by occupation authorities. Crimea SOS reported 45 individuals have gone missing since Russian forces occupied Crimea in 2014, and the fate of 15 of these individuals remained unknown. The OHCHR reported occupation authorities have not prosecuted anyone in relation to the forced disappearances. NGO and press reports indicated occupation authorities were responsible for the disappearances. For example, in March 2014, Maidan activists Ivan Bondarets and Valerii Vashchuk telephoned relatives to report police in Simferopol had detained them at a railway station for displaying a Ukrainian flag. Relatives have had no communication with them since, and the whereabouts of the two men remained unknown. Occupation authorities denied international monitors, including the OHCHR and OSCE, access to Crimea, which made it impossible for monitors to investigate forced disappearances there properly.
Occupation authorities did not adequately investigate the deaths and disappearances, according to human rights groups. Human rights groups reported that police often refused to register reports of disappearances and intimidated and threatened with detention those who tried to report disappearances. The Ukrainian government and human rights groups believed Russian security forces kidnapped the individuals for opposing Russia’s occupation to instill fear in the population and prevent dissent.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were widespread reports that occupation authorities in Crimea tortured and otherwise abused residents who opposed the occupation. According to the Crimean Human Rights Group, “The use of torture by the FSB and the Russia-led police against Ukrainian citizens became a systematic and unpunished phenomenon after Russia’s occupation of Crimea.” Human rights monitors reported that Russian occupation authorities subjected Crimean Tatars and ethnic Ukrainians in particular to physical abuse. For example, on January 28, plainclothes occupation authorities from the “ministry of internal affairs” detained Server Rasilchak, a 17-year-old Crimean Tatar, shortly after Rasilchak, his father, and two friends were stopped by traffic police at a gas station in Saki. The men beat and arrested Rasilchak and took him to a police station, where he was subjected to electric shocks, beaten, and threatened with sexual assault for several hours. Rasilchak’s mother claimed she filed a formal complaint with police, but human rights groups noted the difficulty of tracking the status of complaints and investigations in Crimea given the atmosphere of fear and impunity.
Occupation authorities reportedly demonstrated a pattern of using punitive psychiatric incarceration as a means of pressuring detained individuals. For example, according to press reports, on June 23, authorities transferred Crimean Tatar Ruslan Suleimanov to the Crimean Clinical Psychiatric Hospital for a forced psychiatric evaluation. Suleimanov was arrested in March 2019 and charged with allegedly belonging to the pan-Islamic organization Hizb ut-Tahrir, which is banned in Russia as a terrorist group but legal in Ukraine. Human right defenders viewed the authorities’ move as an attempt to break his client’s will and intimidate him.
According to the Crimean Human Rights Group, as of late September, approximately 10 Crimean Tatar defendants had been subjected to psychiatric evaluation and confinement against their will without apparent medical need since the beginning of the occupation (see section 1.d.).
Human rights monitors reported that occupation authorities also threatened individuals with violence or imprisonment if they did not testify in court against individuals whom authorities believed were opposed to the occupation.
Prison and Detention Center Conditions
Prison and detention center conditions reportedly remained harsh and life threatening due to overcrowding and poor conditions.
Physical Conditions: The Crimean Human Rights Group reported inhuman conditions in official places of detention in Crimea. According to a June interim report by the UN secretary-general, inadequate conditions in detention centers in Crimea could amount to “inhuman or degrading treatment or punishment.” According to the report, prisons in Crimea were overcrowded, medical assistance for prisoners was inadequate, and detainees complained of systematic beatings and humiliating strip searches by prison guards.
Overcrowding forced prisoners to sleep in shifts in order to share beds. According to the Crimean Human Rights Group, detainees held in the Simferopol pretrial detention center complained about poor sanitary conditions, broken toilets, and insufficient heating. Detainees diagnosed with HIV as well as tuberculosis and other communicable diseases were kept in a single cell. On July 7, the Crimean Human Rights Group reported that three of the defendants in a case involving alleged involvement in the group Hizb ut-Tahrir complained of harsh conditions, including being kept in a basement cell with a sealed window in one case and sharing a 20-bed cell with 23 inmates in another.
There were reports detainees were denied medical treatment, even for serious health conditions. According to the June UN secretary-general’s special report, detainees often had to rely on relatives to provide medicine, since the medical assistance provided at detention centers was inadequate. For example, Dzhemil Gafarov, a 58-year-old Crimean Tatar civic activist imprisoned in Crimea, received inadequate treatment for severe kidney disease. On October 22, the Ukrainian Human Rights Ombudsperson reported Gafarov’s medical condition had severely deteriorated while in detention. As of November occupation authorities continued to ignore requests from Gafarov’s lawyer that Gafarov be hospitalized or medically released.
According to the Crimean Resource Center, 32 Crimean prisoners were transferred to the Russian Federation in the first eight months of the year, 26 of whom were Crimean Tatars. One factor in the transfers was the lack of specialized penitentiary facilities in Crimea, requiring the transfer of juveniles, persons sentenced to life imprisonment, and prisoners suffering from serious physical and mental illnesses.
According to defense lawyers, prisoners considered Russian citizens by the Russian Federation were denied Ukrainian consular visits, and some Crimean residents were transferred to prison facilities in Russia without Ukrainian passports.
Prison authorities reportedly retaliated against detainees who refused Russian Federation citizenship by placing them in smaller cells or in solitary confinement.
Independent Monitoring: Occupation authorities did not permit monitoring of prison or detention center conditions by independent nongovernmental observers or international organizations. Occupation authorities permitted the “human rights ombudsperson,” Lyudmila Lubina, to visit prisoners, but human rights activists regarded Lubina as representing the interests of occupation authorities and did not view her as an independent actor.
d. Arbitrary Arrest or Detention
Arrest Procedures and Treatment of Detainees
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.
Arbitrary Arrest: Arbitrary arrests continued to occur, which observers believed were a means of instilling fear, stifling opposition, and inflicting punishment on those who opposed the occupation. Security forces conducted regular raids on Crimean Tatar villages and the homes of Jehovah’s Witnesses, accompanied by detentions, interrogations, and often criminal charges. The Crimean Resource Center recorded 68 detentions and 70 interrogations that were politically motivated as of September 30. For example, on May 30, Ukrainian soldier Yevhen Dobrynsky disappeared while on duty near the administrative boundary between mainland Ukraine and Crimea. On June 2, the FSB announced it had detained Dobrynsky for “illegally crossing the border from Ukraine to Russia.” As of October, Dobrynsky was still detained by occupation authorities.
