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

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

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

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

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

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

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

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

The HRMMU noted there was limited progress in the investigation and legal proceedings connected to a 2014 trade union building fire in Odesa that stemmed from violent clashes between pro-Russian and Ukrainian unity demonstrators. During the clashes and fire, 48 persons died, including six prounity and 42 pro-Russia individuals. On May 30, an indictment against the former heads of the Odesa city police and the city public security department for “abuse of authority or office” was submitted to the Prymorsky district court in Odesa. The trial against the head of the Odesa Oblast police on charges of abuse of authority, forgery, and dereliction of duty in protecting people from danger continued. Observers noted that appeal proceedings challenging the September 2017 acquittal by the Chornomorsk court in Odesa Oblast of 19 defendants in the 2014 trade union building fire case due to lack of evidence appeared to be stalled.

b. Disappearance

There were multiple reports of politically motivated disappearances in connection with the conflict between the government and Russia-led forces in the Donbas region (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit torture and other cruel and unusual punishment, there were reports that law enforcement authorities engaged in such abuse. While courts cannot legally use as evidence in court proceedings confessions and statements made under duress to police by persons in custody, there were reports that police and other law enforcement officials abused and, at times, tortured persons in custody to obtain confessions.

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

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

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

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

Prison and Detention Center Conditions

Prison and detention center conditions remained poor, did not meet international standards, and at times posed a serious threat to the life and health of prisoners. Physical abuse, lack of proper medical care and nutrition, poor sanitation, and lack of adequate light were persistent problems.

Physical Conditions: Overcrowding was a problem in some pretrial detention facilities. While authorities generally held adults and juveniles in separate facilities, there were reports that juveniles and adults were often not separated in some pretrial detention facilities, a concern emphasized in the June 8 UN SRT report.

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

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

Conditions in police temporary detention facilities and pretrial detention facilities were harsher than in low- and medium-security prisons. Temporary detention facilities often had insect and rodent infestations and lacked adequate sanitation and medical facilities. The CPT expressed concern that prisoners in pretrial detention were generally not offered any out-of-cell activities other than outdoor exercise for an hour per day in small yards.

The quality of food in prisons was generally poor. According to the June report of the UN SRT, inmates received three meals a day, although in most places the food was described as “inedible,” leading inmates to rely on supplementary food they received through parcels from family. According to CPT, in some pretrial detention centers, detainees did not have consistent access to food and water. According to UN SRT, most hygienic products including toilet paper, soap, and feminine hygiene products were not provided and detainees relied on supplies provided by family or donated by humanitarian organizations. In some facilities, cells had limited access to daylight and were not properly heated or ventilated.

UN and other international monitors documented systemic problems with the provision of medical care. The CPT observed a lack of medical confidentiality, poor recording of injuries, and deficient access to specialists, including gynecological and psychiatric care. There was a shortage of all kinds of medications with an over-reliance on prisoners and their families to provide most of the medicines. Conditions in prison healthcare facilities were poor and unhygienic. Bureaucratic and financial impediments prevented the prompt transfer of inmates to city hospitals, resulting in their prolonged suffering, and delayed diagnoses and treatment.

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

The condition of prison facilities and places of unofficial detention in Russia-controlled areas continued to deteriorate. According to the Justice for Peace coalition, there was an extensive network of unofficial places of detention in the Donetsk and Luhansk Oblasts located in basements, sewage wells, garages, and industrial enterprises. In most cases, these places were not suitable for even short-term detention. There were reports of severe shortages of food, water, heat, sanitation, and proper medical care. The HRMMU was denied access to detainees in the Russia-controlled territory of the so-called “Donetsk People’s Republic (DPR)” and “Luhansk People’s Republic (LPR).” The lack of access to detainees raised concerns about the conditions of detention and treatment. The UN SPT was granted access to places of detention in the “DPR” and “LPR,” but this was limited to preselected sites and he was unable to conduct confidential interviews with detainees. The UN SPT indicated that these restrictions did not allow him to fulfill his mandate in this part of Ukraine. Based upon his limited observations of official detention facilities in the “DPR,” he reported that healthcare appeared to be restricted, the quality of the food was reported to be unacceptable, and ventilation and sanitation appeared very poor. The East Human Rights Group continued to report systemic abuses against prisoners in the “LPR,” such as torture, starvation, denial of medical care, and solitary confinement as well as the extensive use of prisoners as slave labor to produce goods that, when sold, provided personal income to the leaders of the Russia-led forces.

Administration: Although prisoners and detainees may file complaints about conditions in custody with the human rights ombudsman, human rights organizations noted prison officials continued to censor or discourage complaints and penalized and abused inmates who filed them. Human rights groups reported that legal norms did not always provide for confidentiality of complaints. According to representatives of the national preventive mechanism, an organization that conducted monitoring visits of places of detention, authorities did not always conduct proper investigations of complaints.

While officials generally allowed prisoners, except those in disciplinary cells, to receive visitors, prisoner rights groups noted some families had to pay bribes to obtain permission for prison visits to which they were entitled by law.

Independent Monitoring: The government generally permitted independent monitoring of prisons and detention centers by international and local human rights groups, including the CPT, the Ombudsman’s Office, and the UN SRT. During its May-June visit, the UN SRT also had access to a very restricted set of facilities in the “DPR” and the “LPR.”

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government did not always observe these requirements.

The HRMMU and other monitoring groups reported numerous arbitrary detentions in connection with the conflict in eastern Ukraine (see section 1.g.).

