2023年乌克兰人权现状.pdf

REPORT ON THE HUMAN RIGHTS SITUATION IN UKRAINE 1 February to 31 July 2023 4 October 2023 Report on the human rights situation in Ukraine,1 February to 31 July 2023|i TABLE OF CONTENTS I.EXECUTIVE SUMMARY.1 II.OHCHR METHODOLOGY.4 III.IMPACT OF HOSTILITIES ON THE CIVILIAN POPULATION.5 A.Civilian casualties.5 Civilian casualties during the reporting period.5 Impact of shelling and MLRS attacks on frontline communities.6 Impact of missiles,loitering munitions and air strikes.6 Explosive remnants of war and mine-related incidents.7 Journalists and media workers.7 Conflict-related civilian deaths since 2014.7 B.Destruction and damage to civilian objects.8 Breach of the dam at the Kakhovska Hydroelectric Power Plant.8 Attacks on Odesa region.9 Medical and educational facilities.10 IV.RIGHT TO LIBERTY AND SECURITY OF PERSONS.11 A.Killings of civilians.11 B.Conflict-related sexual violence.11 CConflict-related detention.13 D.Prisoners of war and persons hors de combat.16 Summary executions of POWs.16 Treatment of POWs.16 Update on the explosions at the penal colony near Olenivka.17 E.Transfers and deportations.19 F.Forced conscription.21 V.ECONOMIC AND SOCIAL RIGHTS.22 A.Coercion to swear allegiance to an occupying Power:Passportisation in occupied territory.22 B.Rights to social security and an adequate standard of living.23 C.Persons with disabilities.24 VI.CIVIC SPACE AND FUNDAMENTAL FREEDOMS.25 A.Freedoms of opinion,expression,assembly and association.25 B.Freedom of religion or belief.26 VII.ADMINISTRATION OF JUSTICE AND ACCOUNTABILITY.28 A.Prosecution of conflict-related crimes.28 B.Criminalisation of collaboration and related activities.29 C.Criminal liability of Russian armed forces personnel.31 VIII.LEGAL DEVELOPMENTS.32 A.Law on national minorities.32 IX.TECHNICAL COOPERATION AND CAPACITY-BUILDING.33 X.CONCLUSION AND RECOMMENDATIONS.34 Report on the human rights situation in Ukraine,1 February to 31 July 2023|ii Report on the human rights situation in Ukraine,1 February to 31 July 2023|1 I.EXECUTIVE SUMMARY 1.This thirty-sixth report by the Office of the High Commissioner for Human Rights(OHCHR)on the human rights situation in Ukraine covers the period from 1 February 2023 to 31 July 2023.It is based on the work of the United Nations Human Rights Monitoring Mission in Ukraine(HRMMU).1 2.The ongoing full-scale armed attack by the Russian Federation against Ukraine resulted in severe and widespread harm to civilians throughout the reporting period,including death;life-changing injuries;loss of homes and livelihoods;displacement;infrastructure destruction;deprival of access to basic services;and trauma.Between 1 February and 31 July 2023,OHCHR recorded 4,621 civilian casualties,with 1,028 persons killed and 3,593 injured(1,883 men,1,294 women,139 boys,94 girls,and 1,195 adults and 16 children whose sex is not yet known).Actual casualty numbers are likely higher.As military operations continued in southern and south-eastern Ukraine,civilians who remained in areas affected by hostilities faced daily attacks by explosive weapons with wide area effects:for example,64 per cent of civilian casualties caused by shelling and multiple launch rocket system attacks recorded during the reporting period occurred in communities on or near the frontline,mainly in Donetsk,Kherson,Zaporizhzhia and Kharkiv regions.3.Missiles,air strikes and loitering munitions launched by the Russian Federation resulted in at least 262 civilians killed and 990 injured,and inflicted broad economic and social harm.Notably,following its withdrawal from the Black Sea Grain Initiative in July 2023,the Russian Federation launched missile strikes targeting the Odesa region,causing civilian casualties,large-scale damage to historic buildings,port facilities and surrounding civilian infrastructure,and the destruction of grain and other products destined for export.These strikes may not only cause greater instability in the global food market,but will also significantly affect the livelihoods of persons working in the agricultural sector,with compound effects on the right to an adequate standard of living in rural communities.4.The breach of the dam at the Kakhovska Hydroelectric Power Plant in June 2023 resulted in massive flooding downstream,triggering an environmental disaster that has already had catastrophic effects on communities across the region.The incident is expected to have long-term implications for a wide range of human rights,in particular the rights to health,water and an adequate standard of living.The Russian Federation denied the international community humanitarian access to areas under its occupation on the left bank of the Dnipro River.OHCHR also documented instances of Russian armed forces restricting access to volunteers engaged in urgent emergency relief,further exacerbating the devastation experienced by affected communities.5.OHCHR documented that between 1 February to 31 July 2023,members of Russian armed forces2 