Six months later curtailment of rights and freedoms in Crimea

Brief analysis of human rights in Crimea during March-September 2014 The Crimean Field Mission on Human Rights (hereafter – the “CFM”) was created on 5 March 2014 with a view to uniting those who, irrespective of political views, are ready to act for the protection of human rights on the Crimean peninsula.

CFM, which is present on the peninsula in the field, monitors the situation with human rights, takes action to maintain rule of law and provides support to various initiatives in the human rights realm.

CFM has offices in Simferopol, Kyiv, Moscow and Saint-Petersburg. They collect, analyze and disseminate information about Crimea among state authorities, civil society sector, media and international organizations. They also stimulate synergies between human rights groups of Ukraine, Russia and other countries.

CFM representatives set foot in Crimea since the very first days of the conflict. They observed the actions of various armed groups during the preparation of the so-called “referendum” of 16 March.

During this period, CFM has spotted various armed groups with no identification. Some of these groups admitted to being Russian military.

Andriy Yurov, CFM Head, was the first to say that there were no proved instances of human rights violations (especially murders) vis-à-vis Russian-speaking population of Crimea and that the decision of the Federation Council of Russia permitting deployment of armed forces for protection of such citizens was based on misleading information and wrong prerequisites.

In the six months of work (March-September 2014), CFM has been able to single out the following systematic problems with human rights on the peninsula.

Forced disappearances of pro-Ukrainian and Crimean Tatar activists, many of whom were subjected to tortures and ill-treatment. Thus, the body of Reshat Ametov, who had participated in an anti-Russian rally, was found two weeks after the event with clear trace of torture. There is still no information about Ukrainian activists (Tymur Shaymardanov, Seiran Zynedinov, Leonid Korzh) who disappeared in May. The fate of Sevastopol resident Vasyl Chernysh – Automaidan activist who went missing in May – is also unclear. The situation is aggravated by ineffective actions of Crimean authorities and law enforcement agencies aimed at investigation of the above-mentioned episodes.

Use of military units ("self-defense") for maintenance of public order, search of personal belongings in trains and at railway stations. During these activities, representatives of Crimean “self-defense” regularly violated the rights of citizens, often accompanied their activities not only with insults and threats, but with arbitrary detentions, torture, seizure and damage of property, battery, including that of the media representatives. Activities of Crimean “self-defense” are an instrument of intimidation and one of the main sources of human rights violations in Crimea. The legalization of their activities by the Law on “People’s Volunteer Corps – Volunteer Public Order Squads of the Republic of Crimea” will probably only aggravate the situation.

Pressure on media and prosecution of journalists became another systematic human rights

violation on the peninsula. Interference with activities of journalists and media took different forms, for instance: damage and seizure of equipment, use of force and arbitrary detentions by Crimean “self-defense”, dismissals, interrogations at the Federal Security Service due to charges of “extremism,” bans to entry to Crimea, court prosecutions, arrest of property, etc. Many journalists had to suspend their professional activities and leave the peninsula to avoid negative implications.

Interrogations, searches and detentions by law enforcement agencies, Federal Security Service and “volunteer public order squads” are also among systematic violations. Pro-Ukrainian and pro-Crimean Tatar activists, including those who actively use social networks, were invited for “talks”, which in some instances lasted for six hours, with prohibition to make calls or ask for a lawyer. There were instances when the Federal Security Service officers seized private property of the activists (PCs, laptops, recording devices, etc.) without any orders or decision of the courts.

Psychological pressure, intimidation with criminal prosecution, accusations of “cooperation with “Pravyi Sector”, terrorist and Fascist organizations, separatism and extremism were used during interrogations. Illegal action of the Federal Security Service officers, members of Crimean “selfdefense”, “volunteer public order squads” lead to a drastic increase of concerns of the locals regarding the possibility of a fabricated criminal prosecution, illegal detention, abduction, use of force.