ROLE OF THE POLICE AND SECURITY APPARATUS

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

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

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

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

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

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

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

Prosecutors must bring detainees before a judge within 72 hours, and pretrial detention should not exceed six months for minor crimes and 12 months for serious ones. Persons have the right to consult a lawyer upon their detention. According to the law, prosecutors may detain suspects accused of terrorist activities for up to 30 days without charges or a bench warrant. Under the law, citizens have the right to be informed of the charges brought against them. Authorities must promptly inform detainees of their rights and immediately notify family members of an arrest. Police often did not follow these procedures. Police at times failed to keep records or register detained suspects, and courts often extended detention to allow police more time to obtain confessions. In its September report, the CPT expressed concern about a widespread practice of unrecorded detention, in particular, the unrecorded presence in police stations of persons “invited” for “informal talks” with police, and noted that they encountered several allegations of physical mistreatment that took place during a period of unrecorded detention. Authorities occasionally held suspects incommunicado, in some cases for several weeks.

According to the Association of Ukrainian Human Rights Monitors on Law Enforcement, detainees were not always allowed prompt access to an attorney of their choice. Under the law the government must provide attorneys for indigent defendants. Compliance was inconsistent because of a shortage of defense attorneys or because attorneys, citing low government compensation, refused to defend indigent clients.

The law provides for bail, but many defendants could not pay the required amounts. Courts sometimes imposed travel restrictions as an alternative to pretrial confinement.

Arbitrary Arrest: The HRMMU and other human rights monitors reported a continued pattern of arbitrary detention by authorities. For example, according to the HRMMU, on March 12, the SBU searched the apartment of an opposition journalist in Kharkiv. SBU staff presented a search warrant but did not allow the suspect to contact a lawyer. After the SBU seized a plastic bottle with ammunition rounds which they claimed they found in the journalist’s apartment, they took him to the regional SBU department, interrogated him for 12 hours, and pressured him to cooperate with SBU. They released him later without pressing official charges.

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

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

Arbitrary arrest was reportedly widespread in both the “DPR” and the “LPR.” The HRMMU raised particular concern over the concept of “preventive arrest” introduced in February by Russia-led forces in the “LPR.” Under a preventive arrest, individuals may be detained for up to 30 days, with the possibility of extending detention to 60 days, based on allegations that a person was involved in crimes against the security of the “LPR.” During preventive arrests, detainees were held incommunicado and denied access to lawyers and relatives.

e. Denial of Fair Public Trial

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

Despite efforts to reform the judiciary and the Prosecutor General’s Office, corruption among judges and prosecutors remained endemic. Civil society groups continued to complain about weak separation of powers between the executive and judicial branches of government. Some judges claimed that high-ranking politicians pressured them to decide cases in their favor, regardless of the merits. Some judges and prosecutors reportedly took bribes in exchange for legal determinations. Other factors impeded the right to a fair trial, such as lengthy court proceedings, particularly in administrative courts, inadequate funding, and the inability of courts to enforce rulings.

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

TRIAL PROCEDURES

A single judge decides most cases, although two judges and three public assessors who have some legal training hear trials on charges carrying the maximum sentence of life imprisonment. The law provides for cross-examination of witnesses by both prosecutors and defense attorneys and for plea bargaining.

The law presumes defendants are innocent, and they cannot be legally compelled to testify or confess, although high conviction rates called into question the legal presumption of innocence. Defendants have the right to be informed promptly and in detail of the charges against them, with interpretation as needed; to a public trial without undue delay; to be present at their trial, to communicate privately with an attorney of their choice (or one provided at public expense); and to have adequate time and facilities to prepare a defense. The law also allows defendants to confront witnesses against them, to present witnesses and evidence, and the right to appeal.

Trials are open to the public, but some judges prohibited media from observing proceedings. While trials must start no later than three weeks after charges are filed, prosecutors seldom met this requirement. Human rights groups reported officials occasionally monitored meetings between defense attorneys and their clients.

Russia-led forces terminated Ukrainian court system functions on territories under their control in 2014. The so-called “DPR” and “LPR” did not have an independent judiciary, and the right to a fair trial was systematically restricted. The HRMMU reported that in many cases individuals were not provided with any judicial review of their detention, and were detained indefinitely without any charges or trial. In cases of suspected espionage or when individuals were suspected of having links to the Ukrainian government, closed-door trials by military tribunals were held. There were nearly no opportunities to appeal the verdicts of these tribunals. According to the HRMMU, “accounts by conflict-related detainees suggest that their degree of culpability in the imputed ‘crime’ was already considered established at the time of their ‘arrest,’ amounting to a presumption of guilt. Subsequent ‘investigations’ and ‘trials’ seemed to serve merely to create a veneer of legality to the ‘prosecution’ of individuals believed to be associated with Ukrainian military or security forces.” The HRMMU reported that de facto authorities generally impede private lawyers from accessing clients and that court-appointed defense lawyers generally made no efforts to provide an effective defense, and participated in efforts to coerce guilty pleas.

POLITICAL PRISONERS AND DETAINEES

There were reports of a small number of individuals that some human rights groups considered to be political prisoners.

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

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

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

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution and law provide for the right to seek redress for any decisions, actions, or omissions of national and local government officials that violate citizens’ human rights. An inefficient and corrupt judicial system limited the right of redress. Individuals may also file a collective legal challenge to legislation they believe may violate basic rights and freedoms. Individuals may appeal to the human rights ombudsman at any time and to the ECHR after exhausting domestic legal remedies.

PROPERTY RESTITUTION

The country endorsed the 2009 Terezin Declaration but has not passed any laws dealing with the restitution of private or communal property, although the latter has been dealt with partly through regulations and decrees. In recent years most successful cases of restitution have taken place as a result of tacit and behind-the-scenes lobbying on behalf of the Jewish groups.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, but there were reports authorities generally did not respect the prohibitions.

By law, the SBU may not conduct surveillance or searches without a court-issued warrant. The SBU and law enforcement agencies, however, sometimes conducted searches without a proper warrant. In an emergency authorities may initiate a search without prior court approval, but they must seek court approval immediately after the investigation begins. Citizens have the right to examine any dossier in the possession of the SBU that concerns them; they have the right to recover losses resulting from an investigation. There was no implementing legislation, and authorities generally did not respect these rights, and many citizens were not aware of their rights or that authorities had violated their privacy.

