Crimean Field Mission on Human Rights Brief Review of the Situation in Crimea (July-August 2014) Analytical Review TABLE OF CONTENTS І. INTRODUCTION .............................................................................................................................. 3 ІI. Problems of the Residents of Crimea ................................................................................................ 4 2.1. Civil and Polical Rights .................................................................................................................. 4 Right to Life ................................................................................................................................... 4 Right to Liberty and Security ............................................................................................................ 4 Disappearances ........................................................................................................................... 4 Interrogations and Searches ......................................................................................................... 5 Detentions .................................................................................................................................. 6 Freedom of Speech and Expression ................................................................................................... 7 Freedom of Assembly ...................................................................................................................... 8 Freedom of Association ................................................................................................................. 10 Freedom of Conscience and Religion ............................................................................................... 10 Freedom of Movement................................................................................................................... 11 Right to a Fair Trial and to an Effective Remedy ............................................................................... 13 Legal Procedure ............................................................................................................................ 15 Citizenship Issues ......................................................................................................................... 15 Voting Rights ................................................................................................................................ 17 2.2. Social and Economic Rights ......................................................................................................... 18 Property Rights ............................................................................................................................. 18 State Property of Ukraine ........................................................................................................... 18 Private and Collective Property .................................................................................................... 19 Notarial System ......................................................................................................................... 21 Freedom of Enterprise ................................................................................................................... 21 Banking System ......................................................................................................................... 22
Labour Rights and Other Social Rights ............................................................................................. 23 Right to Health Care...................................................................................................................... 24 Access to Mobile Communication .................................................................................................... 24 2.3. Position of Vulnerable Groups. Manifestations of Xenophobia .......................................................... 26 Ukrainians................................................................................................................................. 26 Crimean Tatars .......................................................................................................................... 27 Internally Displaced Persons and Refugees ................................................................................... 28 Persons Serving a Sentence ........................................................................................................ 29 Drug Addicts ............................................................................................................................. 30 Orphans and Children without Parental Custody ............................................................................ 30 III. Problems of the Residents of Crimea Who Had to Flee the Peninsula and Move to Ukraine’s Mainland (Internally Dispaced Persons) ............................................................................................................. 31 General Situation .......................................................................................................................... 31 Social and Economic Rights ............................................................................................................ 32 Right to Education ..................................................................................................................... 32 Provision of Housing .................................................................................................................. 32 Registration .............................................................................................................................. 32 Property. Banks ......................................................................................................................... 32 Business and Economic Activities ................................................................................................. 33 Employment .............................................................................................................................. 33
The monitoring review prepared with support from the “Democratization and Human Rights in Ukraine” project implemented by the United Nations Development Programme and financed by the Ministry of Foreign Affairs of Denmark
І. INTRODUCTION The present monitoring Review has been prepared by the Crimean Field Mission on Human Rights and is based on the materials collected by the Mission during its work in Crimea, as well as in Russia and Ukraine in July-August 2014. The Crimean Field Mission (hereafter – “the CFM”) commenced its work on 5 March 2014 and is generously supported by the United Nations Development Programme. The CFM is also financed by the Centre for Civil Liberties (Ukraine). The aims of the Mission are as follows: •
provision of information about the developments in Crimea;
mitigation of threats of all parties to the conflict;
maintenance of proper legal guaranties in the region, strengthening and promotion of human rights standards and effective protection mechanisms through the monitoring of the situation and verification of incoming messages about different clashes;
provision of all-encompassing assistance to the initiatives aimed at the protection of human rights of all participants of the conflict.
Emphasising that human rights remain to be a direct and legitimate concern of the international civil society while implementing the abovementioned aims, the Mission shall: •
monitor the general situation concerning compliance with the rules of International Humanitarian Law and fundamental human rights in Crimea, as well as the issues of protection of human rights defenders, journalists, lawyers, as well as public figures and ensuring their professional activities;
pay special attention to the monitoring of ethnic and religious relations;
monitor the activities of law enforcement agencies and state organs;
call on all parties of the confrontation to abide by the rules of International Humanitarian Law and obligations in the field of human rights, as well as call on international organisations and their members and participants to control the observance of such obligations.
The Mission unconditionally refuses to resort to violence or discrimination in its activities and is guided by the principles of political neutrality and adherence to law. The conclusions of the work have been made on the basis of the first-hand information (observation of the situation and developments in Crimea, interviewing the representatives of key target groups), mass media monitoring, analysis of the developments and legal basis, as well as on the basis of official statistic data. The review is prepared monthly and includes chapters on the situation with civil and political, socio-economic rights in Crimea, as well as deals with the issues of the status of vulnerable groups and manifestations of xenophobia in the peninsula. Also, the Review features the problems of the residents of Crimea who had to flee the peninsula and move to Ukraine’s mainland (internally displaced persons, hereafter – “IDPs”).
The CFM is grateful to everyone who assisted with the preparation of the present Review. The opinions, positions, and assessment contained in this Review do not necessarily represent the position of the United Nations Development Programme. ІI. PROBLEMS OF THE RESIDENTS OF CRIMEA 2.1. CIVIL AND POLICAL RIGHTS RIGHT TO LIFE Nobody has been brought to criminal liability for the murders of Reshat Ametov (body found on 15 March), Stanyslav Karachevsky, a Ukrainian Navy major (murdered on 6 April), 16-year old Mark Ivaniuk (murdered on 20 April), all committed on the territory of Crimea. The failure to act of those responsible for prosecution and the disinterest of Crimean authorities to investigate the murders creates a threat of impunity and failure to comply with positive obligations to protect the right to life. RIGHT TO LIBERTY AND SECURITY DISAPPEARANCES There is still no information about Ukrainian activists (Tymur Shaymardanov, Seiran Zynedinov, Leonid Korzh) who disappeared in May. The situation is aggravated by poorly effective actions of Crimean authorities and law enforcement bodies. The Crimean Field Mission addressed the Crimean public prosecutor’s office with the question about the disappearance of civil activists of the “Ukrainsky Dom” initiative. The public prosecutor’s office informed in response that criminal proceedings had been initiated as regards the disappearances of T. Shaymardanov and S. Zynedinov. As regards the disappearance of L. Korzh, the Simferopol Department of the Ministry of Internal Affairs of Russia had refused to initiate criminal investigation and the public prosecutor’s office forwarded the materials for additional examination (see Annex 1). Relatives and friends of the disappeared consider that law enforcement bodies and public prosecutor’s office intentionally do not take necessary actions to investigate the cases of the disappeared. A lawyer of the Shaymardanov family notices that his work is made more difficult because the majority of his requests filed with the law enforcement bodies receive only formal answers saying that criminal proceedings have been initiated and that investigation is being carried out. As regards more detailed information, he fails to obtain it. Moreover, the Simferopol Chernomorsky Bank of Reconstruction and Development, near which Tymur Shaymardanov was seen before disappearance, has not provided the video surveillance recordings to the law enforcement authorities. These recordings may contain information about the persons involved in forced disappearance of the activist. As regards the case of disappeared Seiran Zynedinov, a lawyer started respective work only in August. It was connected with consent of the relatives of the disappeared activist. Notwithstanding numerous statements of the Crimean Field Mission and mass media reports about the disappearance of the activists, a web-site of the “Ministry of Internal Affairs of the Republic of Crimea” lists only T. Shaymardanov among the disappeared, the other forcibly disappeared activists are not listed at all. Mykhail Sheremet, Vice-Premier of Crimea, received a task to learn and control the situation of the disappeared activists from Sergey Aksionov, a temporary acting head of the Republic of Crimea. Later on, Sheremet told the BBC journalists that he did not know about this situation. The CFM noted some more instances of forced disappearances in Crimea. The press service of the Ministry of Internal Affairs of Crimea informed about the disappearance of Ibrahim Musa Dzhatau, a 26-year-old student from Nigeria, on 3 July in Simferopol. He did not return to a place of his temporary residence in the evening of 3 July and his whereabouts have remained unknown ever since. The Ministry of Internal Affairs of Crimea claimed that Ibrahim Musa Dzhatau still resided in Crimea. 4
The relatives of Moskalyov Viktor Yakovlievich, born in 1948, announced that the man disappeared in Simferopol on 4 July. He was last known to quit the office in 43 Frunze Street at about 4 p.m., local time. It is known that Moskalyov was a private entrepreneur. The fate of Vasyl Chernysh, resident of Sevastopol, Automaidan activist, who disappeared shortly before the 16 March referendum, is still unknown. He was last reached on 15 March. His relatives are frightened Vasyl might not be alive anymore. Participants of Automaidan in Kyiv tell that Vasyl was an active participant of their movement. When the seizure of Crimean administrative buildings started Chernysh headed to the peninsula. Several days before his own disappearance, Vasyl helped to free Oleksandra Riazantseva and Kateryna Budko, activists of Automaidan, abducted by members of “Crimean self-defence”. Chernysh’s Automaidan fellows tell that Vasyl used to work for a Sevastopol department of the Security Service of Ukraine before 2013. He was sacked from there due to his “refusal to participate in corruption schemes.” After that Vasyl tried to regain his place at the Security Service of Ukraine through a court. INTERROGATIONS AND SEARCHES Wrongful activities of the employees of the Federal Security Service of the Russian Federation (hereafter – “the FSS”), members of “Crimean self-defence”, “community support officers” resulted in the growing concerns of local population about allegedly fabricated criminal prosecution, illegal detention, forced disappearance, use of force. Thus, Lenara Shaymardanov, a spouse of abducted activist Tymur Shaymardanov, was to come for an interrogation at investigating bodies of Crimea. However, she did not come due to the concerns that she would not be allowed to leave the peninsula for Ukraine’s mainland. Members of people’s volunteer corps (“community support officers”), the majority of whom were previously members of “Crimean self-defence”, numerously participated in illegal searches of personal belongings and documents of the residents of Crimea, sometimes using force and special tools. Thus, members of people’s volunteer corps tried to capture Igor Sanzharevsky, resident of Simferopol, and other people at a railway station on 5 July. They requested that they show passports and personal belongings for a search. The mentioned citizens approached the police to prevent the illegal actions of the community support officers. However, the policemen failed to react. After that a member of the people’s emergency corps hit Sanzharevsky’s brother on the head and shoulders with a rubber bludgeon several times. The Crimean Field Mission has learnt that infliction of a bodily harm and the police’s failure to act are being on a pre-investigatory check. On the eve of the national holidays of Ukraine (The Flag Day on 23 August and the Independence Day on 24 August) the FSS members conducted constant unauthorized interrogations of the locals without any legal grounds for that. They usually referred to the Law of the Republic of Crimea “On the Prevention of Crimes in the Republic of Crimea” that was adopted at the second reading on 8 August. The bill was presented by Natalia Poklonska, prosecutor of Crimea. Illegal interrogations were explained as prevention of terrorist and extremist activities. Moreover, on the course of the so-called “preventive talks” the FSS staff intimidated the people referring to article 280-1 of the Criminal Code of the Russian Federation (effective since 9 May 2014) on “Public Calls for Activities Aimed at Violation of Territorial Integrity of the Russian Federation.” From among the interrogated, two groups can be singled out: 1) activists and representatives of civil society organizations who openly stood for territorial integrity and independence of Ukraine both before and after the 16 March referendum; 2) users of social networks who published the information about the Flag Day and Independence Day of Ukraine, posted photos and pictures of Ukrainian flag and coat of arms on their personal pages. In some cities (Simferopol, Yalta), the FSS searched firms and enterprises working in publishing. Such searches were conducted without respective documents. They were aimed at enterprises working in
publishing to check whether those were involved in the production and dissemination of pro-Ukrainian leaflets and posters. Activists and active users of social media were invited to such “talks” via telephone or where visited at their homes without a notice, some were taken to city territorial departments of the FSS. Sometimes interrogations lasted for 6 hours with no permission to make a call or ask for a lawyer. According to activist, different kinds of psychological pressure were used in the course of interrogation: intimidation with criminal prosecution, accusations of “cooperation with “Pravyi Sector”, with terrorist and Fascist organizations, of separatism and extremism. There were instances when the FSS confiscated activists’ private property (PCs, laptops, recording devices, USBs, etc.) and threatening with criminal prosecution made activists sign a paper confirming voluntary transfer of their property to the FSS employees. A number of activists said that they had received a document forbidding leaving Crimea in the course of several days. Many activist received calls from unknown people. The latter threatened them with physical violence or criminal prosecution if the activists did not stop publishing images of Ukrainian flag and information about national holidays of Ukraine. DETENTIONS Residents of Crimea set up Ukrainian flags in different regions of Crimea (in reservation zones, on mountain tops, in parks, etc.) in honour of the National Flag Day of Ukraine on 22-23 August. A number of Crimean residents hit public places with Ukrainian flags or with the national colours of Ukraine (yellow and blue) on 23 August.