The HRMMU noted that justifications underpinning the arrests of alleged members of “terrorist” or “extremist” groups often provided little evidence that the suspect posed an actual threat to society by planning or undertaking concrete actions.
The HRMMU noted the prevalence of members of the Crimean Tatar community among those apprehended during police raids. According to the Crimean Tatar Resource Center, of the 173 individuals arrested between January and August, 133 were Crimean Tatars. The HRMMU noted raids were often carried out on the pretext of purported need to seize materials linking suspects to groups that are banned in the Russian Federation, but lawful in Ukraine.
For example, according to press reports, on July 7, the FSB raided houses of Crimean Tatars in various parts of the peninsula. Security forces reportedly targeted the houses of activists belonging to the Crimean Solidarity movement, a human rights organization that provides the relatives and lawyers of political prisoners with legal, financial, and moral support. Seven individuals were arrested during the raid. According to human rights groups, security forces had no warrant for the raid and denied detained individuals access to lawyers. Of the seven men arrested during the raid, three were charged with organizing the activities of a terrorist organization (Hizb ut-Tahrir, which is legal in Ukraine), which carries a sentence of up to life in prison. The rest were charged with participating in the activities of a terrorist organization, which carries a sentence of up to 20 years in prison.
Jehovah’s Witnesses were also targeted for raids and arbitrary arrests. For example, on May 26, Russian security forces in Kerch conducted searches of four homes belonging to Jehovah’s Witnesses, and one man was arrested on “extremism” charges as a result of the searches. The group is banned in Russia as an extremist organization but is legal in Ukraine. On June 4, Jehovah’s Witness Artyom Gerasimov was sentenced to six years’ imprisonment on “extremism” charges. Prosecutors presented secret audio recordings of Gerasimov and his family reciting prayers and Bible verses in their home, alleging these actions constituted illegal “organizational activities” on behalf of the Jehovah’s Witnesses. Gerasimov was the second Jehovah’s Witness during the year to receive a six-year prison sentence on extremism charges after an arbitrary arrest for exercising his freedom of religion.
Failure to submit to conscription into the Russian military was also used as a basis for arbitrary arrests. Since 2015, Russia has conducted annual spring and fall conscriptions in Crimea, and failure to comply is punishable by criminal penalty. Since the beginning of the occupation, nearly 30,000 persons have been conscripted, and in February the Crimean Human Rights Group documented eight new criminal cases of Crimean residents for evading military service in the Russian Federation Armed Forces.
Detainees were often denied access to a lawyer during interrogation. For example, on August 31, FSB officers searched the homes of four Crimean Tatar activists belonging to the group Crimean Solidarity. FSB officers detained all four activists: Ayder Kadyrov, a correspondent for the Grani.ru online media, Ridvan Umerov (a leader of the local mosque), and Crimean Solidarity members Ayder Yabliakimov and Enver Topchi. The men were interrogated for eight hours, during which authorities refused to grant their lawyers access to them. Kadyrov’s lawyer claimed that authorities forced Kadyrov to sign a confession.
e. Denial of Fair Public Trial
Under Russian occupation authorities, the judicial system was neither independent nor impartial. Judges, prosecutors, and defense attorneys were subject to political directives, and the outcomes of trials appeared predetermined by government interference. The HRMMU noted that lawyers defending individuals accused of extremism or terrorism risked facing harassment or similar charges themselves. For example, human rights lawyer Emil Kurbedinov reported that occupation authorities physically surveilled him and likely tapped his office phone. Kurbedinov has faced longstanding pressure for his involvement in defending human rights defenders and activists in Crimea, including being previously arrested in 2017 and 2018.
Defendants in politically motivated cases were increasingly transferred to the Russian Federation for trial. 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 limited the ability to have a public hearing. According to the HRMMU, occupation authorities banned family members and media from the courtroom for hearings related to charges of Hizb ut-Tahrir membership and other activities deemed subversive under Russian law. The courts justified the closed hearings by citing vague concerns about the “safety of the participants.” The courts failed to publish judgments in these cases.
Occupation authorities interfered with defendants’ ability to access an attorney. According to the Crimean Human Rights Group, defendants facing terrorism or extremism-related charges were often pressured into dismissing their privately hired lawyers in exchange for promised leniency.
Occupation authorities intimidated witnesses to influence their testimony. On June 11, the FSB charged a former witness with providing false testimony at the hearings of individuals accused of membership in Hizb ut-Tahrir. In an August 2019 court hearing, the witness retracted his pretrial statements, claiming they had been coerced by FSB officers during interrogation. While the HRMMU found the witness’s claims of mistreatment to be credible, the court dismissed the allegations and ruled that the witness’s retraction was intended to assist the defendant in avoiding criminal liability. The former witness faced five years in prison.
The HRMMU reported that occupation authorities retroactively applied Russia’s laws to actions that took place before the occupation of the peninsula began.
Political Prisoners and Detainees
According to the Crimean Human Rights Group, as of August, 105 Crimeans were being deprived of freedom in occupied Crimea or in Russia on political or religious charges, 73 of whom were Crimean Tatar Muslims prosecuted on terrorism charges.
Charges of extremism, terrorism, or violation of territorial integrity were particularly applied to opponents of the occupation, such as Crimean Tatars, Jehovah’s Witnesses, independent journalists, and individuals expressing dissent on social media.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
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 and others engaged in electronic surveillance, entered residences and other premises without warrants, and harassed relatives and neighbors of perceived opposition figures.
Occupation authorities routinely conducted raids on homes to intimidate the local population, particularly Crimean Tatars, ethnic Ukrainians, and Jehovah’s Witnesses ostensibly on the grounds of searching for weapons, drugs, or “extremist literature.” According to the Crimean Tatar Resource Center, occupation authorities conducted 38 searches between January and August; 25 were in the households of Crimean Tatars.
Human rights groups reported that Russian authorities had widespread authority to tap telephones and read electronic communications and had established a network of informants to report on suspicious activities. Authorities reportedly encouraged state employees to inform on their colleagues who might oppose the occupation. According to human rights advocates, eavesdropping and visits by security personnel created an environment in which persons were afraid to voice any opinion contrary to the occupation authorities, even in private.
Occupation authorities regularly used recorded audio of discussions regarding religion and politics, obtained through illegal wiretapping of private homes, and testimonies from unidentified witnesses as evidence in court. For example, in June 2019 occupation authorities detained four Crimean Tatars in the Alushta region of Crimea on terrorism charges related to alleged involvement in Hizb ut-Tahrir. Russian prosecutors used FSB wiretaps of the men’s conversations during private religious classes about the concept of an Islamic caliphate in Crimea as evidence the men were planning a “forcible seizure of power.” As of November the men were being held at detention facility in Rostov-on-Don in Russia as the trial proceeded.
