Crimea field mission septmber 2014 report eng

The Crimean Field Mission on Human Rights Overview of the human rights situation in the Crimea (September 2014) Analytical review I. Introduction ................................................................................................................................................................... 3 ІI. Problems of the Crimean population......................................................................................................................... 4 2.1. Civil and political rights ............................................................................................................................................ 4 The right to life ............................................................................................................................................................. 4 The right to liberty and security of the person ........................................................................................................ 4 Cases of disappearance ........................................................................................................................................... 4 Searches .................................................................................................................................................................... 5 The freedom of speech and expression .................................................................................................................... 7 The freedom of peaceful assembly............................................................................................................................ 8 The freedom of association ........................................................................................................................................ 9 The freedom of conscience and religion ................................................................................................................. 10 The Freedom of movement ...................................................................................................................................... 12 The right to a fair trial and effective remedy ......................................................................................................... 13 Issues related to citizenship ..................................................................................................................................... 15 The electoral process ................................................................................................................................................. 16 2.2. Social and economic rights .................................................................................................................................... 17 The property right and property relations .............................................................................................................. 17 The state property of Ukraine .............................................................................................................................. 17 Private and collective property ............................................................................................................................. 17

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Registration of rights ............................................................................................................................................. 18 The banking system ............................................................................................................................................... 19 Freedom of entrepreneurship ................................................................................................................................... 19 Labor rights ................................................................................................................................................................. 19 The right to education ............................................................................................................................................... 19 2.3. The situation of vulnerable groups. Xenophobia ................................................................................................ 20 Ukrainians ................................................................................................................................................................ 20 Crimean Tatars ....................................................................................................................................................... 20 Internally displaced persons and refugees ......................................................................................................... 22 III. Problems of the Crimean residents who had to leave the peninsula and move to the mainland of Ukraine (internally displaced persons) ....................................................................................................................................... 22 The overall situation .................................................................................................................................................. 22 Social and economic rights ....................................................................................................................................... 23 The right to education ........................................................................................................................................... 23 Access to housing ................................................................................................................................................... 23 Registration ............................................................................................................................................................. 23 Property. Banks ...................................................................................................................................................... 24 Annexes ............................................................................................................................................................................ 25

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 2 Denmark.

I. INTRODUCTION This monitoring review has been prepared by the Crimean Monitoring Field Mission on Human Rights on the basis of the material collected by the Mission in September, 2014 while working in the Crimea, as well as in Russia and Ukraine.

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

The Mission has the following as objectives: •

presentation of information about events in the Crimea;

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risk mitigation for all parties to the conflict;

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maintaining a legal framework in the region, strengthening and promoting human rights standards and effective protection mechanisms through monitoring of the situation and checking of reports received on various clashes;

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comprehensive assistance to initiatives related to protection of human rights regarding all parties to the conflict.

Emphasizing that human rights are the focus of the direct and legitimate concerns of the international civil society, and pursuing these objectives, the Mission: •

monitors the overall situation regarding compliance with the international humanitarian law and fundamental human rights in the territory of the Crimea, as well as protection of human rights activists, journalists, lawyers, and community leaders and their support in their professional activity;

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pays special attention to monitoring of inter-ethnic and inter-confessional relations;

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oversees actions of law enforcement agencies and public authorities;

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calls upon all parties involved in the confrontation to adhere to the standards of the international humanitarian law and the commitments in the field of human rights, and upon international intergovernmental organizations and their members and participants - to monitor implementation of these commitments.

In its activities, the Mission is guided by the principles of absolute non-violence and non-discriminatory practices, stands on the ground of political neutrality and legal integrity.

The findings of this paper are based on the results of collection of first-hand information (monitoring of the situation and developments in the Crimea, interviewing representatives of key target groups), media monitoring, event and legislative framework analysis, while using the official statistics.

The overview is developed on the monthly basis and includes sections on the situation with the civil as well as political, social and economic rights in the Crimea, as well as the situation of vulnerable groups and xenophobia on the peninsula.

Moreover, the overview displays problems of the Crimean residents who were forced to leave the peninsula and move to the mainland of Ukraine (internally displaced persons).

CFM expresses gratitude to all those who assisted to this report. The opinions, positions, and assessment contained in this Review do not necessarily represent the position of the United Nations Development Programme, other UN Agencies or the Ministry of Foreign Affairs of Denmark.

