Crimea Field Mission Report: June 2014

Crimean Field Mission on Human Rights Brief Review of the Situation in Crimea (June 2014) Analytical Review І. Introduction ....................................................................................................................................................................3 ІI. Problems of the residents of Crimea .........................................................................................................................4 2.1. Civil and political rights .............................................................................................................................................4 Right to Life............................................................................................................................................................. 4 Prohibition on Torture ........................................................................................................................................... 4 Right to Freedom and Personal Immunity.......................................................................................................... 4 freedom of Speech and Expression ..................................................................................................................... 5 Freedom of Peaceful Assembly ............................................................................................................................ 7 Freedom of Conscience and Religion .................................................................................................................. 8 Freedom of Movement .......................................................................................................................................... 9 Right to a Fair Trial and Efficient Means of Legal Protection ......................................................................... 10 Court Proceedings ................................................................................................................................................ 11 Issues Related to Citizenship .............................................................................................................................. 12 «Crimean Self-Defence» ..................................................................................................................................... 14 2.2. Social and Economic Rights ....................................................................................................................................15 Property Rights ..................................................................................................................................................... 15 Registration of Rights ...................................................................................................................................... 15 Banking System ................................................................................................... Error! Bookmark not defined.

Freedom of Enterprise ..................................................................................................................................... 16 Right to Health Care ............................................................................................................................................ 16 1 The monitoring review prepared with support from the “Democratization and Human Rights in Ukraine” project implemented by the United Nations Development Programme and financed by the Ministry of Foreign Affairs of Denmark

Labour Rights ........................................................................................................................................................ 17 Other ......................................................................................................................... Error! Bookmark not defined.

2.3. Position of Vulnerable Groups. Manifestations of Xenophobia ......................................................................... 17 Ukrainians .......................................................................................................................................................... 17 Crimean Tatars ................................................................................................................................................. 17 Orphans and Children Deprived of Parental Care ........................................................................................ 18 Persons Serving a Sentence............................................................................................................................ 18 II. Problems of the Residents of Crimea who Had to Excape from the Peninsula and Move to Continental Ukraine (Internally Displaced Persons) ........................................................................................................................ 18 Social and Economic Rights ................................................................................................................................ 18 Protection of Rights of Internally Displaced Persons .................................................................................. 18 Right to Education ............................................................................................................................................ 20 Provision of Housing ........................................................................................................................................ 20 Registration ....................................................................................................................................................... 21 Property. Banks ................................................................................................................................................ 21 Business and Economic Activities ................................................................................................................... 21 Employment ...................................................................................................................................................... 21 Annexes ................................................................................................................................ Error! Bookmark not defined.

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І. INTRODUCTION The present Monitoring Review has been prepared by the Crimean Field Mission on Human Rights and is based on the materials collected by the Mission during its work in Crimea, as well as in Russia and Ukraine in June 2014.

The Crimean Field Mission (“the CFM”) commenced its work on 5 March 2014 with the support of United Nations Development Programme in Ukraine. Financial support to the Mission is also provided by the Centre for Civil Liberties (Ukraine).

The aims of the Mission are as follows: •

provision of information about the developments in Crimea;

•

mitigation of threats of all parties to the conflict;

•

maintenance of proper legal guaranties in the region, strengthening and promotion of human rights standards and effective protection mechanisms through the monitoring of the situation and verification of incoming messages about different clashes;

•

provision of comprehensive assistance to the initiatives aimed at the protection of human rights of all participants of the conflict.

Emphasizing that human rights remain to be a direct and legitimate concern of the international civil society while implementing the abovementioned aims, the Mission shall: •

perform monitoring of the general situation concerning compliance with the provisions of international humanitarian law and fundamental human rights in Crimea, issues of protection of human rights defenders, journalists, lawyers, as well as public figures and ensuring their professional activities;

•

pay special attention to the monitoring of inter-ethnic and inter-religious relations;

•

conduct monitoring of the activities of law enforcement agencies and state authorities;

•

call on all parties of the confrontation to abide by the rules of international humanitarian law and obligations in the field of the protection of human rights, as well as call on international organizations and their members and participants to control the observance of such obligations.

The Mission unconditionally refuses to resort to violence or discrimination in its activities and is guided by the principles of political neutrality and adherence to law.

The conclusions of the paper have been made on the basis of the first-hand information (observation of the situation and developments in Crimea, interviewing the representatives of key target groups), mass media monitoring, analysis of the developments and legal basis, as well as on the basis of official statistic data.

The review is prepared monthly and includes the chapters on the situation with civil and political, socio-economic rights in Crimea, as well as deals with the issues of the status of vulnerable groups and manifestations of xenophobia on the peninsula.

In addition, the Review features the issues of the residents of Crimea who had to escape from the peninsula and move to Ukraine’s mainland (internally displaced persons).

A quarterly analytical report on the situation with human rights in Crimea will be prepared on the basis of monthly reviews.

The CFM is grateful to everyone who assisted with the preparation of the present Review. The opinions, positions, and assessment contained in this Review do not necessarily represent the position of the United Nations Development Programme.

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ІI. PROBLEMS OF THE RESIDENTS OF CRIMEA 2.1. CIVIL AND POLITICAL RIGHTS RIGHT TO LIFE Crimean authorities do not provide information on the investigation of murders of Reshat Ametov (body found on March 15), Ukrainian Navy major Stanislav Karachevskyi (murdered on April 6) and 16-year-old Mark Ivaniuk (murdered on April 20) committed previously on the territory of Crimea. The circumstances in which the murders were committed largely point to political motives. The wife of the murdered Reshat Ametov reported that the investigating authorities did not provide her any clear explanations about the investigative activities performed.

The fate of Vasyl Chernysh, a resident of Sevastopol, Avtomaidan activist who was reported missing on the eve of the referendum (March 16) still remains unknown. The last time he got in touch was March 15. His relatives fear that Vasyl is no longer alive.

The lack of investigative action and disinterest of Crimean authorities in investigating the murders poses a threat of impunity and enforcement of positive duties of protection of the right to life.

PROHIBITION ON TORTURE On May 10 (according to other sources on May 11) a Ukrainian filmmaker Oleg Sentsov was detained.

The Federal Security Service (FSS) Russia accuses him of organizing a terrorist attack. On June 4, the detainee’s lawyer Dmitry Dinse said that Sentsov was tortured in order to coerce to make a statement.

Sentsov’s lawyer filed a complaint to the Investigative Committee of Russia, which indicates that the filmmaker detained in Crimea had been beaten and threatened in the FSS Department in Simferopol.

The Ministry of Foreign Affairs of Ukraine stated: “We call on the international community, the international human rights non-governmental organizations, the Russian public to assess the outrageous facts of torture put by the Russian punitive bodies, to continue a purposeful pressure on the Kremlin aiming to release all political prisoners, including the citizens of Ukraine”. The MFA Ukraine has repeatedly demanded from the Russian Federation to immediately release Ukrainian filmmaker Oleg Sentsov and other detained citizens of Ukraine.

Amnesty International made an appeal to demand from Russian authorities to conduct a thorough and independent investigation into the allegations of lawyers regarding the torture and threats against a Ukrainian filmmaker Oleg Sentsov.

RIGHT TO FREEDOM AND PERSONAL IMMUNITY In Crimea there is no protection of the right to freedom and personal immunity, primarily in relation to the Ukrainian activists and Crimean Tatars.

To this day, the Prosecutor’s Office and law enforcement agencies of Crimea did not provide information on the progress of investigations into abductions of activists that took place in late May. Namely, on 22 May, one of the activists of the initiative group Ukrainian People’s Home Leonid Korzh (born 1990) was reported missing; on 26 May Timur Shaimardanov was reported missing; on 30 May activist Seiran Zinedinov (born 1977) was kidnapped (Annex 1). All the tree missing individuals were active participants of the movement in favour of territorial integrity of Ukraine, and provided assistance to Ukrainian military troops while the latter were being blocked (during February-March 2014).

The testimony of relatives and friends of the missing suggest that the abductions are inter-connected and politically motivated. It is still not possible to get information from the Crimean law enforcement bodies on the investigation of these cases of abductions.

According to Timur Shaimardanov’s sister, she was invited for questioning to the investigating committee.

She was not informed on the results of investigative actions, but in the course of communication there were questions about Shaimardanov possession of firearms, whether he visited a mosque and how often, and also, what were the grounds for belief in the alleged involvement of representatives of the Crimean self-defense.

According to the relatives of Seiran Zinedinov, they have (or they were shown) a video recorded by a surveillance camera at the petrol station, where the activist was last seen before the abduction.

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According to Zinedinov’s father, the video shows that a car stopped near the activist not far away from the petrol station (the car number and model cannot be defined because of the distance) and the latter was forced into a car. After submitting an application to the police, relatives of the kidnapped had not received any information about his fate or the progress of the investigation.

The Head of Crimea Sergey Aksenov said that he personally called the police and the FSS and inquired about the fate of the detainees. He instructed his first deputy Mikhail Sheremet to explore the situation.

