a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There was at least one report that the government or its agents committed possible arbitrary or unlawful killings.

Human rights organizations and media outlets reported deaths in prisons or detention centers due to torture or negligence by police or prison officers (see section 1.c., Prison and Detention Center Conditions). For example on September 2, a detainee who was being held alone in a cell was found dead in Lukyanivske pretrial facility in Kyiv. According to the forensic examination, the cause of death was damage to the internal organs. Police opened a murder investigation.

There were civilian casualties in connection with the conflict in Luhansk and Donetsk Oblasts between government and Russia-led forces (see section 1.g.).

There were reports of politically motivated killings by nongovernment actors, and in one case with the alleged involvement of a parliamentary aide. For example, on July 31, an unknown person poured concentrated sulfuric acid on public activist and advisor to the Kherson city mayor, Kateryna Handzyuk, resulting in serious chemical burns to over a third of her body. Handzyuk died of her injuries on November 4. Police at first opened a criminal investigation for “hooliganism.” They later requalified the attack as “causing severe bodily harm,” and then changed it to “attempted murder.” In August authorities arrested five suspects. In November authorities arrested a sixth individual, Ihor Pavlovsky, who at the time of the attack was an assistant to Mykola Palamarchuk, member of parliament for Bloc Petro Poroshenko. Human rights groups believed that the men arrested were credibly connected to the attack but criticized authorities for not identifying the individuals who ordered the attack. On November 6, parliament formed an interim parliamentary commission to investigate the murder of Handzyuk and attacks on other activists. Activists and media questioned the committee’s ability to impartially and effectively investigate or resolve the attacks because of the alleged political connections of some committee members.

On January 2, the body of lawyer Iryna Nozdrovska was found in a river in Kyiv Oblast with stab wounds and other signs of a violent death. Nozdrovska had criticized law enforcement and court authorities while pursuing justice for her sister, who had been hit and killed in 2015 by a car driven by an intoxicated driver, Dmytro Rossoshanskiy, who was the nephew of a powerful local judge. On January 8, authorities arrested Yuriy Rossoshanskiy, the father of Dmytro, and charged him with murdering Nozdrovska. Yuriy and Dmytro Rossoshanskiy were reported to have previously threatened Nozdrovska and her mother in retaliation for their support of the case against Dmytro. Authorities referred the case for trial on August 15. Media and civil society widely criticized a lack of transparency in the investigation and noted that many questions remain unanswered about the case, including the possibility that there were other assailants involved in the killing.

Authorities made no arrests during the year in connection with the 2016 killing of prominent Belarusian-Russian journalist Pavel Sheremet. On August 2, Sheremet’s widow filed a lawsuit against the prosecutor general, alleging inaction by his office on the case. Human rights and press freedom watchdog groups expressed concern about the lack of progress in the government’s investigation, suggesting high-level obstruction or investigatory incompetence as potential reasons. Independent journalistic investigations of the killing released in May 2017 uncovered significant evidence that investigators had apparently overlooked. President Poroshenko expressed dissatisfaction with the progress of the investigation in February during a press conference.

Law enforcement agencies continued to investigate killings and other crimes committed during the Euromaidan protests in Kyiv in 2013-14. The Office of the United Nations High Commissioner for Human Rights Monitoring Mission in Ukraine (HRMMU) noted some progress in the investigation of the killings of protesters. Human rights groups criticized the low number of convictions despite the existence of considerable evidence. According to the Prosecutor General’s Office, as of late November, 279 persons had been indicted and 52 had been found guilty.