Prohibition of peaceful assemblies and associations has become common practice in Crimea. CFM confirms that there is a discriminative approach of Crimean authorities with respect to enjoying these freedoms. Crimean Tatar and Ukrainian activists and associations are primary targets of such discrimination (for instance, a complete ban on holding mass events on the eve of the 70-s anniversary of the Crimean Tatar deportation in May or Ukrainian Flag Day and Independence Day of Ukraine in August, detention and interrogation of activists, etc.). Moreover, Russian legislation that is currently being implemented in Crimea is repressive with respect to the freedom of peaceful assembly and freedom of association. For instance, peaceful assemblies can actually be held only subject to special permission, sanctions for violations committed during public events are ones of the most severe for private persons, the authorities resort to all-inclusive prohibitions on holding public events. As regards associations, their activities are also restricted by burdensome reporting, provisions on “foreign agents” and restrictions on the so-called “political activity” that is interpreted to the widest extent possible and includes various forms of control over authorities and influence on public opinion.

Restriction of the freedom of movement to and from the peninsula is particularly evident in the cases of prohibitions to a number of people, among them the leaders of the Crimean Tatars – Mustafa Dzhemiliov and Refat Chubarov – to enter Crimea. Moreover, numerous violations of the freedom of movement were committed by border-guards at the check-point letting in and out of Crimea. Thus, at the railway check-points (Melitopol, Novoalekseevka), the officers of the Border Guard Services of Ukraine asked the citizens of Ukraine with Crimean registration get off a train and return to the peninsula. They argue that such actions are excused by enhanced border control given the ongoing anti-terrorist operation, by special requirements for men aged 16-60, some regulations of the Government, requirements to demonstrate a written confirmation of the purpose for the trip, etc. Russian border guards do not permit citizens of Ukraine who have lost their passport or do not have passport photos glued in at the age of 25 and 45 to leave Crimea. There were instances when children aged between 14 and 16 were not permitted to leave Crimea because Russian citizens receive a passport at the age of 14.

Right to a fair trial is not fulfilled in Crimea due to the continuation of the so-called “grey period” from the stand-point of legal clarity and due to the lack of clarity in the work of judiciary and law enforcement agencies. The atmosphere of lawlessness and impunity of armed groups on the peninsula is nurtured due to connivance of law enforcement agencies. Most illustrative are the arrests of four alleged “terrorists” from “Pravyi Sector”, among which – Oleg Sentsov and leftwinged anti-fascist activist Oleksandr Kolchenko, their transfer to Moscow, as well as obstacles to the work of their lawyers and further pressure on their colleagues.

Prosecution for religious beliefs is becoming systematic. The biggest number of violations of

the freedom of conscience and religion is committed with respect to Muslims and parishioners of the Ukrainian Orthodox Church of the Kyivan Patriarchate (hereinafter – the “UOC-KP”). Churches of the Kyivan Patriarchate have been closed in Sevastopol, Krasnoperekopsk, Kerch and Perevalne village. UOC-KP priests are subjected to pressure by the Federal Security Service of Russia and local authorities. A number of actions of Crimean authorities (searches in mosques and other religious buildings and educational institutions of Muslims, searches for “forbidden”, “extremist” Islamic literature, establishment of the Tauric Muftiate as an alternative spiritual administration of Muslims of Crimea, etc.) can lead to aggravation of the situation and accelerate radicalization within Crimean Tatars.

The issues related to citizenship are still unresolved. In particular, it concerns the procedure of acquiring Russian citizenship, as well as the status of those Crimean people who did not receive Russian citizenship, including those who refused to receive it. There is a difficult situation with those who wanted to refuse from Russian citizenship but could not do it due to a very short period of time allotted for it. “Bestowment” of Russian citizenship resembled serfdom when people and their land had been automatically given a new status and a new citizenship. At the same time, for the people who did not renounce Russian citizenship for different reasons Ukrainian citizenship is not recognized. It, thus, deprives them of rights that are granted to citizens of Ukraine.

Also, there are various issues with enjoying social and economic rights, in particular the rights to private property, freedom of enterprise, rights to education, health care, labour rights, etc.

In the vision of CFM, the situation with human rights in Crimea may improve only when there is a strong civil society. *** CFM cooperates with various bodies and institutions of the Council of Europe and the OSCE, with the Office of the High Commissioner for Human Rights, as well as with both Ukrainian and Russian Ombudspersons, and regularly takes part in drafting reports on the situation with human rights in Crimea.

CFM continues uniting efforts of human rights organizations of Russia, Ukraine and other countries that are ready to work together in the area of human rights. It is ready for cooperation with other respective international organizations and national authorities.