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ІI. PROBLEMS OF THE CRIMEAN POPULATION 2.1. CIVIL AND POLITICAL RIGHTS THE RIGHT TO LIFE There is still no information on the course of the investigation into the murders in the territory of the Crimea of Reshat Ametov (his body was found on 15 March 2014), major of the Ukrainian Navy Stanislav Karachevsky (killed on 6 April 2014), and 16-year-old Mark Ivanyuk (killed on 20 April 2014). Until now, nobody has been brought to justice in these cases.

THE RIGHT TO LIBERTY AND SECURITY OF THE PERSON CASES OF DISAPPEARANCE The investigation into the disappearance in May of Leonid Korzh, Timur Shaimardanov and Seyran Zinedinov, activists of the Ukrainian National House, has not progressed either. As a result of negotiations between the relatives of the missing persons and CFM partners, they succeeded in engagement into the investigation process of the Crimean lawyer Alexander Lesovoy. After that, in the "Missing Persons" section on the website of the Ministry of Interior of the Republic of Crimea1 information about the disappearance of Seyran Zinedinov appeared (previously, only the information about T. Shaimardanov was placed there). The lawyer in the case of disappearance of Timur Shaimardanov still witnesses reluctance of the investigating authorities to provide the requested information and to allow him to study the case file.

The fate of Automaidan activist Vasily Chernyshev, who lived in Sevastopol and disappeared in March, remains unknown. The day before the "referendum" on the status of the Crimea, on March 15, he wrote his last post on Facebook, and since then there has been no information from him.

In September, three more Crimean Tatars went missing, two of which were definitely kidnapped.

On 27 September, at 7 pm in the neighborhood of Sary-Su, Belogorsk city, unidentified people forced two young men - Crimean Tatars, residents of Sary-Su - Islyam Dzhepparov (19 years old) and Dzhevdet Islyamov (23 years old) into a vehicle and drove away in the direction of Feodosia. The father of Islyam and the uncle of Dzhevdet Islyamov (the abducted people are cousins) Abdureshit Dzhepparov is a former leader of the Majlis of Belogorsk, he was a delegate to the second and the third Qurultai. He immediately contacted the police and the Federal Security Service of Russia in Belogorsk district of the Crimea by writing a statement of the kidnapping. According to eyewitnesses, the thieves were driving a Volkswagen Transporter vehicle with license plates having 755 digits (region 82). The Prosecutor's Office of the Republic of Crimea reported that "on this fact, the decision has be made to launch a criminal proceeding under items "a", "g" of Part 2, Art. 126 of the Criminal Code of the RF - kidnapping committed by a group of persons by prior concert in respect of two or more persons". Until now, the fate of the kidnapped persons is unknown.

On 29 September, 25-year-old Crimean Tatar Edem Asanov went missing in the Crimea. This was reported by his sister Feride Asanova. Edem Asanov was communting to work from the city of Saki to the city of Evpatoria, where he worked as a beach lifeguard at the sanatorium "Primorye". However, he never reported at his workplace. The same evening, Ferida Asanova reported the disappearance to the police having indicated that Edem had been seen in the first half of the day at the bus station in Evpatoria. The sister claims that Edem was a balanced non-belligerent person, was not politically active, and did not publish any

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http://82.mvd.ru/citizens/Rozisk/item/2555590/

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harsh statements on social networks. On 6 October, Asanov was found hanged in an abandoned building in Evpatoria. The circumstances of his death remain unclear.

SEARCHES In September, there were more frequent searches in the homes of Crimean Tatars, which were exercised in violation of the procedural rules and with involvement of the armed persons from the "Crimean selfdefense".2 The nature of these searches largely indicates at politically motivated prosecutions of leaders of the Crimean Tatar people. The majority of those who were searched were members of the Majlis.

Thus, on 3 September in Simferopol district about three dozens of militants (possibly, "the Crimean selfdefense") penetrated into the house of the family of Isaev, the head of a village Majlis, after which a search was held. During the search, they did not allow anyone out of the house, refused to invite witnesses from among neighbors, and brought witnesses with them. No documents were presented as a proof of identity or authority. They only showed to Isaev a court ruling by the Kievsky District Court in Simferopol.

According to the daughter, the law enforcement officers allegedly found a black bag with a substance resembling TNT in the adjacent building of the household.

On 4 September, there was a series of searches in the homes of Crimean Tatars, which began early in the morning. Thus, there was a search in the house of Mustafa Salman, the chairman of Nizhnegorsky regional Majlis in the village of Razlivy of Nizhnegorsky district. After the search, along with his two sons he was taken to the district department for interrogation, and released later.