However, Mr. Sheremet is the former head of the “Crimean Self-Defence”, which poses a threat of a biased trial of cases of the abductees because of the alleged involvement of “Crimean Self-Defence” in the kidnapping of activists and other offenses on the peninsula.

Thus, it was impossible to establish any details about the first missing activist Leonid Korzh.

The Crimean Field Mission appealed to the Commissioner for Human Rights in the Russian Federation Ella Pamfilova with a request to take personal control of the investigation into the situation with kidnapping in Crimea and to publicly assess the actions of paramilitary groups in Crimea (“Crimean Self-Defence”). On 19 June the Crimean Field Mission received a response from the Deputy Chief of the Department on Protection of Human Rights in Criminal Proceedings E.A. Bobkova: “Your inquiry regarding the search for Shaimardanov T., Zinedinov S. as well as other issues, addressed to the Commissioner for Human Rights in the Russian Federation, was sent to the Prosecutor's Office of the Republic of Crimea, which is competent for its consideration. The indicated supervisory authority shall inform you on the results” .

On 2 June, the representatives of the “Crimean Self-Defence” unlawfully detained a journalist Sergei Mokrushin and a filmmaker Vladlen Melnikov for “inappropriate remarks” about the top officials of the Russian Federation. In their actions members of the illegal formation willfully saw the signs of disturbance of the public order. However, instead of retention at the scene until the arrival of police, the detainees were taken to the so-called headquarters of the “Crimean Self-Defense”, where both of them were handcuffed, the inspection of personal belongings, including telephones and correspondence in social networks was performed accompanied by the physical coercion.

The police operational investigative group arrived two hours later. The law enforcement officers did not bring any charges against the detainees; the record on the offence of the public order also was not made. At the same time the results of forensic examination showed that of one of the detainees had a severely bruised chest, traces of handcuffs, a hematoma on one leg, which confirms the use of violence and bodily harm. Handcuffs are a special tool, which is used only by law enforcement agencies in strictly defined cases.

The Crimean Field Mission found that since the incident and Sergei Mokrushin’s filing a complaint to the police on the bodily harm, he has no information about the investigation or launch of a criminal case in connection with bodily harm.

On 24 June, in Kolchugino village of Simferopol district the unidentified people invaded madrassa – an Islamic religious school. The Press Secretary of the Spiritual Administration of Muslims of Crimea, the deputy chairman of Mejlis of the Crimean Tatar people Eider Adzhimambetov reported that there were students in the madrassa. The reason for invasion stated by the unidentified people was the need for a search. After the unlawful searches, the masked men have taken the deputy director of the Crimean madrassa Eider Osmanov.

The eyewitnesses reported that the search was conducted by men in camouflage uniforms with the inscription “Berkut”, who introduced themselves as members of the FSS of Russian Federation, but did not give reasons for their actions. During the search, several computers were seized, the doors were smashed down and windows were broken. The children stayed in the building during the search.

Moreover, in the morning on the same day, the unidentified people unlawfully entered the building, where the deputy director of madrassa of Kolchugino village resided. In the house there were Eider Osmanov, his wife and two young children.

FREEDOM OF SPEECH AND EXPRESSION The Crimean Field Mission maintains the records of continuous pressure and human rights violations against the independent media as well as obstruction of journalistic activity.

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On 2 June, representatives of the “Crimean Self-Defence” committed unlawful acts against members of staff of the Center for Investigative Journalism – they unlawfully detained a journalist Sergei Mokrushin and a filmmaker Vladlen Melnikov (see above).

After these events, the editorial office of the Center for Investigative Journalism was unlawfully entered by the representatives of the “Crimean Self-Defence”, headed by the commander of the 1st regiment of Simferopol’s ‘self-defense‘ Dmitry Prostakov. According to the head of the Center Valentina Samar, representatives of the paramilitary formation demanded to show the media registration documents and office lease agreement. Actions of the self-defense in the editorial office are associated with the intentions to occupy the premises leased by the Center for Investigative Journalism to place the “Crimean self-defense” units. According to the Editor-in-Chief Valentina Samar, shortly after the landlord the Federation of Trade Unions of Crimea - asked to vacate the premises by the end of the month. The Crimean Field Mission found that as of 30.06.14 the lease period was extended for another month.

On 3 June, the editor-in-chief of the Crimean Tatar newspaper “Avdet” Shevket Kaybullaev was summoned to the Prosecutor’s Office of Simferopol. The summon received by the editors stated: “The Prosecutor’s Office of Simferopol is performing an investigation of the violation of the requirements of the Law of Russian Federation On Combating Extremist Activities by the management of the print media (Annex 2). The editor of the media explained this inspection as follows: “We are supposedly subject to the paragraphs of articles which refer to extremist activities. This is expressed in the materials where we mention the terms used throughout the world today. For example, the “temporarily occupied territory”, “Russia’s annexation of the Crimea”. The Crimean Field Mission found that according to the head of the legal department of Mejlis Teyfuk Gafarov, as of 30.06.14 the Prosecutor’s Office had not taken any further action in relation to the editor or the media.

On 5 June, one of the founders of the Internet portal “Events of Crimea” Ruslan Yugosh reported about the attempts of the Crimean police to put pressure on him as a journalist. As he pointed out, the pressure began in the form of interrogations of his 73 year old mother. According to Ruslan Yugosh, representatives of the police came to his registered address and called journalist’s mother to testify in the the district police station; the summons was not served.

These actions, according to Ruslan Yugosh, involved the members of the Department on Combating Cybercrime. No specific charges have been brought. Instead, an attempt was made to put a psychological pressure on the journalist’s mother, as during the conversation it was repeatedly stated that the journalist publishes some information, which “denigrates Crimea” and he should quit his activities otherwise “it will get worse, because the FSS would be dealing with it” .

On 22 June, at about 18:00 in Sevastopol the police detained a journalist of the independent Ukrainian channel “Hromadske TV” Tatiana Kozyreva and cameraman Karen Arzumanyan, who were broadcasting from the rally at Nakhimov Square. According to the detainees, they were interrogated by the staff members of Leninsky district police department and the Department for Combating Extremism.

The Crimean Field Mission found out that two hours after the detained journalists were released, no charges were brought and detention report was not served.

On 29 June, in Simferopol there was a pasting of leaflets on the houses (Annex 3) with a call to inform the Crimean Department of FSS about people who were “against the return of the Crimea to the Russian Federation or participated in regional Maidan”. The calls can be anonymous. These leaflets pose a threat of violating a number of fundamental human rights, namely the right to freedom of speech and expression, freedom of peaceful assembly and association. These calls lead to inciting hatred and enmity among the population of Crimea.

On 29 June, in Simferopol the cable TV providers discontinued broadcasting several leading Ukrainian TV channels. The cable broadcasting of channels “Inter”, “1+1”, “2+2”, “Channel 5”, “ICTV”, “Novy Channel”, “NEWS 24”, “NTN”, “RADA” was terminated, instead, various Russian TV channels were added. In the cable network the Chernomorsk TV and Radio Company was disconnected. Also, there was a disconnection in the networks of cable provider “ITV-K”, which is owned by one of the deputies of the “State Council” of Crimea Alexander Melnikov. In Simferopol cable networks the broadcasting of a number of Ukrainian entertainment, music and children’s channels continues. Back in March, in Crimea the analogue and digital broadcasting of Ukrainian TV channels completely phased out; at their frequencies now the Russian TV channels are broadcasted. Thus, the residents of Crimea are practically unable to obtain information in Ukrainian and access the Ukrainian media.

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A significant limitation of freedom of speech in Crimea is the Law of the Russian Federation #433-FZ of 28.12.2013 “On Introducing Amendments to the Criminal Code of the Russian Federation”. It envisages criminal penalties including imprisonment for up to 5 years for public calls for action to violate the territorial integrity of the Russian Federation, including with the use of media. The lack of clear definition of the offense, which is enshrined in Art. 280.1 of the Criminal Code of RF poses a threat of unwarranted prosecution of media representatives for using the generally accepted terms in the context of the Ukrainian-Russian events, namely, “occupation”, “aggression of the Russian Federation”, “annexation” etc.

In addition, on 30 June a draft law #527285-6 On Introducing Amendments to Article 280-1 of the Criminal Code of the Russian Federation (increasing the responsibility for public calls) was submitted to the State Duma, which envisages increased penalties. Under the draft law, the minimum penalty for the call to violate the territorial integrity of the Russian Federation (Part 1 of Art. 280.1 of the Criminal Code) shall be 100 thousand rubles, and the maximum penalty - 300 thousand rubles. Previously, the minimum limit of penalty has not been established, and the maximum was the same. The draft law also introduces a penalty in the form of hard labor for up to three years, or arrest for 4-6 months instead of the currently in force compulsory community service for up to 300 hours. The maximum term of imprisonment shall be four years, and in the current edition - three years.

The punishment for incitement to separatism using the media or the Internet (Part 2 of Art. 280.1 of the Criminal Code of RF) remains the same - compulsory community service for a period of up to 480 hours or imprisonment for up to five years. However, the draft law introduces an additional penalty of suspension of the right to occupy certain positions or engage in certain activities.

