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Ukraine

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

There were several reports that the government or its agents committed arbitrary or unlawful killings.

According to media reports, police in Kryve Ozero allegedly beat a man to death on August 24, after responding to a domestic violence call. Authorities detained four police officers on suspicion of murder. In response, the chief of the National Police disbanded a police station where the killing occurred. On October 2, the detained officers were released on bail; the pretrial investigation continues.

There were also reports of killings by government and Russian-backed separatist forces in connection with the conflict in Luhansk and Donetsk Oblasts (see section 1.g.).

There were reports of politically motivated killings by nongovernment actors.

On July 20, a car bomb in Kyiv killed Belarusian-born journalist, Pavel Sheremet, as he drove in a car belonging to his partner, Olena Prytula. Sheremet, a Russian citizen, worked for Ukrainska Pravda newspaper and Vesti radio station, where he had been critical of Ukrainian, Russian, and Belarusian authorities. Authorities released a video of two individuals placing the device under the car. As of year’s end, the investigation remained open and authorities had made no arrests.

On March 9, Yuriy Hrabovsky, a lawyer representing a detained Russian special forces soldier, Aleksandr Aleksandrov, disappeared in Odesa. On March 25, his body was found in a shallow roadside grave. The killing remained under investigation at year’s end, and authorities had made no arrests.

Human rights organizations and media reported deaths in prisons or detention centers due to torture or negligence by police or prison officers (see section 1.c., Prison and Detention Center Conditions).

Law enforcement agencies continued to investigate killings and other crimes committed during the Euromaidan protests in Kyiv in 2013-14. Human rights groups were critical of the low number of convictions despite considerable evidence. Human rights groups also criticized prosecutors for focusing on low-ranking officials while taking little action to investigate government leaders believed to have been involved. According to the Prosecutor General’s Office, as of mid-November, courts had convicted 45 persons investigated for Euromaidan-related crimes, 152 were on trial, and 190 remained under investigation.

Law enforcement agencies also continued their investigation into the events in Odesa in 2014 in which 48 persons died, including six government supporters and 42 persons who supported more autonomy for regions. Those who supported autonomy died in a fire at the Trade Union Building; authorities largely failed to investigate these deaths, focusing on alleged crimes committed by individuals seeking more autonomy. A Council of Europe report in 2015 found the government’s investigation lacked independence and that the Prosecutor General’s Office and the Ministry of Internal Affairs failed to conduct a thorough, coordinated investigation. On January 15, a group of civil society activists and journalists released a statement expressing their lack of confidence in the investigation by the Prosecutor General’s Office and the Ministry of Internal Affairs, accusing the authorities of sabotaging the investigation to prevent the perpetrators from being brought to justice. On May 4, Odesa police chief, Petro Lutsiuk, was fired from his position, and the Prosecutor General’s Office later charged him with abuse of authority in connection with the events at the trade union building. Court hearings continued through the year’s end.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but serious problems remained.

AI and HRW reported details of arbitrary secret detentions by the SBU that emerged following the release of 13 persons from an SBU facility in Kharkiv (see section 1.b.). One of those detained, Viktor Ashykhin, was kidnapped from his hometown of Ukrainsk in 2014 and released in July. He told AI that he was moved three times during his 597-day illegal detention to hide him from independent monitors.

The HRMMU, AI, HRW, and other international groups reported numerous unauthorized detentions in areas of Donbas controlled by Russian-backed separatists (see section 1.g.).

ROLE OF THE POLICE AND SECURITY APPARATUS

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

Civilian authorities generally had control over law enforcement agencies but rarely took action to punish abuses committed by security forces.

Impunity for abuses by law enforcement remained a significant problem frequently highlighted by the HRMMU in its reports and by other human rights groups. In its September report, the HRMMU attributed the problem to “pressure on the judiciary, [and] inability and unwillingness of the Office of the Prosecutor General and Office of the Military Prosecutor to investigate” abuses. The HRMMU also noted that authorities were unwilling to investigate allegations of torture, particularly when victims were detained on grounds related to national security or were seen as proseparatist.