Members of “Crimean self-defence” illegally detained Serhiy Dub, head of the Adult Intensive Care Department of the Simferopol Perinatal Centre, one the National Flag Day of Ukraine on 23 August. Serhiy came to a Simferopol Taras Shevchenko monument with Ukrainian flag. Representatives of self-defence put handcuffs on him without authorization and police took them to a police station. The interrogation was conducted by a head of the Central Regional Department of Internal Affairs and one of the captains – both instructed, according to Serhiy, by a head of the “Crimean self-defence” via telephone. Serhiy said that police officers had been told to apply article 20.1 on disorderly conduct of the Code of the Russian Federation on Administrative Offences to his case. The “Crimean self-defence” accused him of using explicit language in a public place – the allegations that are denied by Serhiy and witnesses. A court hearing on his case will take place soon. On 24 August, the Independence Day of Ukraine, 8 people came to a monument erected instead of the one to Ukrainian Hetman Petro Sagaidachnyy in Sevastopol with Ukrainian flags. Soon afterwards two activists of Sevastopol Euromaidan – Victor Neganov (organiser of the meeting) and Serhiy Kornienko – were arrested by the staff of the Main Directorate for Road Traffic Safety of Russia and took to a police station of Gagarinsky district. The activists were held in Gagarinsky district police station for a couple of hours and then set free, no charge was brought against them. Victor said he was threatened with violence and was subject
to psychological pressure. During the illegal detention, the Main Directorate for Road Traffic Safety of Russia staff took passports and car keys (for more details please see Freedom of Assembly). It is also reported that the second activist, S. Kornienko, felt sick during the arrest, but police officers refused any medical help to him. Eventually Kornienko fainted and only afterwards medical involvement was permitted. Both activists filed a complaint regarding the actions of police officers with the Committee of Inquiry of Russia in Sevastopol. FREEDOM OF SPEECH AND EXPRESSION The freedom of speech continued to be suppressed in Crimea during July-August, in particular the pressure on Crimean Tatar and Ukrainian media became more acute. There was also one instance when the rights of Crimean journalists were violated by “Pravyi Sector.” Seitisliam Kishveev, a head of the Creative Association of Crimean Tatar broadcasts of the State TV and Radio Broadcasting Company “Crimea”, was sacked on 25 June. According to Seitisliam, his dismissal was motivated by the absence of literal translation of the programs from Crimean Tatar into Russian. However, Kishveev said that the governing body of the State TV and Radio Broadcasting Company “Crimea” had not provided respective equipment and qualified translator. The dismissal was enacted pursuant to paragraph 3 of article 40 of the Labour Code of Ukraine (systematic default of an employee of his obligations without reasonable excuses) on the basis of the “results of internal investigation.” Shevket Ganiev, an editor of the Creative Association of Crimean Tatar programs of the State TV and Radio Broadcasting Company “Crimea”, was also sacked on 25 June. He received the very same order as Kishveev did, referring to paragraph 3 of article 40 of the Labour Code of Ukraine. However, it was granted to Ganiev that he would be resumed his post afterwards. The dismissal of the Creative Association of Crimean Tatar programs of the State TV and Radio Broadcasting Company “Crimea” staff is conducted pursuant to Ukrainian laws because the activities of this enterprise are governed by the laws of Ukraine pursuant to the regulation on transition period. It is planned that the Creative Association of Crimean Tatar programs of the State TV and Radio Broadcasting Company “Crimea” will be liquidated and reorganised pursuant to the laws of the Russian Federation. Shevket Kaibullaev, a chief editor of a Crimean Tatar newspaper “Avdet”, was called to the FSS on 29 July. He was told there that the FSS had received an appeal from Rinat Shaimardanov complaining that the newspaper had published extremist materials. He listed the decision of the Mejlis to boycott the elections to Crimean parliament among such. According to Kaibullaev, the FSS made it clear to him that that document could incur serious implications. The newspaper “Avdet” is an official printed outlet of the Mejlis of the Crimean Tatar People and has been published since July 1990. The property of the Chornomorska TV and Radio Company (hereafter – the “ChTRC”) in Crimea was arrested on 1 August. A plaintiff was the Radio and TV Broadcasting Centre of Crimea (hereafter – the “RTBCC”). Chornomorska TV and Radio Company has a debt that formed before the annexation of Crimea. It owes the RTPTs more than one million UAH. According to Lyudmyla Zhuravliova, an acting president of the ChTRC, a suit of the RTBCC of Crimea to the Chornomorska TV and Radio Company has not been adjudicated by a district court. However, all the property and equipment of the TV and Radio Company was arrested, thus actually preventing it from functioning. Zhuravliova also noted that the ChTRC has a counter-action to the RTBCC concerning unlawful use of private property, namely of transmitters and frequencies. The RTBCC has been retaining 13 transmitters that belong to the Chornomorska TV and Radio Company since March 2014. The premises of the enterprise were for some time occupied by members of the Crimean “self-defence”. They did not allow in journalists of the Centre of Journalistic Investigations that rented part of the ChTRK premises. Access was granted some time later, however, a part of equipment of the Centre of Journalistic Investigations had disappeared, presumably with the property of the TV and Radio Company that was confiscated by bailiffs (see Annex 2). The Chornomorska TV and Radio Company eventually transferred to the Radio and TV Broadcasting Centre of Crimea the sum indicated in the suit of the enterprise as a debt for the rendered services, although it still regards the debt as the one that has no grounds. The Commercial Court of Crimea refused to adjudicate a
suit of the RTBCC against the ChTRC due to a “willful debt payment.” Also, the court decided to cancel provisional remedies, i.e. to release the property of the TV Company. The ChTRC declared that it intended to get the equipment back. Also, the Chornomoprska Company filed a complaint with the Federal Bailiff Service concerning their illegitimate actions. Ismet Yuksel, a coordinator of information agency “Crimean News” (QHA), advisor of the Speaker of the Mejlis of the Crimean Tatar People, member of the Union of the Turkic Journalists, was denied the access to Crimea for 5 years on 9 August 2014. He received respective notification on Crimean border, when he returned with his family via Kyiv from a holiday in Turkey where they had celebrated Eid al-Fitr. Members of the border control service kept Ismet Yuksel’s car for more than an hour and a half. He received a notification he was banned to enter the Russian Federation until 30 June 2019. Ismet Yuksel refused to sign it. The Permanent Commission on Rule-Making, Organization of the Work of the State Council and Public Relations annulled the accreditation of Shevket Nemattulaiev, a journalist of the ATR TV channel, on 11 August because he had failed to stand up when the state anthems of the Russian Federation and the Republic of Crimea were performed (see Annex 3). On 24 August, Ievgeniya Koroliova and Maksym Vasylenko, journalists of “Crimean Telegraph”, were forced to leave a bus and were detained by members of “Pravyi Sector”. They were suspected of spying and cooperation with the Donetsk People’s Republic (hereafter – the “DPR”). Prompt intrusion of the CFM and other civic organizations (including “Donbass-SOS”) contributed to objective settlement and the journalists were released in 24 hours. The “Pravyi Sector” representatives returned all takes equipment and property, pardoned and compensated travelling expenses for the return to Crimea. FREEDOM OF ASSEMBLY Federal laws of the Russian Federation apply to legal relations on the territory of Crimea, including the norms on the freedom of peaceful assembly. The Russian law “On Making Amendments to Some Legislative Acts of the Russian Federation to Improve the Legislation on Public Events” as approved by the Federation Council on 9 July will become effective in July. The law introduces criminal responsibility for repeated violations of organization and holding mass events. Repeated violation of the set organization and holding an assembly, rally, demonstration, march or piquet is punishable with a fine from 600,000 to 100000 Rubles or with a fine amounting to a salary or another income of a convict for the period from two to three years. Obligatory works up to 480 hours, or corrective work from two to three years, or compulsory works up to five years or deprivation of liberty for the same period are among other options of punishment. Only those you violated article 20.2 of the Code of Administrative Violations of the Russian Federation “Violation of the set organization or holding an assembly, rally, demonstration, march or piquet” more than twice in half a year will be held criminally liable. The maximum term of administrative arrest has been increased to 30 days. The current term is 15 days, 30 days can be resorted to only in case of a violation of the emergency regime or legal regime of a counterterrorist operation. The sanctions for repeated insubordination to a legitimate decision of a police officer, military officer, the FSS or the Federal Protective Service, if a violation was committed by an organizer or a participant of a rally, were toughened. Organizers of public events are under responsibility to prevent such events where citizens use weapons, objects or substances that may pose danger to life, health, security, property of the citizens. Moreover, a ban on the attendance of public events with children under 14 has been introduced. The State Council of the Republic of Crimea adopted a Law “On Ensuring the Conditions for the Realization of a Right of the Citizens of the Russian Federation to Hold Meetings, Rallies, Demonstrations and Piquets in the Republic of Crimea” that substantially limits the freedom of assembly on 8 August. The Law requires that a written notification is submitted to a body of local self-government of municipal education not earlier than 15 days and not later than 10 days before a day a public event takes place. Specially designated places as determined by the Council of Ministers of the Republic of Crimea pursuant to the Federal Law “On Assemblies, Rallies, Demonstrations, Marches and Piquets” are introduced for holding peaceful assemblies. The Law incorporates a number of formal requirements that in practice permit bodies of local selfgovernment to limit or forbid holding peaceful assemblies.
There were a number of violations of the freedom to peaceful assemblies during 23-24 August. This happened due to a couple of important dates: 23 August – the European Day of Remembrance for Victims of Stalinism and Nazism and the State Flag of Ukraine Day; 24 August – Independence Day of Ukraine. It was forbidden to the Crimean Tatar civic organization “Kardashlyk” to hold the European Day of Remembrance for Victims of Stalinism and Nazism mourning rally in Gurzufska St. in “Salgirka” park on 23 August. The authorities explained their refusal with “excessively hot weather.” This refusal violates not only article 11 of the European Convention on Human Rights, but also the rules of Russian law, namely part 3 of Article 12 of the Federal Law of the Russian Federation “On Assemblies, Rallies, Demonstrations, Marches and Piquets.” The Law provides that a body may refuse to negotiate an event only if a person who submitted an application is not entitled to hold it pursuant to the law, or if a person would like to hold a public event in a place where holding such events is forbidden. The organizers of a mourning rally did not violate these norms. They submitted a notification about the upcoming event to the Simferopol City Council on 13 August, however, 10 days later it was forbidden to them to hold a meeting due to hot weather that, according to local authorities, can aggravate the way the participants of a rally feel (see Annex 4). According to the information that we currently possess, the option of a court appeal of such refusal will be discussed at the next session of the Mejlis of the Crimean Tatar People. On the eve of the national holidays of Ukraine (23-24 August), the FSS of Russia held a course of the socalled preventive talks with the view to preventing peaceful assemblies dedicated to the mentioned dates. Activists and leaders of pro-Ukrainian organizations were intimidated with criminal prosecution. The number of policemen and members of an illegal armed entity “Crimean self-defence” that had previously been used for dispersal of pro-Ukrainian rallies and prevention the work of journalists was increased in Crimean cities and near the monuments of prominent Ukrainians since 22 August. Thus, on 24 August a Simferopol monument to Ukrainian poet Taras Shevchenko was surrounded by law enforcement authorities and “Crimean self-defence”, a water-cannon was stationed in a park nearby. Representatives of “Crimean self-defence” threatened the numerous citizens who came to the monument with a view to intimidating them and preventing mass gatherings of people in the park. It was forbidden to people to come to the monument in big groups, only the groups of one-two people were permitted, it was forbidden to stay near the monument for long, to take pictures and film videos, the journalists who wanted to cover the event were prevented from doing it. Several organizers of peaceful assemblies in Crimea in honour of the Independence Day of Ukraine were subject pressure and persecution by security forces and local authorities. Thus, after such assembly in Sevastopol the Main Directorate for Road Traffic Safety of Russia detained Victor Neganov, an organiser. Neganov reported that he had been subject to physical violence, death threats and criminal persecution. After he had been freed, the pressure continued. He was threatened with a criminal case pursuant to article 280 reference 1 of the Criminal code of the Russian Federation “Public Calls for Activities Aimed at Violation of Territorial Integrity of the Russian Federation”, however, there had been no such calls during the peaceful assembly. V. Neganov as an organiser of the assembly had to flee Crimea due to politically motivate persecution. Sevastopol police forbade civic organization “Let’s Protect Sevastopol” to hold an anti-corruption assembly in Nahimov Square. Vasiliy Fedorin, the Chair of the organization, reported that his organization “Let’s Protect Sevastopol” had notified the Sevastopol authorities about an upcoming assembly to be held on 26 August at 6 p.m. pursuant to the prescribed procedure. It was proposed to V. Fedorin to change the location of the assembly from Nahimov Square to Hrustalnyy Cape to the monument to a Soldier and a Sailor, however, he refused. There was no refusal about holding an assembly. On 25 August V. Fedorin received a call from a Sevastopol policeman. The latter informed Fedorin that the assembly would be regarded as illegal because an auto moto show would be held in Nahimov Square at the same and the assembly would stand in its way. Given such informal prohibition, representatives of “Let’s Protect Sevastopol” decided to hold an individual piquet at the time they applied for. Participants hit the Square with a poster saying “Land mafia is immortal” thus accusing Yuriy Doinikov, a chair of the “Legislative Assembly”, in machination with land plots. The piquet lasted about an hour.