FREEDOM OF PEACEFUL ASSEMBLY In early June, the Prosecutor’s Office of Crimea initiated the establishment by the Council of Ministers of Crimea of the rules of mass actions in view to develop regional regulations establishing venues for meetings, rallies, demonstrations, marches and pickets. The Prosecutor’s Office motivates its proposal by the importance of ensuring security; however, the establishment of places of peaceful assembly shall lead to the unjustified limitation of the freedom of peaceful assembly.

The legality, validity and appropriateness of the actions and decisions of the Prosecutor’s Office of Crimea was repeatedly questioned by the Ukrainian authorities. Moreover, back in March, the General Prosecutor’s Office of Ukraine opened a criminal case against the current Prosecutor of Crimea Natalia Poklonskaya. The criminal case was opened under Part 1 of Article 27 and Part 1 of Article 109 “Actions taken to forcibly change or overthrow the constitutional order or the seizure of state power, as well as conspiracy to commit such actions”. Earlier, under the order of the Acting General Prosecutor Natalia Poklonskaya was dismissed from the prosecution authorities and deprived of the rank “Judicial Counsellor” for breach of oath and misconduct discrediting the honor of the Prosecutor’s Office official.

According to the Head of the Secretariat of Mejlis of the Crimean Tatar People Dilyaver Akiyev, on 11 June Mejlis submitted a notice to the Simferopol City Council stating that on 26 June in the city center, in the park named after Trenev, the cultural events to mark the Crimean Tatar Flag Day were to be held.

However, a written reply of 17 June addressed to Mejlis of the Crimean Tatar People denied to hold the events dedicated to the Crimean Tatar Flag Day in the center of Simferopol. The refusal of the city authorities stated: “In the park named after K.A. Trenev currently there are children’s playgrounds, rides, which are especially in demand during the school holidays; there are classes, competitions, exhibitions and other events involving hundreds of children, in the music school there is an enrollment for 2014-2015 academic year (audition)... The accumulation of many people in a limited area not intended to accommodate the further claimed number of participants, can create conditions for the violation of the public order, the rights and lawful interests of other citizens”. This motivation is not adequate and is not based on the provisions of law. The city authorities have not provided sufficient mechanisms and procedures that allow exercising the freedom of assembly. Dilyaver Akiev noted that in the near future Mejlis intends to apply to court finding the decision of the city authorities unlawful.

In addition, the Simferopol City Council refused to approve the route of the motor rally proposed by Mejlis to mark the Crimean Tatar Flag Day. The city authorities suggested to change the route of the motor rally to get off the central streets. However, the rerouting has a significant effect on the opinion expressed by the organizers and makes it impossible to hold a peaceful assembly (motor rally) within the sight and earshot of the target audience.

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The described facts of the limitation of peaceful assembly on the occasion of the Crimean Tatar Flag Day are unreasonable and inadequate, which is a violation of the freedom of assembly.

FREEDOM OF CONSCIENCE AND RELIGION The Crimean Field Mission documented the facts of pressure, intimidation and discrimination against the Crimean Diocese of the Ukrainian Orthodox Church of Kiev Patriarchate, the spiritual and educational institutions of Muslims and representatives of Protestant denominations.

On 1 July, a group of armed men in the Russian Cossacks uniform illegally broke into the premises of the church of Protection of the Blessed Virgin, which is located in Perevalnoye village in Simferopol district, and destroyed the Orthodox relics.

During the attack in the church the pregnant parishioner and a priest’s daughter who suffers from cerebral palsy were hurt and the car of the priest was broken.

Archbishop Clement said that the police took the rioters’ side and refused to even accept a complaint on a crime against the believers. After the incident, Archbishop Clement made a statement in which he demanded to put an end to discrimination of UOC of KP in Crimea.

Earlier, Archbishop Clement mentioned the economic pressure from the Crimean authorities expressed in the exorbitant rent for the premises in which the main Crimean temple is located. This poses a threat of closing the cathedral of the Ukrainian Orthodox Church of Kiev Patriarchate in Simferopol.

The Kiev Patriarchy protested against the violent acts committed against the temple, the clergy and believers of the Kiev Patriarchate in Perevalnoe village. The Moscow Patriarchy and the Crimean authorities did not provide official response to the attack and capture of the temple of Kiev Patriarchate.

On 13 June, there was an attempt arson of the mosque “Chukurcha Jami” in Simferopol with Molotov cocktails that was recorded by a surveillance camera. As a result of the attempt arson the facade of the mosque was damaged. The law enforcement officials arrived to the scene, but the reporters did not get any comments from the press service of the Crimean police.

In addition, on the fence next to the mosque the “Nazi swastika” was painted in black as well as the date of arson “13.06.14”.

Imam of the Simferopol district Muhammad Islamov believes that these actions may be a provocation. He called on Muslims not to succumb to such provocations.

On 24 June, the representatives of FSS and the Department on Combating Extremism conducted an unlawful search in the Muslim school madrassa in Kolchugino village and in the home of the Deputy Director of madrassa (see above).

Pastor of Crimean branch of the “Army of Salvation” Ruslan Zuyev, who previously reported on pressure on representatives of Protestant religious movements in Crimea, was forced to leave the Crimea with his family. The Pastor told the Crimean Field Mission: “Recently, the FSS in Simferopol started to show interest in me. At first, they repeatedly called asking for a meeting. After the third or fourth call two men came to the office and asked some very strange questions. Prior to that, they threatened my wife, my daughter. At school there was a terrible attitude towards my daughter because she was in a Ukrainian class”. Pastor and his family took part in the pro-Ukrainian rallies, spoke to the media, helped Ukrainian soldiers, took more than 450 military men to the territory of Ukraine, and looked for the missing Crimean activists. Currently, the pastor and his family temporarily live in Kiev.

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These facts constitute a flagrant violation of the freedom of thought, conscience and religion, and those responsible for wrongdoing have not been brought to responsibility.

FREEDOM OF MOVEMENT In late May, the Crimean Field Mission recorded the cases when the Border Guard Service of Ukraine refused to allow the citizens of Ukraine travelling from Crimea to enter other regions of Ukraine.

Ukrainian border guards demanded additional written justifications of entry to the mainland of Ukraine.

In this regard, the Crimean Field Mission has initiated a number of appeals to the Border Guard Service of Ukraine in order to prevent the wrongful actions of the representatives of the Border Guard Service of Ukraine.

On 5 July, the Border Guard Service of Ukraine provided a response: “We would like to inform you that in accordance with the Part 1 of Article 10 of the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine the order of travel of the citizens of Ukraine from AR of Crimea to other regions of Ukraine and their return to the AR of Crimea is carried out without restriction through the entry and exit checkpoints upon presentation of an identity document and confirmation of the citizenship of Ukraine. It can be a passport of the citizen of Ukraine or a passport of the citizen of Ukraine for traveling abroad as well as other documents referred to in paragraph 1 of Part One of Article 13 of the Law of Ukraine On the Unified State Demographic Register and documents, which confirm citizenship of Ukraine, identity or special status” (Annex 4).

On 4 June, the chief operator and technical director of the first Crimean Tatar TV channel ATR was not allowed to enter the mainland territory of Ukraine. The cameraman Riza Veli said that he and his colleague Ruslan Aliyev were on their way to Kiev and had travel authorization. On the administrative border with Ukraine in Melitopol the official of the Border Guard Service of Ukraine checked their documents, including the passports of citizens of Ukraine. However, according to Veli, after that another Ukrainian border guard became suspicious, and inspected their personal belongings. As a result, in the bags of the residents of Crimea the border guards found Russian passports. “The passports were received after the statement made by the Minister of Justice Pavel Petrenko that Ukraine shall not apply any sanctions to Crimeans that received passports of citizens of the Russian Federation”, - said the chief cameraman of the TV channel. However, none of the arguments convinced the border guards and the Crimeans were detrained and had to return to Crimea (Annex 5).

The press service of the State Border Guard Service of Ukraine explained that this case seemed suspicious to the inspector. It was also noted that if the Crimeans did not have Russian passports, they could have continued their travel. “Given that they had the passports of Russian citizens, they fell under the category of risk. Our inspectors have decided to deny admittance. If there is any concealment, the inspector is mandated to make such a decision”, - the press service said.

On 13 June, officers of the Border Guard Service of Ukraine denied admittance to the Crimean news photographer Anton Volk, who aimed to perform his professional duties in Donetsk. They explained their actions by the fact that the journalist had no documents confirming the purpose of his visit to Donetsk. As established by the Crimean Field Mission, the reporter did not appeal against the actions of the Border Guard Service. According to Art. 10 of the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine, Ukrainian citizens have the right to a free and unimpeded entry and exit to and from the temporarily occupied territory through the through the entry and exit checkpoints upon presentation of valid identity documents and confirmation of the citizenship of Ukraine (Ukrainian passport).