While authorities sometimes brought charges against members of the security services, cases often remained under investigation without being brought to trial, while authorities allowed alleged perpetrators to continue their work. Additionally, human rights groups criticized the lack of progress in investigations of alleged crimes in areas retaken by Ukraine from Russian-backed separatists, resulting in continuing impunity for these crimes. In particular, investigations of alleged crimes committed by Russian-backed separatist forces in Slovyansk and Kramatorsk in 2014 appeared stalled. Human rights groups believed that many of the local law enforcement personnel in both cities collaborated with Russian-backed separatists when they controlled these cities.

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

Security forces generally prevented or responded to societal violence. At times, however, they used excessive force to disperse protests and, in some cases, failed to protect victims from harassment or violence. For example, on September 1, approximately 100 persons attacked a camp of peaceful demonstrators near the Odesa City Council on Dumska Street. The attackers pushed protesters from the square using fire extinguishers and tear gas and destroyed their camp. A few protesters were injured and hospitalized. According to witnesses, police watched and did nothing to prevent the clashes.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law authorities may detain a suspect for three days without a warrant, after which time a judge must issue a warrant authorizing continued detention. Authorities in some cases detained persons for longer than three days without a warrant.

Prosecutors must bring detainees before a judge within 72 hours, and pretrial detention should not exceed six months for minor crimes and 12 months for serious ones. Persons have the right to consult a lawyer upon their detention. According to the law, prosecutors may detain suspects accused of terrorist activities for up to 30 days without charges or a bench warrant. Under the law citizens have the right to be informed of the charges brought against them. Authorities must promptly inform detainees of their rights and immediately notify family members of an arrest. Police often did not follow these procedures. Police at times failed to keep records or register detained suspects, and courts often extended detention to allow police more time to obtain confessions. Authorities kept suspects under house arrest and occasionally held them incommunicado, in some instances for several weeks.

Under the law the government must provide attorneys for indigent defendants. Compliance was inconsistent because of a shortage of defense attorneys or because attorneys, citing low government compensation, refused to defend indigent clients. According to the Ministry of Justice, 60,500 persons received free legal aid. As of September 1, there were 550 points of access to free legal aid throughout the government-controlled areas of the country.

The law provides for bail, but many defendants could not pay the required amounts. Courts sometimes imposed travel restrictions as an alternative to pretrial confinement. Under the criminal procedure code, prosecutors need a court order to impose travel restrictions on persons awaiting trial. Prosecutors must prove the restrictions are the minimum needed to ensure that suspects will appear at hearings and not interfere with criminal proceedings.

Arbitrary Arrest: The HRMMU reported a pattern of arbitrary detention by authorities. In its September report, the HRMMU reported that the SBU apprehended a married couple in Odesa and reportedly held the couple incommunicado at an SBU compound for 20 hours before recording their detention. SBU also reportedly subjected them to threats, sleep deprivation, interrogation without a lawyer present, and denied requests for legal counsel.

The HRMMU expressed concern over mass arrests in government-controlled portions of Donetsk and Luhansk Oblasts. These oblasts are subject to the Law on Combatting Terrorism, which allows authorities to make arrests with a lower standard of proof than allowed under the criminal procedure code, leading in some cases to arbitrary arrest. For example, in its March report, the HRMMU cited SBU raids, conducted in December 2015 in Krasnohorivka and Avdiivka in Donetsk oblast, in which authorities detained hundreds of persons for several hours for questioning about alleged affiliation with armed groups. Authorities subsequently released most detainees.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Under the law citizens have the right to challenge an arrest in court or by appeal to a prosecutor to obtain prompt release in cases of unlawful detention.

Protracted Detention of Rejected Asylum Seekers or Stateless Persons: Authorities frequently detained asylum seekers for extended periods without court approval. They also regularly detained asylum seekers prior to their deportation (see section 2.d.).

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. On July 17, parliamentary by-elections were conducted in seven constituencies.

Elections and Political Participation

Recent Elections: In 2014 citizens elected Petro Poroshenko president in an election considered free and fair by international and domestic observers. Later that year the country held early parliamentary elections that observers also considered free and fair. In October 2015 the country held nationwide local elections.