On the same day, referring to the criminal case of "May 3" (the protest action connected with the refusal of entry for Mustafa Dzhemilev), the police searched the family of Ruslan Paralamov in the village of Dvurechye of Nizhnegorsky district. During the search, they seized religious literature, periodicals, and Crimean Tatar paraphernalia. At the beginning of the search, R. Paramonov was handcuffed, and the handcuffs were removed after announcement of the court order. After the search, Paramonov was taken to the district department for interrogation, and they took his fingerprints and a sample of hair.

Later, a search was conducted in the family of Hasan and Susanna Ablaev in Nizhnegorsky district. Police also searched the family of Musa Chahalov in the village of Prudovoe of Simferopol district, in the course of which they seized the book "The Fortress of the Muslim". On the same day, a search was conducted in the house of Dilyaver Hayreddinov, a member of the regional Majlis of Nizhnegorsky district.

On September 6, police officers searched the house of businessman Mustafa Osmanov from the village of Mezhvodnoe of Chernomorsky district of the Crimea. Mustafa Osmanov is the owner of several shops, a restaurant, and a hotel. Since December 2013, he publicly supported the peaceful protests on Maidan, with his private car he used to go to Kyiv to bring groceries and cook pilaf for the protesters on Maidan. According to Edem Osmanov, the son of the businessman, the formal reason for the search was an alledged store robbery in Chernomorsky district. He assumed that the search can be linked to the family’s political position and attempts to exert pressure on the family.

On 8 September, several dozens of law enforcement officers searched the home of Isa Nurlaev, the head of the Majlis in the village of Pochetnoe of Krasnoperekopsky district. The search has discovered a TNT block.

2 On the nature of the activities of the "Crimean self-defense units" - see the Analytical Note of CFM "On the impact of paramilitary units on the human rights situation in the Crimea" at: http://crimeahr.org/ru/content/analiticheskaya-zapiska-no3-krymskoy-polevoy-missii-po-pravam-cheloveka-ovliyanii, as well as the respective info graphics: http://issuu.com/dhrpraxis/docs/samooborona_crimea_en

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Isa Nurlaev was brought to the Investigative Committee of Simferopol for interrogation, where the officials did not ask questions about the block, but interrogated him within the criminal case in relation to "May 3" events.

On the morning of 10 September, searches were carried out in the homes of Ekrem and Nariman Ametov from the village of Kamenka, Leninsky district. They officials denied to make a copy of the court search order, call a lawyer, or to make a phone call. During the search, two laptops and religious literature were seized. After the search, both brothers were detained and taken to Simferopol to the Center for Combating Extremism, where they were interrogated until 6 pm.

On 16 September, at 6.30 am about 15 armed unidentified men illegally entered the apartment of Eskender Bariev - member of the Majlis of the Crimean Tatar people in the village of Molodezhnoe near Simferopol.

Eskender Beriev said that they were looking for Islamic literature, confiscated his laptop and the system unit of the computer. The search was conducted by FSB staff. They presented the court order that those activities were carried out in connection with the “May 3” events, when Crimean Tatars were meeting Mustafa Dzhemilev on the administrative border in Armyansk. Eskander Beriev perceived this as a way of psychological pressure to force him to stop social activities.

On the same day, September 16, searches were held in the house of Mustafa Asab, the chairman of Belgorodsky regional Majlis of the Crimean Tatar people. Mustafa Asab said that FSB investigators had come to him at 6.45 am, presented the court order for the search in connection with the events of May 3. As a result of the search, they seized five booklets: one - on religious themes, and four - on the Crimean Tatar national movement, and Mustafa Asab was brought in for interrogation.

On 17 September, in the morning, police cars with armed people arrived in the village of Kolchugino near Simferopol. According to local residents, six police cars and one car with machine gunners came to the village. In four houses of Crimean Tatars, they held searches as part of the case on the events of "May 3" in Armiansk, they were looking for weapons, drugs, and Islamic literature banned in the Russian Federation.

Local residents reported that after the searches the police took away four people - one from each house where they held a search.

On the early morning of 17 September, a search began in the National School with the Crimean Tatar language of instruction (School №2) in the village of Zuya of Belogorsky district. According to media reports, no court orders or other documents were presented to the school principal, they scrutinized the library and checked the computers, and confiscated two newspapers: an old issue of "Renaissance" newspaper, which is associated with the political-religious organization Hizb ut-Tahrir, and a copy of "The Voice of the Crimea" of 2009, which published an interview with the deputy chairman of the Republican Committee of the ARC on Religious Affairs Aider Bulatov titled "Islam - and Actual Factor of the Social Life", suggesting to the school principal to write an explanatory note.3 On 17 September, a mosque in Fontany district of Simferopol - a place of a dense residence of Crimean Tatars, was searched as well.