The acute problem for the residents of Crimea, Ukrainian citizens, is the loss of Ukrainian passport. If there is no passport for traveling abroad, such people are unable to leave Crimea. It is possible to recover a lost passport of a citizen of Ukraine only through the bodies of the Migration Service of Ukraine on the mainland. However, such citizens are unable to go to the mainland because at the ‘border’ the border guards of the Russian Federation deny to them admittance to other regions of Ukraine, explaining such refusal by the fact that the document (passport) allowing to cross the state border of the Russian Federation is missing.

Citizens of Ukraine who need to paste a photo in the passport under the laws of Ukraine face difficulties with the departure from Crimea. Thus, the daughter Sakina of the well-known pro-Ukrainian Crimean activist Elizaveta Bogutskaya could not leave Crimea, as she was detrained by the Russian border guards.

Sakina was on her way to the mainland in order to paste a photo in the passport, as required by 9

Ukrainian law on reaching 25 years of age. However, Russian border guards told Sakina Bogutskaya that she had no right to cross the border of the Russian Federation, as her Ukrainian passport was invalid. They offered the girl to solve the problem by getting a passport of the Russian Federation, thus coercing her to change of citizenship.

A similar situation occurred with one of the residents of Simferopol, who asked not to disclose her name. Suffering from an acute form of cancer, the woman intended to travel to Ukraine for treatment with a certificate of loss of passport and a certified photocopy, but the Russian border guards did not allow her entrance. The woman is physically unable to get a Russian passport, and without a passport she is not allowed to leave Crimea.

On the Ukrainian side there are temporary checkpoints for entry and exit to and from Crimea. In connection with the anti-terrorist operation in Ukraine the State Border Guard Service of Ukraine and the Ukrainian Armed Forces ensure the strengthening of the military guard of the part of administrative border of Kherson region with Crimea. The strengthening engages the units with armored vehicles, there are measures aimed to strengthen the security of the Azov Sea coast; as of 19 June, five marine patrols and 2 patrols are in reserve in the sea area, the control is established over the marine direction from Genichesk to Mariupol and Novoazovsk.

In June the Crimean Field Mission has recorded a number of challenges facing railway communication between Crimea and other regions of Ukraine. In Crimea on 10-11 June, the price of the tickets for travelling to mainland Ukraine, sold by JSC Russian Railways, increased by 4-7 times. Thus, the ticket to a premium service train #12 Simferopol-Kiev cost 4,894 rubles 40 kopecks, which by the coefficient of 3.0 (exchange rate) is about 1,631 UAH. Previously, the price of the ticket was about 380 UAH. The Crimea Railway Directory Service confirmed that the ticket prices increased. As of 10 June the cost of train tickets from Crimea to Ukraine is calculated in accordance with international tariffs. However, “Ukrzaliznytsia” (Ukrainian Railways) stated that it had not changed the rates and did not receive official notification from the Russian party on the introduced changes. On 11 June, Ukrainian Railways reported that the price for train tickets traveling between the mainland of Ukraine and Crimea had not changed. As before, the domestic tariff is effective on this route. The increased price for Crimeans is a consequence of a failure in the automated ticketing system “Express-3” (JSC “Russian Railways”). According to information provided by OJSC “FPK”, passengers who purchased tickets at increased prices can get the fare difference reimbursement at the box offices at the stations where they purchased the tickets.

The return tickets from Crimea to the Ukrainian trains were temporarily removed from sale. The sale was opened on 12 June for the dates from 16 to 30 June at domestic rates.

On 27 June, the media “Vesti” reported that the cost of train tickets from Crimea to Ukraine has risen several times. The reason for this is the transition to the sale of travel documents at the international rates (Annex 6). According to the railway personnel, on 26 June the two systems for ticket sale were used at the box offices at the stations - Russian and Ukrainian. On 27 June, at night, the Ukrainian system was turned off. Because of this, tickets cost 2-3 times more. A significant rise in the price of tickets leads to a restriction of freedom of movement of the residents of Crimea and limits the ability to maintain family ties.

RIGHT TO A FAIR TRIAL AND EFFICIENT MEANS OF LEGAL PROTECTION The citizens of Ukraine Oleg Sentsov and Gennady Afanasiev, Alexei Chirnii, Alexander Kolchenko, were detained by the FSS of Russia in Crimea in May, accusing them of organizing terrorist acts in Simferopol, Yalta and Sevastopol cities. The FSS of Russia refers to them as the activists of the “Right Sector” (“Pravy Sector”), but Ukrainian radical organization denies their membership. According to detainees as well as their friends and relatives, they had no relation to the group “Right Sector” and were activists of the movement against the occupation and annexation of Crimea. The detainees’ attorneys refuse to provide the information about the investigation and make any comment referring to the gagging order on the details of investigation. The FSS of Russia informs that the detainees plead guilty and continue to testify. While the relatives and friends notify about the tortures applied to the detainees and psychological pressure aimed at obtaining the guilty plea. The facts of torture were confirmed by Oleg Sentsov.

The Ministry of Foreign Affairs of Ukraine informs that the provision of legal and consular assistance and protection to Oleg Sentsov and other citizens of Ukraine is complicated by the position of the Russian side, which ignores the provisions of existing international instruments in this field. Despite the numerous 10

appeals of the Ukrainian side, local authorities have not yet granted permission to visit the detainees in custody, which is a gross violation of the human rights. Denial to Ukrainian consular officials to unhindered relations in the foreign country is the actual blocking of the protection function in relation to its citizens. The Ministry of Foreign Affairs of Ukraine believes that “such behavior on behalf of the Russian side destroys and distorts the existing universal regime of consular relations between states, defined by the Vienna Convention on Consular Relations of 1963, which should be the subject of special attention of the international community with the aim to provide the appropriate assessment, including with regard to discriminatory application of the document in respect of the citizens of Ukraine”.

Thus, on 27 June, attorney of Alexander Kolchenko Svetlana Sidorkina was made aware with the response of the FSS investigator to Kolchenko’s appeal to provide him with the opportunity to meet with the Consul of Ukraine. Kolchenko is a citizen of Ukraine and did not take action to obtain Russian citizenship. However, the refusal of the meeting with the Consul was justified as follows: “Given that Kolchenko in the period of one month since the Crimea joined Russia did not submit an application renouncing Russian citizenship, he “automatically” became a citizen of the Russian Federation”. The investigators refused to provide a copy of the official response to Sidorkina despite her request. The defense attorney is planning to appeal against the refusal.

The Ministry of Foreign Affairs of Ukraine has repeatedly requested that Russian Federation exercises prompt release and return of the citizens of Ukraine, stopping the violations of their rights and freedoms, as well as to ensure unconditional observance of its international obligations in the consular and legal field.

The General Prosecutor’s Office of the Russian Federation believes that there are no reasons for changing preventive measures and termination of prosecution of Oleg Sentsov and Alexander Kolchenko detained in Crimea. This was stated in the response of the Deputy General Prosecutor of the Russian Federation Viktor Grin to the request of the Chairman of the Council at the Russian President on Civil Society Development and Human Rights Mikhail Fedotov. The representative of the General Prosecutor’s Office explained that the Department of the FSS of Russia in the Republic of Crimea and Sevastopol city opened and combined in one proceeding the three criminal cases on the activities of the ‘terrorist community’.

Sentsov and Kolchenko were detained as the suspects.

On 25 June, the State Council of Crimea adopted a Law On the Commissioner for Human Rights in the Republic of Crimea. The position of the Commissioner for Human Rights in Crimea is established under the law “in order to guarantee the state protection of human and citizens’ rights and freedoms, to facilitate their observance and respect by the public authorities of the Republic of Crimea, local authorities and officials”. The Commissioner is elected to office by the “Parliament” of Crimea; the office term is five years. The activity of the Commissioner for Human Rights and the relevant staff will be financed from the Crimean budget.

However, the position of the Commissioner with respect to the “Sentsov’s case” and other detainees and abducted activists and other human rights violations has not been declared.

COURT PROCEEDINGS On 11 June, the State Duma of the Russian Federation adopted and the Federation Council approved on 18 June the following federal laws (FL): •

Federal Law On the establishment of courts of the Russian Federation on the territory of the Republic of Crimea and the federal city of Sevastopol and on introducing amendments to certain legislative acts of the Russian Federation;

•

Federal Law On the bodies of judicial community of the Republic of Crimea and the federal city of Sevastopol;

•

Federal Law On the procedure for the selection of candidates to the original composition of federal courts established on the territories of the Republic of Crimea and the federal city of Sevastopol;

•

Federal Law On the establishment of the Twenty First Appellate Court and introducing amendments to the Federal Constitutional Law On arbitration courts in the Russian Federation.

It is provided for the establishment of the Supreme Court of the Republic of Crimea and the Arbitration Court of the Republic of Crimea, 24 district and municipal courts of the Republic of Crimea, the 11

Arbitration Court of the city of Sevastopol, Sevastopol City Court, 4 district courts of Sevastopol city, Crimea Garrison Military Court and Sevastopol Garrison Military Court.