There were some reports that the government had accessed private communications and monitored private movements without appropriate legal authority. For example on April 26, a judge of the Uzhhorod city court complained of illegal surveillance. Representatives of the National Guard who were entrusted with guarding the court premises had allegedly installed a listening device in his office. Police opened an investigation into the complaint.

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

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

The law provides criminal penalties for corruption. Authorities did not effectively implement the law, and many officials engaged in corrupt practices with impunity. While the number of reports of government corruption was low, corruption remained pervasive at all levels in the executive, legislative, and judicial branches of government.

On June 26, the president signed the Law on the High Anticorruption Court (HACC); on August 2, he signed an amendment to the law that clarified the HACC appeals processes. Observers noted that the HACC’s creation completed the country’s system of bodies to fight high-level corruption. Its success will depend on the integrity of the selection procedures for its judges as well as on the effectiveness and independence of the other two previously created anticorruption agencies, the National Anticorruption Bureau (NABU) and the Special Anticorruption Prosecutor (SAP). The process for selecting HACC judges began in August. In November anticorruption watchdogs expressed concern about apparent limitations on the work of an international expert panel that the law mandates participate in the HACC judge selection process to ensure the integrity of candidates.

The new independent anticorruption bodies faced political pressure that undermined public trust, raised concern about the government’s commitment to fighting corruption, and threatened the viability of the institutions. Anticorruption watchdogs noted that several appointments to NABU’s audit board during the year were seen as personally loyal to the president and posing a threat to NABU’s independence. Observers alleged that the release of leaked conversations by the head of SAP in early 2018 indicated he had engaged in witness tampering and obstruction of justice. He refused to resign, was not disciplined by the Prosecutor General or prosecutorial body, and allegedly proceeded to undermine NABU investigations, weakening efforts to hold high-ranking officials to account.

Corruption: While the government publicized several attempts to combat corruption, it remained a serious problem for citizens and businesses alike.

On February 13, NABU arrested Odesa Mayor Hennadiy Trukhanov and three city council deputies, who were charged with embezzlement and causing financial damage to the state. He was released on bail on February 15. According to NABU, Trukhanov and his associates profited from a fraud scheme in which the Odesa city government bought a building from a fictitious private company for 185 million hryvnias ($6.9 million) in 2016. That company, allegedly beneficially owned by Trukhanov and associates, had allegedly bought the building just months earlier from the Odesa city government for just 11.5 million hryvnias ($430,000) at an auction and had made millions of dollars in illicit profit from the resale. A court began reviewing the case on November 14.

Financial Disclosure: The law mandates the filing of income and expenditure declarations by public officials, and a special review process allows for public access to declarations and sets penalties for either not filing or filing a false declaration. By law, the National Agency for the Prevention of Corruption (NAPC) is responsible for reviewing financial declarations, monitoring the income and expenditures of high-level officials, and checking party finances. Observers increasingly questioned, however, whether the NAPC had the capacity and independence to fulfill this function, noting that in practice NABU had proven to be more effective for oversight of declarations, even though this was not its core mandate. In July, Transparency International Ukraine noted that the NAPC had fully reviewed only 300 declarations out of 2.5 million that had been submitted and had identified multiple serious holes in its verification procedures. On September 25, the NAPC launched “automated” verification of declarations, which would purportedly allow easier identification of declarations at “high risk’ of fraud. Observers noted serious flaws in this automated procedure and doubted it would result in improved verification. Observers noted that the NAPC’s December announcement that it would open criminal cases regarding party financing against the lead opposition party Batkivshchyna and several minor parties after years of general inactivity raised concerns that it might be used for political purposes ahead of the 2019 election cycle.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. During the year burdensome new reporting requirements on NGOs working on anticorruption matters came into effect. The requirements were adopted in 2017 in apparent retaliation for the NGOs’ activities (see section 2.b., Freedom of Association).

Authorities in Russia-controlled areas in eastern Ukraine routinely denied access to domestic and international civil society organizations. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation (see section 2.b., Freedom of Association).

Government Human Rights Bodies: The constitution provides for a human rights ombudsman, officially designated as legislative 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.

The Ombudsman’s Office collaborated with leading domestic human rights groups and acted as an advocate on behalf of Crimean Tatars, IDPs, Roma, persons with disabilities, LGBTI individuals, and prison inmates.

On March 15, the parliament appointed Lyudmila Denisova parliamentary commissioner for human rights. The office of the Human Rights Ombudsperson cooperated with NGOs on various projects to monitor human rights practices in various institutions, including detention facilities, orphanages and boarding schools for children, and geriatric institutions. Denisova took a proactive stance advocating on behalf of political prisoners held by Russia, Crimean Tatars, Roma, IDPs, and persons with disabilities.

During the year, human rights groups expressed growing concern about an increasingly organized set of nationalist hate groups committing violent attacks on ethnic minorities (especially Roma), LGBTI persons, feminists, and other individuals they considered to be “un-Ukrainian” or “anti-Ukrainian.” The HRMMU noted that the failure of police and prosecutors to prevent these acts of violence, properly classify them as hate crimes, and effectively investigate and prosecute them created an environment of impunity and lack of justice for victims. A June 13 joint open letter to Ukrainian authorities from Human Rights Watch, Freedom House, Amnesty International, and Frontline Defenders also expressed concerns about the spike in attacks and impunity, and noted “the inadequate response from the authorities sends a message that such acts are tolerated.”