FREEDOM OF ASSOCIATION The pressure on members of Crimean Tatar and Ukrainian communities is also possible due to the violation of freedom of association when it comes to associations of ethnic character. Thus, the Crimean public prosecutor’s office informed charity organization “Crimea Fund”, founded by Mustafa Dzhemiliov, leader of Crimean Tatars, about the necessity to submit the reports about the activities of the organization since the day of its incorporation. The reports were to be submitted in the course of one day that, of course, was not feasible. Such requirements contravene even Russian laws. Members of the organization believe that in such a way the authorities try to create a formal pretext for suspension of the activities of the Fund and for pressure on the Mejlis of the Crimean Tatar People. The all-Ukrainian society “Prosvita” named after T.G. Shevchenko suspended its activities in Sevastopol (it functioned there since 1989). A Russian regional department of “The Union of Ukrainians of Sevastopol “Prosveshchenie” was created on the basis of material and technical basis of “Prosvita”, The “Union” is controlled by Sevastopol authorities and does not have a chance to conduct independent informational and cultural activities. Crimean authorities intend to liquidate the All-Ukrainian Informational and Cultural Centre by passing it to the “State Committee on International Relations and Deported Citizens” and creating a new institution on its basis. The All-Ukrainian Informational and Cultural Centre functioned since 1996 as a state organization in Simferopol and organized informational and cultural activities with a view to the revival and development of cultures of different peoples of the peninsula. The National Union of Writers of Ukraine (hereafter – the “NUWU”) cannot continue its activities in the A.P. Chehov House of Writer’s Creative Work in Yalta. These premises were used by the firm “Rosichi” of Volodymyr Sayenko, the deputy head of the Trade Unions Federation of Ukraine on the basis of lease agreement for long. The agreement expired in 2013. The NUWU did not prolong the agreement, it concluded a new agreement with a new firm, however, “Rosichi” failed to free and return the premises. The parties initiated a court case with subsequent forceful occupation of the premises even before the annexation of Crimea. The NUWU representatives tried addressing the current authorities of Crimea, but the situation has only aggravated. According to Mykola Grytsyk, the chair of the Property Management Directorate, a new enterprise was established in Crimea. Together with the armed men it occupied the A.P. Chehov House of Writer’s Creative Work in Yalta. According to Grytsyk, the armed men entered the building, requested that all the employees lie down the floor, broke the doors and took the property. No employee of the Chehov House is permitted to enter it after the accident. The NUWU addressed the “Ministry of Justice” and “Council of Ministers” of Crimea. However, their application was denied further consideration due to the fact that the documents were submitted in Ukrainian. FREEDOM OF CONSCIENCE AND RELIGION The biggest number of violations of the freedom of conscience and religion are committed with respect to Muslims and followers of the Ukrainian Orthodox Church of the Kyivan Patriarchate. The activities aimed at the liquidation on the eparchy of the Ukrainian Orthodox Church of the Kyiv Patriarchate (hereafter – the “UOC-KP”) are being carried out in Crimea. As the CFM was informed by archbishop Kliment who manages the Crimean eparchy, churches of the UOC-KP were closed in Sevastopol, Krasnoperekopsk, Kerch and Perevalne village of Simferopol district. The archbishop is currently trying to preserve the church in Mramornoe village. The church is private property, but it is subject to attempts of occupation and forcible transfer to the Moscow Patriarchate. Moreover, the archbishop is concerned that the church in Mramornoe village can be burned down the way a cottage of the archbishop in the very same village was. A rally “against the war in Donbas” controlled by members of the “Crimean self-defence” was held near the Cathedral of Equal-to-the-Apostles Volodymyr and Olga of the UOC-KP in Simferopol on 6 July. Archbishop Kliment and his parishioners had reasons to be concerned that a rally controlled by the “Crimean selfdefence” could turn into attempts to seize the Cathedral. It made archbishop Kliment file an application with the police about a possible attempt to occupy the Cathedral. However, the police ignored his application. The archbishop is sure that those actions were aimed at intimidating his parishioners.
Popes of the Ukrainian Orthodox Church of the Kyivan Patriarchate are subject to constant pressure by the FSS of Russia and local authorities (for more details please see “Position of Vulnerable Groups”). Moreover, in answer to its June application to the Crimean public prosecutor’s office regarding an attack at parishioners of the church in Perevalne village, the CFM received a notice saying that “pursuant to the results of examination it was decided not to open criminal investigation. The prosecutor’s office of Simferopol district canceled the mentioned decision and the materials were sent for further examination” (see Annex 1). The actions of law enforcement borides and prosecutor’s office actually grant impunity to those who committed offences with regard to the UOC-KP. The majority of Turkish religious activists fled Crimea due to the fear of the Russian laws prohibiting “missionary” activities of foreigners. The teachers of Islam worked on the peninsula before in accordance with the program of the Department on the Issues of Religion of the Republic of Turkey in Crimea before that. The teachers had to leave the peninsula because they failed to prolong their residence permit. According to the Department on the Issues of Religion of the Republic of Turkey in Crimea, there are five teachers who left in Crimea and they will stay there until their residence permit expires. Mosques and other buildings of cult and educational establishments for Muslims are subject to constant searches with a view to discovering there Islamic literature included in the Federal List of Forbidden Extremist Materials in the Russian Federation. Muslim leaders and directors of madrasahs (educational institutions for Muslims) are also subject to such illegal searches. A director of madrasah was found guilty in keeping extremist materials by a court in Dzhankoy district of Crimea on 27 August. The press-office of the Crimean public prosecutor’s office informed that the prosecutor’s office and the FSS had conducted a number of operations on the educational establishment. In the course of such operations it was established that the religious educational establishment, its library in particular, had books included in the Federal List of Forbidden Extremist Materials. The court fined the director for 2,000 Rubles and confiscated “extremist materials.” A subject “The Basics of Orthodox Culture” was included to the curriculum of school No. 2 of Belogorsk where 40% of pupils are Crimean Tatars. According to Safura Kadzhametova, the Chair of the Association of Crimean Tatars Working in Education, the mentioned subject is not obligatory and is included to the curricular only upon the request of parents. However, Kadzhametova does not exclude that given the ignorance of parent the subject may enter permanent curriculum at some schools. The CFM established that after the issue was widely covered in mass media the school’s administration informed the parents that there had been a mistake and that the subject would be called “The Basics of Religious Cultures” and respective textbooks would be soon provided. The Tauric Muftiate – the “Central Spiritual Department of Crimean Muslims” – was established on the basis of the “Spiritual Centre of Crimean Muslims” that united members of Al-Ahbash in Crimea in August. Previously the interests of the majority of Muslims were represented by the Spiritual Department of Crimean Muslims (hereafter – the “SDCM”). Representatives of the SDCM consider that the Tauric Muftiate was established with involvement of the Russian authorities. The Tauric Muftiate said that it was supported by Muslims from other regions, in particular by Talgat Tadzhuddin, the Head Muftiate of Russia, the Chair of the Central Spiritual Department of Muslims. The creation of an alternative spiritual institution for Crimean Muslims may lead to the division between the Muslims of the peninsula and recession of the influence of the SDCM. Both implications can be used by local authorities to undermine the consolidation of Crimean Tatars. FREEDOM OF MOVEMENT A fair amount of violations of the freedom of movement was committed by members of border control at the check-point to and from Crimea. The CFM determined illegal actions of Russian border guards in Dzhankoy on 1 July. Following the order of Senior Lieutenant Reshetnokov, they made Edem Semedliaev, an activist of a civic organization “Human Rights Movement of Crimea”, leave the train going from Simferopol to Kyiv. The border guards refused to explain the reasons of such actions and provide a procedural document permitting such actions. Emil Kurbedinov, a lawyer of the mentioned organization, that travelled together with guards, told the CFM
that Semedliaev and he had been taken to a separate wagon standing aside with thirty more people in it. Those people were also asked to leave different trains that circulated that day. The sanitation of the wagon was poor indeed, the temperature exceeded the permitted norm because the wagon was stationed under direct sunshine. Russian border guards later admitted that they had asked Edem Semedliaev, an activist of a civic organization “Human Rights Movement of Crimea”, to leave his train in Dzhankoy by mistake. According Emil Kurbedinov, a lawyer of the mentioned organization, they were not presented with the documents explaining the conduct of border guards. It was explained to them in oral that “a mistake had occurred” and that they could take another train, but in a worse wagon and with additional payment of 500 UAH. Protracted examinations of Russian border guards at automobile check-points (Chongar, Armiansk) caused huge queues. People spend up to 11 hours at Chongar check-point, where the daily temperature rises up to +40 C. The most difficult situation with permissions for cars to pass is in “Kerch” port where the cars are ferried from continental Russia to the peninsula. People are queuing here for up to 3 days. There were instances of fainting, sunstrokes, exacerbation of heart diseases among of those waiting, as well as one death. Moreover, given the long queues and border control, Russian border guards have numerously demanded bribes from the drivers (up to 1,000 Rubles from a motor car and up to 10,000 from a truck). At railway and car check-points, Russian border guards do not allow citizens of Ukraine to leave Crimea if they do not have a recent photo in their passports to be made when a person turns 25 and 45. Territorial departments of the Migration Service of Ukraine that provided all passport cervices to citizens of Ukraine discontinued their activities in Crimea after 16 March 2014. In means that citizens of Ukraine can have a new photo updated in their passports in Ukraine’s mainland only. These citizens of Ukraine are thus deprived by Russian border guards of the possibility to leave Crimea that turns out to be a grave violation of the freedom of movement. Moreover, there were instances when children under 14 and under 16 were denied a chance to leave Crimea. Russian border guards demanded that such children presented their passports because the Russians receive passports as soon as they are 14. However, Ukraine issues the passports to its citizens only when the latter turn 16. Thus, the Russian border guards use formal reasons to gravely violate the freedom of movement of those who are under the age. Russian border guards banned entry to Crimea to Refat Chubarov, the Speaker of the Mejlis of the Crimean Tatar People, on the border between the Kherson region and Crimea. Natalia Poklonskaya, the Prosecutor of Crimea, said that Chubarov was banned from entering Crimea for 5 years. Mustafa Dzhemiliov, the leader of the Crimean Tatar people, was also banned from entering Crimea. Thus, the principal leaders of the Crimean Tatars people have been deprived of the possibility to be in Crimea, where their indigenous people live, and to represent the interests of their people. The Crimean Field Mission has also received numerous complaints about the actions of the representatives of the Ukrainian Border Services working at the railway check-points (Melitopol, Novoalekseevka). Citizens of Ukraine, heading from Crimea to continental Ukraine, and wo do not have a passport of a citizen of Ukraine indicating registration of their residence in Crimea are asked by Ukrainian border guards to leave a train and go back to the peninsula. Ukrainian border guards put their actions down to enhanced border control due to the anti-terrorist operation, special requirements to males from 16 to 60, some orders of the Governments, requirements to submit written evidence of the aim of a trip, etc. However, no respective legislative acts were adopted by Ukraine, the mentioned actions of Ukrainian border guards violation of article 10 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and L egal Regime on the Temporary Occupied Territory of Ukraine”. Pursuant to this Law, citizens of Ukraine may freely cross the check point from/ to Crime, subject to a Ukrainian passport possession. Thus, Oleg Levchenko who works for “Novyi Kanal” and who was travelling from Crimea to Kyiv was asked to leave the train in Melitopol on 12 August. the reason being his Crimean registration as indicated in the passport. Notwithstanding the fact that Oleg had a certificate confirming his employment at “Novyi Kanal”, the employees of the Ukrainian Border Services asked him to demonstrate a certificate from the human resources department of the company he worked for. As he did not have such a certificate with him at the time, he was requested to leave the train. Levchenko had to leave the train in Melitopol railway
station. However, the shift boss there begged him a pardon and admitted his employees had failed to examine to issue profoundly and jumped the gun the decision. Levchenko had to change several times to finally get to Kyiv, however, he does not intend to file a complaint about the actions of Ukrainian border guards. Moreover, Ukrainian border guards asked one of the Euromaidan activists, who had to fee Crimea because of persecution and threats of violence, to leave the train in Melitopol on 22 July. The activist possessed a Ukrainian passport with Crimean registration, did not carry any forbidden objects and did not commit any violations. However, Ukrainian border guard requested him to leave the train and checked that he took a train back to Crimea, to Dzhankoy, contrary to Ukrainian laws. It was only after the interference of the CFM and the Ukrainian Parliament Commissioner for Human Rights that the activist was allowed to Ukraine’s mainland through Melitopol during his second attempt to leave the peninsula. The same situation happened to another citizen of Ukraine residing in Crimea on 25 July. He was asked to provide a written confirmation of his aim to go to Kyiv. Ukrainian border guards finally allow him go upon the interference of the CFM. However, the person had to spend a couple of hours at the Melitopol railway station and to head to Kyiv by another train that arrived later. The Crimean Field Mission received According to themthe Ukrainian border guards intimidated them with non-existent norms of Ukrainian laws prohibiting the entry of males who are registered in Crimea while asking for bribes. Respective complaints have been filed with the Prosecutor General’s Office and with the State Border Services of Ukraine. Natalia Yegorova and her son, residents of Crimea, where denied boarding a plane in Boryspil airport. The reason for such actions was the consent of the father permitting the child to leave Ukraine that was notarized by a Crimean notary using a Ukrainian form and Ukrainian seal. The father of the child refused to go to Ukraine to notarize his consent. That is why the mother had to notarize it in Crimea. However, the border guards refused to accept such a document because the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and L egal Regime on the Temporary Occupied Territory of Ukraine” considers all papers issued in Crimea null and void. The previous report of the CFM mentioned the difficult situation of Nina Dovbysh, a mother of a proUkrainian activist in a difficult condition caused by cancer. She had lost her Ukrainian passport and because of that Russian border guards refuse to allow her to continental Ukraine where her son resided. Ms. Dovbysh had thus to apply for a Russian passport. However, the Russian passport issued in Crimea is regarded invalid pursuant to Ukrainian law. This made Ukrainian border guards refuse her to enter Ukraine’s mainland. The CFM addressed the Ukrainian Parliament Commissioner for Human Rights with a request to immediately react to the situation of Nina Dovbush and facilitate her passage of the Ukrainian Border Control Services. Eventually, Mrs. Dovbush crossed the check-point in Novoalekseevka and finally entered Ukraine’s mainland (see Annex 5). The representatives of the “Crimean self-defence” are involved in many instances of violations of the freedom of movement. The “Crimean self-defence” blocked streets, entrances to and exists from public gardens and parks, especially during 23-24 August. The representatives of the “Crimean self-defence” significantly restricted the traffic and movement in the main square of Simferopol on 5 July without any prior notice. On 3 July, the deputies of the so-called legislative assembly of Sevastopol adopted the Law “On the Prevention of Neglect” that introduces curfew in the city. Children who have not reached 14 may not be outside after 9 p.m. without adults, and children who have not reached 8 may not be outside without parents. The movement of the residents between 14 and 18 years old is restricted after 10 p.m. Compliance control is entrusted with policemen and internal troops patrols. RIGHT TO A FAIR TRIAL AND TO AN EFFECTIVE REMEDY Ukrainian director Oleg Sentsov, Oleksandr Kolchenko, Gennadiy Afanasiev and Oleksiy Chyrnyy, detained on 11 May on suspicion of terrorism and cooperation with “Pravyi Sector”, remain in Moscow. The Ministry of Foreign Affairs of Ukraine issued numerous notes regarding illegal detention of the activists, the violation of their right to a fair trial and effective remedy, the violation of diplomatic norms by the Russian