Federal law stipulates that the establishment of bodies of judicial community of the Republic of Crimea and federal city of Sevastopol shall be performed until 1 July 2015.

Federal law provides that the procedure for selection of delegates to the first conferences of judges of the Republic of Crimea and judges of the federal city of Sevastopol, the norms of their representation of the respective courts, as well as the procedure for convening and holding of these conferences shall be approved by the Presidium of the Council of Judges of the Russian Federation.

Under the Federal Law, until the formation of qualification collegiums of judges of the Republic of Crimea and federal city of Sevastopol is completed, their powers shall be exercised by the Higher Qualification Collegium of Judges of the Russian Federation. Prior to completion of the formation of examination boards of the Republic of Crimea and federal city of Sevastopol for conducting a qualifying examination for judges, their powers shall be exercised by the Higher Examination Board for qualifying examination for judges.

The Federal Law stipulates that the selection of candidates for the original composition of federal courts of general jurisdiction and arbitration courts, established on the territories of the Republic of Crimea and the federal city of Sevastopol, shall be conducted on a competitive basis by the Higher Qualification Collegium of Judges of the Russian Federation.

The Federal Law fixed the pre-emptive right of persons substituting positions of judges acting on the territory of the Republic of Crimea and the federal city of Sevastopol on the day of admission to the Russian Federation of the Republic of Crimea and establishment in the Russian Federation of new entities to fill the positions of judges of the federal courts of general jurisdiction and arbitration courts provided the acquisition by them of the Russian citizenship and compliance with the requirements for candidates for the position of judge in accordance with federal law. Only citizens of the Russian Federation can serve as judges, which leads to forced acquisition of the Russian citizenship by persons who previously held the positions of judges.

The Federal Constitutional Law provides for the establishment of the Twenty First Appellate Court, whose jurisdiction includes the verification of judicial decisions of arbitration courts of the Republic of Crimea and federal city of Sevastopol. The permanent location of this court shall be Sevastopol city. The verification of judicial decisions adopted by the Twenty First Appellate Court shall be within the competence of the Arbitration Court of the North Caucasus District.

However, the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine provides that “due to the impossibility to administer justice by the courts of the Autonomous Republic of Crimea and the city of Sevastopol on the temporarily occupied territories, the territorial jurisdiction of the court cases falling under the jurisdiction of courts located in the Autonomous Republic of Crimea and Sevastopol city shall be changed” (courts of Kiev).

The jurisdiction of criminal offenses committed in the territory of Crimea is determined by the General Prosecutor’s Office of Ukraine. Materials of the pre-trial investigation of crimes for which the criminal proceedings are at the stage of pre-trial investigation should be transferred to the pre-trial investigation authorities appointed by the General Prosecutor’s Office of Ukraine. However, the Crimean authorities refuse to transfer the materials of pre-trial investigations.

Moreover, the Law of Ukraine stipulates that “any bodies, their officials and officers on the temporarily occupied territory and their activities are considered illegal if these bodies or persons were established, elected or appointed in a manner not prescribed by law. Any act (decision, document) issued by bodies and/or persons envisaged in Part Two of this Article is invalid and does not create legal consequences”.

Thus, it can be assumed that the decisions of the Crimean courts established on the basis of the above federal laws of the Russian Federation, will not be recognized by Ukraine and the international community, which did not recognize the annexation of the Crimean peninsula.

ISSUES RELATED TO CITIZENSHIP The residents of Crimea who wish to retain Ukrainian citizenship, for the permanent residence in Crimea should, under the demand of FMS authorities, obtain a residence permit (RP). The applications for residence permit should be submitted to the territorial divisions at the place of residence, but the 12

document is issued in Simferopol city for a period of 5 years. The residence permit stamp is affixed to the national or foreign passport of the citizen of Ukraine. If a passport does not have a Russian transliteration, it is necessary to provide a certified translation of the passport. Hwever notaries do not work in Crimea.

To obtain a residence permit it is necessary to submit to the FMS division a package of relevant documents and a written application based on the following form: Temporarily Acting Chief of the FMS of Russia in the Republic of Crimea Yarosh P.G. from ____________________________, Full name residing at:________ tel.__________________________ Application I, __________________________________________________________________, Full name, day, month, year of birth born in ___________________________________________________________, national passport ____________#_____________________________, issued by marital status __________________________________, ask to issue a residence permit to stay in the Russian Federation, as I wish to preserve the citizenship of Ukraine.

Attachment: ________________________ signature ________________________ Full name In order to have a simplified procedure for obtaining a residence permit it is required to provide a copy of the certificate of the applicant’s wish to preserve the citizenship of Ukraine.

For those residents of Crimea, who did not submit by April 18 the application for preservation of citizenship of Ukraine, but wish to preserve it, the procedure for obtaining a residence permit is still unclear. Without a residence permit Crimeans that preserve a citizenship of Ukraine are considered foreign nationals who can continuously stay in Crimea for not more than 90 consecutive days.

On June 4, the Federal Law On Introducing Amendments to Articles 6 and 30 of the Federal Law On Citizenship of the Russian Federation and Certain Legislative Acts of the Russian Federation was signed.

The federal law is aimed at establishing the duty of citizens of the Russian Federation to report about their citizenship (nationality) of a foreign state.

The citizen of the Russian Federation or the legal representative of the Russian citizen who has not reached eighteen years of age or is incapacitated, should notify in writing the local FMS of his citizenship (nationality) of a foreign state (including Ukraine) or a residence permit or other document confirming the right to permanent residence in a foreign country.

This law establishes criminal liability for the breach of duty to notify of the citizenship (nationality) of a foreign state or a residence permit or other document confirming the right to permanent residence in a foreign country, and administrative responsibility for violation of the procedure of such notification.

Crimeans who acquired the citizenship of the Russian Federation are exempted from the obligation to submit a notification in writing of the preservation of Ukrainian citizenship until December 31, 2015.

The RF in Crimea implements an active policy of “passportization� of Crimeans, establishing simplified procedures for acquiring Russian citizenship. Thus, on June 23, the President of the Russian Federation signed the Federal Law On Introducing Amendments to the Federal Law On Citizenship of the Russian Federation. The Law simplifies the procedure for admission to the citizenship of the Russian Federation of 13

foreign nationals and stateless persons residing on the territory of the Russian Federation who are entrepreneurs, investors, qualified specialists, graduates of Russian vocational education institutions or foreign nationals and stateless persons permanently residing on the territory of the Russian Federation and recognized as native Russian speakers in accordance with the Federal Law On Citizenship of the Russian Federation.

However, the employees of the public sector (teachers, professors, government officials etc.) are required to acquire the citizenship of the Russian Federation in order to keep their jobs.

In the passports issued in Crimea it is indicated that the passport was issued by the Federal Migration Service, which contradicts the Resolution of the Government of RF of July 8, 1997 N 828 On Approval of the Regulation on Passport of the Citizen of the Russian Federation, Form and Description of the Passport of the Citizen of Russian Federation. According to the Resolution, the issuance and replacement of passports is provided by the territorial bodies of the Federal Migration Service at the place of residence, stay or application of citizens in the manner determined by the Federal Migration Service. However, in the passports of Crimeans there is no indication of the specific territorial body of FMS, which issued the passport, which gives reason to raise doubts about the validity of this document in the Russian Federation.

Thus, in June the complaints were received from Crimeans who checked their new passports in the FMS database, in particular in order to obtain a loan in the Russian banks and got a refusal. When checking the validity of the passport of the citizen of the Russian Federation certifying the identity of the citizen of the Russian Federation on the territory of the Russian Federation there is a response: “Currently not included in the electronic registration of the FMS of Russia”.

Banci.ru reported that the Central Bank allowed the banks not to provide the services to customers if their identification through the FMS database does not confirm the current status of their passports.

Banks received a relevant clarification from the Director of the Department for Financial Monitoring and Foreign Exchange Regulation of the Central Bank Yuri Polupanov. The letter states that if in the case of inquiring about the validity of the passport of an individual the credit institution receives a response “There is no information regarding the specified details” or “Currently not included in the electronic registration of the FMS of Russia” the bank reserves the right to deny services to the customer - until the official confirmation of the status of the passport is received. If the bank received a reply that the passport is not valid, it shall refuse to provide services to the customer.

The non-compliance of the passport documents issued by the FMS in Crimea with the Russian legislation could limit the capacity of citizens in other regions of Russia.

“CRIMEAN SELF-DEFENCE” Since late February, the “Crimean Self-Defence” has been directly involved in a number of violations of the fundamental human rights (right to life, the right to liberty and personal immunity, freedom of speech, freedom of movement etc.). The representatives of the “Crimean Self-Defence” took part in the abductions of activists, attacks on journalists and obstruction of journalism, repeatedly performed illegal searches of personal belongings and vehicles of the residents of Crimea. Many of these cases were accompanied by the use of physical force, seizure and damage of the equipment, detention in the premises of self-defense, interrogations and transfer to the law enforcement bodies.

The illegal armed formations emerged since the 20 February, consisting of representatives of criminal groups, citizens of the Russian Federation and the local community members. Many of their actions and the fact that they possessed weapons fall under the description of criminal offenses.