Investigative journalists exposed several instances during the year in which the government provided grant funds to or cooperated with hate groups. On June 8, the Ministry of Youth and Sport announced that it would award C14, a nationalist hate group, 440,000 hryvnia ($17,000) to hold a youth summer camp. The ministry later justified the decision by stating that it provided the funds only for specific project activities that were not violent. Media outlets reported that C14 and other hate groups had entered into formal agreements with municipal authorities in Kyiv and other cities to form “municipal guard” patrol units to provide public security. In a December 2017 media interview, the head of C14 described cooperation with the SBU and police (see section 1.d.).

Women

Rape and Domestic Violence: The law prohibits rape of men or women. The penalty for rape is three to 15 years imprisonment. Sexual assault and rape continued to be significant problems.

On January 4, the president signed a new law, On Preventing and Combating Domestic Violence, which came into force on January 7. It introduced a new legal concept of domestic violence and called for the creation of a unified state register to monitor cases of domestic violence. Under the law, an offender is liable for compulsory community service, or a two to eight year prison term.

Domestic violence against women remained a serious problem. Spousal abuse was common. According to the Ministry of Internal Affairs, 651 cases of domestic violence were registered during the first nine months of the year. Police issued approximately 68,000 domestic violence warnings and protection orders during the first nine months of the year. Punishment included fines, emergency restraining orders of up to 10 days, ordinary restraining orders from one to six months, administrative arrest, and community service. Human rights groups noted that the ability of agencies to detect and report cases of domestic violence was limited. Human rights groups asserted that law enforcement often did not consider domestic violence to be a serious crime but rather a private matter to be settled between spouses, but also noted that police were starting to take the problem more seriously.

On November 5, police in Vinnytsia Oblast arrested 54-year old Petro Putsak for starving his 78-year old mother. Neighbors reported that he locked his mother in the house, deprived her of medical help and would occasionally beat her when demanding money. The woman was taken to the intensive care unit of a local hospital. Police were in the process of investigating the case.

According to the NGO La Strada, the conflict in the Donbas region led to a surge in violence against women across the country. Human rights groups attributed the increase in violence to posttraumatic stress experienced by IDPs fleeing the conflict and by soldiers returning from combat. IDPs reported instances of rape and sexual abuse; many claimed to have fled areas controlled by Russia-led forces because they feared sexual abuse.

Although the law requires the government to operate a shelter in every major city, it did not do so. Social services centers monitored families in matters related to domestic violence and child abuse.

Sexual Harassment: While the law prohibits coercing a “materially dependent person” to have sexual intercourse, legal experts stated that safeguards against harassment were inadequate. The law puts sexual harassment in the same category as discrimination and sets penalties from a fine of up to three years in prison. Women’s rights groups reported continuing and widespread sexual harassment, including coerced sex, in the workplace. Women rarely sought legal recourse because courts declined to hear their cases and rarely convicted perpetrators.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides that women enjoy the same rights as men. Nevertheless, women experienced discrimination in employment. According to the government commissioner on gender policy, women received 30 percent lower salaries than men. In December 2017 the Ministry of Health removed 450 occupations from a list of occupations prohibited for women; 50 occupations remained on the list, however. In April the government approved the State Social Program for Equal Rights and Opportunities for Women and Men, which aimed to ensure access of men and women to employment, achieve balanced participation of women and men in political and public decision-making, to bridge the gap in salary payments, and to adopt appropriate regulations to achieve gender mainstreaming in all policies.

In September the parliament approved the Law on Ensuring Equal Rights and Opportunities for Women and Men Serving in the Ukrainian Armed Forces and Other Military Institutions, which provided for gender equality related to military service. The bill was aimed at ensuring gender equality and combating gender-based discrimination in the security and defense sectors, including the recognition and compensation of women’s service in combat roles and the ability for women to receive an education at military academies (see also section 7.d.).

Children

Birth Registration: Either birth in the country or to Ukrainian parents conveys citizenship. A child born to stateless parents residing permanently in the country is a citizen. The law requires that parents register a child within a month of birth, and failure to register sometimes resulted in denial of public services.

Registration of children born in Crimea or Russia-controlled areas in Donbas remained difficult. Authorities required hospital paperwork to register births. Russia-backed “authorities” routinely kept such paperwork if parents registered children in territories under their control, making it difficult for the child to obtain a Ukrainian birth certificate. In addition, authorities did not recognize documents issued by Russian occupation authorities in Crimea or “authorities” in territories controlled by Russia-led forces. Persons living in Crimea and parts of Russia-controlled Donbas had to turn to Ukrainian courts with birth or death documents issued by occupational authorities in order to receive Ukrainian documents. The courts were obliged to make rulings in 24 hours; these decisions were then carried out by the registry office. Due to the lack of judges in local courts, Ukrainians living in regions occupied by Russia and Russian-led forces faced serious difficulty in obtaining Ukrainian documents.

Child Abuse: Penalties for child abuse range from three years to life depending on severity. The law “On Children Protection from Sexual Abuse and Sexual Exploitation,” which amended the Criminal Code of Ukraine to criminalize sexual relations between adults and persons who have not reached the age of 16, came into force on April 18. The law calls for imprisonment of up to five years for those who engage in sexual relations with a child younger than 16.

Human rights groups noted authorities lacked the capability to detect violence against children and refer victims for assistance. Preventive services remained underdeveloped. There were also instances of forced labor involving children (see section 7.c.).

Authorities did not take effective measures at the national level to protect children from abuse and violence and to prevent such problems. The ombudsman for human rights noted the imperfection of mechanisms to protect children who survived or witnessed violence, in particular violence committed by their parents. According to the law, parents were the legal representatives of their children, even if they perpetrated violence against them. There is no procedure for appointing a temporary legal representative for a child during the investigation of alleged parental violence.

In early November a two-year old boy was taken to the intensive care unit in Kyiv. According to the police, his stepfather brutally beat him. Police began investigating the incident and the child was removed from the family pending conclusion of the investigation.