On 18 September, there was an attack on Nadir Bekirov, the President of the Foundation for Research and Support of Indigenous Peoples of Crimea as he traveled to attend the session of the UN General Assembly

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http://ru.krymr.com/archive/news-ru/20140917/16898/16898.html?id=26590190

http://15minut.org/article/v-krymskotatarskoj-shkole-peretrjasli-biblioteku-izjali-dve-starye-gazety-2014

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devoted to indigenous peoples on 22-23 September (see more details in the chapter "Freedom of movement)".

On 23 September, a teacher of the "Derekoy" mosque in Yalta, who is a citizen of Turkey, was summoned for interrogation by FSB officers, which lasted for about three hours, failing to explain to him the grounds for the interrogation.

The searches also affected Ukrainian activists. Thus, on 8 September, the Simferopol police searched a home of Liza Bogutskaya, who is a known Crimean designer and blogger. The police told her husband that the search was carried out in the framework of the investigation of the incident occuring on “May 3” at the border crossing of Armyansk, when Liza Bogutskaya together with representatives of the Crimean Tatar people met in Armyansk the leader of the Majlis Mustafa Dzhemilev. The Police seized all computer equipment, including phones and the car DVR's flash card. After the search, Liza Bogutskaya was taken to the Center for Combating Extremism, being denied her lawyer for about 30 minutes, who arrived promptly informed by the CFM and its partners in the Crimea. After lawyer’s arrival, Liza Bogutskaya was released without charges. Ms. Bogutskaya reported that in the Center for Combating Extremism they told her that she distributed information via the Internet that incited ethnic hatred and provoked ethnic conflicts. According to the activist, the investigator in the incident in Armyansk interrogated her as a witness. In connection with the detention of Liza Bogutskaya, the Parliamentary Commissioner for Human Rights of Ukraine appealed to the Commissioner for Human Rights of Russia requesting him to conduct an inspection into the fact of the detention and to take the necessary measures to protect the rights and freedoms (Annex 1). After the interrogation, fearing pressure and harassment from the FSB, Liza Bogutskaya had to leave the Crimea.

Thus, we can state the continuous trend of of politically-motivated mass searches in the Crimea.

THE FREEDOM OF SPEECH AND EXPRESSION In the Crimea, violations of the freedom of speech continue, in the first place by the local authorities. One of the key ways to put pressure on independent media is to prosecute the media for violating the ban on extremist activities.

On 12 September, the management of the TV channel "Chernomorskaya" (ChTRK) reported that their property was no longer under arrest, but they were refusing to give the television broadcasting company's property back to its staff. The Radio and Television Broadcasting Center, according to ChTRK representatives, deliberately delayed the judicial process in order to hinder operation of the TV channel.

On 14 September, the day of the local elections under the laws of Russia, during elections for the State Council of the Crimea and Sevastopol Legislature, a number of journalists were not admitted to the polling stations. The journalists were requested to present their passports and editorial assignments in writing with the media's stamp on them. Without such credentials, admitance to the polling station for journalists was banned. However, prior to that Kerch election committee chairman Svyatoslav Brusakov stated that the journalist press cards would suffice. Thus, the formal obstructions for journalistic work were created.

On 16 September, during a search in the office of the Majlis of the Crimean Tatar people and the charitable organization "The Crimea Foundation", the editorial office of the newspaper "Avdet" located in the same building was also searched. The following day, based on a court order, both the Majlis and CO "The Crimea Foundation" and the editorial board of the newspaper" Avdet" were requested to vacate the building within one day.

Moreover, the Federal Security Service issued a warning to the editor-in-chief of the newspaper "Avdet", Shevket Kaybullaev. According to Kaybullaev, he was summoned to the Crimean department of the FSB, where he was handed the official document. It read that he was responsible for placing the text in the newspaper containing "hidden calls to ignore the elections, attempting to prevent the legitimate activities of state authorities, local governments, and the electoral commissions". In the official warning, it is also stated that "these actions create conditions for committing a crime under Art. 280 of the Criminal Code of the

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RF - "public calls to extremist activity". However, failure to appear for elections, or even a call to ignoring the vote do not fall under the definition of "extremist activity".