On 11 June, at an extraordinary plenary meeting of the State Council of the Republic a Law On the People’s Police – People’s Guard of the Republic of Crimea was adopted in the second reading. The implementation of this Law leads to the legalization of the “Crimean Self-Defense”, which raises serious concerns among the residents of Crimea and poses a potential threat of violations of their rights and freedoms.

This Law of the Crimean Republic details the powers of the “national guard”, prescribing the right to assist in checking citizens’ documents in order to clarify the circumstances of the offense, to assist in transfer (including with the use of physical force within self-defense in case of active disobedience or resistance), in seizure of weapons used to commit offenses etc. The use of force is only possible in order to eliminate the imminent danger to members of the people’s guard or other persons in case of self14

defense or extreme necessity. The Law stipulates only the “assistance” and not the direct checking of documents, seizure of weapons used to commit offenses etc.

The Law simultaneously employs two terms “people’s police” and “people’s guard”; the distinction between these definitions is not clear: “people's police” is a public association acting based on the principles of voluntary involvement and independence from direct government intervention, and “people’s guard” as “people’s police” - the subdivision of the state security agencies.

According to the Law of Crimea the “people’s police-guard” is established directly by the Council of Ministers of Crimea, which provides overall guidance, establishes the headquarters, and provides financing of its activity from the budget. The Chief of the Headquarters is appointed by the Head of the Republic of Crimea. Such conditions make the independence of the “people’s guard” as a public association impossible and lead to the fact that such a guard becomes part of the state security unit.

The Crimean Field Mission continues to record the violations of human rights by the “Crimean SelfDefense” and “people’s guard” (people’s guards are former members of the “Crimean Self-Defense”).

Thus, at the railway station and the central bus station of Simferopol the representatives of the “Crimean people’s police – people’s guard”, without the presence of police, selectively perform the checking of documents and personal belongings. On 22 June, CFM recorded the fact that the people’s police – people’s guard patrol while checking the documents of passengers of Ukrainian trains at the railway station was armed with automatic weapons.

Currently, the Crimean Field Mission is unaware of the facts of prosecution of the members of “Crimean Self-Defense”, and further the “people’s guard” for unreasonable and unlawful actions.

2.2. SOCIAL AND ECONOMIC RIGHTS PROPERTY RIGHTS In violation of international norms and agreements the Crimean authorities and the authorities of the Russian Federation continue to seize the state property of Ukraine, explaining it as “nationalization”.

Thus, the Acting Governor of Sevastopol city Sergey Menyailo informed the reporters that the shipyard Sevastopol Marine Plant, after checking the order of its privatization, shall become a Russian company. In 2010, Petro Poroshenko bought 60% of shares of the enterprise from a Russian businessman Konstantin Grigorishin.

On 13 June, in the Bagerovo village of Leninsky district, the armed men seized the premises, facilities, equipment, barns with the harvest, which belonged to Agrotrade LLC and the organization of veterans and people with disabilities “Dobrobut” - the user of land of the former military farm “Azovskiy”. The unidentified persons explained their actions by Aksenov’s order to preserve the property of the military farm “Azovskiy” of the Ministry of Defense of Ukraine from misappropriation, as well as to prevent the removal from the warehouses of the enterprise of the grain crops. However, a representative of the enterprise Alexander Gafner explained that there is no property of the military farm “Azovskiy” of the Ministry of Defense of Ukraine, there has been a liquidation process and everything was legally sold to Agrotrade LLC. The farm land was transferred to the permanent use of the organization of veterans and invalids “Dobrobut”. Gafner informed that members of the “special forces” seized the documents on equipment that was rented from another company. The representatives of “Agrotrade” LLC appealed to the Ministry of Internal Affairs of the Russian Federation (Annex 7).

On 25 June, by the Decree of the State Council of Crimea to the property of the Republic of Crimea the 41 water management units, enterprises and organizations within the scope of control of the Republican Committee for Waterworks Construction and Irrigated Agriculture were transferred, which were the objects of the state property of Ukraine.

REGISTRATION OF RIGHTS The lack of legal framework in Crimea led to the impossibility to fully exercise the property rights of the residents of the peninsula. Property rights of Ukrainian citizens are registered in the relevant public registers, such registers in Crimea have been closed. Officially, the units of Russian registry and the Cadastral Chamber started to operate in Crimea as of 30 May. However, the Sevastopol Chamber of Registration at first shall register only the transactions with apartments in apartment buildings, where the Ukrainian property right was acquired before 2013. The 15

sellers must assign a cadastral number to the apartment, include the apartment in the Cadastral Chamber database, register the property right in the Chamber of Registration and then carry out the transaction.

Currently, such actions are only performed by those Crimeans who acquired the Russian citizenship. The operation of the Russian registry in June referred only to the registration of property rights in the secondary market. However, the real estate agencies informed on the possibility of buying an apartment in the primary market through the assignment of share contributions in the construction of already commissioned apartments for the subsequent registration of the buyer’s property rights.

The registration of land titles has not yet been conducted. The Federal Service for State Registration, Cadastre and Cartography of Russia explains this by the absence of the relevant law. The situation is complicated by the lack of adequate notaries (most of them are currently denied the right of notarial activities and re-registered in accordance with Russian legislation).

Also, there is a problem with the registration of the right of inheritance. Despite the promise to open the registers, as of 19 July, Crimean notaries had not certified the right to inheritance and find it difficult to name specific dates of commencement of provision of this type of service.

FOR UKRAINIAN CITIZENS DEALS MADE SOLELY IN COMPLIANCE WITH UKRAINIAN LAWS AND ON THE MAINLAND OF UKRAINE ARE RECOGNIZED AS VALID (E.G. THROUGH THE CENTERS OF REGISTRATION OF PROPERTY RIGHTS IN KHERSON). THIS SITUATION MAKES IT ALMOST IMPOSSIBLE TO SELL REAL ESTATE IN CRIMEA FOR THE CITIZENS OF UKRAINE. BANKING SYSTEM An autonomous non-commercial organization “Fund for the Protection of Depositors” continues to operate in Crimea, which provides compensation to customers of Ukrainian banks in Crimea. The individuals are entitled to receive compensation, including those conducting business, without registration of a legal entity. The compensation is paid on the bank deposits (accounts) that were placed in the Ukrainian banks through 1 April 2014.

FREEDOM OF ENTREPRISE Business entities that were registered in Crimea under Ukrainian legislation have been warned by the city tax inspectorates of sanctions to be applied to them in case of their failure to pay taxes in the RF. However, the entrepreneurs are Ukrainian entities and can pay taxes only to Ukraine. The taxes to RF may be paid only by those, who re-registered their business entities in the Russian Federation. However, the warnings related to all business entities. One of the aforementioned sanctions envisages the seizure of the property or enterprise.

On 10 June, the Crimean Council of Ministers approved a new elaborate procedure for placement of street advertising, billboards and signs on buildings. Now, the owners of advertising media should coordinate with the executive authorities and local self-government the layout of advertising, providing the data on the area, highways and road signs, as well as approved by the local authority target program with the list of addresses of installation and operation of advertising designs.

On 18 June, in Simferopol, the utilities services and representatives of the “Crimean Self-Defense” demolished three street cafes that have been found illegally established. Primarily, the objects on a pedestrian street leading to the building of the State Council of Crimea were demolished. The Deputy Prime Minister of the Republic Vladimir Garnachuk said that all illegal summer cafes and verandas shall be demolished within a month. On 10 June, the Acting Head of Crimea Sergey Aksenov ordered to demolish all illegal summer cafes in Simferopol city.

The withdrawal of hryvnia from monetary turnover considerably complicated the payments of Crimean entrepreneurs to Ukrainian suppliers, which resulted in lower volumes of supplies of food to Crimea and the growth in food prices.

RIGHT TO HEALTH CARE In Crimea there is a shortage of medicines. Primarily, this concerns medicines that are not produced in Russia and, accordingly, are not imported to Crimea. In order to buy certain medicines the residents of

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Crimea have to go to the mainland of Ukraine. However, even under such circumstances, they are not able receive all the medicines, as some of them are to be prescribed at the place of residence.

LABOUR RIGHTS The CFM continues to record violations of labor rights. Thus, on 25 June, 4 employees of “Oschadbank” were dismissed under the article “staff reduction”, although some of them were on maternity leave and some were collecting documents for registration of the maternity leave.

OTHER In the Crimean police the process of re-qualification of criminal proceedings opened before the annexation of Crimea to Russia commenced. A source in the Ministry of Interior of the Republic of Crimea reported that currently in all the Crimean police departments the old criminal cases are re-registered according to the Code of the Russian Federation. Primarily, the criminal proceedings related to malfeasance, fraud, crimes against property and against human life and health are being re-registered.

Re-registration is carried out in accordance with the Federal Constitutional Law On admission to the Russian Federation the Republic of Crimea and establishment of new subjects of the Russian Federation – the Republic of Crimea and federal city of Sevastopol, which was adopted on March 21. All criminal cases will have a new qualification in accordance with the criminal law of the Russian Federation. Prior to this, the investigation of all criminal cases in Crimea was conducted solely by investigators from the Russian Federation.