Federation. Respective appeals have been made by Ukrainian diplomats and international community. However, Russia still refuses to grant to the Ukrainian party the chance to visit the detainees that are still in a Moscow pre-trial detention centre. Dmitry Dinze, a lawyer of Oleg Sentsov, said the European Court of Human Rights requested Russia in July to submit the documents that can help to appeal the restraint measure determined by a Russian court for Oleg Sentsov. The documents will enable the ECHR to review the grounds and conditions of Sentsov’s arrest and to take into account the use of torture with respect to him. The Lefortovsky court of Moscow prolonged Sentsov’s arrest till 11 October. The court has also prolonged the arrest of Oleksandr Kolchenko till 16 October. Both detainees do not consider themselves guilty. Svitlana Sydorkina, a lawyer of Oleksandr Kolchenko, appeled the decision of the court, however, her complaint was declined. After the hearing in August, Volodymyr Somahin, a lawyer of Oleg Sentsov, said that a restraint measure in the form of arrest was illegally applied to his client. It is so because at the first stage, when a restraint measure was determined, the first decision of the Simferopol Kyiv district court regarding a restraint measure was illegal. There is no evidence that the judge who rendered that judgment was a Russian citizen at that moment to be able to adopt the decisions in the name of the Russian Federation. There are reasonable doubts that he knows Russian laws or was sworn in a judge. The same applies to prosecutor Natalia Poklonskaya who also took part in the mentioned hearing. Moreover, the interests of Sentsov were then represented by one of Simferopol lawyers who, according to Somahin, did not did not have a license having not passed qualification exams on the laws of the Russian Federation. The violation of procedural rules is a violation of a right to a fair trial. A civil movement organized by friends and relatives of Sentsov started in Crimea. The same situation arose with respect to the other detainees. The Crimean FSS organizes interrogation of the directors of “Karman” art-centre who are friends of Sentsov. The latter are suspected in terrorism and affiliation with the so-called “terrorist group of Sentsov.” During the interrogation of Galyna Dzhykaeva who heads the centre she was subject to pressure with a view to making her provide the evidence against Sentsov. Given the threat she received from the FSS, Galyna Dzhykaeva had to flee Crimea. The described actions of the FSS indicate that the materials of the criminal case that are being prepared by the FSS in Crimea could be fabricated. The fabrication of the materials of the criminal case proves that Sentsov is not guilty and indicates that he was deprived of a right to a fair trial. Such actions require that the facts of psychological and other forms of pressure on Galina Dzhykaeva and other acquaintances of Sentsov by the FSS of Russia and the FSS of Russia in Simferopol be immediately investigated. However, no respective reaction of the Russian authorities has followed. A resident of Yalta hoisted the state flag of Ukraine on the top of the building of the city administration on 14 July. The man was soon captured by the police and the search of his house to determine whether he was affiliated with the “Pravyi Sector” followed the next day. The prosecutors’ office intends to hold the man accountable pursuant to article 329 of the Criminal Code of the Russian Federation “Outrage upon the state flag of the Russian Federation,” that prescribes imprisonment for up to one year. However, the actions of the detainee do not indicate of any outrage. The latter, to be constituted, needs to involve some physical with respect to a state symbol, and the replacement of a flag with another one does not constitute a socially dangerous misconduct. A criminal punishment is too severe a measure and indicates the partiality of the prosecutor’s office and political nature of the persecution. The relatives of the detained refuse to comment as they are worried about the pressure from a prosecutor’s office and law enforcement agencies. As Crimean authorities apply the laws of the Russian Federation and as the Russian authorities are trying to include Crimea to their jurisdiction, the residents of Crimea, including lawyers, local self-government bodies are not read in the Russian laws. It resulted in a situation when resident of Crimea could not receive legal aid which is a violationof the right to an effective remedy. The legal aid offices providing free legal aid were opened in Simferopol and Kerch in July only.
LEGAL PROCEDURE The judges who were appointed pursuant to the laws of Ukraine continue working in Crimea without being sworn in. These judges are still citizens of Ukraine but they render the judgments in the name of the Russian Federation. The judges have not passed re-certification, have not passed the exams on Russian law and continue to practice as judges. Pursuant to the laws of Ukraine, the cases that fell under the jurisdiction of Crimean courts are now subject to the jurisdiction of the courts of Kyiv. However, the Crimean courts continue adjudicating the started cases . It results in the situation when the same case is simultaneously adjudicated in Ukraine’s mainland and in Crimean courts. Decisions of Ukraine’s mainland courts rendered with respect to people residing in Crimea are not implemented on the territory of the peninsula. The state assembly of Crimea adopted the Law “On Magistrates of the Republic of Crimea” on 8 of August. Pursuant to the Law, the magistrates are judges of the general jurisdiction of the Republic of Crimea and are part of the judicial system of the Russian Federation. CITIZENSHIP ISSUES In July, the press-service of the Federal Migration Service of Russia announced it had issued over 1,5 million passports. This information does not seem real because there are slightly more than 2 million of people in Crimea. Even many of those who applied for a Russian passport have not received it yet. Moreover, there are still many people who do not want to take a Russian passport. That is why the data on the issued Russian passports is intentionally exaggerated. The Federal Migration Service bodies in Crimea continue issuing Russian passports in violation of the Decree of the Government of the Russian Federation of 8 July 1997 No. 828 “On the Approval of the Regulations on a Passport of a Citizen of the Russian Federation, Sample Form and Description of a Citizen of the Russian Federation.” The Federal Migration Service is indicated as an issuing body, but pursuant to Russian laws passports may be issues only by territorial authorities of the Federal Migration Service in accordance with a place or residence, whereabouts or place of application for a passport pursuant to the procedure established by the Federal Migration Service (see Anne 6). That is why such passports may be considered invalid on the territory of the Russian Federation because they do not indicate an issuing body as required by the law. The people who had their passport issued in Crimea, face a number of difficulties, crossing the border being one of those, due to non-correspondence of the region code with issuing authority.. The Federal Migration Service of Russia is constantly reducing the period of issuing a Russian passport. Thus, Konstantin Romodanovsky, the head of the Federal Migration Service of Russia, stated on 23 July that the Federal Migration Service had decided to make an experiment in Crimea and issue passports in the course of one hour. It means that the whole procedure of receiving supporting documents and issuing a passport will take one hour. But the procedure requires that the following information about a person be included in a passport – surname, name, patronymic, sex, date and place of birth, as well as registration at the place of residence or removal from such registry therof; relation to military service of citizens over 18; marriage and divorce registration, children; and (upon request) blood group and Rhesus factor –by respective health care institutions and a taxpayer identification number. As the Federal Migration Service does not have electronic databases on the residents of Crimea, it is impossible to conduct the whole procedure in one hour only. It may lead to falsifications and use of inaccurate data when issuing the passport of the citizens of the Russian Federation. The assigned term for a Russian passport application was extended after 17 June, but the term for the retention of Ukrainian citizenship wasn’t. The only period for the latter was the one from 18 March to 18 April and is thus a discriminative practice with respect to the citizens of Ukraine who do not want to obtain Russian citizenship. Citizens of Ukraine who permanently reside in Crimea but whose place of residence was registered in continental Ukraine had to apply to court to establish the fact of their residence in Crimea and to subsequently obtain Russian citizenship. If a court adopts a positive decision, the citizens are allowed to submit the documents for the verification of the availability or absence of Russian citizenship. If the check
yields positive result, a citizen may be entitled to a Russian passport. If not, those residing in Crimea will have to obtain the documents necessary for their legitimate stay on the Russian territory (residence permit). The courts that adjudicated the lawsuits on residence verification in Crimea for subsequent obtaining of citizenship turned to the Federal Migration Service to confirm denial to grant citizenship. This certificate is not listed under a set of required documents necessary for such lawsuits, however, failure to present it may become grounds to case adjudication. The Crimean Federal Migration Service declared that Ukrainian citizens residing on the peninsula may me entitled to a migration card issue without having to go to continental Ukraine. These people have to refer to a local office of the Federal Migration Service according to their place of residence. A bill “On the Amendment of the Federal Constitutional Law “On Annexation of the Republic of Crimea to the Russian Federation and the Creation of the New Constituent Entity within the Russian Federation – the Republic of Crimea and the Federal City of Sevastopol” with regard to the issues of double citizenship was introduced on 9 July. The Bill was filed to the Russian Duma on 14 August. The bill provides the citizens with a possibility to refuse a second citizenship by submitting a respective application and a passport of a foreign country to respective bodies of the Russian Federation. Consequently, the procedure denouncing dual citizenship may be performed on the territory of the Russian Federation through discarding a foreign passport in violation to the national legislation of the issuing country. In such a way Russian authorities are trying to resolve the legal incapability to deprive the Crimean residents of Ukrainian citizenship. For the time being, it is possible to abandon Ukrainian citizenship only through personal appointment with a respective national authority of Ukraine. In such a way Russian authorities want to legalize Crimean civil servants who are citizens of Ukraine. As Crimean legislators note, the assigned period of one month restrictions to occupying state and municipal positions, to allowed to abandon Ukrainian citizenship, had already expired. However, they maintain that the mentioned period “did not help to settle the issues civil servant of occupying municipal positions of the Republic of Crimea due to the reasons beyond their ”. That is why the bill proposes that the term is extended by six months, till the end of September 2014. Consequently, the Russian Federal Migration Service will confiscate the passports of citizens of Ukraine (of the other state) and will recognize them as citizens of the Russian Federation only. It means that civil servants are the first who will have to submit such applications to the Russian Federal Migration Service. The Government of the Russian Federation established a quota for Crimean residents (for citizens of Ukraine and other states) for the receipt of permanent residence permit in the Russian Federation for 2014. The Crimean quota equals to 5400 permits, 400 of which are allocated to the city of Sevastopol. Thus, the citizens of Ukraine who do not want to obtain Russian citizenship but are willing to stay in Crimea are restricted in their possibility to receive permission for a permanent stay. It means that those who do not fall under the quota will not have a chance to receive the documents required for a permanent stay in Crimea. There are numerous instances of coercion to receive Russian citizenship – threats to be fired, or prohibited to leave the peninsula, to deprived of property rights , including land plots, etc. Children between the age of 14 and 16 had to receive Russian passports to be able to leave Crimea. Russian border guards refused to allow these children to cross the border as the law of the Russian Federation compels its young citizens to obtain passports at the age of 14. The citizens of Ukraine obtain their passports at the age of 16. Consequently, to be able to leave Crimea, children between the age of 14 and 16 have to obtain a Russian passport in the first place. This is a direct violation of the right to a choice of of citizenship. According to the representatives of the Mejlis, there are more Crimean Tatars in Crimea who returned from the deportation in February-March 2014. Prior to return to Crimea for a permanent residence, returnees would receive Ukrainian citizenship. However, they did not have time to formalize registration in Crimea. Lack of registration on the peninsula may result in refusal of a Russian passport or formalization of temporary registration. his / her Special Status for the Citizens Residing in Temporary Occupied Territory of Ukraine, has been effective for the citizens of Ukraine since 4 June. Pursuant to the Regulations, the citizens of Ukraine residing in Crimea may receive all passport services outside Crimea. However, Russian border guards do not allow
citizens of Ukraine who lost their passport or have not had their photo updated at the age of 25 and 45 to cross the border. In such a case Ukrainian laws permit a third person, acting by a power of attorney, to obtain such passport services (to have a photo updated inthe passport and to renew a lost passport ). However, Ukrainian notaries have not operated in Crimea since July, and other services (by Russian notaries) are not rendered. Such citizens are deprived of a possibility to formalize a power of attorney and, consequently, to receive respective passport services in Ukraine’s mainland. In some cases the divisions of the Migration Service of Ukraine accept the warrants issued by local authorities. In other cases such persons have to receive a Russian passport in order to get to continental Ukraine and receive all necessary passport services there as citizens of Ukraine. In August, male residents of Crimea aged between 18 to 40-45 started receiving notices requiring them to come to military registration and enlistment office “for a talk” (see Annex 7). Such notices are not legitimate because they are not formalized in a proper way (for instance, they lack a seal of an issuing authority ). There was an advertisement of the following character in Kerch: “The Department of the military registration and enlistment office of Crimea of Kerch district requests to personally come to the Department of the military registration and enlistment office of Kerch district to verify the registered data.” The Russian authorities previously declared there would not be conscription in Crimea in 2014. Moreover, residents of Crimea (even if they received a Russian passport) continue to remain citizens of Ukraine and, thus, are liable for military services to Ukraine only. Residents of Crimea are intimidated with legal prosecution in case of evasion of military service in the Russian Federation or if they fail to turn up at the departments of the military registration and enlistment office. This contravenes Russian laws because a person can be brought to justice only during the conscription period whilebeing a Russian citizen. According to the preliminary information, such call-up papers are sent with a view to determining the males of conscription age in Crimea and determining the “conscription resource.” VOTING RIGHTS Citizens of Ukraine residing in Crimea will be able to scheduled for 26 October by absentee ballot without changing voter address. They must submit a respective application to a pertinent bodydealing with elections in Ukraine’s mainland by 20 October. The Crimean Field Mission received messages that candidates running for local elections scheduled for 14 September in some Crimean cities are required to submit written renunciation of their Ukrainian citizenship. According to the Election Committee of the Republic of Crimea, during the candidates’ registration stage , the territorial and district commissions, as well as courts of all levels refused to register almost all eligible candidate that could be seen as competitors to the representatives of current authorities. That is why the Election Committee considers that the elections will be carried out on a “non-competitive” basis. The Eupatoria territorial election commission denied registration to six member-candidates to the State Council of Crimea. Hence, only three out of nine residents of Eupatoria could register to run for the elections to the Crimean Parliament: Nina Permiakova (“Yedinaya Rossiya”), Maksim Vasiliev (Communist Party of the Russian Federation) and Nikolay Kotliarevsky (“Spravedlivaya Rossiya”). A members-candidate to a city council of Saki city informed that the territorial commission chair attacked the candidate after the candidate accused him of falsifications. Forensic medical examination constituted a throat injury of the victim after the attack. There is no further information whether a criminal case has been opened.