Early and Forced Marriage: The minimum age for marriage is 18. A court may grant a child as young as 16 permission to marry if it finds marriage to be in the child’s interest. Romani rights groups reported that early marriages involving girls under the age of 18 were common in the Romani community.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum prison sentence for child rape is 10 years. Molesting a child younger than 16 is punishable by imprisonment for up to five years. The same offense committed against a child younger than 14 is punishable by imprisonment for five to eight years. The age of consent is 16.

Sexual exploitation of children, however, remained significantly underreported. Commercial sexual exploitation of children remained a serious problem.

Domestic and foreign law enforcement officials reported that a significant amount of child pornography on the internet continued to originate in the country. The IOM reported that children from socially disadvantaged families and those in state custody continued to be at high risk of trafficking, including for commercial sexual exploitation and the production of pornography. For example on June 13 in Kryvyi Rih, police arrested a couple who repeatedly raped their daughter. They allegedly recorded the child’s abuse and sold videos of it over the internet. According to police, the father had abused the four-year-old child since she was two. The girl’s 30-year-old mother did nothing to stop her husband from abusing and molesting the child. The child was placed in a local rehabilitation center. An investigation was underway as of year’s end.

Displaced Children: The majority of IDP children were from Donetsk and Luhansk Oblasts. According to the Ministry of Social Policy, authorities registered more than 240,000 children as IDPs. Human rights groups believed this number was low.

Institutionalized Children: The child welfare system continued to rely on long-term residential care for children at social risk or without parental care, although the number of residential-care institutions continued to drop. Government policies to address the abandonment of children reduced the number of children deprived of parental care. In August 2017 the government approved a national strategy for 2017-2026 intended to transform the institutionalized childcare system into one that provides a family-based or family-like environment for children.

Human rights groups and media outlets reported unsafe, inhuman, and sometimes life-threatening conditions in some institutions. Officials of several state-run institutions and orphanages were allegedly complicit or willfully negligent in the sex and labor trafficking of girls and boys under their care.

On August 6, Odesa Oblast police launched an investigation into alleged cases of child abuse in a local orphanage. The investigation began after a five-year old girl reported numerous cases of humiliation and violence from orphanage staff. The police initiated investigation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

According to census data and international Jewish groups, an estimated 103,600 Jews lived in the country, constituting approximately 0.2 percent of the population. According to the Association of Jewish Organizations and Communities (VAAD), there were approximately 300,000 persons of Jewish ancestry in the country, although the number might be higher. Before the Russian aggression in eastern Ukraine, according to VAAD, approximately 30,000 Jews lived in the Donbas region. Jewish groups estimated that between 10,000 and 15,000 Jews lived in Crimea before Russia’s attempted annexation.

According to the National Minority Rights Monitoring Group (NMRMG), like in 2017 no cases of suspected anti-Semitic violence were recorded as of November 30. The last recorded anti-Semitic violence against individuals occurred in 2016. The NMRMG recorded approximately 11 cases of anti-Semitic vandalism as of November 30, compared with 24 incidents in 2017. According to NMRMG, the drop in violence and anti-Semitic vandalism was due to better police work and prosecution of those committing anti-Semitic acts.

Graffiti swastikas continued to appear in Kyiv, Lviv, Poltava, and other cities. On April 27-28, unidentified individuals smashed windows and scattered prayer books at the ohel (a structure built over the grave of a righteous Jew) at the grave of renowned 17th century Rabbi Shmuel Eidels in Ostroh, Rivne Oblast. Police opened an investigation. Jewish organizations expressed concern about the continued existence of Krakivsky Market and new construction atop a historic Jewish cemetery in Lviv. There were reportedly several anti-Semitic incidents targeting the Babyn Yar memorial during the year.

In other manifestations of anti-Semitism during the year, nationalists in Odesa chanted anti-Semitic slogans during a March of Ukrainian Order on May 3. Tetyana Soykina, head of the local chapter of the Right Sector, a far-right party, said, “We will restore order in Ukraine, Ukraine will belong to Ukrainians, not Jews and oligarchs,” using a pejorative term for Jews. The Ukrainian Jewish Committee condemned an April 28 march sponsored by nationalist organizations honoring the local volunteers who were in the Nazi Waffen SS during the Holocaust. The march featured Nazi symbols and salutes. On April 13, police detained two individuals who were removing gold from mass graves of Jews from the Holocaust in the town of Nemyriv in Vinnytsia Oblast.

In mid-May the Ukrainian consul in Hamburg published anti-Semitic statements in his Facebook account; on May 30, the Ministry of Foreign Affairs fired him for the posts. On June 25, Anatoliy Matios, the country’s chief military prosecutor, espoused anti-Semitic conspiracy theories in a media interview, suggesting that Jews want to drown ethnic Slavs in blood and finance world conflicts. Authorities took no action against Matios for the remarks.

In line with the country’s 2015 decommunization and denazification law, authorities continued to rename Communist-era streets, bridges, and monuments in honor of 20th century Ukrainian nationalists, some of whom were associated with anti-Semitism.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not effectively enforce these provisions. The law requires the government to provide access to public venues, health services, information, communications, transportation, and the judicial system and opportunities for involvement in public, educational, cultural, and sporting activities for persons with disabilities. The law also requires employers to take into account the individual needs of employees with disabilities. The government generally did not enforce these laws.

Advocacy groups maintained that, despite the legal requirements, most public buildings remained inaccessible to persons with disabilities. Access to employment, education, health care, transportation, and financial services remained difficult (see section 7.d.).

Patients in mental health facilities remained at risk of abuse, and many psychiatric hospitals continued to use outdated methods and medicines. In February several patients of a psychiatric institution in Veselynivka, Zaporizhzhya Oblast complained of unbearable conditions and treatment by the staff who allegedly beat and verbally abused them and locked them in a closet. The director of the institution was suspended from his duties. The local prosecutor’s office opened an investigation.