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 4. Corruption and Lack of Transparency in Government
Corruption: There were multiple reports of systemic rampant corruption among Crimean “officeholders,” including through embezzlement of Russian state funds allocated to support the occupation. For example, on March 28, a “district court” found the former head of the Feodosiya city administration, Dmitri Shchepetkov, guilty of abuse of office and attempted bribe taking. He was sentenced to eight years in prison and fined 42 million rubles ($560,000).
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.
Read A Section: Ukraine
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.
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 April 2019 Volodymyr Zelenskyy was elected president in an election considered free and fair by international and domestic observers. In July 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. The ministry 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 Ministry of Defense and Ukrainian armed forces are responsible for defending the country’s sovereignty and territorial integrity by deterring armed aggression. The Ministry of Defense 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 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. Members of the security forces committed some abuses.
Significant human rights issues included: unlawful or arbitrary killing; torture and cases of cruel, inhuman, or degrading treatment or punishment of detainees by law enforcement personnel; harsh and life-threatening conditions in prisons and detention centers; arbitrary arrest or detention; serious problems with the independence of the judiciary; abuses in the Russia-led conflict in the Donbas, including physical abuse of civilians and members of armed groups held in detention facilities; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and blocking of websites; refoulement of refugees; serious acts of corruption; lack of investigation of and accountability for violence against women; 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, 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. 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-instigated and -fueled conflict in the Donbas region, Russia-led forces reportedly engaged in unlawful or arbitrary killings of civilians, including extrajudicial killings; forced disappearances and abductions; torture and cases of cruel, inhuman, or degrading treatment or punishment. Other significant human rights issues included: 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, the press, and the internet; 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: forced disappearances and abductions; torture and cruel, inhuman, or degrading treatment or punishment of detainees to extract confessions and punish persons resisting the occupation; harsh and life-threatening prison conditions; 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, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and site blocking; substantial interference with freedom of peaceful assembly and freedom of association; severe restrictions of religious freedom; serious restrictions on freedom of movement; restrictions on political participation, including unelected governments and elections that were not genuine, free, or fair; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons. Russian occupation authorities in Crimea reportedly continued to engage in widespread violence against and harassment of Crimean Tatars and pro-Ukrainian activists in response to peaceful opposition to Russian occupation (see Crimea subreport).
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed possible arbitrary or unlawful killings. The State Bureau for Investigations is responsible for investigation of crimes allegedly committed by law enforcement agencies.
Human rights organizations and media outlets reported deaths due to torture or negligence by police or prison officers. For example, in February police charged five staff members of the Vinnytsya Prison with torture and an additional staff member with “violence against a prisoner in places of imprisonment” for their alleged involvement in beating a 59-year-old prisoner who had been charged with rape of a minor. In July 2019 the staff members took the prisoner from his cell to a separate room, where they allegedly struck him 85 times. Investigators said the staff members then returned the prisoner to his cell, where a cellmate delivered additional blows that resulted in his death.
There were few reports that state actors ordered or took part in targeted attacks on civil society activists and journalists in connection with their work during the year, but impunity for past attacks remained a significant problem. In June 2019 a court in Dnipropetrovsk Oblast convicted five persons for carrying out the fatal 2018 acid attack against public activist Kateryna Handziuk on charges of deliberately causing grievous bodily harm resulting in death. They were sentenced to terms of three to six-and-a-half years in prison. Each suspect agreed to testify against those who ordered the killing. On April 27, the Security Service announced it had completed its pretrial investigation. As a result of the investigation, the head of the Kherson regional legislature, Vladyslav Manger, and a suspected accomplice, Oleksiy Levin, were charged with inflicting intentional grievous bodily harm in a manner bearing signs of torment and resulting in death. The suspects’ first court hearing took place on August 28. As of late November, both suspects were to remain in custody until December 13.
Former parliamentary aide Ihor Pavlovsky was charged in 2019 with concealing Handziuk’s murder. On September 16, Pavlovsky asked an Odesa court to authorize a plea bargain. Human rights defenders and Handziuk supporters alleged additional organizers of the crime likely remained at large and that law enforcement bodies had not investigated the crime fully.
In December 2019 police arrested three suspects in connection with the 2016 killing of prominent Belarusian-Russian journalist Pavel Sheremet. All suspects had previous military experience as volunteers in the conflict with Russia-led forces. In August the case was transferred to a Kyiv court, where trial proceedings were underway as of November.
Law enforcement agencies continued to investigate killings and other crimes committed during the Euromaidan protests in Kyiv in 2013-14. Human rights groups criticized the low number of convictions despite the existence of considerable evidence. The Office of the UN High Commissioner for Human Rights Monitoring Mission in Ukraine (HRMMU) noted little progress had been made in investigating the killings, and the cases that have reached the courts continued to be delayed. As of November the State Bureau for Investigations had identified 61 alleged perpetrators of Euromaidan killings; most of whom absconded and were wanted. As of November the only three perpetrators who had been convicted were charged with lesser offenses, not murder, and received prison sentences ranging from three to five years.
On January 11, the State Bureau for Investigations announced it had established a special unit for investigating Euromaidan cases, in accordance with the Prosecutor General’s Office’s 2019 decision to transfer responsibility for such cases to the State Bureau for Investigations. Euromaidan activists accused State Bureau for Investigations deputy director Oleksandr Babikov of having a conflict of interest, citing his former role as a lawyer for then president Yanukovych. During the year the State Bureau for Investigations served notices of suspicion to 37 individuals, filed 19 indictments against 25 persons (six judges, 13 law enforcement officers, and six civilians), and made two arrests for Euromaidan-related crimes. On March 10 and 12, for example, the State Bureau for Investigations arrested two men suspected of involvement in the kidnapping and torture of two activists and the murder of one of them (see section 1.b.).
On March 20 and 25, the State Bureau for Investigations served a notice of suspicion to the former head and deputy head of the public security unit at the main police department in Kyiv and investigated reports they “organized and provided illegal obstruction of the meeting of citizens on November 30, 2013, in order to carry out the criminal order.”
On June 18, the State Bureau for Investigations charged in absentia a former officer from the Berkut riot police unit in connection with the killing of 48 protesters and the attempted killing of an additional 80 protesters in 2014. On June 22, a court in Kyiv ordered the pretrial detention of the suspect in absentia.