2.2. SOCIAL AND ECONOMIC RIGHTS PROPERTY RIGHTS
STATE PROPERTY OF UKRAINE One of the main activities of Crimean authorities is to illegally appropriate objects of state property of Ukraine in Crimea. The Council of Ministers of Crimea a view to determine the availability of such real estate and subsequent nationalization by the Crimean authorities violating international norms and treaties. The following types of property has been determined as social sphere facilities: recreation facilities, , resort centres, recreation centres, hotels, , camping sites, tourist bases, recreation centres for children the building of which was funded by the republican budget of the Russian Soviet Federative Socialist Republic or other republics of the former USSR, as well as by the funds of former republican or union entreprises and organizations (Regulation of the Council of Ministers of the Republic Crimea No. 184 of 9 July 2014). In such a way the Council of Ministers plans to illegally appropriate almost all property of the recreation and health resort field. Thus, without Ukraine’s consent and in violation of the International Law the following objects were illegally transferred for free use: -
property complex of “Gornyy” resort (Alushta city, Rybachie village) was transferred to the Administration of the Federal Service of the Execution of Punishment in the Republic of Crimea;
property complex of “Semidvorie” recreational centre (Alushta city, Semidvorie township) was transferred to Administration of Inquiry of the Committee of Inquiry of the Russian Federation in the Republic of Crimea;
property complex of “Femida” sanatorium and health resort centre (Eupatoria) was transferred to the Administration of the Judicial Department in the Republic of Crimea;
“Druzhba” children’s recreational facility (Leninsky district, Kurortnoe township) was transferred to the Ministry of Education, Science and Youth of the Republic of Crimea.
The property of all Crimean military towns was transferred for the needs of the Ministry of Defence of the Russian Federation to free use by the Federal Governmental Institution “United Strategic Command of the Southern Military Region” on 9 July (Order of the Council of Ministers of the Republic of Crimea No. 643-r). The state enterprise of Ukraine “International Children’s Recreational Center “Artek” (Yalta, Gurzuf village) has been appropriated by the Ministry of Education, Science and Youth of the Republic of Crimea without consent of Ukraine since 9 July (Order of the Council of Ministers of the Republic of Crimea No. 643-r). The State enterprise “Foros” Recreation Center” was illegally transferred to the Ministry of Health Resorts and Tourism of the Republic of Crimea. The automobiles owned by the Main Administration of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea and operatively managed by the Administration and Departments of the State Enforcement Service of Ukraine in the Autonomous Republic of Crimea were illegally transferred for use by the Administration of the Federal Service of Court Bailiffs in the Republic of Crimea on 6 August. In such a way, with a decision of local authorities and without consent of the owners of state property, the Council of Ministers of the Republic of Crimea transferred many other objects of water economy and fishery, health care objects, property of scientific, academic and other enterprises and institutions of Ukraine. The State Council of Crimea adopted the Law “On the Specificities of Regulation of Property and Land Relations on the Territory of the Republic of Crimea” on 30 July. The Law provides that “all lands, except for the ones in private and municipal property, shall be regarded as a property of the Republic of Crimea.”
The State Committee on State Registration and Cadastre of the Republic of Crimea was established. The functions of the Committee include, inter alia, re-registration of land plots that were leased to or own by the state of Ukraine. Pursuant to the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and L egal Regime on the Temporary Occupied Territory of Ukraine” the state of Ukraine, the Autonomous Republic of Crimea, territorial communities, including the territorial community of the city of Sevastopol, state bodies, bodies of local self-government and other subjects of public law retain their property rights and other proprietary rights with respect to the property, including real estate and land plots, situated on the territory of Crimea. PRIVATE AND COLLECTIVE PROPERTY The Law “On the Particularities of Regulation of Property and Land Relations on the Territory of the Republic of Crimea” of 30 July 2014 grants that private property rights that emerged before 18 March 2014 are recognised as private property rights, and municipal property rights of territorial communities are recognised as property of respective municipal entities. The Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and L egal Regime on the Temporary Occupied Territory of Ukraine” provides that physical persons, irrespective of whether their acquired the status of a refugee or any other special legal status, entrepreneurs, institutions, organizations retain their property rights with respect to the property, including land plots, situated on the territory of Crimea if such property was acquired pursuant to the laws of Ukraine. However, Crimean authorities and Crimean prosecutor’s office continue their activities on illegal transfer and “nationallisation” of the objects in private and collective ownership. Thus, the Council of Ministers of the Republic of Crimea adopted a decision in August “to return into state ownership” the network of gas-main pipelines and gas networks that previously belonged a private join-stock company “Krymgaz”. A state unitary enterprise “Krymgazset” was created for this purpose in Crimea. “Krymgazset” became an owner and manager of gas networks of the peninsula. The “Crimean self-defence” confiscated the documents and seals of “Krymgaz”. The latter was controlled by a business-group of Dmytro Firtash. The employees of the enterprise were given an option: either to write an application for acceptance to work at “Krymgazset” or to leave their posts at their own requests. A prosecutor’s office started to cancel the decision of local authorities adopted before 2014 to facilitate the occupation and appropriation of property of private firms and companies. Thus, the Crimean prosecutor’s office considers a 2007 decision of the Yalta city council about the transfer of 1 hectare of the land of “Massandra” concern to a private enterprise “Air Max” and is currently contesting this decision in a court. The Crimean prosecutor’s office has examined the legitimacy of transfer of land plots to therapeutic and health-improving complex “Aivasovsky” in Partenit in 2007-2010. Prosecutor’s office considers that Gasprinsky council abused its powers and sued to cancel the lease agreement. There are still instances of seizure of private property with involvement of illegal military units of the socalled “Crimean self-defence.” Thus, there was an attempt of seizure of a “A.P. Chehov House of Writer’s Creative Work” holiday hotel that belongs to the National Union of Writers of Ukraine. The Main Administration of the Ministry of Internal Affairs in Crimea informed that 12 armed persons camouflage smock and several people in civil clothing that turned out to be “Crimean self-defence” stormed into the territory of the holiday hotel in the afternoon of 15 June. They were accompanied by Bogdan Drallo, a lawyer, who introduced himself as an advisor of the viceprime-minister of the Republic of Crimea. The “Crimean self-defence” forced the entrance gates and threatening the security of the holiday house with guns and bludgeons demanded that they be allowed in the building. When the representatives of the law enforcement bodies arrived, Bogdan Drallo explained to them that he came upon the decision of the Council of Ministers of Crimea for making an inventory of the property of the House of Creative Work for its following transfer to the state unitary enterprise “Solnechnaya Tavrika.” The representatives of the law enforcement bodies eventually prevented the seizure of a “A.P. Chehov House of Writer’s Creative Work” holiday hotel and exempted AK-47 and other special devices from members of “Crimean self-defence.” The incident is being examined, there is no information that a criminal case has been opened yet. 19
“Crimean self-defence” was involved in seizure of a shipbuilding company “Zaliv”, the majority of assets of which belongs to Ukrainian businessman David Zhvaniya. At the same time, the government of Crimea claims that these are the workers of the enterprise who have established control over it and some shareholders are dissatisfied that the enterprise bears losses. According to Crimean authorities, the military unit arrived at the enterprise to grant public order and in no way did it interfere with the corporate relations of the owners. However, Valeriy Belozyorov, the enterprise’s Marketing Director, said that “Crimean self-defence” stormed into the building and did not allow the management in. The Crimean Field Mission has learned that “Crimean self-defence” blocks principal working spots of an agricultural enterprise “Dobrobut” that is economically connected with Ukrainian financial group “Pryvat.” Representatives of the “self-defence” did not allow to take away the collected harvest, seized the equipment and documents of the enterprise and set up patrolling of the fields. A particular threat to property rights is posed by the Law of the State Council of Crimea “On the Particularities of Purchase of Strategic Objects in the Republic of Crimea” that permits buying property for particular needs. The list of such property was compiled by the Council of Ministers. The actual practice of application of this law can turn out in a situation when “the need to provide functioning of life-sustaining facilities” will be used as a pretext for buying the property of those who do not approve of new authorities. Moreover, the participation of the “Crimean self-defence” in seizure of the objects in private property has created a situation where legal norms are not effective, and this law will only be a disguise for illegal actions of Crimean authorities aimed at seizure of private property. An anonymous commercial organization “Foundation for protection of depositors” allow on lease the property of the public joint-stock company “State Savings Bank of Ukraine” ”Derzhavnyi Oshchadnyy Bank Ukrainy”) and of the public joint-stock company Commercial bank “Privatbank.” Such decision was adopted by district courts of Simferopol without consent of the owners of the premises. There are still problems with re-registration and reissuance of property rights in Crimea. Thus, the activities of the Federal Service of State Registration, Cadastre and Cartography and the Federal Cadastre Chamber were suspended in July due to the transfer of their powers to the State Committee on State Registration and Cadastre of the Republic of Crimea. The State Unitarian Enterprise “The Research and Designing Institute of Land Management, Cadastre and Assessment of Real Estate” was established in Crimea in 23 July. The Institute will deal with the issues of real estate assessment, land management and cadastre. However, as of 26 August, the Register of Rights to Real Estate has not started functioning in many cities of Crimea. It results in a situation when residents of the peninsula cannot formalize the sale and many other transactions with property, the sellers and purchasers conclude only preliminary agreements that do not constitute a full-fledged transaction for the transfer of property rights. Moreover, pursuant to the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and L egal Regime on the Temporary Occupied Territory of Ukraine” the acquisition and termination of property rights to real estate situated in Crimea are formalized in accordance with the laws of Ukraine in continental part of the country. It means that all property transactions concluded in Crimea will be regarded null and void in Ukraine’s mainland. The process of formalization of property rights of citizens of Ukraine who do not want to obtain Russian citizenship (both those who have applied for the retention of Ukrainian citizenship and those you have not) and acquired property rights in Crimea before 18 March 2014 is still unclear. Crimean authorities grant that property rights to land plots and other types of real estate that were acquired by physical and legal persons, including foreign ones, and stateless persons before 18 March 2014 are retained. However, the citizens of Ukraine are concerned that given the policy of coercion to obtain Russian citizenship the local authorities will demand a Russian passport as a pre-condition for the reissuance of property rights. Ukrainian citizens of Crimea are afraid there will be bureaucratic obstacles for the reissuance of property rights for foreigners (first of all, for the citizens of Ukraine who refused to obtain Russian citizenship). The Council of Ministers of Crimea adopted a decree on the approval of the list of documents property rights that emerged before and that must undergo state registration on 11 August. An list of documents that can prove the existence of property rights was thus approved. However, does not regulate the confirmation of property rights in case the mentioned documents
that prove exhaustive the decree were lost.