and Russian penitentiary services committed acts of conflict-related sexual violence against four men and one woman.OHCHR also documented 35 additional cases that occurred before the reporting period.These cases are consistent with previously documented patterns of sexual violence by members of Russian armed forces,law enforcement officials and penitentiary staff.Sexual violence was often reported in the context of deprivation of liberty.In residential areas where they were stationed,members of Russian armed forces also committed sexual violence against civilian women and one girl.6.Arbitrary detention and incommunicado detention of civilians continued in Russian-occupied territory of Ukraine,with a recorded 35 men and 8 women arbitrarily detained by Russian armed forces during the reporting period.OHCHR documented that 996 civilians were subjected to arbitrary detention since 1 HRMMU was deployed on 14 March 2014 to monitor and report on the human rights situation throughout Ukraine,with particular attention to the Autonomous Republic of Crimea,eastern and southern regions of Ukraine,and to propose recommendations to the Government and other actors to address human rights concerns.For more information,see A/HRC/27/75,paras.7-8.2 OHCHR refers to Russian armed forces as comprising all actors fighting on behalf of the Russian Federation,including the Armed Forces and National Guard Forces of the Russian Federation,as well as affiliated armed groups of the former self-proclaimed republics and Wagner Group military and security contractors.In the same way,OHCHR refers to Russian prisoners of war(POWs)in relation to all individuals from the above-mentioned forces who fell into the hands of the belligerent party,regardless of their nationality.Report on the human rights situation in Ukraine,1 February to 31 July 2023|2 February 2022.Eighty of them died in detention or were found dead with signs of violence on their bodies,and 468 remain in arbitrary or incommunicado detention.Many of the cases also amounted to enforced disappearances.7.OHCHR documented six cases of arbitrary detention(against four women and two men)by Ukrainian security forces,mainly law enforcement authorities,that took place during the reporting period.OHCHR also documented an additional 27 cases(15 men and 12 women)of arbitrary detention by Ukrainian security forces which occurred before February 2023.Ukrainian security forces violated procedures for arrest and detention,as set out in the national lawmostly by exceeding the maximum period of arrest without court warrant or by holding detainees in unofficial places of detention.Most detainees had been arrested on suspicion of collaborating with,or providing other forms of aid to,Russian armed forces.8.OHCHR documented six additional cases of summary executions of Ukrainian prisoners of war(POWs),all of which occurred before the reporting period.The Office also continued to document accounts of torture and ill-treatment of Ukrainian POWs held by the Russian Federation and appalling conditions of detention,including forced labour.Of the 56 Ukrainian servicemen interviewed by OHCHR during the reporting period,51 described being subjected to various forms of torture and ill-treatment.9.OHCHR also interviewed 26 Russian POWs(all men).Twelve of them said they were subjected to torture or ill-treatment during interrogation at unofficial places of internment and evacuation,before they were brought to official places of internment.Finally,OHCHR observed marked improvement in the treatment of POWs in the POW camp in Lviv,notably increased portions of food and the discontinuation of physical exercise as a punishment.10.With respect to the explosions which killed at least 51 Ukrainian POWs and injured at least 139 during the night of 2829 July 2022 at the penal colony near Olenivka,in Russian-occupied Donetsk region,OHCHR assessed that the incident was not the result of HIMARS rockets launched by Ukrainian armed forces.Analysis of available photographic and video footage found that the damage to the barracks appeared consistent with a projected ordnance originating from the east.The Russian Federation held POWs in the colony in close proximity to the frontline,exposing them to dangers of the hostilities contrary to international humanitarian law(IHL)provisions relating to security of POWs.A comprehensive and impartial investigation is required,including necessary access by international investigators to the site.11.Since 24 February 2022,OHCHR has documented several cases of children and groups of children from Donetsk,Kharkiv,Kherson,and Kyiv regions being transferred to other regions in Russian-occupied territory,or deported to the Russian Federation or Belarus.Many of these children were in institutionalised care,for instance in institutions for children with physical or intellectual disabilities.Some children who had been sent to summer camps in the Russian Federation in summer and autumn 2022,with the