On July 17, citizens in seven constituencies voted in parliamentary by-elections. According to the OSCE observer mission, the elections were organized and democratic but influenced by economic interests. According to OPORA, a human rights NGO that monitored elections in the country, some candidates started campaigning prematurely, leading to unfair advantages for certain candidates and parties. OPORA considered the elections to be free and fair with electoral irregularities that were not systemic.

IDPs were unable to vote in local elections unless they changed their registration to their new place of residence.

Political Parties and Political Participation: On February 25, President Poroshenko signed a bill that allows political parties to wait until after an election to select which members from a party list will take seats in the Verkhovna Rada. The law was widely criticized by domestic and international election monitoring groups, as it shifts the power of selecting deputies from the electorate to the leadership of political parties.

The Communist Party remains banned.

Participation of Women and Minorities: There are no laws limiting the participation of women and members of minorities in the political process and women and minorities did so.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. The government invited human rights groups to participate in monitoring activities, drafting legislation, and adopting administrative rules.

International and domestic human rights groups collaborated with the government to draft the National Human Rights Strategy and related action plan in 2015. During the year civil society closely monitored implementation and expressed concern about government progress on the action plan. Representatives from the human rights ombudsman’s office noted that, as of September 23, the strategy remained largely unimplemented and cited concerted resistance from certain ministries, including the Ministries of Justice and Health, to cooperating with the office on implementation. Human rights groups described particular government resistance to implementing points in the plan that related to the rights of IDPs. The HRMMU stated that, in the Ministry of Justice’s first progress report on the plan, some activities marked as completed were implemented only partially or not in substance.

The Ministry of Justice, the Office of the Human Rights Ombudsman’s, and civil society groups such as the Ukrainian Helsinki Human Rights Union participated in open hearings in December to mark the one-year anniversary of the action plan. Nongovernmental representatives reported slow progress and weak intragovernmental coordination, but both government representatives and human rights activists indicated progress in justice sector reform and the provision of social services.

Russian authorities and the separatists they backed routinely denied domestic and international human rights groups access to territories they controlled in Crimea and eastern Ukraine. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation (see section 2.b.).

The United Nations or Other International Bodies: The government cooperated with international organizations, such as the OSCE, the Council of Europe, and the HRMMU.

Government Human Rights Bodies: The constitution provides for a human rights ombudsman, officially designated as parliamentary commissioner on human rights. The Human Rights Ombudsman’s Office frequently collaborated with NGOs through civic advisory councils on various projects for monitoring human rights practices in prisons and other government institutions (see sections 1.c. and 1.d.).

Valeriya Lutkovska served as parliamentary ombudsman for human rights during the year, and observers considered her office an effective promoter of human rights. The office was a partner with leading domestic human rights groups and an advocate on behalf of Crimean Tatars, IDPs, Roma, persons with disabilities, LGBTI individuals, and prisoners.

Ukraine (Crimea)

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

Russian occupation authorities did not adequately investigate cases of abductions and killings of Crimean residents from 2014 and 2015. According to the Ukrainian Ministry of Foreign Affairs, 12 Crimean residents who had disappeared during the occupation were later found dead. Occupation authorities did not investigate other suspicious deaths and disappearances, occasionally categorizing them as suicide. Human rights observers reported that families frequently did not challenge findings in such cases due to fear of retaliation.

d. Arbitrary Arrest or Detention

Occupation authorities arbitrarily detained protesters, activists, and journalists for opposing the Russian occupation.

ROLE OF THE POLICE AND SECURITY APPARATUS

Russian government agencies, including the Ministry of Internal Affairs, the FSB, the Federal Investigative Committee, and the Office of the Prosecutor General applied and enforced Russian law in Crimea. The FSB also conducted security, counterintelligence, and counterterrorism activities and combatted organized crime and corruption. A “national police force” operated under the aegis of the Russian Ministry of Internal Affairs.