On May 12, the Pechersk District Court in Kyiv authorized the arrest of former president Yanukovych, his former defense minister, and two former heads of law enforcement agencies on charges of criminal involvement in the killings of protesters in Kyiv in 2014.
On October 20, the Svyatoshynsky District Court in Kyiv designated as fugitives three former Berkut officers accused of killing 48 protesters, indicating the suspects would be tried in absentia. The three suspects were part of a group of five former Berkut officers implicated in Euromaidan killings who were released into the custody of Russia-led forces in the Donbas region in December 2019 as part of a negotiated prisoner and detainee exchange between Ukraine and Russia. Two other suspects voluntarily returned and were standing trial as of December.
The HRMMU did not note any progress in the investigation and legal proceedings in connection with the 2014 trade union building fire in Odesa that stemmed from violent clashes between pro-Russian and Ukrainian unity demonstrators. During the clashes and fire, 48 persons died. Pandemic-related restrictions exacerbated trial delays.
There were reports of civilian casualties in connection with Russian aggression in the Luhansk and Donetsk Oblasts (see section 1.g.).
There were allegations that state agents abducted and deported foreign citizens on behalf of their governments without due process. For example, family members and advocates for three Uzbekistani men alleged the Security Service collaborated with the Uzbekistani State Security Service to extradite the men without complying with relevant laws and international agreements (see section 2.f.).
In connection with abuses committed during the 2013-14 Euromaidan protests in Kyiv, Sergei Myslyvyi was arrested on March 10 for his suspected involvement in the abduction and torture of Euromaidan activists Ihor Lutsenko and Yuriy Verbitsky and the premeditated murder of Verbitsky. Ivan Novotny was detained on March 12 on suspicion of involvement in the case and charged with “creation of a criminal organization” and “unlawful imprisonment or abductions of a person.” The State Bureau for Investigations finished its pretrial investigation of both cases in August. As of November, Novotny and Myslyvyi remained in pretrial detention; 12 other suspects in the case remained at large.
A law on missing persons came into force in 2018 to assist in locating those who disappeared in connection to the conflict in eastern Ukraine. The law calls for the creation of a commission that would establish a register of missing persons. The commission was established in July. On November 11, President Zelenskyy signed a decree calling on the Cabinet of Ministers to ensure the commission operates effectively. As of late November, it had not convened.
There were reports of politically motivated disappearances in connection with Russia’s aggression in Donetsk and Luhansk Oblasts (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit torture and other cruel and unusual punishment, there were reports that law enforcement authorities engaged in such abuse. While courts cannot legally use confessions and statements made under duress to police by persons in custody as evidence in court proceedings, there were reports that police and other law enforcement officials abused and, at times, tortured persons in custody to obtain confessions.
Abuse of detainees by police remained a widespread problem. For example, on January 3, the Kharkiv Human Rights Protection Group interviewed 30 prisoners from the Kharkiv Oblast’s Oleksyyivska correctional colony No. 25 after the group received information regarding severe abuse of inmates, including torture and rape. The group collected reports of rape, beatings, forced labor, and extortion of money, and sent them to the State Bureau for Investigations to open an investigation. The Office of the Parliamentary Commissioner on Human Rights (Ombudsperson’s Office) visited the institution twice that month and reported during its first visit instances of officers handcuffing 22 inmates and beating them with rubber batons, which resulted in abrasions and bruising.
On January 11, the Ombudsperson’s Office interviewed 12 inmates in the medical unit. The 12 individuals claimed that at around three or four in the morning, they were handcuffed and dragged down the street in their underwear to the institution’s headquarters, where they remained until around seven in the evening. Inmates remained in handcuffs for almost 15 hours and did not receive any food. Inmates also reported being dragged on the floor from the first to second floor. Their bodies were reportedly covered in abrasions and hematomas, particularly on their heads from the abuse they suffered. One inmate reported suffering from burns in the area of the buttocks and anus. These injuries were only recorded in the institution’s medical records after the visit by the Ombudsperson’s Office. On January 13, the Prosecutor General’s Office filed criminal proceedings for torture and abuse of power with the use of violence.
Reports of law enforcement using torture and mistreatment to extract confessions were reported throughout the year. For example, on March 27, the State Bureau for Investigations charged two Uzhhorod police officers with violent abuse of authority. According to investigators, in September 2019 the officers detained Ihor Harmatiy and Ivan Bukov on suspicion of theft and took the men to the Uzhgorod police department where, according to Bukov, they severely beat Bukov with a bat, knocked his teeth out, and handcuffed him to a radiator. Bukov reported he was able to get out of his handcuffs the next morning and jumped from the fourth floor of the police department to flee further abuse. He survived the fall but tore his spleen, injured his pelvis, and broke both arms. Harmatiy similarly reported being tortured and indicated that he signed a confession in order to stop the abuse. Human rights groups criticized the State Bureau for Investigations for not filing charges of “torture” against the officers.
Impunity for abuses committed by law enforcement was a significant problem. The HRMMU reported that a majority of the torture allegations made against security forces from February to July were “disregarded.” The State Bureau for Investigations and a specialized department within the Office of the Prosecutor General were responsible for investigating such allegations. According to the Kharkiv Human Rights Protection Group, individuals who experienced torture during pretrial detention often did not file complaints due to intimidation and lack of access to a lawyer.
In the Russia-controlled areas of Donetsk and Luhansk, the UN Office of the High Commissioner for Human Rights (OHCHR) reported after interviewing 56 released detainees that torture and mistreatment of detainees were systematic during the initial stage of detention, which could last up to a year. The individuals interviewed were initially detained under “administrative arrest” in the so-called “Donetsk People’s Republic” (“DPR”), or “preventive arrest” in the so-called “Luhansk People’s Republic” (“LPR”), and held incommunicado without access to a lawyer. The vast majority reported being subjected to some form of mistreatment, including beatings; electric shocks; sexual violence; asphyxiation; removal of teeth and nails; mock execution; deprivation of water, food, sleep or sanitation facilities; and threats of violence against family members.
Victims of abuses committed by Russia-led forces in the “DPR” and “LPR” had no legal recourse to attain justice.
Prison and Detention Center Conditions
Prison and detention center conditions remained poor, did not meet international standards, and at times posed a serious threat to the life and health of prisoners. Physical abuse, lack of proper medical care and nutrition, poor sanitation, and lack of adequate light were persistent problems.