The HRMMU noted there was limited progress in the investigation and legal proceedings connected to a 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, including six prounity and 42 pro-Russia individuals. On May 30, an indictment against the former heads of the Odesa city police and the city public security department for “abuse of authority or office” was submitted to the Prymorsky district court in Odesa. The trial against the head of the Odesa Oblast police on charges of abuse of authority, forgery, and dereliction of duty in protecting people from danger continued. Observers noted that appeal proceedings challenging the September 2017 acquittal by the Chornomorsk court in Odesa Oblast of 19 defendants in the 2014 trade union building fire case due to lack of evidence appeared to be stalled.

b. Disappearance

There were multiple reports of politically motivated disappearances in connection with the conflict between the government and Russia-led forces in the Donbas region (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 as evidence in court proceedings confessions and statements made under duress to police by persons in custody, there were reports that police and other law enforcement officials abused and, at times, tortured persons in custody to obtain confessions.

In the Donbas region, there were reports that government and progovernment forces at times committed abuses, including torture, against individuals detained on national security grounds. There were reports that Russia-led forces in the so-called “people’s republics” of Donetsk and Luhansk systematically committed numerous abuses, including torture, to maintain control or for personal financial gain. According to international organizations and nongovernmental organizations (NGOs), abuses included beatings, forced labor, psychological and physical torture, public humiliation, and sexual violence (see section 1.g.).

Abuse of prisoners and detainees by police remained a widespread problem. In its report on the seventh periodic visit to the country, published on September 6, the Council of Europe’s Committee for the Prevention of Torture (CPT) expressed concern over a considerable number of recent and credible allegations from detained persons regarding excessive use of force by police and physical abuse aimed at obtaining additional information or extracting a confession.

In a report released on June 8 on his visit to the country, the UN special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (UN SRT) stated that, according to victims he had interviewed, during interrogations “police forces reportedly resorted to kicking and beating, used suffocation techniques, most notably by placing plastic bags over the head, suspension and prolonged stress position. Numerous inmates also reported having been electrocuted and, in some cases, subjected to mock executions. Several detainees showed signs of depression and post-traumatic stress disorder and some still displayed visible marks of mistreatment and torture. Others reported having been subjected to techniques of torture specifically designed to leave no marks.” On February 26, in Odesa Oblast, two patrol police detained and allegedly beat motorist Serhiy Grazhdan, claiming that he was driving drunk. According to press reports, police threw Grazhdan to the ground, handcuffed him, and beat him until he lost consciousness. When Grazhdan’s wife attempted to intervene, police threatened her with a gun. Grazhdan was taken to the hospital in critical condition. Police opened two investigations–one into the actions of the police officers and another into allegations that Grazhdan insulted and inflicted minor injuries on one of the arresting officers.

There were reports of sexual violence being committed in the context of the conflict in eastern Ukraine (see section 1.g.).

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 was a problem in some pretrial detention facilities. 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, a concern emphasized in the June 8 UN SRT report.

Physical abuse by guards was a problem. For example on June 8, staff of the Chernivtsi pretrial facility brutally beat detainees, one of whom was hospitalized in the intensive care unit of the local hospital as a result. According to the detainees’ relatives, staff allegedly beat detainees while they were handcuffed, and humiliated them by making them squat and crawl. The administration of the remand facility claimed they were attempting to put down a riot. The local prosecutor’s office conducted an investigation of the incident, which concluded that prison staff had not exceeded their authority.

There were reports of prisoner-on-prisoner violence. The CPT noted that inter-prisoner violence was a problem in all but one of the establishments it visited. For example, on August 18, staff of the Lukyanivske penitentiary facility found a 34-year-old inmate who had been beaten to death by his cellmate.

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 CPT expressed concern that prisoners in pretrial detention were generally not offered any out-of-cell activities other than outdoor exercise for an hour per day in small yards.

The quality of food in prisons was generally poor. According to the June report of the UN SRT, 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 CPT, in some pretrial detention centers, detainees did not have consistent access to food and water. According to UN SRT, 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 over-reliance on prisoners and their families to provide most of the medicines. Conditions in prison healthcare 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.

As of February more than 9,000 detainees were in Russia-controlled territory. On February 7, under the auspices of the Ombudsman’s Office, 20 prisoners incarcerated in Russia-controlled territory were transferred to penal facilities on government-controlled territory. Since 2015 a total of 198 inmates had been transferred to the penitentiary facilities in government-controlled areas.