In general, law enforcement took appropriate measures to punish those responsible for violence and abuses against persons with disabilities.

By law, employers must set aside 4 percent of employment opportunities for persons with disabilities. NGOs noted that many of those employed to satisfy the requirement received nominal salaries but did not actually perform work at their companies

Based on a law adopted in 2017, starting September 1, every child with a disability had the right to study at regular secondary schools. On September 6, parliament approved amendments to a separate law regarding access of persons with disabilities to education. It called for the creation of inclusive groups in preschool facilities, secondary and vocational schools, and colleges. According to the President’s Commissioner for the rights of children, 12,000 children with disabilities went to regular schools within the program of inclusive education.

Persons with disabilities in Russia-controlled areas in the east of the country suffered from a lack of appropriate care.

National/Racial/Ethnic Minorities

Mistreatment of members of minority groups and harassment of foreigners of non-Slavic appearance remained problems. NGOs dedicated to combating racism and hate crimes observed that overall xenophobic incidents increased considerably during the year.

Human rights organizations stated that the requirement to prove actual intent, including proof of premeditation, to secure a conviction made it difficult to apply the laws against offenses motivated by racial, national, or religious hatred. Authorities opened two criminal proceedings under the laws on racial, national, or religious offenses during the year. Police and prosecutors continued to prosecute racially motivated crimes under laws against hooliganism or related offenses.

There were numerous reports of societal violence against Roma during the year, often perpetrated by known members of violent nationalist hate groups. In some instances, police declined to intervene to stop violence. On July 18, three UN special rapporteurs released a statement calling on the government to take immediate action to stop “what amounts to a systematic persecution” of the country’s Romani minority.

For example on June 24, a group of masked men armed with batons and other weapons attacked a Romani camp on the outskirts of Lviv. A 24-year-old man died of stab wounds; four others, including a 10-year-old boy, were injured. Police detained eight individuals after the attack. They were members of the neo-Nazi group Tvereza i Zla Molod (Sober and Angry Youth). Seven of them were charged with hooliganism and one, twenty-year-old Andriy Tychko, was charged with premeditated murder. An investigation continued at year’s end. During the year there were attacks on Romani settlements in Kyiv, Lviv, Ternopil, Berehove, Uzhhorod, Mukacheve, and Zolotonosha.

Roma continued to face governmental and societal discrimination and significant barriers accessing education, health care, social services, and employment. According to the Romani women’s foundation, Chirikli, local authorities erected a number of barriers to prevent issuing national identification documents to Roma. Authorities hampered access to education for persons who lacked documents and segregated Romani children into special schools or lower-quality classrooms.

During the year many Roma fled settlements in areas controlled by Russia-led forces and moved elsewhere in the country. According to Chirikli approximately 10,000 Roma were among the most vulnerable members of the country’s IDP population. Because many Roma lacked documents, obtaining IDP assistance, medical care, and education was especially difficult.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The labor code prohibits workplace discrimination on the basis of sexual orientation or gender identity. No law, however, prohibits such discrimination in other areas, and discrimination was reportedly widespread in employment, housing, education, and other sectors.

There was frequent violence against LGBTI persons, and authorities often did not adequately investigate these cases or hold perpetrators to account. An increase in attacks was due to increasingly active nationalist hate groups (see national minorities above). The HRMMU noted that attacks against members of the LGBTI community and other minorities were rarely classified under criminal provisions pertaining to hate crimes, which carried heavier penalties. Crimes and discrimination against LGBTI persons remained underreported.

For example on June 30, about 10 unidentified young persons attacked Boris Zolotchenko, the head of the organizing committee of the Kryvbas Equality march. Witnesses called police, who refused to come to the crime scene. An investigation into a prior attack on Zolotchenko that took place in January in which five unknown men beat him was closed due to “lack of suspects.”

According to the LGBTI rights group Nash Mir, nationalist hate groups consistently tried to disrupt LGBTI events with violence or threats of violence. For example, on May 10, members of a nationalist hate group disrupted a public discussion in Kyiv on LGBTI rights in Russia. More than 20 men arrived at the venue and threatened participants with violence unless they left. The venue owner joined in the calls and told the organizers to cancel the event and vacate the premises. Police officers present on the site refused to intervene.

Although leading politicians and ministers condemned attacks on LGBTI gatherings and individuals, officials sometimes failed to protect LGBTI persons. Transgender persons continued to face discrimination and violence. On August 19, an unknown person made homophobic remarks and beat transgender activist Anastasia Kristel Domani. Police opened an investigation for minor assault charges, but as of late November had made no arrests.

Transgender persons reported difficulties obtaining official documents reflecting their gender identity, which resulted in discrimination in health care, education, and other areas.

According to Nash Mir, the situation of LGBTI persons in Russia-controlled parts of the Donetsk and Luhansk Oblasts. Most LGBTI persons either fled or hid their sexual orientation or gender identity.

HIV and AIDS Social Stigma

Stigma and discrimination in health-care centers were barriers to HIV-positive individuals’ receiving medical services. UNICEF reported that children with HIV/AIDS were at high risk of abandonment, social stigma, and discrimination. Authorities prevented many children infected with HIV/AIDS from attending kindergartens or schools. Persons with HIV/AIDS faced discrimination in housing and employment.

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits workplace discrimination on the basis of race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social, and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not always enforce the law, and employment discrimination reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties include a fine of up to 50 tax-free minimum incomes, correctional labor for a term of up to two years, restraint of liberty for up to five years, and restriction on engaging in certain activities for a period of up to three years. When accompanied by violence, employment discrimination violations are punishable by correctional labor for a term of up to two years or imprisonment for a term of up to five years if such actions were committed by an organized group of persons or if they caused death or other grave consequences.

Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the State Statistics Office, men earned on average 26 percent more than women. The gap was not caused by direct discrimination in the setting of wages, but by horizontal and vertical stratification of the labor market: Women were more likely to work in lower-paid sectors of the economy and in lower positions. Women held fewer elected or appointed offices at the national and regional levels (40 percent).

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

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

b. Disappearance

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

According to September data by the HRMMU, from 2014 to June 30, 2018, 42 persons were victims of enforced disappearances. The victims (38 men and four women) include 27 ethnic Ukrainians, nine Crimean Tatars, four Tajiks, one person of mixed Tatar-Russian origins, and one Uzbek. Twenty-seven were released after being illegally detained for periods lasting from a few hours to two weeks; 12 were missing and feared dead by their relatives; two were held in custody; and one was found dead. According to the HRMMU, in none of these cases have the perpetrators been brought to justice. Russian occupation authorities did not adequately investigate the deaths and disappearances. Human rights groups reported that police often refused to register reports of disappearances and intimidated and threatened with detention those who tried to report a disappearance. Ukrainian government and human rights groups believed Russian security forces kidnapped the individuals for opposing Russia’s occupation to instill fear in the population and prevent dissent.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

There were widespread reports Russian authorities in Crimea tortured and otherwise abused residents who opposed the occupation. Human rights monitors reported that Russian occupying forces subjected Crimean Tatars and ethnic Ukrainians in particular to physical abuse. For example, on June 28, members of the Russian Federal Security Service (FSB) searched Crimean Tatar activist Akhtem Mustafayev’s house and detained him. FSB officers put a plastic bag over his head and brought him to the basement of an unknown building. Unknown men beat him, forced him to his knees with his hands cuffed behind his back, and threatened that no one would ever find him. He was reportedly tortured for four hours and immediately fled for mainland Ukraine after being released.

Occupation authorities demonstrated a pattern of using punitive psychiatric incarceration as a means of pressuring detained individuals. On June 28, occupation authorities committed Crimean Tatar journalist Nariman Memedinov to a psychiatric hospital for a mental health evaluation that human rights advocates believed to be a punitive measure in retaliation for his vocal opposition to the occupation. Memedinov had previously been arrested on March 22 on terrorism charges that were widely considered to be politically motivated. The charges were based on videos he posted on YouTube in 2013 in which authorities alleged he recruited people to join Hizb ut-Tahrir, a group that is banned in Russia but legal in Ukraine. According to the Crimean Human Rights Group, as of early October, 17 Crimean Tatar defendants had been subjected to psychiatric evaluation and confinement against their will without apparent medical need since the beginning of the occupation (see section 1.d.).

Human rights monitors reported that occupation authorities also threatened individuals with violence or imprisonment if they did not testify in court against individuals authorities believed were opposed to the occupation.

Prison and Detention Center Conditions

Prison and detention center conditions reportedly remained harsh and life threatening due to overcrowding and poor conditions.

Physical Conditions: The HRMMU reported that detainees were often held in conditions amounting to cruel, inhuman, or degrading treatment, and that health care in prisons deteriorated after the occupation began.

According to the Crimean Human Rights group, 31 Crimean prisoners had been transferred to the Russian Federation since occupation began in 2014. One factor in the transfers was the lack of specialized penitentiary facilities in Crimea, requiring the transfer of juveniles, persons sentenced to life imprisonment, and prisoners suffering from serious physical and mental illnesses.

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

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

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

Prison authorities reportedly retaliated against detainees who refused Russian Federation citizenship by placing them in smaller cells or in solitary confinement.

Independent Monitoring: Occupation authorities did not permit monitoring of prison or detention center conditions by independent nongovernmental observers or international organizations. Occupation authorities permitted the “human rights ombudsman,” Lyudmila Lubina, to visit prisoners, but human rights activists regarded Lubina as representing the interests of occupation authorities and not an independent actor.

d. Arbitrary Arrest or Detention

ROLE OF THE POLICE AND SECURITY APPARATUS

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

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

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

ARREST PROCEDURES AND TREATMENT OF DETAINEES

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

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

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

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

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

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

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

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

POLITICAL PRISONERS AND DETAINEES

Human Rights advocates estimated there were more than 60 political prisoners in occupied Crimea; the Crimean Tatar Mejlis organization claimed that by the end of the year Russia held 96 Ukrainian citizen political prisoners, of whom 63 were Crimean Tatar. Charges of extremism, terrorism, or violation of territorial integrity were particularly applied to opponents of the occupation, such as Crimean Tatars, independent journalists, and individuals expressing dissent on social media. The HRMMU noted that justifications underpinning the arrests of alleged members of “terrorist” or “extremist” groups often provided little evidence that the suspect posed an actual threat to society by planning or undertaking concrete actions.

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

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

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

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Occupation authorities and others engaged in electronic surveillance, entered residences and other premises without warrants, and harassed relatives and neighbors of perceived opposition figures.

Russian occupation authorities routinely conducted raids on homes to intimidate the local population, particularly Crimean Tatars and ethnic Ukrainians, ostensibly on the grounds of searching for weapons, drugs, or “extremist literature.” The HRMMU documented 38 such searches between January and June; 30 of these concerned properties of Crimean Tatars.

Human rights groups reported that Russian authorities had widespread authority to tap telephones and read electronic communications and had established a network of informants to report on suspicious activities. According to Mejlis members, Russian authorities had invited hundreds of Crimean Tatars to “interviews” where authorities played back the interviewees’ telephone conversations and read their email aloud. Authorities reportedly encouraged state employees to inform on their colleagues who might oppose the occupation. According to human rights advocates, eavesdropping and visits by security personnel created an environment in which persons were afraid to voice any opinion contrary to the occupation authorities, even in private.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Corruption: There were multiple reports during the year of systemic rampant corruption among Crimean “officeholders,” including through embezzlement of Russian state funds allocated to support the occupation. For example on October 17, Russian police in Moscow arrested Vitaliy Nakhlupin, the “deputy prime minister” of Crimea, and charged him with taking unspecified bribes, reported by media to be related to the construction of the Kerch bridge and other road construction projects.