2.3. POSITION OF VULNERABLE GROUPS. MANIFESTATIONS OF XENOPHOBIA UKRAINIANS Ukrainians in Crimea represent not only an ethnic group; this group also includes residents of Crimea, which express the pro-Ukrainian position. Thus, this group has not only ethnic, but also a political component. First of all, members of this group face discrimination in the exercise of freedom of assembly, freedom of expression and religion (Orthodox parishioners of the Kiev Patriarchate), the right to freedom and personal immunity (see Section 2.1.)

The individual cases of politically motivated persecution include the violation of property rights of one of the activists of local Euromaidan Andrey Schekun, a representative of the public organization “Ukrainian House”. After his abduction by the “Crimean Self-Defense” (on 9 March), the torture and eventual release (on 20 March) he was forced to move to Kiev with his family. In Bakhchisarai, where he lived, he owns a three-room apartment. On 7 June, the unidentified men sealed this apartment; Schekun found this out from his neighbors. They saw the sticker on the door of the apartment, which read “The district police officer”. The police claims that they have nothing to do with it, and locals believe that these actions involve the representatives of the “Crimean Self-Defense”. Schekun thinks that these actions could be initiated by those who kidnap people in Crimea (see 2.1.). The press service of the Ministry of Internal Affairs of Russia in the “Republic of Crimea” reported that police have not been involved in these actions, but also did not take any action in this regard either. In late April, Andrey Schekun, Mikhail Dobchenko and Anatoliy Kovalskyi, who were abducted on the eve of the referendum on 9 March in Simferopol, filed complaints with the European Court of Human Rights. Currently, Schekun received a confirmation that the complaint was received by the ECHR. In Yalta, in the Ukrainian high shchool the graduates during the event “Farewell Bell” sang Ukrainian anthem to the music of the Russian anthem. The pupils, who sang the Ukrainian national anthem, were wearing neckties symbolizing the national flag of Ukraine. After the event, the pupils reported that on the teachers, in particular, the class teacher, there was pressure and threats of resignation from the leadership of the city, namely the Department of Education.

CRIMEAN TATARS Crimean Tatars are a discriminated group based on ethnicity in the realization of the rights to movement, freedom and private immunity, education, freedom of speech, assembly, religion and expression (see 2.1.).

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In addition to these cases, the Crimean Field Mission received information about the illegal detention of the Crimean Tatars in Zuya village. On 24 May, to the village nightclub at about 2 o’clock in the morning a special police force broke in, personal belongings of all visitors were searched; a few people were taken to the police station, where, according to them, they were interrogated. According to eyewitnesses, only individuals with a strongly marked “eastern appearance” were taken to the police station. Club owner reported that law enforcement officers had no complaints against him.

ORPHANS AND CHILDREN DEPRIVED OF PARENTAL CARE The Crimean Field Mission sent a request to the Ministry of Social Policy of Ukraine and found that as of 1 January 2014 the primary registration of services for children of the Autonomous Republic of Crimea included 4,323 orphans and children deprived of parental care. Some children were placed in special boarding schools on the peninsula (Appendix 8). These children were “automatically” recognized by the Russian Federation as Russian citizens, depriving them of the possibility to choose citizenship and the place of residence. Moreover, the recognition of these children as citizens of the Russian Federation significantly complicates the procedure of adoption or guardianship over them by the citizens of Ukraine.

Complete information on the situation of these children and protection of their rights and interests is currently unavailable. The Crimean TV channels broadcast information that most children in orphanages were sent to the summer camps in the Russian Federation for “patriotic education”.

This situation is alarming because it can lead to a violation of the Convention on the Rights of the Child, primarily of Article 8. Actions of the Russian Federation and the Crimean authorities constitute an interference with the exercise of the rights of the child to preserve his or her identity, including citizenship, name and family relations.

PERSONS SERVING A SENTENCE The State Penitentiary Service of Ukraine has confirmed that currently the Crimean authorities and the authorities of the Russian Federation refuse to cooperate with Ukraine on Ukrainian citizens serving sentences in Crimea. The escorting of detainees and convicts between the institutions of Crimea and mainland Ukraine is not currently carried out by the Ministry of Internal Affairs of Ukraine.

According to the State Penitentiary Service of Ukraine in Crimea there are three thousands of persons serving a sentence. About 200 citizens are subject to the Law of Ukraine On Amnesty. But Ukrainian authorities are unable to apply the provisions of law to them because Crimean authorities refuse to negotiate on this issue.

II. PROBLEMS OF THE RESIDENTS OF CRIMEA WHO HAD TO FLEE THE PENINSULA AND MOVE TO CONTINENTAL UKRAINE (INTERNALLY DISPLACED PERSONS) SOCIAL AND ECONOMIC RIGHTS PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS According to the UN Refugee Agency as of the end of June 12 thousand residents of Crimea fled to Ukraine’s mainland. However, civil society organizations engaged in addressing the problems of internally displaced persons state that the number of such people is much bigger because many displaced persons do not register in the social policy units because of the lack of legislative definition of the status of internally displaced persons.

Currently, in Ukraine, the legislative framework addressing the issues related to the occupied territory and people migrating from it, is the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime of the temporarily occupied territory of Ukraine (as of 15 April 2014). However, this Law does not fully address the social and economic issues of persons displaced from Crimea. At the moment, it is necessary to adopt a Law of Ukraine to establish the mechanisms to ensure the rights of internally displaced persons from Crimea.

On 19 June 2014, the Verkhovna Rada of Ukraine adopted the draft law #4998-1 On the legal status of persons who are forced to leave their places of residence due to the temporary occupation of the Autonomous Republic of Crimea, Sevastopol and circumstances related to the implementation of the anti18

terrorist operation in the territory of Ukraine submitted by people’s deputies of Ukraine Patskan V.V., Sobolev S.V. However, this draft law had a number of serious gaps.

The draft law 4998-1 was for the first and short time reviewed at the last meeting of the Committee on Human Rights, National Minorities and International Relations on 18 June virtually on the eve of its adoption, which caused doubts about the quality of provisions aimed to solve the pressing problems of the internally displaced persons. This draft law was adopted without proper and prescribed by the Regulation of the Verkhovna Rada legal opinion of the Main Scientific Expert Department of the VRU. The procedure by which the draft law was adopted (without public discussion, expert conclusions, without actual review in the Committees and introduction of amendments) does not meet contemporary democratic procedures of lawmaking. Moreover, members of the public had been working on another draft law, namely #4998 On protection of rights of internally displaced persons, which as amended on 17.06.2014 enshrined the largest number of regulations proposed by the public and was based on the experience of countries in which there is a situation of forced migration; it takes into account the recommendations of the UN Commission on Human Rights and the UN High Commissioner for Refugees.

But this draft law was not included in the agenda for voting. Thus, the draft law 4998-1 was adopted by the Parliament of Ukraine in violation of the Regulation of the Verkhovna Rada of Ukraine and the Constitution of Ukraine.

This draft law includes the term “forced migrant”, which does not comply with the generally accepted international norms (namely, the notion of “internally displaced person”) and can lead to significant confusion in the application of the term.

The draft law #4998-1, in contrast to the draft law, which was developed with the participation of the public, does not contain provisions that would effectively address a large number of practical issues of the displaced persons (registration, employment, assistance with temporary housing, simplified procedure of re-registration of business etc.) and imposes such a duty on the Cabinet of Ministers of Ukraine. The provisions of this draft law (par. 7, Art. 3) violate the Constitution of Ukraine and lead to restriction of the freedom of movement and choice of the place residence by the citizens of Ukraine.

The draft law actually sets the so-called “burden of proof” that contradicts the Constitution of Ukraine.

Citizens of Ukraine who moved from Crimea will be forced to prove that their resettlement is compelled and justified in terms of the specified Law. Under the draft law, the principal body that implements the provisions of this Law is the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship and registration of individuals, refugees and other defined by legislation categories of migrants. However, this does not correspond to the Regulation on the State Migration Service of Ukraine and is a fundamentally wrong approach to solving the issues of IDPs. Thus, this law is designed to solve social and economic problems of displaced persons and to provide them with assistance. However, the State Migration Service of Ukraine and its agencies have only the function of registration and control over the movement of citizens. Authorities, which would be called upon to assist in solving the problems of IDPs, are the bodies of the Ministry of Social Policy, which are currently working towards provision of practical assistance to the specified category of persons. However, the range of issues facing the internally displaced persons by far exceeds the competence of the Ministry of Social Policy, as the affect the exclusive competence of the Pension Fund, the Ministry of Education and Science, the Ministry of Health and other.

In the text of the draft law there is no definition of specific procedure for obtaining humanitarian and financial assistance, benefits, opportunities for obtaining preferential mortgage and consumer loans or refinancing of certain types of loans by the state, tax benefits in the course of recovery of economic activity; also, there are no correspondent dispositions to the legislative acts associated with these legal relationships.