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 Donetsk and Luhansk Oblasts located in basements, sewage wells, garages, and industrial enterprises. In most cases, these places were not suitable for even short-term detention. There were reports of severe shortages of food, water, heat, sanitation, and proper medical care. The HRMMU was denied access to detainees in the Russia-controlled territory of the so-called “Donetsk People’s Republic (DPR)” and “Luhansk People’s Republic (LPR).” The lack of access to detainees raised concerns about the conditions of detention and treatment. The UN SPT was granted access to places of detention in the “DPR” and “LPR,” but this was limited to preselected sites and he was unable to conduct confidential interviews with detainees. The UN SPT indicated that these restrictions did not allow him to fulfill his mandate in this part of Ukraine. Based upon his limited observations of official detention facilities in the “DPR,” he reported that healthcare appeared to be restricted, the quality of the food was reported to be unacceptable, and ventilation and sanitation appeared very poor. The East 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 ombudsman, 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 of 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 Ombudsman’s Office, and the UN SRT. During its May-June visit, the UN SRT also had access to a very restricted set of facilities in the “DPR” and the “LPR.”

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provides 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 in eastern Ukraine (see section 1.g.).

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs is responsible for maintaining internal security and order. The ministry oversees police and other law enforcement personnel. The SBU is responsible for state security broadly defined, nonmilitary intelligence, and counterintelligence and counterterrorism matters. The Ministry of Internal Affairs reports to the Cabinet of Ministers, and the SBU reports directly to the president. The State Fiscal Service exercises law enforcement powers through the tax police and reports to the Cabinet of Ministers. The State Migration Service under the Ministry of Internal Affairs implements state policy regarding border security, migration, citizenship, and registration of refugees and other migrants.

Security forces generally prevented or responded to societal violence. At times, however, they used excessive force to disperse protests or, in some cases, failed to protect victims from harassment or violence. For example, on June 8, a group of violent nationalists from the National Druzhina organization–established with support from the National Corps–attacked and destroyed a Romani camp in Kyiv after its residents failed to respond to their ultimatum to leave the area within 24 hours. Police were present but made no arrests, and in a video of the attack posted on social media, police could be seen making casual conversation with the nationalists following the attack.

Civilian authorities generally had control over law enforcement agencies but rarely took action to punish abuses committed by security forces. Impunity for abuses by law enforcement agencies remained a significant problem that was frequently highlighted by the HRMMU in its reports as well as by other human rights groups. The HRMMU noted authorities were unwilling to investigate allegations of torture and other abuses, particularly when the victims had been detained on grounds related to national security or were seen as pro-Russian.

While authorities sometimes brought charges against members of the security services, cases often remained under investigation without being brought to trial while authorities allowed alleged perpetrators to continue their work. According to an April report by the Expert Center for Human Rights, only 3 percent of criminal cases against law enforcement authorities for physical abuse of detainees were transferred to court. In addition, human rights groups criticized the lack of progress in investigations of alleged crimes in areas retaken by the government from Russia-led forces, resulting in continuing impunity for these crimes. In particular, investigations of alleged crimes committed by Russia-led forces in Slovyansk and Kramatorsk in 2014 appeared stalled. Human rights groups believed that many local law enforcement personnel collaborated with Russia-led forces when they controlled the cities.

Under the law, members of the parliament have authority to conduct investigations and public hearings into law enforcement problems. The human rights ombudsman may also initiate investigations into abuses by security forces.

The Ministry of Internal Affairs indicated it provides 80 hours of compulsory human rights training to security forces, focusing on the principles of the European Convention on Human Rights and Fundamental Freedoms. Law enforcement training institutions also include courses on human rights, rule of law, constitutional rights, tolerance and nondiscrimination, prevention of domestic violence, and freedom from cruel, inhuman, or degrading punishment.

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 its September report, the CPT expressed concern about a widespread practice of unrecorded detention, in particular, the unrecorded presence in police stations of persons “invited” for “informal talks” with police, and noted that they encountered 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.