On 24 September, Director General of the Crimean Tatar channel "ATR" E. Islyamov received a letter from the Center for Combating Extremism of the Russian Ministry of Interior in the Republic of Crimea with the request to submit to them certified copies of the registration, permit (including licensing) documents that authorize their operation, as well as lease agreements for the occupied premises and the staffing list of the TV channel, the list of persons officially employed at the TV channel, as well as job descriptions of the employees.

The document says that the inspection is carried out following a letter from the Russian Commercial Oversight Office in the Republic of Crimea and Sevastopol city, which states that the "ATR" channel changed the vector of its information content and mass media data and works hard to force through the idea of possible reprisals on ethnic and religious grounds, promotes formation of anti-Russian opinions, deliberately fuels distrust to the government and its actions among Crimean Tatars, which indirectly implies the threat of extremist activity" (Annex 2).

As of 24 September, the Russian Commercial Oversight Office, according to its head, Mr. Zharov, registered in accordance with the legislation of the Russian Federation only 42 Crimean media, which is about 1% of the total number of the previously recorded media in the Crimea.

THE FREEDOM OF PEACEFUL ASSEMBLY On 27 September, the Majlis of the Crimean Tatar people announced that they might have to cancel the traditional session of the Qurultai of Crimean Tatars in the Crimea. The Qurultai is the national congress of Crimean Tatars, the supreme representative authority of the Crimean Tatar people. However, due to the prohibition of entry to Crimea for leaders of the Crimean Tatar people Mustafa Dzhemilev and Refat Chubarov, searches in the homes of members of the Majlis, and eviction of the Majlis in Simferopol, there was a threat for the safety of the Qurultai delegates. In this regard, the Majlis is considering the idea of holding the Qurultai in Kyiv or Istanbul.

On 27 September, the Majlis of the Crimean Tatar people announced its intention to initiate rallies in the Crimea, which would focus on the protection of human rights. The rallies will be held according to the procedures laid down in the legislation of the Russian Federation. Earlier, the organizers of several rallies of Crimean Tatar were denied permissions for holding peaceful assemblies under various excuses (for example, hot weather). The Majlis members fear that they will be once again banned from holding the peacefull assembly. The Head of the Secretariat of the Majlis Dilyaver Akiev suggested that the next ban of Majilis "follow a common pattern now finding various excuses� and that the Majlis will "seek to appels against these decisions in court".

On 29-29 September, a meeting of Crimean Tatars was held near the house of Crimean Tatar activist Abdureshit Dzhepparov in Sary-Su. The residents came together to express their outrage at the abduction of his son and his nephew (Islyam Dzheparov and Dzhevdet Islyamov), which took place on 27 September.

Media reported that overall there were about 150 people. Abdureshit Dzhepparov referred to the event near his house as a meeting to avoid possible prosecution and penalties toward him or meeting attendees for holding an "unauthorized" rally.

Special concerns are associated with the public discriminatory statements by the Acting Chairman of the Crimea Sergey Aksyonov against members of the LGBT community. Mr. Aksyonov said that the "authorities" would not allow peaceful assembly to sexual minorities. Aksyonov also threatened those who would support the LGBT activists with the police and the "self-defense". Moreover, public statements by Aksyonov contain calls for discrimination against the LGBT community, namely, the call to the local population that they joined the police and the "Crimean self-defense" in the case they crack down peaceful gatherings of LGBT activists.

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FREEDOM OF ASSOCIATION With regard to Crimean Tatars, not only the freedom of association is limited, but they also create obstacles that deprive Crimean Tatars of the possibility to interact and organize themselves to pursue their goals, which are legal and do not infringe upon the rights of other people in the Crimea.

On 16 September, on Shmidt Street in Simferopol, armed unidentified masked men surrounded the building of the Majlis of the Crimean Tatar people, which it has occupied for about 15 years. The militants refused to identify themselves and explain the reasons for their actions. They were accompanied by police staff, who said that they were performing investigation activities, failing to confirm that with relevant procedural documents. Entry to the building was denied to anyone, while a search lasted for about 10 hours.

A search was also conducted in the editorial office of the Crimean Tatar newspaper "Avdet", which shares the building of the Majlis. The editor-in-chief was not present there.

Members of the Majlis claim that during the search they seized some minutes of meetings of the Majlis, religious books, computer equipment, as well as personal belongings of Member of the Parliament of Ukraine Mustafa Dzhemilev. The premises housing the Majlis of the Crimean Tatar people are, according to the Director General Risi Shevkieva, the property of the charitable organization (CO) "The Crimea Foundation" as per the selling contract of 29.12.2003 between the Property Fund of the AR Crimea and CO "The Crimea Foundation".