Consequently, such people cannot prove their property rights. If the documents are lost, they cannot be reissued because the organs that can issue their duplicates are no longer present in Crimea. NOTARIAL SYSTEM On 10 March 2014, Ukraine has banned the access of Crimean notaries to all registers except for the ones of warrant and forms with the view to protecting personal data. In mid-June even that access was denied. However, the applications for transportation of children, for instance, have been still made ever since – using Ukrainian forms. The re-attestation of notaries took place in April. The studying was paid. Those notaries, who did not want to continue their activities in Crimea after 16 March, terminated their private practice, filed their archives with the city of Simferopol and moved to Ukraine’s mainland. The remainder tried to continue working pursuant to the Ukrainian regulatory basis till they ran out of documents issued before 16 March 2014. Notwithstanding the promises of Crimean authorities to launch a register of property rights, no transactions are legally concluded in the peninsula as for the time being. Those willing to sell or buy real estate conclude the agreements just in writing without notarization at their own risk. Pursuant to the Order of the Ministry of Justice of Ukraine № 1087/5 of 07 July 2014 “On Suspension of Private Notarial Services”, the persons, who provided notarial services in the Autonomous Republic of Crimea and Sevastopol and who become notaries of the Russian Federation (pursuant to an annex that lists all such notaries of Crimea), must: -
stop the provision of their private notarial services from 8 June 2014:
submit all the documents of their notarial practice and an archive of a private notary to the State Notary Archive of Kherson Region within one month.
The Main Administration of Justice in Kherson Region was instructed to terminate the validity of registration certificates of the persons listed in the annex to the Order. Notaries of Ukraine have certificates confirming their right to provide notarial services that confirms their right to the profession. And private notaries additionally have a registration certificate. According to the Order, these are the latter that will be annulled at the moment of transfer of archives in Kherson. However, as for the time being there is no information about transfer of seals (for destruction) and registers for the registration of notarial services for closing the register by Crimean notaries to the Main Administration of Justice in Kherson Region. It is possible that Crimean notaries will ignored the Order of the Ministry of Justice of Ukraine and all cases and notarial archives with respective documentation will remain in the peninsula. The Order fixed a deadline by 8 September 2014 for the Main Administration of Justice in Kherson Region to inform the Ministry of Justice of Ukraine about the implementation thereof. At the same time, pursuant to the Order of the Council of Ministers of the Republic of Crimea No. 716 of 23 July 2014, it was ordered to transfer notarial archives that had been formed and situated in the territory of the Republic of Crimea before its acceptance to the Russian Federation to ensure and protect the rights and legal interests of citizens and legal persons during provision of notarial services by the notaries in the name of the Russian Federation. Thus, the residents of Crimea are almost deprived of notarial services that greatly restricts the realization of property rights and social and economic rights. FREEDOM OF ENTERPRISE The vast majority of entrepreneurs that were registered in Crimea pursuant to the laws of Ukraine do not want to re-register their business pursuant to the laws of the Russian Federation. Some of them move to continental Ukraine, some stay in Crimea but suspend their business activities. The Tax Administration of Crimea started accruing unpaid amounts of arrears, penalty fees, fines and interests debts for the period since March 2014.
A single simplified tax declaration for one or several taxes was introduced for entrepreneurs who already registered pursuant to the laws of the Russian Federation. However, it is effective only if a taxpayer did not have an object subject to tax but there was a flow of funds in his settlement account and cash. Entrepreneurs (both physical and legal persons) that registered in the Single Register must conduct and inventory as soon as possible and submit a report thereon. The Administration of the Federal Revenue Service of Crimea determines Ukrainian enterprises and makes them pay taxes on the territory of the peninsula. The laws of Ukraine provide that such enterprises must pay taxed to the budget of Ukraine. The entrepreneurs face a number of difficulties because they are not familiar with Russian taxation system, accounting and tax bookkeeping. As a whole, there is a crisis of small business, firstly in the field of tourism. The absence of holidaymakers, proper food supplies, the presence of illegal armed units, transport problems resulted in the decrease of income in tourism. Many entrepreneurs had to close their business or move it to Ukraine’s mainland. The Verkhovna Rada Ukraine adopted the Law “On Tax and Customs Control in the Free Economic Zone (FEZ) of Crimea and on the Particularities of Conducting Economic Activities on the Temporary Occupied Territory of Ukraine” as a whole on 14 August. Pursuant to the law, foreign and Ukrainian companies conducting business on the peninsula are exempt from almost all taxes-and-duties and customs control is established on the border of Crimea and continental Ukraine. Apart from that, economic agents that have business in Crime do not pay to the budget of Ukraine except for the taxes connected with physical persons and payments to social funds. The law also provides that customs control will be established on an administrative border with Crimea. Pursuant to the law, the departments of tax-and-duties organs will be established at the ports of entry to and exit from the FEZ. And the goods that will come from Crimea to Ukraine’s mainland will be regarded as export and will pass sanitary-hygienic, veterinary and ecological control. Moreover, the law recognizes residents of Crimea as non-residents of Ukraine and does not protect the interests of small business. The present law contravenes international treaties, decisions adopted with relation to the situation with Crimea and laws of Ukraine. It also violates fundamental human rights causing conditions for discrimination of the resident of Crimea. A number of civic and human rights organizations of Ukraine analyzed the law and addressed the President asking him to veto it. The law was passed on to the President to be signed, there is still no decision about it. BANKING SYSTEM The Russian National Commercial Bank (hereafter- the “RNCB”) is the main baking institution in Crimea at present as it is the most widely represented on the peninsula. The CFM learned that some departments of the RNCB said they could not provide the receipt of money transfers from Ukraine. However, such banking service must obligatory be provided to clients if they open an credit card of a current account at the RNCB. The Crimean Department of Antimonopoly Service informed that it had received complaints from the residents of Crimea about unreasonably high commission rates for banking services. The Department initiated a case on the violation of antimonopoly legislation. The work of almost all RNCB cash terminals was suspended from 6 till 8 August due to the technical problems with mobile network. Two Russian banks – AcademRusBank and BKF Bank – started operating on the peninsula in July. They opened one department in Simferopol each. Residents of Crimea cannot use all spectrum of banking services. For instance, money transfers to Ukrainian banks can be provided predominantly by the RNCB using the technologies of SWIFT transfer – currency transfer on bank account details. Given the absence of all spectrum of banking services, the residents of Crimea that need to permanently transfer money from Crimea to continental Ukraine and vice versa have to cooperate and organize mutually beneficial transfers – each on his own territory. Cashless transfers are problematic too because many social benefits, pensions and salaries are paid in cash. Crimean authorities promised to start accruing social benefits on bank cards in August-September only.
Property and social rights of minors were violated in Sevastopol. Orphans and children without parental custody were deprived of their social benefits for some time because those were accrued on their bank accounts. The data about the sums on bank accounts of three orphans was missing because the management of the orphanage failed to ensure the control over the completeness and timeliness of the receipt of social benefits for the children under their wardship. In August, the autonomous non-commercial organization “Fund of Investors’ Protection” stopped accepting the documents for the reimbursement of compensations from the clients of the departments of Ukrainian banks that closed in Crimea. On 26 August the applications from the shareholders of the public joint-stock company “Marfin Bank”, PJSC “Ukrsotsbank”, PJSC “UkrSibbank”, PJSC “Delta Bank”, PJSC “Gorodskoy Commerchesky Bank”, PJSC “Bank Forum”, PJSC “Avtokrazbank”, PJSC “Platinum Bank” stopped being accepted; and on 27 August – from the shareholders of the JSC “Oshchadbank.” Pursuant to the laws of Ukraine, the branches of Ukrainian banks stopped their activities in Crimea due to the prohibition to provide banking services on the temporary occupied territory of Ukraine. The majority of banks continue providing respective services to Crimean clients outside Crimea. Sergey Aksyonov, acting Head of Crimea, publicly calls Crimean people not to return the credits take from Ukrainian banks that terminated their activities on the peninsula. Long after the annexation of Crimea, the shareholders of Crimean branches of “Oshchadbank” could not get access to their deposits because the management of the bank had blocked their accounts. “Oshchadbank” started returning the deposits to Crimean clients from 23 July. To receive them, the Crimean people have to register their data, apply to a branch of the bank in Ukraine’s mainland and receive a payment card subject to a condition that they can demonstrate a passport of a citizen of Ukraine, a document of a taxpayer, original of their agreement with the bank that was concluded in Crimea. LABOUR RIGHTS AND OTHER SOCIAL RIGHTS Notwithstanding the promises of Crimean and Russian authorities, people had started their work as civil servants and representatives of the organs of local self-government before 18 March 2014 continue to get sacked. Thus, on 18 August S. Aksyonov fired Umerov Ilmi Rustemovich, who was a Head of the Bakhchisaray District State Administration of the Republic of Crime, claiming he left the post “upon his own wish.” The Administration of the FSS in Crimea continues the dismissal of former employees and replaces them with persons from different regions of the Russian Federation in respective regional and city subdivisions. Thus, there is a new employee in Alushta from Krasnoyarsk, in Eupatoria – from Volgograd, in Yalta – from Sochi. The employees of “Inkerman” terminal of the Sevastopol sea port have not received their salary for three months already. Those who resigned from a bankrupt enterprise “Administration of Sea Ports” could not receive their salaries for two summer months when they did work. The employees numerously appealed to the management of the enterprise, but to no avail. Moreover, the volumes of shipping in Sevastopol ports have decreased by a half – such situation resulted in the reduction of salaries of port employees or in the dismissal of such employees. The rise in prices has become a serious problem for the employees of enterprises. At the average, prices for food increased by 20-30%, however the salaries remained unchanged or decreased. Crimean authorities said that Ukrainian work record cards of the Crimean people would remain valid. Pursuant to the Regulations of the State Council of Crimea, it is advised that all economic entities on the whole territory of Crimea establish minimal wages as follows: from 1 June – 4628 Rubles, from 1 July – 4750 Rubles, from 1 October – 4944 Rubles. The Federal Law “On the Pension Provision to the Citizens of the Russian Federation Residing on the Territories of the Republic of Crimea and the Federal City of Sevastopol” became effective in July. It provides that foreign citizens (the citizens of Ukraine) and stateless persons residing in Crimea and in Sevastopol are entitled to pension provision pursuant to the norms of pension law of the Russian Federation. Ukraine continues to pay pensions to citizens of Ukraine residing in Crimea. To receive them, Crimean pensioners must apply to a department of the Pension Fund of Ukraine in Ukraine’s mainland with a Ukrainian passport. They also have to confirm that do not receive a pension from the Russian Federation.
However, it is unclear how this can be done given the fact that Ukraine does not recognize any documents issued in Crimea. Sending of pensions to Crimea by post is organized by “Ukrainian Post Service” (“Ukrposhta”). RIGHT TO HEALTH CARE The problem of drug addicted persons remains the most acute because such persons are left without methadone maintenance that was granted by Ukraine. The aggravation of the situation even led to deaths (please see the Chapter “Position of Vulnerable Groups”). Meanwhile, the Federal Drug Control Service of Russia states that there are more than 100,000 drug addicts in Crimea. However, it forbids providing methadone maintenance to them and does not explain how such people will be cured. The prices for medicines at drugstores increased by some 30%. The pharmaceutical companies operating in Crimea switched to less qualitative medicine mostly of Indian and Chinese origin due to the sanctions that disabled trade in European medicine. Crimean authorities publicly declared that all medical treatment will be free of charge. A couple of head doctors from different medical institutions were sacked because of the violation of these demands. Indeed, medical services are currently free of charge in Crimea, however, only cheap and hardly effective medicine is used during treatment. If a patient insists on more expensive medicine that he or she is ready to by him- or herself, the administration of a medical institution tries to find any pretext to talk a patient out of that idea. The CFM received numerous complaints from the residents of Crimea who cannot receive the needed medical certificates at medical institutions. Such certificates are denied to them because the residents concerned do not have a Russian passport. ACCESS TO MOBILE COMMUNICATION Three principal Ukrainian mobile operators – “MTS Ukraine”, “Kyivstar” and “life:)” provided mobile connection on the territory of Crimean peninsula. On 5 August 2014, important technological objects of the “MTS Ukraine” network that are situated on the peninsula and are responsible for provision of mobile communication were turned off due to the reasons unknown to “MTS Ukraine.” The work of the company in Crimea was paralyzed for a couple of days. “MTS Ukraine” renewed its services within several days, but on the basis of technical roaming and other tariffs. “Kyivstar” terminated its work in Crimea on 11 August 2014. According to an official message of press-service of the company, its Simferopol office was occupied by armed people. It made the operator suspend the provision of mobile communication services in Crimea due to the interests on information security of its telephone subscribers, physical safety of staff and integrity of the work of its network. The work of “Kyivstar” company in Crimea has not been resumed as for the time being. The problems with “life:)” mobile connection in some cities of Crimea were recorded in mid-August. Given the role of telecommunication in contemporary world as well as the speed and forms of exchange of information, switching off of key mobile operators causes irreparable damage to the citizens. For instance, according to approximate data the share of “MTS Ukraine” in mobile market coverage is about 33%, of “Kyivstar” – about 43% and that of “life:)” is about 21%. Consequently, the intermittence or termination of mobile connection provision entails the suspension of many contracts that correspond to a share of the operator in Crimean market. The cutoff of key mobile operators poses a serious violation of the rights codified in article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and in article 1 of Protocol 1 thereto. Such cutoff entails the rupture of the set social and economic relations of the residents of Crimean peninsula. However, even the resumption of mobile connections services provided by “MTS Ukraine” did not result in restoration of rights. The majority of users of mobile communication prefer mobile phones with one SIMcard. Given the role of connection in contemporary world, many users bought a SIM-card of another operator
at once, trying to inform as many acquaintances as possible about the new umber. Thus, during the problems with and cutoff of Ukrainian mobile operators in Crimea one could witness many people queueing up after new SIM-cards (the majority of them bought the Russian ones with a code +7). One should pay attention that to go back to an old number one has to temporary switch off the new one or buy one more mobile phone. Termination of the provision of mobile services endangered the life and health of people in need of emergency medical service. It also results in inevitable rupture of personal and family connections, business and economic connections both within Crimea and with Ukraineâ&#x20AC;&#x2122;s mainland. Actually, as for the time being, Crimean users of mobile connection have to use roaming when connecting to continental Ukraine, Russian operators and sometimes within the peninsula.