According to the Association of Ukrainian Human Rights Monitors on Law Enforcement, 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. For example, according to the HRMMU, on March 12, the SBU searched the apartment of an opposition journalist in Kharkiv. SBU staff presented a search warrant but did not allow the suspect to contact a lawyer. After the SBU seized a plastic bottle with ammunition rounds which they claimed they found in the journalist’s apartment, they took him to the regional SBU department, interrogated him for 12 hours, and pressured him to cooperate with SBU. They released him later without pressing official charges.

There were multiple reports of arbitrary detention in connection with the conflict in eastern Ukraine. As of mid-August the HRMMU documented 28 cases in which government military or SBU personnel detained presumed members of armed groups and held them in unofficial detention facilities before their arrests were properly registered. According to the HRMMU, on June 16, armed men wearing military uniforms and masks stormed a house where a Russian citizen was staying. They blindfolded him and brought him to an unofficial detention facility located in Pokrovsk at a transportation company facility where he allegedly spent two days handcuffed to an iron bed. On June 18, SBU officers offered him two options, either to be placed in custody or “to disappear.” He was brought to a court hearing and then sent to pretrial detention.

There were reports that members of nationalist hate groups, such as C14 and National Corps, at times committed arbitrary detentions with the apparent acquiescence of law enforcement. For example according to the HRMMU, on March 14, members of C14 unlawfully detained a man in Kyiv Oblast who was suspected of being a member of an armed group in the “LPR.” After interrogating him while he was face down and handcuffed, C14 handed him over to the SBU.

Arbitrary arrest was reportedly widespread in both the “DPR” and the “LPR.” The HRMMU raised particular concern over the concept of “preventive arrest” introduced in February by Russia-led forces in the “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 “LPR.” During preventive arrests, detainees were held incommunicado and denied access to lawyers and relatives.

e. Denial of Fair Public Trial

While the constitution provides for an independent judiciary, courts were inefficient and remained vulnerable to political pressure and corruption. Confidence in the judiciary remained low.

Despite efforts to reform the judiciary and the Prosecutor General’s Office, 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 the inability of courts to enforce rulings.

The National Bar Association reported numerous cases of intimidation and attacks against lawyers, especially those representing defendants considered “pro-Russian” or “pro-Russia-led forces.” For example on July 27, representatives of nationalist hate group C14 attacked lawyer Valentyn Rybin, who was representing a citizen charged with separatism at the Kyiv City Appeals Court. Police opened an investigation into the incident.

TRIAL PROCEDURES

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 one provided at public expense); 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 the right to appeal.

Trials are open to the public, but some judges prohibited media from observing proceedings. 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.

Russia-led forces terminated Ukrainian court system functions on territories under their control in 2014. The so-called “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. There were nearly no opportunities to appeal the verdicts of these tribunals. According to the HRMMU, “accounts by conflict-related detainees suggest that their degree of culpability in the imputed ‘crime’ was already considered established at the time of their ‘arrest,’ amounting to a presumption of guilt. Subsequent ‘investigations’ and ‘trials’ seemed to serve merely 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 de facto authorities generally impede 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 were reports of a small number of individuals that some human rights groups considered to be political prisoners.

As of October the trial of Zhytomyr journalist Vasyl Muravytsky, was ongoing. Muravytsky was charged with state treason, infringement of territorial integrity, incitement of hatred, and support for terrorist organizations based on statements deemed pro-Russian. He could face up to 15 years of prison. Some domestic and international journalist unions called for his release, claiming the charges were politically motivated.

On February 20, the Dolyna court returned an indictment against Ruslan Kotsaba, a blogger from Ivano-Frankivsk, to the prosecutor’s office for lack of evidence that a crime had been committed. Kotsaba was not incarcerated at the time and had been released in 2016 following his 2015 arrest on charges of impeding the work of the armed forces by calling on Ukrainians to ignore the draft. During the period of his arrest, human rights groups had deemed him a political prisoner.