Physical Conditions: Overcrowding remained a problem in some pretrial detention facilities, although human rights organizations reported that overcrowding at such centers decreased as a result of reforms in 2016 that eased detention requirements for suspects. Monitors from the Office of the Parliamentary Commissioner on Human Rights (Ombudsperson) reported that cells in one of the Kharkiv detention facility’s buildings measured less than 11 square feet, which allowed prisoners only enough room to stand. According to monitors, even short-term detention there could be regarded as mistreatment.
While authorities generally held adults and juveniles in separate facilities, there were reports that juveniles and adults were often not separated in some pretrial detention facilities.
Physical abuse by guards was a problem. For example, according to media reports, five staff members of the Vinnytsya Prison were charged with torture and one staff member with “violence against a prisoner in places of imprisonment” in February for severely beating an inmate. The inmate ultimately died after receiving additional blows by another inmate (see section 1.a.). In another instance, two prisoners from the Kropyvnytskyi pretrial detention center sustained bodily injuries after allegedly being beaten by the facility’s staff. In May the Kirovohrad Oblast Prosecutor’s Office initiated criminal proceedings investigating “abuse of power” of the detention center’s staff.
There were reports of prisoner-on-prisoner violence. For example, media outlets reported in February that Odesa pretrial detention facility staff illegally allowed two detainees into another detainee’s cell. The two transferred detainees allegedly attacked the other detainee, inflicting grave bodily injuries. The facility staff then transferred the attack victim to a solitary confinement cell, where he died from his injuries. An investigation was underway as of October.
Most detention facilities were old and needed renovation or replacement. According to the country’s seventh periodic report for the UN Convention against Torture, some cells and facilities had very poor sanitary conditions. Some detainees reported that their cells were poorly ventilated and infested with insects. In Zhovti Vody, the Kharkiv Human Rights Group reported remand prison cell walls were covered with mold and the damp air made breathing difficult. Cells were infested with fleas and cockroaches, and inmates often only had access to unboiled tap water that contained worms. Conditions in police temporary detention facilities and pretrial detention facilities were harsher than in low- and medium-security prisons. Temporary detention facilities often had insect and rodent infestations and lacked adequate sanitation and medical facilities.
The quality of food in prisons was generally poor. According to the January 2019 report of the UN special rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, inmates received three meals a day, although in most places the food was described as “inedible,” leading inmates to rely on supplementary food they received through parcels from family. According to the Council of Europe’s Committee for the Prevention of Torture (CPT), in some pretrial detention centers, detainees did not have consistent access to food and water. According to the UN special rapporteur, most hygienic products including toilet paper, soap, and feminine hygiene products were not provided, and detainees relied on supplies provided by family or donated by humanitarian organizations. In some facilities, cells had limited access to daylight and were not properly heated or ventilated.
UN and other international monitors documented systemic problems with the provision of medical care. The CPT observed a lack of medical confidentiality, poor recording of injuries, and deficient access to specialists, including gynecological and psychiatric care. There was a shortage of all kinds of medications with an overreliance on prisoners and their families to provide most of the medicines. Conditions in prison health-care facilities were poor and unhygienic. Bureaucratic and financial impediments prevented the prompt transfer of inmates to city hospitals, resulting in their prolonged suffering and delayed diagnoses and treatment.
The condition of prison facilities and places of unofficial detention in Russia-controlled areas continued to deteriorate. According to the Justice for Peace coalition, there was an extensive network of unofficial places of detention in the “LPR” and “DPR” located in basements, sewage wells, garages, and industrial enterprises. There were reports of severe shortages of food, water, heat, sanitation, and proper medical care. The HRMMU was denied access to detainees held by Russia-led forces in the “DPR” and the “LPR.” The lack of access to detainees raised concerns about the conditions of detention and treatment.
The Eastern Human Rights Group continued to report systemic abuses against prisoners in the “LPR,” such as torture, starvation, denial of medical care, and solitary confinement as well as the extensive use of prisoners as slave labor to produce goods that, when sold, provided personal income to the leaders of the Russia-led forces.
Administration: Although prisoners and detainees may file complaints about conditions in custody with the human rights ombudsperson, human rights organizations noted prison officials continued to censor or discourage complaints and penalized and abused inmates who filed them. Human rights groups reported that legal norms did not always provide for confidentiality of complaints. According to representatives of the national preventive mechanism, an organization that conducted monitoring visits to places of detention, authorities did not always conduct proper investigations of complaints.
While officials generally allowed prisoners, except those in disciplinary cells, to receive visitors, prisoner rights groups noted some families had to pay bribes to obtain permission for prison visits to which they were entitled by law.
Independent Monitoring: The government generally permitted independent monitoring of prisons and detention centers by international and local human rights groups, including the CPT, the Ombudsperson’s Office, and the HRMMU.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government did not always observe these requirements.
The HRMMU and other monitoring groups reported numerous arbitrary detentions in connection with the conflict between the government and Russia-led forces in the Donbas region (see section 1.g.).
Arrest Procedures and Treatment of Detainees
By law authorities may detain a suspect for three days without a warrant, after which a judge must issue a warrant authorizing continued detention. Authorities in some cases detained persons for longer than three days without a warrant.
Prosecutors must bring detainees before a judge within 72 hours, and pretrial detention should not exceed six months for minor crimes and 12 months for serious ones. Persons have the right to consult a lawyer upon their detention. According to the law, prosecutors may detain suspects accused of terrorist activities for up to 30 days without charges or a bench warrant. Under the law citizens have the right to be informed of the charges brought against them. Authorities must promptly inform detainees of their rights and immediately notify family members of an arrest. Police often did not follow these procedures. Police at times failed to keep records or register detained suspects, and courts often extended detention to allow police more time to obtain confessions.
In August the Association of Ukrainian Monitors on Human Rights in Law Enforcement reported a widespread practice of unrecorded detention, in particular, the unrecorded presence in police stations of persons “invited” for “voluntary talks” with police, and noted several allegations of physical mistreatment that took place during a period of unrecorded detention. Authorities occasionally held suspects incommunicado, in some cases for several weeks. The association also reported that detainees were not always allowed prompt access to an attorney of their choice. Under the law the government must provide attorneys for indigent defendants. Compliance was inconsistent because of a shortage of defense attorneys or because attorneys, citing low government compensation, refused to defend indigent clients.
The law provides for bail, but many defendants could not pay the required amounts. Courts sometimes imposed travel restrictions as an alternative to pretrial confinement.
Arbitrary Arrest: The HRMMU and other human rights monitors reported a continued pattern of arbitrary detention by authorities.