It should be mentioned that the present situation cannot be compared to the loss of a phone. In the latter instance the disconnection are be one-time and results exclusively from negligence of an owner of a phone. And the reason of disconnection is only the absence of a backup copy of a list of contacts. In the case of termination of mobile connection and complete cutoff of an operator, the existence of a backup copy of a list of contacts cannot cure the situation and restore the connection between the users of mobile network.
2.3. POSITION OF VULNERABLE GROUPS. MANIFESTATIONS OF XENOPHOBIA
UKRAINIANS The persecution of Ukrainian culture has grown more severe and the discrimination of not only ethnical Ukrainians, but also of the so-called political Ukrainians, who publicly support Ukraine, is continuing in Crimea. The most evident form of discrimination of Ukrainians is the restrictions in their use of Ukrainian language. Crimean authorities declared that there would not be Ukrainian classes from 1 September on. The formal reason for it is the absence of applications from parents asking for Ukrainian-taught classes. However, the parents admit that directors of many schools simply forbade them to write such applications, threatening that their children would be expelled. Also, the parents complain that local authorities intimidate everyone who speaks Ukrainian. That is why they have to give up Ukrainian classes for the sake of their children’s safety. Thus, Ukrainian children are deprived of the possibility to study in their mother tongue. A school director in Feodosiya was accused of illegal introduction of Ukrainian. According to the residents of the city, the director of school No. 10, without consent of parents, sent the documents to the education department asking for compulsory two hours a week of Ukrainian for school. The parents said they did no support the initiative and that there was a poll in all schools for the cancelation of Ukrainian classes and that the director of school No. 10 was the only one who wanted to have them. Nataliya Goncharova, a Crimean Minister for Education, said that Crimean teachers of Ukrainian Language and Literature would undergo re-qualification to be able to teach Russian. There are currently 250 teachers re-qualifying. The only Crimean Simferopol Ukrainian Gymnasium was subject to the reduction of classes taught in Ukrainian. There will be a number of Ukrainian-taught classes: for instance, three classes of one year will be taught in Russian and one will be taught in Ukrainian. The same system applies to all grades of schools. Crimean authorities explained such approach with a will of parents. However, the parents say they were subject to pressure or were not even given a chance to state their position regarding the language their children would be taught in. Later, on 28 August, Tatiana Suhina, a head of the Education Department of the Simferopol City Council, said that the Ukrainian School-Gymnasium in Simferopol would soon be renamed so that it did not have the word “Ukrainian” in its name. She suggested “Simferopol Academic Gymnasium” as a new name. There was a parents’ meeting in Yalta school No. 15 in June. The results of the poll regarding the language of teaching were revealed. About 70% of parents said they wanted their children to be taught in Ukrainian. The representative of the Education Department said that the school would receive the status of a Ukrainian school with Ukrainian as a teaching language. However, on 11 August the teachers of the school said that the school received new textbooks. It turned out that all textbooks are in Russian that basically disables teaching in Ukrainian. The Education Department informed the teachers that they could translate all the texts if they wished. Ukrainian textbooks were not supplied at all even later. The Faculty of Ukrainian and Ukrainian Studies was liquidated at the Tauric National V.I. Vernadskyi University. School No. 3 with Ukrainian as a teaching language was eliminated through its combination with the school of Shchelkino town of Leninsky district of Crimea with Russian as a teaching language. There was just one school in Kerch with partial teaching in Ukrainian, but it was switched to complete allRussian teaching. There have been complaints from pupils that they are persecuted for speaking Ukrainian or for an open proUkrainian position. Both pupils and their parents say that schools are visited by the FSS staff who demand that directors and teachers provide information about children who openly support Ukraine and speak Ukrainian in public places. Such children and teachers receive are threatened by school staff with criminal prosecution “for separatism.”
School leavers and students complain that they are prevented from receiving graduation diplomas of Ukrainian form which they are entitled to. Ukrainian school-leaving diplomas were sent to many Crimean pupils. However, notwithstanding this, many school directors refused to present such diplomas to children. Discrimination is widely used on TV – Ukrainian programs are being forced out. For instance, a TV channel “Crym-1” (previously the State Television and Radio Company “Crym”) broadcasts Crimean Tatar programs such as “Tarihke Nazar,” “Haberler,” “Aktual Mevzula Subet,” “Altyn Beshyk,” “Shelliale,” “Netidzhe,” and others. However, ot broadcasts just one Ukrainian program “Rodnoy dom” only once a week. It should be mentioned that Crimean authorities granted free and equal development of three cultures – Russian, Ukrainian and Crimean Tarar. The Crimean people say that Ukrainian channels are not broadcast via cable television. There is no Ukrainian press in Crimea. Organizations and institutions of connected with Ukrainian culture are being liquidated. A Sevastopol branch of the All-Ukrainian Taras Shevchenko Community “Prosvita” was closed, a Russian organization “Prosveshchenie” was opened on its basis instead. Crimean authorities plan to close the Simferopol AllUkrainian Information and Cultural Centre and to create a new institution on its basis instead. As regards the Ukrainians, their right to education in their mother tongue is constantly violated everywhere in Crimea, as are their right to association, freedom of speech, cultural and religious rights. The Ukrainian Orthodox Church of the Kyivan Patriarchate (hereafter – the “UOC-KP”) has been persecuted since March when its churches and administrative buildings were seized. Some popes were attacked, sometimes with involvement of the “Crimean self-defence” and Cossacks. Many Ukrainian popes had to flee the peninsula. The archbishop of the Kyivan Patriarchate Kliment is subject to constant pressure, he receives endless threats. His cottage in Mramornoe village of Simferopolskyi district was burnt down by the unknown on 21 July. The local authorities and representatives of the Moscow Patriarchate are trying to seize the premises of the main church of the Ukrainian Orthodox Church of the Kyivan Patriarchate in Simferopol via imposition of the new unreasonable high rental charge. The residents of Crimea and parishioners are subject to constant information pressure. The pro-government mass media constantly publish the articles blaming the Ukrainian Orthodox Church of the Kyivan Patriarchate in Fascism, crimes, etc. The majority of popes were called in for questioning at the FSS of Russia in violation of procedural norms. And the majority of “talks” took place not on the FSS premises. The FSS agents came to the flats and houses of popes, to the churches, questioned them in cars, etc. During such talks the FSS members made popes cooperate with the FSS and provide all information about the parishioners. The popes refused and then received threats of criminal prosecution of their made-up cases on “separatism” and extremism. CRIMEAN TATARS The Crimean authorities persecute the leaders of Crimean Tatars, first and foremost – Mustafa Dzhemiliov and Refat Chubarov who were banned from entering Crimea for 5 years. Natalia Poklonskaya, a prosecutor of Crimea, issued a warning to Refat Chubarov, a Speaker of the Mejlis of the Crimean Tatar People, that his activities connected with considering the issue of the right of Crimean Tatars to self-determination can be considered extremist. However, pursuant to article 1 of the Law of the Russian Federation “On the Prevention of Extremist Activities”, calls for self-determination are not considered extremism. Pursuant to the law, extremism is “a forceful change of the basics of constitutional system and violation of integrity of the Russian Federation,” but public claims about the wish of national autonomy do not fall within this definition. Spiritual Department of Crimean Muslims constantly communicates that Islamic educational institutions, private houses of ministers of religion were subject to searches as to whether they had forbidden Islamic literature included in the Federal List of Forbidden Extremist Materials. There was no such list in Ukrainian legislation. Aider Ismailov, Deputy Mufti of Crimean Muslims, noted that some of such forbidden books, quite
common actually, were published in Moscow, imported to Crimea from the Russian Federation and sold freely in local bookshops. Moreover, the “Crimean self-defence” that does not have any affiliation with a prosecutor’s office or law enforcement organs often takes part in searches. Ahtem Chyygoz, Deputy Speaker of the Mejlis of the Crimean Tatar People, said that the Major of Bakhchisaray was trying to deprive the regional Mejlis of the Crimean Tatar People of its building as he had sued in the court to terminate the lease of the building of the Bakhchisaray regional Mejlis. The unknown in masks conducted unauthorized mass searches in a Bakhchisaray Crimean Tatar car on 22 July. The Mejlis regarded the above as “provocation and actions aimed at intimidated the Crimean Tatars.” The Bakhchisaray house of the Ibragimov was searched by police and unknown armed people on 28 August. They informed the family they were searching for drugs and weapons, but failed to demonstrate any respective documents. The search lasted for 3 hours and resulted in confiscation of religious literature. Those Crimean Tatars who were meeting national leader Mustafa Dzhemiliov at the entry to Crimea and were accused of holding an unauthorized rally are still subject to persecution. The Mejlis of the Crimean Tatar People claims that Crimean authorities are trying to divide the Crimean Tatar people and to mislead people. The puppet “civic” organizations and parallel Muftiates – the Tauric Department of Crimean Muslims – are set up for this purpose. The Mejlis calls on to ignore the elections that are to be held on 14 September 2014. The Mejlis of the Crimean Tatar People had to hold its 4 July session in Kherson region because Mustafa Dzhemiliov, the leader of Crimean Tatars, who had to be present at the session, was banned from entering Crimea. The Mejlis members Remzi Iliasov, Zaur Smirnov and Teifuk Gafarov accepted the posts in Crimean authorities – contrary to the Mejlis decision. The Mejlis thus decided to release the mentioned persons from their posts in Mejlis and to exclude them from the Mejlis presidium. Thus, the fundamental human rights with respect to Crimean Tatars and the rights of an indigenous people are still being violated in Crimea. INTERNALLY DISPLACED PERSONS AND REFUGEES The ongoing armed conflict in the East of Ukraine resulted in a drastic increase of a number of people fleeing their places of residence and relocating to other parts of Ukraine and the Russian Federation due to the reasons of safety. Some of such citizens of Ukraine move to Crimea. The Russian and Crimean authorities have numerously called on the residents of Eastern Ukraine move to Crimea where their safety is granted by the Russian Federation. Such people are internally displaced persons (hereafter – the “IDPs”) pursuant to both Ukrainian and International Law – because they move within the country of their citizenship. Crimean and Russian authorities demonstratively use the term “refugees” with a view to recognizing Russian jurisdiction in Crimea. The State Council of the Republic of Crimea Commission on Refugees, that has a status of a permanent one, announced that as of 16 July it had received 6,900 applications from Ukrainian citizens (among them – 2,600 minors, and 4,200 - adults) residing in the territories of the armed conflict to be granted temporary asylum in Russia. A distribution centre for residences from Eastern Ukraine that temporary moved to Crimea was established in Simferopol. People stay there for up to three days before the place for their temporary stay is determined. The employees of the Federal Migration Service of Russia also take part in the work of the distribution centre. They propose that citizens of Ukraine apply for an asylum is Russia or for the status of a refugee. People are warned that their stay in Crimea is limited (till September). Then people are settled in other regions of Crimea. Child camps, tourist bases, recreational centres are being used to temporary accommodate the IDPs. A separate camp for the “refugees” was created near Sevastopol. A post for temporary accommodation of families with children under three with regular meals was created in Kerch. Some time later Crimean authorities claimed they were not coping with an inflow of the IDPs from Eastern Ukraine as all their sanatoria and recreational centres were full. That is why it was proposed to the IDPs that
they move to the regions of the Russian Federation. According to S. Menyailo, the Major of Sevastopol, the majority of the IDPs stay in Sevastopol (around 9,000 people) and the city budget cannot fully provide them with food and accommodation since July. The relocation of Ukrainian IDPs, who came from the zones of armed conflict to Crimea, to the regions of the Russian Federation started in July. 247 citizens of Ukraine were transported to Smolensk and Yaroslavsk regions of Russia from Crimea on 5 July. They were taken there by plane and were settled in the places of temporary settlement. V. Puchkov, the Head of the Ministry of Emergency Situations, said that more than 30 regions of Russia provide help to Ukrainian citizens as they stationed more than 282 points of temporary stay. The Federal Migration Service of Russia suggested that the places of temporary settlement of Ukrainian citizens from Donetsk and Luhansk regions in Crimea and some other regions of Russia be closed until 1 September, a respective draft order of the Russian Government was submitted. Pursuant to the draft order, the Ministry of Emergency Situations of Russia must organize centralized transportation only in extreme situations. Moreover, it is suggested that all mobile places of temporary settlement organized by the Ministry of Emergency Situations of Russia be closed in accordance with the dynamic of settling the IDPs in other regions of Russia. However, the movement of citizens of Ukraine, who arrived in Crimea from the zones of armed conflict, is not voluntary but forced in many cases. Many citizens of Ukraine arrived in Crimea to wait till the escalation of the conflict in the East was over and did not want to move to Russia. Such citizens claims that the Ministry of Emergency Situations and the Federal Migration Service of Russia relocate them to the regions they did not consent to, for instance to the Far East. When relocated to other regions, citizens of Ukraine cannot keep in touch with their relatives in Ukraine, such regions are very far away from the places of their permanent residence. A number of complaints from such IDPs grew in August – they claimed they were relocated to Russia even without prior information as to where they would be relocated to. Such citizens of Ukraine are not granted a possibility to choose a region for their temporary stay, many of them want to stay in Crimea. Thus, 900 people from Eastern Ukraine, that had arrived in Crimea for a temporary stay, were relocated to Irkutsk. They were ferried to the territory of the Russian Federation and then taken by train to Irkutsk. The Federal Migration Service of Russia called on the Crimeans to help identify citizens of Ukraine who temporary moved there from Donetsk and Luhansk regions for their subsequent transfer to the regions of Russia. Thus, the freedom of movement and the right to choose the place of residence of citizens of Ukraine from Luhansk and Donetsk regions who fled the armed conflict and came to Crimea are being violated. Moreover, the relocation of such people to the Russian Federation makes it much more difficult for Ukraine to protect its citizens, re-issue the documents and bring families back together. On 29 August, the Federal Migration Service of Russia announced that there were 300,000 Ukrainian citizens in Crimea who fled armed conflict. It means that 300,000 Ukrainian citizens can receive a status of a “refugee” within their own country – Ukraine, because pursuant to the laws of Ukraine Crimea is an integral part of its territory. Moreover, such people are at risk of being forcefully moved from Crimea by Russian authorities. PERSONS SERVING A SENTENCE On 3 July, Valeriya Lutkovska, the Human Rights Commissioner of Ukraine, received a collective letter from 400 people held in a Simferopol pre-trial prison. They say they are subjected to violence because they refuse to acquire Russian citizenship. Ukrainian Parliament Commissioner for Human Rights addressed Ella Pamfilova, a Russian Ombudsman, inviting the latter to organize a join examination of the observance of rights and freedoms of persons held in penitentiary institutions of Crimea. The principal aim of such examination, according to V. Lutkovska, will be the monitoring of the conditions the respective persons are held in, as well as of facts of discrimination and ill-treatment and torture (see Annex 8).