Since the adoption of this law in practice would lead to the complication of access of internally displaced persons to social and civil protection of the population and human rights violations, the human rights and other civil society organizations engaged in addressing the problems of IDPs, since June 23 have been holding conduct a campaign, which aims to prevent the entry into force of such a law. Ukrainian human rights activists appealed to the President of Ukraine Petro Poroshenko: 1. When considering the draft law #4998-1 On the legal status of persons who are forced to leave their places of residence due to the temporary occupation of the Autonomous Republic of Crimea, Sevastopol 19

and circumstances related to the implementation of the anti-terrorist operation in the territory of Ukraine adopted on June 19, 2014 by the Verkhovna Rada, to apply the President’s right of veto, provided by Article 94 of the Constitution of Ukraine.

2. To apply to the Verkhovna Rada with a request to return to consideration the draft law #4998 of 03.06.2014 On protection of the rights of internally displaced persons (updated on 17.06.2014) with the involvement in its improvement of public organizations dealing with internally displaced persons.

The full statement is available on the website of the Information Center for Human Rights1.

RIGHT TO EDUCATION On 6 May, Art. 7 of the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine was amended with regard to the right to education. According to the introduced amendments, Ukrainian citizens, who reside in Crimea or moved to the mainland of Ukraine, are entitled to continue receiving a certain educational level in other regions of Ukraine at the expense of the state budget.

In order to implement this provision the Ministry of Education and Science adopted the following Orders: #556 - approved the interim procedure for transfer to education of students, graduate and doctoral students from universities and research institutions located in the temporarily occupied territory; #655 provides for the procedure for obtaining Ukrainian diplomas by students who graduated from higher educational institutions in the temporarily occupied territory of Ukraine.

However, in June, the Crimean students who studied on a commercial basis or based on a competitive selection process did not get the state-subsidized places in the universities of Ukraine were denied obtaining the state-subsidized places guaranteed in Art. 7 of the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine. The heads of higher educational institutions explained such cases by the fact that the Ukrainian budget has not been amended accordingly allowing for allocation of additional budget funds to subsidize the additional places for students from Crimea.

Many pupils, who graduated from school this year in Crimea and were trained based on the Ukrainian curriculum, received the Russian certificates of secondary education. This leads to difficulties in entering higher educational institutions of Ukraine.

PROVISION OF HOUSING The problem of provision of temporary accommodation is not settled so far. The Resolution of the Cabinet of Ministers of Ukraine #213 of 25 June, allocated 25 166.19thous. UAH to provide financial assistance in order to accommodate families that moved from the Autonomous Republic of Crimea and Sevastopol city. The money was allocated to Vinnytsia, Volyn, Zhytomyr, Zaporizhia, Ivano-Frankivsk, Kyiv, Lviv, Mykolayiv, Odessa, Rivne, Khmelnytsky, Chernihiv Oblast State Administrations and the Kyiv City State Administration. This Resolution applies only to families currently residing in the resort and recreational facilities, social protection institutions, hostels and hotels of mainland Ukraine. The monetary assistance is transferred to the accounts of resort and recreational facilities, social protection institutions, hostels and hotels. The displaced persons do not receive monetary assistance.

However, the Ministry of Finance has not yet developed the appropriate procedure for the use of this money, which makes it impossible to get such financial assistance. Furthermore, the distribution of funds to the regions of Ukraine, according to experts and human rights activists, is irrational. Thus, comparing the budget allocation with the number of registered displaced persons (Overview of population displacement, OCHA), leads to the following ratios: in Vinnytsia region there are 469 Crimeans - 532 thousand UAH allocated, in Zaporizhia region there are 457 Crimeans - 623 thousand UAH allocated, in Odessa region there are 313 Crimeans (2641 persons) - 9 million 829 UAH allocated.

1

http://humanrights.com.ua/257-zvernennia-do-prezydenta-shchodo-zakonu-pro-vnutrishno-peremishchenykhosib

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The reimbursement for the rent by IDPs of temporary housing in the private households and financial assistance for them is not envisaged by the current legislation of Ukraine.

REGISTRATION The separate procedure for the registration of residence for IDPs from Crimea is not provided so far. This leads to a significant restriction of the rights of citizens of Ukraine in the sphere of individual business activity, legal entity, employment, registration of property rights etc.

On 17 June, the Parliament of Ukraine passed the draft law on introducing amendments to the Law of Ukraine On ensuring the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine (regarding the place of residence and the right to education). It provides for a simplified procedure for the IDPs from Crimea, under which the persons displaced from Crimea and those who remained in Crimea are entitled to receive in the State Migration Service of Ukraine the certificates confirming their place of residence. Such certificates according to the draft law are issued to citizens on the day of application on the basis of Ukrainian passport and a written statement, indicating the address at which a citizen can receive official correspondence. But these changes have not yet been signed by the President of Ukraine and did not come into force.

In addition, the Ukrainian authorities still have not established a unified system of registry the persons displaced from Crimea. A separate database for the registration of such persons is maintained by the departments of social protection, but these databases include only persons who receive social benefits, assistance or pensions; other individuals are not included in this database. Separate databases are maintained by community organizations that address issues of temporary accommodation of displaced persons.

PROPERTY. BANKS To date, the issue of unblocking and recovering the bank accounts, including the business and deposit accounts for the displaced persons from Crimea remains largely unresolved. Most complaints come from customers of “Privatbank”. Communicating with social workers and psychologists, people that were forced to leave the peninsula, increasingly highlight the fact that the blocking of accounts in “Privatbank” and other Ukrainian banks complicates social adaptation in mainland Ukraine, as well as takes away the possibility of planning their family’s life in the circumstances. Some residents of Crimea, who had moved to other regions of Ukraine, changed the place of registration of residence (for example, registered with relatives), provided this information to the “Privatbank” (according to its illegal requirements), but were denied the use of their deposit accounts or entrepreneurial accounts.

Crimean residents who have moved to other regions of Ukraine cannot register their vehicles, as it also requires a new registration of the place of residence in the relevant region.

BUSINESS AND ECONOMIC ACTIVITIES The lack of a simplified system for changing the registration of the place of residence for citizens of Ukraine, who left Crimea, is blocking the possibility of continuing economic activities of individual entrepreneurs from Crimea, who wish to continue their activities in other regions of Ukraine. Moreover, the tax authorities of Ukraine warn such entrepreneurs that they will be penalized because of late submission of tax reports and payment of taxes and fees. However, most entrepreneurs do not have the capacity to pay taxes and submit reports as they cannot change the location of a business entity. Such difficulties are also faced by non-governmental organizations (NGOs), which have the status of legal entities.

EMPLOYMENT According to the State Employment Service, for the period from 1 March to 1 July 2014 the employment centers in Ukraine were addressed for employment assistance by 971 people from among the residents of Crimea, of which 214 people were employed, 391 people were registered as unemployed, which entitles them to receive financial assistance in the amount of the minimum wage (Appendix 9). Out of the total 391 persons 366 individuals got neither the job, nor the unemployment status; it means that they have no source of income. Furthermore, a significant number of persons displaced from Crimea do not apply to employment centers as they are trying to find a job on their own.

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Information has been prepared on the basis of the materials of: Olga Skrypnik, office of the Crimean Field Mission in Ukraine, Centre of Civil Education “Almenda” Tetiana Pechonchyk, Human Rights Information Centre, Ukraine Dariia Sviridova, lawyer, Ukrainian Helsinki Human Rights Union

The monitoring review prepared with support from the “Democratization and Human Rights in Ukraine” project implemented by the United Nations Development Programme and financed by the Ministry of Foreign Affairs of Denmark

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ANNEXES ANNEX 1

Application of the Spiritual Administration of Muslims of Crimea to Crimean authorities on the need to take action in relation to cases of abduction of activists (L. Korzh, T.Shaimardanov, S. Zinedinov) and murder of Reshat Ametov

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ANNEX 2

Summons to Chief Editor of the Crimean Tatar newspaper “Avdet” Shevket Kaibullaev on the need to come to the Prosecutor’s Office of Simferopol

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ANNEX 3

A leaflet calling to inform the FSS of Crimea about people who were “against the return of Crimea to the Russian Federation or participated in the regional Maidan� (Simferopol)

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ANNEX 4

Response from the State Border Guard Service of Ukraine on the entry and exit to and from Crimea

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ANNEX 5

Stamp in the passport on the refusal of entry to Ukraine (at the checkpoint of the Border Guard Service of Ukraine)

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ANNEX 6

Ticket sales for the transportation to mainland of Ukraine based on international tariffs (railway station box office, Simferopol city)

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ANNEX 7

The application of the representative of the Agrotrade LLC to the Ministry of Internal Affairs of the RF on the seizure of premises, facilities, equipment, granary with crop harvest

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ANNEX 8

Information about orphans and children deprived of parental care in Crimea from the Ministry of Social Policy of Ukraine

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ANNEX 9

Information from the State Employment Center of Ukraine on Crimean residents who addressed the regional employment centers

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