In addition to abuses committed by Russian forces, “self-defense forces,” largely consisting of former Ukrainian Ministry of Interior officers allegedly linked to local organized crime, reportedly continued to operate and commit abuses. These forces often acted with impunity in intimidating perceived occupation opponents and were involved in extrajudicial detentions and arbitrary confiscation of property. While the “law” places the “self-defense forces” under the authority of the “national police,” their members continued to commit abuses while receiving state funding for their activities as well as other rewards, such as beachfront property and service medals. For example, on December 8, members of “self-defense” forces allegedly beat two residents of the village of Shchelkino. Police arriving at the scene declined to arrest members of the self-defense forces. An investigation into the incident continued.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Arbitrary Arrest: There were reports that Russian occupation authorities made arbitrary arrests, in particular targeting Crimean Tatars.

On May 12, police arrested Ilmi Umerov, a member of the Crimean Tatar Mejlis, accusing him of “undermining the territorial integrity of the Russian Federation” for stating that Crimea remains part of Ukraine. Umerov, who suffered from health problems, has since been taken from court hearings in poor health. On August 18, Umerov was forcibly subjected to psychiatric hospitalization, ostensibly for an examination, exacerbating his health problems. On September 7, occupation authorities released him from the hospital following international publicity over the case. At year’s end his case remained in pretrial investigation.

As of October 25, occupation authorities had arrested 19 Crimean residents, mostly Crimean Tatars, accusing them of belonging to Hizb-ut-Tahrir, a pan-Islamic organization prohibited in Russia but not Ukraine. Human rights groups believed occupation authorities intended to intimidate Crimean Tatars, discredit the Mejlis leadership, and instill fear in the local population to prevent dissent through the arrests.

Russian authorities continued to detain Akhtem Chiygoz, the deputy leader of the Crimean Tatar Mejlis. Russian authorities arrested Chiygoz in January 2015 and charged him with “inciting a mass riot” during protests he organized at the Crimean parliament in 2014 that were disrupted by pro-Russian activists, resulting in clashes between the groups. Subsequently, occupation authorities prosecuted individuals alleged to have participated in the protest, although Russia did not exercise control over Crimea at the time. Human rights groups reported that authorities reviewed video of the incident and selectively brought charges against leading Crimean Tatar and Ukrainian individuals who subsequently opposed the occupation, in particular members of the Crimean Tatar Mejlis. Video footage shows Chiygoz and other Crimean Tatar leaders working to defuse tensions in the hopes of avoiding clashes with counterprotesters. Occupation authorities refused to investigate acts of violence committed by pro-Russian “protesters,” who were likely working for Russian security services according to independent observers. On December 12, authorities extended Chiygoz’s detention until April 2017.

Throughout the year Russian authorities conducted mass arrests designed to humiliate and intimidate Crimean Tatars. On April 1, Russian security forces detained 35 men, mostly Crimean Tatars, in Pionierske, took them to a “center to combat extremism,” and collected DNA samples from them. Human rights groups claimed that Russian security forces attempted to recruit some as police informants. On May 6, Russian security forces detained more than 100 Crimean Tatars at a mosque in Molodizhne. On May 7, Russian security forces detained another 35 Muslims, many of whom were Crimean Tatars, at a market in Simferopol.

Section 3. Freedom to Participate in the Political Process

Recent Elections: Russian occupation authorities have prevented residents from voting in Ukrainian national and local elections since Crimea’s occupation began in 2014.

On September 18, Russia’s nationwide parliamentary elections included seats allocated for occupied Crimea, a move widely condemned by the international community. The Crimea Human Rights Group recorded incidents where occupation authorities coerced residents into voting in the elections, including threats of dismissals and wage cuts.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Most independent human rights organizations ceased activities in Crimea following Russia’s occupation. Occupation authorities refused to cooperate with independent human rights NGOs and ignored their views, and they harassed human rights monitors and threatened them with fines and imprisonment.

Russia continued to deny access to the peninsula to international human rights monitors from the OSCE and the United Nations. A Council of Europe human rights delegation visited Crimea in April.

The Assembly has a committee on legal issues, public administration, and human rights.

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