There was also an instance when the arrested held in the Simferopol pre-detention centre wen on hunger strike demanding that his case be investigated and adjudicated in Ukraine. DRUG ADDICTS The drug addicts pose a special category of Crimean residents. About 800 drug addicts were undergoing treatment in Crimea pursuant to Ukrainian laws. They received methadone and buprenorphine maintenance as a replacement and supporting therapy. Both types of the mentioned medicine are allowed in Ukraine on the basis of the EU experience and are used in addiction clinics to cure drug addiction. However, such replacement therapy is forbidden in Russia and that is why methadone maintenance was terminated in Crimea. The absence of respective medicine resulted in aggravation of the state of drug addicted. The International Alliance on HIV/AIDS in Ukraine informed that, according to their information, more than 20 people died in Crimea because of exacerbation of chronical diseases, “withdrawal pains and suicides.” The actions of local authorities are not enough to resolve the problem. The Russian Federation proposes a de-intoxication course for such people. However, it is ineffective because it addresses physical addiction but does not cure the psychological one. Moreover, the methadone is provided in Ukraine for free, and the Russian de-intoxication course is paid. Many drug addicts simply do not have funds to pay for the Russian programs of de-intoxication. Ukraine can provide the Crimeans with methadone only in its continental part as the local authorities forbid its export because they qualify it as a drug. However, the addicts have neither physical (due to health condition), nor material possibility to move from Crimea to other regions of Ukraine. The International Alliance on HIV/AIDS in Ukraine grants a program that covers transportation, temporary accommodation and food in Ukraine’s mainland for the addicts who found themselves in such a difficult situation. 56 people out of 806 have already benefited from the program. Several dozens of the addicts agreed to the rehabilitation in Russia. The number of deaths among drug addicts can increase soon because of the aggravation of their concomitant diseases (pneumonia, tuberculosis, venereal diseases, hepatitis, AIDS, heart diseases, mental disorders.) or they can go back to accepting drugs. ORPHANS AND CHILDREN WITHOUT PARENTAL CUSTODY According to Crimean authorities, as of 1 August 2014, there are 4228 orphans and children without parental custody in Crimea. Some of these children were sent to defence and sport camps “Gvardeets” in Nizhegorodsk region and in Penza (see Annex 9). Thus, children become subject to militarist education outside of Crimea.
III. PROBLEMS OF THE RESIDENTS OF CRIMEA WHO HAD TO FLEE THE PENINSULA AND MOVE TO UKRAINE’S MAINLAND (INTERNALLY DISPACED PERSONS) GENERAL SITUATION According to Ukraine, the number of the IDPs from Crimea and Sevastopol is 16,975 persons, 4,700 pf whom are children and 1,196 – the disabled and elderly. However, this data is far incomplete because it is primarily based on the data of the Ministry of Social Policy of Ukraine, the departments of which register only those IDPs who receive social benefits, pensions or want to be registered at jobs centres. Many Crimean people (activists, entrepreneurs, journalists) who had to flee Crimea do not register anywhere and are, thus, not represented in the statistics. Ukraine still does not have a common database of the IDPs and their needs. The situation with the protection of human rights of the IDPs remains difficult because there is still no respective legislative basis. In June, the President of Ukraine vetoed the Law “On the Legal Status of Persons Who Had to Flee Their Places of Residence Because of Temporary Occupation of the Autonomous Republic of Crimea, Sevastopol and Circumstances Connected with the Anti-Terrorist Operation on the Territory of Ukraine” accepted by Parliament because the law contravened the rules of International Law and substantially narrowed the rights of the citizens of Ukraine who had to leave the places of their permanent residence. A State Service Dealing with the Issues of the Autonomous Republic of Crimea, the City of Sevastopol and Temporary Internally Displaced Persons was established, an open competition for heading this Service was announced. After that a working group at the Administration of the President of Ukraine (hereafter – the “APU”) was created to elaborate an alternative bill on the protection of rights of the IDPs. The working group comprised of the APU employees, representatives from the human rights organizations and civic organizations that deal with the protection of rights of the IDPs, as well as representatives from international organizations. This bill was registered on 28 August. On the web-site of the Parliament it appeared under No. 4490а-1 and was called “On Ensuring the Rights and Freedoms of Internally Displaced Persons.” The bills contains several principally new provisions aimed at resolution of acute issues life support of the IDPs and members of their families, in particular: -
simplification of the procedure of temporary registration of the IDPs, decrease of the periods of consideration of applications for registration or re-registration (to 1 day). The registration will enable the access of the IDPs to the whole spectrum of administrative services, including the registration of business and continuation of economic activities;
maintenance of payment of social benefits to the IDPs, provision of social and medical services to them;
elaboration of special complex state programs, creation and running of a common register and database of the IDPs;
provision to the IDPs of the information about the places of their settlements and employments opportunities;
provision of systems of guarantees of social and pension support by the state;
financing of expenditures connected with temporary settlement of the IDPs’ families in state and communal institutions;
possibility of quick involvement of resources of international organizations, international technical help for provision of the necessary facilities for the settlement of the IDPs and principles of development respective housing for them.
The bill will be discussed by the Parliament on 16 September.
SOCIAL AND ECONOMIC RIGHTS The Inter-agency Coordination Headquarters on the Issues Connected with Welfare of the Citizens of Ukraine That Moved from Crimea and from the Territories of the Anti-Terrorist Operation received a special common number “101.” RIGHT TO EDUCATION Almost all children of the IDPs were accepted to schools at places of their actual residence. For this purpose, the parents or legal representatives of children should apply to a district education administration pursuant to a place of their actual current residence, pass medical inspection and submit a birth certificate. A big part of Crimean students, who after the end of an academic year started transferring to the universities of Ukraine’s mainland, faced the problem when many such universities do not accept the students. Pursuant to the law of Ukraine, such students must be granted additional places, however, there is still no respective regulation as to how these places can be singled out. Crimean students who were settled in hostels are registered at the address of such hostels. However, many students and their parents are concerned that as soon as there is a stamp in a passport certifying the residence in Ukraine’s mainland, Russian border guards will not allow such citizens of Ukraine to Crimea. For those students who received school-leaver’s diploma of a Russian form in Crimea, a special procedure of exchange of such documents for the documents of Ukrainian form has been elaborated. PROVISION OF HOUSING There is no programs of provision of housing or social lease of accommodation for Crimeans in Ukraine yet. Moreover, Lyudmyla Denysova, the Minister for Social Policy, declared that provision of preferential housing to Crimean IDPs was not even considered because there are more than 11 million of Ukrainians waiting for new accommodation. The IDPs are provided with accommodation through the help of civic organizations and initiatives. Private firms (hotels, hostels, recreational bases) and property funds of regional administrations also contribute. A special web-site about the places for temporary stay for the IDPs was created. Some Crimeans secure accommodation for them themselves – they rent it in other regions or stat at relatives or friends. The situation is aggravated by the fact that Crimeans cannot sell their property on the peninsula and, thus, cannot buy the new one in Ukraine’s mainland. REGISTRATION There is no simplified procedure of registration of a place of residence of Crimeans in Ukraine’s mainland. The Crimeans cannot receive register according to effective legislation because they simply do not have grounds for that. Also, there is no common database of the IDPs and sample documents confirming that status of a person as an IDP. PROPERTY. BANKS On 23 July, “Oshchadbank” that had already blocked the access of Crimeans to their deposits even in the event of their relocation to continental Ukraine, renewed the provision of its services to the Crimean citizens of Ukraine in its continental part. As of 20 July, about 500 clients applied to the bank and they received more than 19,9 million UAH. The situation with “Privatbank” remains difficult. Moreover, the National Bank of Ukraine confirmed that Crimeans had to submit the certificates confirming their displacement (see Annex 10). However, there are no such certificates because there is no such legal basis that has approved their forms. The certificates issued by the Migration Service of Ukraine are accepted. However, such certificates are issued only subject to a condition of residence registration in another region. But many Crimeans cannot 32
receive such registration because they do not have accommodation in continental Ukraine. That is why there are insurmountable obstacles for the Crimeans when it comes to their use of their deposits and accounts. There is information about positive developments with Crimean IDPs in the regions of Ukraine. For instances, there are almost no complaints about “Privatbank” in Ivano-Frankivsk region. Some Crimeans even had their cards unblocked. There are also law firms that provide paid services to Crimeans whose accounts have been blocked. For instance, the law firm “The Legal Consulting Centre “Alians” provides paid services to physical and legal persons on the return of their deposits and compensations to Crimean investors through courts or through the Crimean Fund of the Protection of Depositors or through the Ukrainian Fund of Granting the Deposits of Physical Persons. The company takes court the cases on the return of funds (deposits) from the following banks: Privatbank, Praveksbank, Bank Demark, Oshchadbank, Ukrsotsbanks and others. The cost of such services for physical persons is 10,000 UAH and 2% of the deposit received by a depositor at any stage of the process, for legal persons – starting from 15,000 UAH. Thus, private companies use to difficult position of Crimean IDPs to increase their income. BUSINESS AND ECONOMIC ACTIVITIES Economic activities of entrepreneurs who moved from Crimea is still restricted. They cannot re-register as entrepreneurs in other regions of Ukraine because there is no simplified procedure of registration of a place of residence for the IDPs. Only a small number of entrepreneurs managed to do that. The bank accounts of many entrepreneurs are blocked until they formalize the registration of their place of residence in continental Ukraine. EMPLOYMENT The economic and political crises born by the armed conflict in the East of Ukraine has gravely affected the employment prospects for Crimean people in Ukraine’s mainland, in particular for those working in the fields funded by the state. Many of such people are currently unemployed. The Government of Ukraine adopted a regulation that made changes to the procedure of registration, reregistration of the unemployed and running the register of persons looking for a job. The procedure for obtaining a status of an unemployed was simplified for citizens of Ukraine who had moved from Crimea. To receive such status, the IDPs will have to submit less documents than it was required before. Moreover, the Crimeans will not have to provide the certificate on termination of economic activities for the members of private farms. The registration of such unemployed, provision of social benefits and material security to them will be conducted on the basis of data of the State Register of Compulsory State Social Insurance. Information has been prepared by: Olga Skrypnik, office of the Crimean Field Mission in Ukraine, Centre of Civil Enlightment “Almenda” Tetiana Pechonchyk, Human Rights Information Centre Dariya Sviridova, Ukrainian Helsinki Human Rights Union