On March 12, the HRMMU released findings based on interviews with 75 individuals who had been detained. More than 70 percent of those interviewed reported arbitrary detention or procedural violations at the initial stages of detention, primarily by Security Service officials. More than one-third of interviewees reported being kept incommunicado in unofficial places of detention for several days before being transferred to official detention facilities. In at least 32 cases, access to legal counsel was provided only after the first interrogation. In 11 of these cases, the detainees offered confessions before seeing a lawyer.
Human rights experts reported arbitrary detention in the context of conscription into the armed forces. For example, in late May representatives of the Kharkiv military registration office systematically stopped and forcibly detained young men near public transport stops, taking them to military registration and enlistment offices. The detainees were deprived of their cell phones, kept indoors, fed once a day, and sent to undergo medical examinations, after which they were conscripted.
Arbitrary arrest was reportedly widespread in both the “DPR” and the “LPR.” The HRMMU raised particular concern over the concept of “preventive arrest” or “administrative arrest” introduced in 2018 by Russia-led forces in the “DPR” and “LPR.” Under a preventive arrest, individuals may be detained for up to 30 days, with the possibility of extending detention to 60 days, based on allegations that a person was involved in crimes against the security of the “DPR” or “LPR.” During preventive arrests detainees were held incommunicado and denied access to lawyers and relatives.
From November 2019 to February 2020, the OHCHR interviewed 56 detainees released by “DPR” and “LPR” and reported a consistent pattern of arbitrary detention, which often amounted to forced disappearance, torture, and mistreatment.
Pretrial Detention: The Association of Ukrainian Human Rights Monitors noted that pretrial detention usually lasts two months, but can be extended. When cases are delayed, precautionary measures are usually eased, such as permitting house arrest or temporary release. The HRMMU, however, continued to report the security services’ persistent use of extended pretrial detention of defendants in conflict-related criminal cases as a means to pressure them to plead guilty. Since the beginning of the armed conflict in 2014, the OHCHR has documented 16 cases in which, following a court-ordered release, prosecutors pressed additional conflict-related criminal charges, enabling police to rearrest the defendant. In one case, prosecutors charged a soldier with treason after he had been charged with desertion and granted release by a court.
e. Denial of Fair Public Trial
While the constitution provides for an independent judiciary, courts were inefficient and remained highly vulnerable to political pressure and corruption. Confidence in the judiciary remained low.
Despite efforts to reform the judiciary and the Office of the Prosecutor General, corruption among judges and prosecutors remained endemic. Civil society groups continued to complain about weak separation of powers between the executive and judicial branches of government. Some judges claimed that high-ranking politicians pressured them to decide cases in their favor, regardless of the merits. Some judges and prosecutors reportedly took bribes in exchange for legal determinations. Other factors impeded the right to a fair trial, such as lengthy court proceedings, particularly in administrative courts, inadequate funding and staffing, and the inability of courts to enforce rulings.
The International Commission of Jurists emphasized in an April report that attacks on lawyers were often associated with their defense of clients in politically sensitive criminal cases. The commission concluded such attacks undermined the ability of lawyers to adequately perform their duties and protect the rights of their clients. In one such case, on March 27, police officers used force and inflicted bodily injuries on lawyer Mykola Ponomariov in Brovary in Kyiv Oblast. Police beat and handcuffed Ponomariov when he refused a request to provide false testimony as a witness in a case involving one of his father’s employees. As of November, the State Bureau for Investigations was investigating the case.
The HRMMU expressed concern about intimidation of judges, defendants, and defense lawyers by members of violent radical groups. For example, on October 16, a car belonging to legal aid lawyer Oleksandr Kovrak was set on fire in Odesa. Kovrak claims that the culprits opened the gate to the private area where the car was parked, broke the cars’ windows, and threw a fire accelerant into the car. He suspects the attack might be retaliation for the legal aid work that he provides voluntarily in support of rural residents seeking advice on property rights. Police opened an investigation.
The constitution and law provide for the right to a fair and public trial. Human rights groups noted that ineffective investigations and misuse of trial extensions by judges and defense lawyers sometimes caused undue trial delays. A single judge decides most cases, although two judges and three public assessors who have some legal training hear trials on charges carrying the maximum sentence of life imprisonment. The law provides for cross-examination of witnesses by both prosecutors and defense attorneys and for plea bargaining.
The law presumes defendants are innocent, and they cannot be legally compelled to testify or confess, although high conviction rates called into question the legal presumption of innocence. Defendants have the right to be informed promptly and in detail of the charges against them, with interpretation as needed; to a public trial without undue delay; to be present at their trial; to communicate privately with an attorney of their choice (or have one provided at public expense if unable to pay); and to have adequate time and facilities to prepare a defense. The law also allows defendants to confront witnesses against them, to present witnesses and evidence, and to appeal.
Trials are open to the public, but some judges prohibited media from observing proceedings, often justifying measures as necessary to contain the COVID-19 pandemic. An OHCHR survey of 121 lawyers concluded COVID-19 restrictions made it more difficult to access court registries and conduct confidential meetings with clients held in detention, increasing trial delays. While trials must start no later than three weeks after charges are filed, prosecutors seldom met this requirement. Human rights groups reported officials occasionally monitored meetings between defense attorneys and their clients.
The HRMMU documented violations of the right to a fair trial in criminal cases related to the Russia-led conflict in the Donbas region, notably the right to a trial without undue delay and the right to legal counsel. The government’s lack of access to Russia-controlled areas complicated investigations into human rights violations there. As a result, perpetrators of such violations were rarely prosecuted. As of April the OHCHR was aware of only four convictions in conflict-related cases involving human rights violations.
Authorities also failed to effectively investigate and prosecute perpetrators for interfering in investigations and manipulating court proceedings. The OHCHR reported that in one case an appellate court failed to publish its judgement after the defendant complained of fair trial violations.
Undue delays continued to slow criminal proceedings in conflict-related cases.
Russia-led forces terminated Ukrainian court system functions on territories under their control in 2014. The “DPR” and “LPR” did not have an independent judiciary, and the right to a fair trial was systematically restricted. The HRMMU reported that in many cases individuals were not provided with any judicial review of their detention and were detained indefinitely without any charges or trial. In cases of suspected espionage or when individuals were suspected of having links to the Ukrainian government, closed-door trials by military tribunals were held. The “courts” widely relied on confessions obtained through torture and coercion. There were nearly no opportunities to appeal the verdicts of these tribunals. Observers noted that subsequent “investigations” and “trials” seemed to serve to create a veneer of legality to the “prosecution” of individuals believed to be associated with Ukrainian military or security forces. The HRMMU reported that Russia-led forces generally impeded private lawyers from accessing clients and that “court”-appointed defense lawyers generally made no efforts to provide an effective defense and participated in efforts to coerce guilty pleas.