According to the SBU, Russia-led forces kept an estimated 113 hostages in Donbas.

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 ombudsman at any time and to the ECHR after exhausting domestic legal remedies.

PROPERTY RESTITUTION

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 the Jewish groups.

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 SBU may not conduct surveillance or searches without a court-issued warrant. The SBU 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 SBU that concerns them; they have the right to recover losses resulting from an investigation. There was no implementing legislation, and 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 some reports that the government had accessed private communications and monitored private movements without appropriate legal authority. For example on April 26, a judge of the Uzhhorod city court complained of illegal surveillance. Representatives of the National Guard who were entrusted with guarding the court premises had allegedly installed a listening device in his office. Police opened an investigation into the complaint.

There were reports that the government improperly sought access to information about journalists’ sources and investigations (see section 2.a.).

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

Russian occupation authorities did not adequately investigate cases of abductions and 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. 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.

b. Disappearance

There were reports of abductions and disappearances by occupation authorities. For example, according to the UN Human Rights Monitoring Mission in Ukraine (HRMMU), a Kharkiv resident disappeared at the Russian Federation-controlled side of the administrative boundary on April 11. The Federal Security Service (FSB) initially detained the victim without charge. Documents reviewed by the HRMMU indicated further formalized detention of the victim for 12 days, allegedly for committing an administrative offense. On the day when he was supposed to be released, he disappeared again. Despite efforts of relatives and human rights defenders to inquire about the whereabouts of the victim, the law enforcement and penitentiary institutions in Crimea failed to provide any information.

According to September data by the HRMMU, from 2014 to June 30, 2018, 42 persons were victims of enforced disappearances. The victims (38 men and four women) include 27 ethnic Ukrainians, nine Crimean Tatars, four Tajiks, one person of mixed Tatar-Russian origins, and one Uzbek. Twenty-seven were released after being illegally detained for periods lasting from a few hours to two weeks; 12 were missing and feared dead by their relatives; two were held in custody; and one was found dead. According to the HRMMU, in none of these cases have the perpetrators been brought to justice. Russian occupation authorities did not adequately investigate the deaths and disappearances. Human rights groups reported that police often refused to register reports of disappearances and intimidated and threatened with detention those who tried to report a disappearance. 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 Russian authorities in Crimea tortured and otherwise abused residents who opposed the occupation. Human rights monitors reported that Russian occupying forces subjected Crimean Tatars and ethnic Ukrainians in particular to physical abuse. For example, on June 28, members of the Russian Federal Security Service (FSB) searched Crimean Tatar activist Akhtem Mustafayev’s house and detained him. FSB officers put a plastic bag over his head and brought him to the basement of an unknown building. Unknown men beat him, forced him to his knees with his hands cuffed behind his back, and threatened that no one would ever find him. He was reportedly tortured for four hours and immediately fled for mainland Ukraine after being released.

Occupation authorities demonstrated a pattern of using punitive psychiatric incarceration as a means of pressuring detained individuals. On June 28, occupation authorities committed Crimean Tatar journalist Nariman Memedinov to a psychiatric hospital for a mental health evaluation that human rights advocates believed to be a punitive measure in retaliation for his vocal opposition to the occupation. Memedinov had previously been arrested on March 22 on terrorism charges that were widely considered to be politically motivated. The charges were based on videos he posted on YouTube in 2013 in which authorities alleged he recruited people to join Hizb ut-Tahrir, a group that is banned in Russia but legal in Ukraine. According to the Crimean Human Rights Group, as of early October, 17 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 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 HRMMU reported that detainees were often held in conditions amounting to cruel, inhuman, or degrading treatment, and that health care in prisons deteriorated after the occupation began.