Most independent human rights organizations ceased activities in Crimea following Russia’s occupation. Occupation authorities refused to cooperate with independent human rights NGOs, ignored their views, and 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 Organization for Security and Cooperation in Europe (OSCE) and the United Nations.

Women

Birth Registration: Under both Ukrainian law and laws imposed by Russian occupation authorities, either birthplace or parentage determines citizenship. Russia’s occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it was difficult for parents to register a child as a citizen with Ukrainian authorities. Registration in Ukraine required a hospital certificate, which is retained when a birth certificate is issued. Under the occupation regime, new parents could only obtain a Russian birth certificate and did not have access to a hospital certificate. In 2016 the Ukrainian government instituted a process whereby births in Crimea could be recognized with documents issued by occupation authorities.

Institutionalized Children: There were reports Russian authorities continued to permit kidnapping of orphans in Crimea and transporting them across the border into Russia for adoption. Ukraine’s government did not know the whereabouts of the children.

Anti-Semitism

According to Jewish groups, an estimated 10-15,000 Jews lived in Crimea, primarily in Simferopol. There were no reports of anti-Semitic acts.

National/Racial/Ethnic Minorities

Since the beginning of Russia’s occupation, authorities singled out Crimean Tatars and Ukrainians for discrimination, abuse, deprivation of civil liberties and religious and economic rights, and violence, including killings and abductions (also see sections 1.a.-1.d., 1.f., 2.a., 2.b., and 2.d.).

There were reports that government officials openly advocated discrimination and violence against Crimean Tatars. Occupation authorities harassed Crimean Tatars for speaking their language in public and forbade speaking it in the workplace. There were reports teachers prohibited schoolchildren from speaking Crimean Tatar to one another. Crimean Tatars were prohibited from celebrating their national holidays and commemorating victims of previous abuses. For example on May 17, occupation authority law enforcement officers detained 14 persons who had gathered for an event commemorating victims of the Crimean Tatar deportation from Simferopol in 1944.

Occupation authorities also restricted the use of Crimean Tatar flags and symbols.

Occupation authorities placed restrictions on the Spiritual Administration of Crimean Muslims, which was closely associated with Crimean Tatars. According to human rights groups, Russian security services routinely monitored prayers at mosques for any mention that Crimea remained part of Ukraine. Russian security forces also monitored mosques for anti-Russian sentiment and as a means of recruiting police informants.

In April 2017 the International Court of Justice ruled, in response to Ukraine’s January 17 request for provisional measures concerning the Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of all Forms of Racial Discrimination, that the Russian Federation must refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis. Nevertheless, Russian occupation authorities continued to ban the Mejlis and impose restrictions on Crimean Tatars.

Russian occupation authorities also targeted ethnic Ukrainians. By the end of 2014, Ukrainian as a language of instruction was removed from university-level education in Crimea. According to the HRMMU, in the 2017-2018 academic year instruction in Ukrainian was provided in one Ukrainian school and there were 13 available Ukrainian language classes in Russian schools that were attended by 318 children. In April 2017 the International Court of Justice ruled on provisional measures in proceedings brought by Ukraine against the Russian Federation, concluding unanimously that the Russian Federation must “ensure the availability of education in the Ukrainian language.”

Occupation authorities have not permitted churches linked to ethnic Ukrainians, in particular the Ukrainian Orthodox Church-Kyiv Patriarchate (UOC-KP) and the Ukrainian Greek Catholic Church, to register under Russian law. Occupation authorities harassed and intimidated members of the churches and used court proceedings to force the UOC-KP in particular to leave properties it had rented for years. As of June 30, the number of registered religious organizations in Crimea decreased by 45 percent in comparison with preoccupation period.

Russian occupation authorities targeted businesses and properties belonging to ethnic Ukrainians and Crimean Tatars for expropriation and seizure. On April 26, Crimean Tatar philanthropist and businessman Resul Velilyaev, an owner of a leading food wholesale company and retail network, was arrested and transferred to Lefortovo prison in Moscow on the pretext that some of his food products had exceeded their shelf-life dates. Observers believed his arrest was connected to his support for Crimean Tatar cultural heritage projects. In late September, a Moscow court extended his arrest until December 28.

Russian occupation authorities prohibited Crimean Tatars affiliated with the Mejlis from registering businesses or properties as a matter of policy.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Human rights groups and local LGBTI activists reported that most LGBTI individuals fled Crimea after the Russian occupation began. Those who remained live in fear of verbal and physical abuse due to their sexual orientation or gender identity.

According to HRMMU, NGOs working on access to healthcare among vulnerable groups, have found it impossible to advocate for better access to healthcare for LGBTI persons because of fear of retaliation by occupation authorities.

Russian occupation authorities prohibited any LGBTI group from holding public events in Crimea. According to HRMMU, LGBTI residents of Crimea faced difficulties with finding a safe environment for gatherings because of the overall hostile attitude towards the manifestation of LGBTI identity. In May a gay-friendly hotel closed due to continuous and unwarranted inspections, accusations of extremism, harassment by authorities, and an organized campaign of telephone threats by “city residents.” LGBTI individuals faced increasing restrictions on their right to assemble peacefully, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia).

Russian occupation authorities announced the labor laws of Ukraine would no longer be in effect after the start of 2016 and that only the laws of the Russian Federation would apply.

Russian occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law, but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. The pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.

IN THIS SECTION: Ukraine | Crimea (ABOVE)