Political Prisoners and Detainees
There was one individual whom some human rights groups considered to be subjected to politically motivated detention, but during the year the detainee, Zhytomyr journalist Vasyl Muravytskyy, was released on his own recognizance while his case continued. Muravytskyy was charged in 2017 with state treason, infringement of territorial integrity, incitement of hatred, and support for terrorist organizations based on statements deemed pro-Russian for which he could face up to 15 years’ imprisonment. Some domestic and international journalist unions called for his release, claiming the charges were politically motivated.
According to the State Bureau for Investigations, as of mid-August, Russia-led forces kept an estimated 235 hostages in the Donbas region (see section 1.g.).
Civil Judicial Procedures and Remedies
The constitution and law provide for the right to seek redress for any decisions, actions, or omissions of national and local government officials that violate citizens’ human rights. An inefficient and corrupt judicial system limited the right of redress. Individuals may also file a collective legal challenge to legislation they believe may violate basic rights and freedoms. Individuals may appeal to the human rights ombudsperson at any time and to the European Court of Human Rights after exhausting domestic legal remedies.
The country endorsed the 2009 Terezin Declaration but has not passed any laws dealing with the restitution of private or communal property, although the latter has been dealt with partly through regulations and decrees. In recent years most successful cases of restitution have taken place as a result of tacit and behind-the-scenes lobbying on behalf of Jewish groups.
The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions, but there were reports authorities generally did not respect the prohibitions.
By law the Security Service of Ukraine may not conduct surveillance or searches without a court-issued warrant. The Security Service and law enforcement agencies, however, sometimes conducted searches without a proper warrant. In an emergency, authorities may initiate a search without prior court approval, but they must seek court approval immediately after the investigation begins. Citizens have the right to examine any dossier in the possession of the Security Service that concerns them; they have the right to recover losses resulting from an investigation. There was no implementing legislation, authorities generally did not respect these rights, and many citizens were not aware of their rights or that authorities had violated their privacy.
There were reports that the government improperly sought access to information about journalists’ sources and investigations (see section 2.a.).
Law enforcement bodies monitored the internet, at times without appropriate legal authority, and took significant steps to block access to websites based on “national security concerns” (see section 2.a.).
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.
Elections and Political Participation
Recent Elections: Nationwide local elections took place on October 25, with runoff mayoral elections taking place through November and December. The local elections were the first to take place after decentralization reforms devolved power concentrated at the national level to local leaders. Due to COVID-19 related restrictions, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) only sent a limited election observation mission to monitor the conduct of these elections, while other observers cancelled their missions. As of early December, the ODIHR had not released its preliminary findings on the elections.
The country held early parliamentary elections in July 2019. A joint international election observation mission by the ODIHR, the OSCE Parliamentary Assembly, the NATO Parliamentary Assembly, and the European Parliament assessed that “Fundamental rights and freedoms were overall respected and the campaign was competitive, despite numerous malpractices, particularly in the majoritarian races.” The administration of the election was generally competent and effective, despite the short time available to prepare the elections. 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.
The country held a presidential election in two rounds in March and April 2019. The joint international election observation mission assessed 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 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.”
Russian occupation authorities and Russia-led forces did not allow voting in either the parliamentary or the presidential elections to take place in Crimea or in the parts of the Donbas region under the control of Russia-led forces.
Political Parties and Political Participation: The Communist Party remains banned. Voters in 18 communities in government-controlled territories of Donetsk and Luhansk Oblasts were denied the right to participate in local elections in October due to a decision by the Central Election Commission that elections could not be held there, based on security concerns identified by local civil-military authorities. Rights groups criticized the lack of transparency and justification, as well as the inability to appeal the decision.
Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. To increase women’s representation in elected office, parliament amended the electoral code in July to require at least two of every five candidates on political party lists to be of a different gender than the other three. In the July 2019 parliamentary elections, women accounted for 23 percent of the candidates and won 21 percent of the seats. In the October local elections, women accounted for 43 percent of candidates on party lists and won approximately 30 percent of seats on local councils. No woman was elected mayor of a major city.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption. Authorities did not effectively implement the law, and many officials engaged in corrupt practices with impunity. While the number of reports of government corruption was low, corruption remained pervasive at all levels in the executive, legislative, and judicial branches of government.
The High Anticorruption Court started its work in September 2019. The court’s creation completed the country’s system of bodies to fight high-level corruption, complementing two previously created anticorruption agencies, the National Anticorruption Bureau and the Special Anticorruption Prosecutor’s Office. During the first year of its operations, the High Anticorruption Court issued 20 sentences, including 19 convictions (nine of which resulted in imprisonment) and one acquittal. Prior to the court’s establishment, general jurisdiction courts considering cases brought by the National Anticorruption Bureau and the Special Anticorruption Prosecutor’s Office issued 34 sentences, only two of which resulted in imprisonment. Although the hearing continued, on April 3, the High Anticorruption Court issued its first decision on the measure of “restraint for officials charged with top corruption,” setting bail at 80 million hryvnias ($2.8 million) for former member of parliament Maksym Mikitas. As new cases were opened, the court also set bails in the amount of 100 million hryvnias ($3.5 million) for Member of Parliament Yaroslav Dubnevych, and 120 million hryvnias ($4.3 million) for former member of parliament Olena Mazurova. It enforced penalties for violating bail terms, charging Mikitas 30 million hryvnias ($1.1 million) and former member of parliament Vadim Alperin 35 million hryvnias ($1.3 million). As of September the court’s account had 756 million hryvnias ($27 million) in bail money, more than twice its annual budget.
Despite their successes, the new independent anticorruption bodies faced political pressure from antireform elites and oligarchs that undermined public trust, raised concern about the government’s commitment to fighting corruption, and threatened the viability of the institutions. Since the inception of the anticorruption infrastructure, various political actors attempted to embed loyal agents in the institutions through legislative changes and political leverage over selection procedures or to dissolve them altogether. In this regard, human rights groups called for more transparency and impartiality respecting procedures for appointing the heads of the bodies. Current selection procedures of the new head of the Special Anticorruption Prosecutor’s Office continued at year’s end.
Human rights groups claimed another threat to the anticorruption infrastructure came from the Constitutional Court, where antireform interests exercised undue influence on judges. From August to October, the Constitutional Court ruled unconstitutional certain provisions of the National Anticorruption Bureau law, a presidential decree to appoint the bureau’s director, and certain provisions of the anticorruption legislation that established the country’s asset declaration system for public officials. The court was also reviewing the constitutionality of the High Anticorruption Court law and several other reform laws.