According to the Crimean Human Rights group, 31 Crimean prisoners had been transferred to the Russian Federation since occupation began in 2014. 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 the Crimean Human Rights Group, at least four persons, including two Crimean Tatars, died under suspicious circumstances in the Simferopol pretrial detention center in April. On April 6, Server Bilialov and Oleg Goncharov were allegedly found hanged. On April 12, Dmitriy Shaposhnik was found hanged in a punishment cell. On April 13, Islam Iskerov was found with his throat slit in an isolation cell. The Federal Penitentiary Service Department of Russia officially confirmed three of the deaths; occupation authorities, however, did not open an investigation.

There were reports of physical abuse by prison guards. For example, on July 20, more than 70 convicts at the Kerch Penal Colony Number Two filed a complaint with prison authorities alleging systematic severe beatings and other forms of abuse at the facility. The occupation authorities’ appointed “human rights ombudsman,” Lyudmila Lubina, who was generally not considered to provide independent oversight of government actions, called the treatment of prisoners at the colony “barbaric.”

In June Crimean Tatar detainee Izmail Ramazanov filed a complaint with the European Court of Human Rights alleging inhuman conditions at the Simferopol pretrial detention center, citing overcrowding, cells covered in mold, the housing of prisoners with tuberculosis with healthy prisoners, and poor ventilation and sanitation. The HRMMU reported that detainees in the facility had to sleep in shifts due to overcrowding.

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 ombudsman,” Lyudmila Lubina, to visit prisoners, but human rights activists regarded Lubina as representing the interests of occupation authorities and not an independent actor.

d. Arbitrary Arrest or Detention

ROLE OF THE POLICE AND SECURITY APPARATUS

Russian government agencies, including the Ministry of Internal Affairs, the FSB, the Federal Investigative Committee, and the Office of the Prosecutor General applied and enforced Russian law in Crimea. 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.

In addition to abuses committed by Russian forces, “self-defense forces”–largely consisting of former Ukrainian Ministry of Internal Affairs officers allegedly linked to local organized crime–reportedly continued to operate and commit abuses. These forces often acted with impunity in intimidating perceived occupation opponents and were involved in extrajudicial detentions and arbitrary confiscation of property. The HRMMU cited the FSB as the most common perpetrator of abuses in recent years, while Crimean “self-defense forces” committed most abuses in the earlier years of the occupation.

According to human rights groups, there was total impunity for human rights abuses committed by both Russian occupation authorities and Crimean “self-defense forces.”

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 as a means of instilling fear, stifling opposition, and inflicting punishment on those who opposed the occupation. According to the HRMMU, in many cases victims were neither charged nor tried but were detained as a form of extrajudicial punishment or harassment. Detention under such circumstances usually lasted from several hours to several days, in which victims were often held incommunicado and sometimes subjected to abuse during interrogations. The HRMMU noted the prevalence of members of the Crimean Tatar community among those apprehended during police raids. Detainees were typically taken to a police station, photographed, fingerprinted, and made to provide DNA samples before being released. For example on January 25, authorities raided Crimean Tatar homes in several cities. During the raids, they arrested two Crimean Tatar activists, Enver Krosh and Ebazer Islyamov, and charged them with “propagating extremist symbols and organizations,” charges rights groups described as baseless.

There were reports that authorities arbitrarily arrested the family members of known dissidents to exert pressure on them. For example, on July 19, representatives of the FSB searched the house of the Aliev family. Their target was the daughter of Muslim Aliev, a political prisoner. The FSB brought her to the Investigative Committee in Alushta for interrogation and released her after a couple of hours.

On November 25, Russian authorities fired on and seized three Ukrainian naval ships and 24 crew attempting legally to transit the Kerch Strait. The crewmembers were brought to Kerch Prison, Crimea and then Lefortovo detention center in Moscow, where they subsequently asserted their rights to detainee status under the Geneva Convention of 1949. Russia treated them instead as criminals; a Simferopol “court” sentenced them to two months’ detention.

e. Denial of Fair Public Trial

Under the Russian occupation regime, the “judiciary” was neither independent nor impartial. Judges, prosecutors, and defense attorneys were subject to political directives from occupation authorities, and the outcomes of trials appeared predetermined by government interference. The HRMMU documented 39 cases between September 2017 and June where due process and fair trial guarantees were disregarded by Crimea occupation authorities, including judges, prosecutors, investigators, police, and FSB officers.