purported consent of their parents,did not return to their parents at the end of the agreed period.Among the children who reunited with their family after their parents or relatives travelled to the Russian Federation to retrieve them,some described experiencing or witnessing psychological or physical violence by educational staff there.12.OHCHR documented the intimidation of men residing in occupied parts of Donetsk and Luhansk regions in order to pressure them to serve in Russian armed forces.Women relatives of men who had deserted the armed forces were also threatened by members of Russian armed forces to reveal the mens whereabouts.13.The policy of mass conferral of Russian citizenship to residents of occupied areas of Kherson,Zaporizhzhia,Donetsk,and Luhansk regions exacerbated the coercive environment there.Those who refused Russian passports were denied access to public services,notably social security,healthcare,and education,and risked unemployment.They also faced a heightened risk of arbitrary detention when crossing checkpoints.14.In the Autonomous Republic of Crimea and the city of Sevastopol,Ukraine(Crimea),occupied by the Russian Federation,3 the occupying authorities continued to prosecute individuals on the grounds of“public actions 3 See General Assembly resolutions 68/262,71/205,72/190,73/194,73/263,74/17,74/168,75/29,75/192,76/179 and 77/229.Report on the human rights situation in Ukraine,1 February to 31 July 2023|3 directed at discrediting”and“obstructing”the Russian armed forces.In March 2023,the Russian Federation broadened the relevant legislation,further constraining the ability of Crimean residents to freely express their opinions.15.Millions of people remained below the poverty line,as the armed attack by the Russian Federation continued to severely undermine the right to an adequate standard of living,in particular the right to adequate housing.OHCHR acknowledges the sharp constriction of the fiscal space in Ukraine and concerted efforts by the Government of Ukraine to meet its social security obligations.It encourages the Government to allocate more resources to social protection,which at current levels remains insufficient to effectively protect people in need in a context of increased poverty.Moreover,OHCHR documented cases in which persons with disabilities who previously lived independently in the community were institutionalised as a direct result of hostilities.16.In territory under control of Ukraine,the Government and local authorities took several measures against the Ukrainian Orthodox Church(UOC),including the termination of the lease agreement of the State-owned Kyiv Pechersk Lavra.OHCHR documented 10 cases of physical violence and 6 cases of threats resulting from conflicts between parishioners of different Orthodox Christian communities,with tensions particularly high in March and April 2023.In occupied territoryRussian armed forces detained a clergyman belonging to the UOC whose whereabouts remained unknown as of 31 July 2023.In Crimea,occupying authorities evicted the Orthodox Church of Ukraine(OCU)from the Cathedral of the Holy Equal-to-the-Apostles Prince Volodymyr and Princess Olga in Simferopol.They also continued to prosecute Jehovahs Witnesses based on their religious practices.17.Russian authorities in the occupied parts of Donetsk and Luhansk regions,as well as in the Russian Federation,convicted 37 Ukrainian POWs on various criminal charges,including terrorism.In these cases,the POWs were essentially tried for acts that appeared to amount to legitimate conduct of hostilities under IHL.In territory under control of Ukraine,15 Russian servicemen were sentenced in absentia,including one man POW who was released before his trial concluded.In some cases,defendants were not duly notified about their trial,nor had they waived their right to be present,which is contrary to fair trial guarantees under international human rights law(IHRL).Ukrainian authorities also convicted some Russian POWs for acts that appeared to constitute mere participation in hostilities.18.In criminal cases related to the law on collaboration activities,Ukrainian courts continued to render guilty verdicts in all cases except one.This law criminalised a wide range of conduct and actions that civilians carried out while they lived under Russian occupation.Those accused were often charged for conduct that could,in principle,be lawfully compelled by the occupying Power under IHL.19.On 10 June 2023,the Parliament of Ukraine extended until 1 September 2024 a transitional period to implement provisions of the law On education relating to the use of the state language in secondary schools.OHCHR reiterates its concern that the law On national minorities(communities)of Ukraine limits the use of national minority languages in various fields and restricts certain rights of minorities“belonging to the aggressor state”,which may constitute violations of several provisions of the International Covenant on Civ