Corruption: While the government publicized several attempts to combat corruption, it remained a serious problem for citizens and businesses alike.
In July the former acting head of Ukravtodor, the state agency for road maintenance, Slawomir Novak, was detained in his native Poland on suspicion of corruption based on a joint investigation by the National Anticorruption Bureau and Polish authorities. According to the bureau, Novak’s activities while heading Ukravtodor during 2016-19 “were aimed at embezzling funds from international organizations that allocated money for road repairs.”
As of November the National Anticorruption Bureau had investigated 986 criminal cases with 261 billion hryvnias ($9.6 billion) of losses and 390 suspects since its inception in 2015.
Financial Disclosure: The law mandates filing of income and expenditure declarations by public officials and allows for public access to declarations and sets penalties for either not filing or filing a false declaration. By law the National Agency for the Prevention of Corruption is responsible for reviewing financial declarations, monitoring the income and expenditures of high-level officials, and checking party finances. Observers increasingly questioned, however, whether the agency had the capacity and independence to fulfill this function. On October 27, the Constitutional Court ruled certain provisions of the financial disclosure law unconstitutional and deprived the agency of most of its powers. The controversial ruling reversed a key anticorruption reform and led the president and parliament to call for the dissolution of the Constitutional Court, describing it as a threat to the country’s sovereignty and national security. In response to the ruling, the National Anticorruption Bureau closed 110 proceedings on false declarations and the High Anticorruption Court stopped 17 court cases in process. In December parliament passed legislation reinstating the asset declaration system, and President Zelenskyy later endorsed it.
On July 7, President Zelenskyy informed the National Agency for the Prevention of Corruption that he had not submitted notifications of significant changes in property status, prompting the agency to initiate administrative proceedings against him. In July 2019 President Zelenskyy bought and sold government bonds with a total value that exceeded the reporting threshold. According to the law, public officials must submit notifications of significant changes in property status to the Register of Declarations within 10 days from the time of the transaction. No such notification was received by the Register. On July 24, a court in Kyiv closed the administrative case against President Zelenskyy, noting that under the constitution, the president enjoys immunity from prosecution while in office.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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 September 21, the president signed a decree that introduced new measures for preventing and counteracting domestic and gender-based violence. The measures included increased funding and staffing of support service programs for domestic violence victims.
Domestic violence against women remained a serious problem. In the first six months of the year, police received 101,000 domestic violence complaints, which is a 40 percent increase compared with the same period in 2019. Spousal abuse was common. The HRMMU reported the spread of COVID-19 and the implementation of quarantine measures exacerbated the situation. According to the Internal Affairs Ministry, approximately 2,900 cases of domestic violence were investigated during the first nine months of the year. Police issued approximately 81,000 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 the ability of agencies to detect and report cases of domestic violence was limited.
According to the NGO La Strada, quarantine restrictions made it difficult for victims of domestic violence to receive help. From mid-March to early May–the period during which the most severe quarantine restrictions were in place–human rights groups noted a decrease in the responsiveness of police officers to cases of domestic violence. Victims 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 June 29, a 50-year-old man beat his 46-year-old wife in their home in Drohobych, Lviv Oblast. The woman sustained grave bodily injuries and later died in the local hospital. The man was arrested on murder charges and faces seven to 10 years in prison. As of mid-September, police were conducting a pretrial investigation.
According to La Strada, the conflict in the Donbas region has 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 28 shelters for survivors of domestic violence and 21 centers for social and psychological aid 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.
Reproductive Rights: The government recognizes the right of couples and individuals to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. Romani women sometimes faced barriers in managing their reproductive health, including segregation in maternity wards and other forms of discrimination. Some groups opposed contraception on religious grounds.
The government provided access to sexual and reproductive health services for survivors of sexual violence–including survivors of conflict-related sexual violence–but human rights groups said these services were sometimes unreliable and often did not reach Romani communities.
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. A 2020 UN Population Fund report found that 81 percent of surveyed married or in-union women ages 15 to 49 reported they made 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. According to a 2020 WHO World Health Statistics report, 100 percent of births were attended by skilled health personnel (based on primary data from 2010-2019); the adolescent birth rate was 19.1 percent (ages 15-19 years; based on primary data from 2010-2018); and 68 percent of women of reproductive age had their need for family planning satisfied with modern methods (based on primary data from 2010-2019).
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
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. Women experienced discrimination in pay and in access to retirement and pension benefits (see section 7.d.).
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 the Donbas region remained difficult. Authorities required hospital paperwork to register births. Russian occupation authorities or Russia-led forces 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 in territories controlled by Russia-led forces. Persons living in Crimea and parts of the Donbas had to present documents obtained in Russian-controlled territory to Ukrainian courts in order to receive Ukrainian government-issued 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 under Russian control faced serious difficulty in 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. 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 ombudsperson 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 June 25, Kyiv police officers responded to a report that a six-year-old boy had fallen out the window of an apartment. When police arrived at the boy’s home, they observed the boy’s mother and godfather were intoxicated. A search of the home and interview with witnesses led police to conclude the boy had been beaten unconscious by his godfather. The boy was taken to a hospital, where he died from his injuries one week later. Police detained the boy’s godfather and investigated the case as suspected premeditated murder.
Child, 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 rape of a minor 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 remained significantly underreported. Commercial sexual exploitation of children remained a serious problem. In late May a 44-year-old man was arrested in Vinnytsya Oblast for allegedly having filmed himself molesting his minor child and distributing the pornographic content on the internet. An investigation was still open as of mid-September.
Domestic and foreign law enforcement officials reported a significant amount of child pornography on the internet continued to originate in the country. The International Organization for Migration (IOM) reported 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, in February cyber police in the Dnipropetrovsk Oblast arrested a 59-year-old man who was suspected of the rape of a minor and the production and distribution of pornographic items. 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 2017-26 calls for the transformation of the institutionalized child-care system into one that provides a family-based or family-like environment for children. As of early 2020, the government’s progress towards this strategy was slow, with the number of children in orphanages dropping from 106,000 to 100,000 over three years. During the year, as a COVID-19 preventative measure, the government transferred 42,000 children back to families without conducting prior checks to verify family conditions. UNICEF raised concerns this action could put the children at risk of abuse.
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.
In early September the head physician of the Izmayil boarding school in Odesa Oblast was charged with molesting children under his care. Local police opened 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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.