TRIAL PROCEDURES

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 interfered with defendants’ ability to access an attorney. For example on May 4, FSB officers detained five crewmen of a Ukrainian fishing boat near the coast of Crimea for a month and a half under inhuman conditions at the FSB border control facility in Balaklava. During their detention, the men did not have access to a Ukrainian consul or lawyers. FSB officers psychologically pressured and intimidated the men during interrogations. The crew did not have access to lawyers. The vessel’s captain, Viktor Novitsky, was charged with “illegal extraction of marine biological resources in the exclusive economic zone of the Russian federation.” No charges were filed against the other members of the crew. On September 30, they were released and left Crimea.

According to the HRMMU defendants facing terrorism or extremism-related charges were often pressured into dismissing their privately hired lawyers in exchange for promised leniency. For example the HRMMU’s September report on Crimea described three Crimean Tatar defendants who cancelled a contract with their lawyers after being prompted to do so by FSB officers and warned, through their family members, that having “pro-Ukrainian” lawyers would damage their defense.

Occupation authorities retroactively applied Russian Federation laws to actions that took place before the occupation began. The HRMMU documented at least 10 such cases since September 2017, including sentences imposed for years-old social media posts and for taking part in protest actions that occurred before the occupation began.

POLITICAL PRISONERS AND DETAINEES

Human Rights advocates estimated there were more than 60 political prisoners in occupied Crimea; the Crimean Tatar Mejlis organization claimed that by the end of the year Russia held 96 Ukrainian citizen political prisoners, of whom 63 were Crimean Tatar. Charges of extremism, terrorism, or violation of territorial integrity were particularly applied to opponents of the occupation, such as Crimean Tatars, independent journalists, and individuals expressing dissent on social media. 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.

Russian occupation authorities also transferred Crimean cases to Russia’s legal system and changed the venue of prosecution for some detainees.

On July 5, an occupation “court” in Crimea sentenced Ukrainian activist Volodymyr Balukh to five years in a penal colony and imposed a fine of 10,000 rubles ($170). The five-year sentence was the combination of a previous three year, five month sentence imposed on him in January for supposed “weapons possession,” plus additional time for allegedly “disrupting the activities of a detention center.” The January conviction resulted from a retrial after his October 2017 conviction on the same charges was overturned. Both charges were seen as retaliation for Balukh’s pro-Ukrainian views, which he displayed by hanging a plaque and Ukrainian flag in the courtyard of his house. The FSB initially detained Balukh in 2016, claiming it found ammunition and explosives in the attic of his house. Human rights defenders asserted that the material was planted. Balukh had been repeatedly threatened by authorities to remove pro-Ukrainian symbols or face prosecution. On March 19, Balukh went on a hunger strike, during which prison authorities denied him a medical examination, despite indications that his health was deteriorating. He ended his hunger strike on October 9, after being notified that he was to be transferred to the Russian Federation to serve his sentence.

On July 13, the “supreme court” of Crimea convicted Ukrainian citizen Yevhen Panov of plotting sabotage against Crimea’s military facilities and critical infrastructure. He was sentenced to eight years in a high-security penal colony. Occupation authorities arrested Panov in August 2016. According to human rights groups, the case against Panov bore signs of political motivation, including indications that Panov had been subjected to electric shocks and other forms of torture in an attempt to coerce his confession and a lack of other evidence against him.

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.

Russian occupation authorities routinely conducted raids on homes to intimidate the local population, particularly Crimean Tatars and ethnic Ukrainians, ostensibly on the grounds of searching for weapons, drugs, or “extremist literature.” The HRMMU documented 38 such searches between January and June; 30 of these concerned properties 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. According to Mejlis members, Russian authorities had invited hundreds of Crimean Tatars to “interviews” where authorities played back the interviewees’ telephone conversations and read their email aloud. 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.