Later, on 17 September, a bailiff read the judgment to the Director General of "The Crimea Foundation" Risi Shevkieva, according to which the Majlis of the Crimean Tatar people, CO "The Crimea Foundation", and the newspaper "Avdet" shall within one day vacate the premises on Shmidta street, Simferopol. The grounds for the eviction is the writ of execution issued by the Central District Court of Simferopol on 15 September in case No. 2-1688 / 14 (Annex 3).

This court ruling was made following a suit of the prosecutor's office in the Crimea to protect interests of unspecified persons in relations with CO "The Crimea Foundation". In their lawsuit, the prosecutor's office in the Crimea confirms of violation of the Law of Ukraine On the Registration of Legal Entities and Individual Entrepreneurs, namely that the CO "The Crimea Foundation" is registered at the address of 40 Zhidkova St., while in fact it is located at 2 Shmidta St. The Prosecutor's Office insists that it is mean submission of false information. The Prosecutor's Office also refers to the Russian legislation in the field of registration of legal entities.

Moreover, the Prosecutor's Office considers it it a serious violation that one of the founders of the organization is Mustafa Dzhemilev, a Ukrainian citizen who was denied admittance to the territory of Russia.

The prosecutor's office believes it is against the law of the Russian Federation On Noncommercial Organizations and emphasizes that M. Dzhemilev is denied entry to the Crimea and Russia for the period of 5 years. The prosecutor's office believes that "Mustafa Dzemilev, being a founder of the CO "The Crimea Foundation", may have a destructive impact on the social processes, inciting the population of the Republic of Crimea to extremist activities..".

The prosecutor's office claims that the discrepancy of the legal and actual addresses of the organization with Mustafa Dzemilev being one of its founders, create "the causes and conditions for emergence of an actual threat to the public order and security of the society and the state". In the lawsuit, the prosecutor's office demands that CO "The Crimea Foundation" eliminated violations of the Russian legislation by excluding Mustafa Dzemilev from the founders. 4 On 15 September, the Crimean Prosecutor's Office asked the court to enforce the suit by prohibiting CO "The Crimea Foundation" from financial and economic activities and suspense of their property and bank accounts until the moment of exclusion of Mustafa Dzemilev from its founders.

4 For the analysis of the validity of this position of the prosecutor's office in the framework of the Russian legislation, see the report by CFM "The Crimean court rules on Dzemilev using non-existent legal provisions" http://crimeahr.org/ru/content/krymskiy-sud-vynes-reshenie-po-dzhemilevu-ispolzovavnesushchestvuyushchie-normy-prava

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The same day, the Central District Court of Simferopol (judge O. Andreeva) ruled to prohibit CO "The Crimea Foundation" using all of their property at the seven locations (including the building of the Majlis), seized their bank accounts, and prohibited them to open new accounts. On the basis of this ruling, the bailiff demanded vacating the Majlis building within one day.

On 18 September, the building on 2 Shmidta St. in Simferopol was sealed, and on 19 September, the Majlis of the Crimean Tatar people was forced to leave the building, along with the CO "The Crimea Foundation" and the newspaper co-located "Avdet".

On 29 September, the Central District Court of Simferopol considered a lawsuit from the Prosecutor's Office of the Crimea on compelling to eliminate violations of the provisions of the federal laws in the activities of the charitable organization "The Crimea Foundation". The ruling was passed in favor of the prosecution's claims, and the lawsuit was satisfied in full. With the court ruling, "The Crimea Foundation" is required to resolve breaches of the law "by excluding a foreign citizen" (Mustafa Dzemilev) from the co-founders.

On 25 September, the Economic Court of the Crimea upheld a lawsuit against the NGO "The Council of Teachers" to terminate the lease of the building in the city of Bahchisaray that hosted the district Majlis of the Crimean Tatar people. The press office of Bahchisaray City Council reported that the lawsuit was filed to court by the utility company "DEE RF of Bahchisaray City Council". After the court ruling's entry into force, bailiffs will evict the district Majlis.

The chairman of Bahchisaray destrict Majlis Ahtem Chiygoz said that neither the NGO "The Council of Teachers", no members of the district Majlis knew about the session held by the court. He says that he has not been introduced to the official court ruling and has not received any notifications. The chairperson of the NGO "The Council of Teachers" Dilara Seytvelieva also said that she did not receive notifications.

Moreover, the acting Chairman of the Crimea Sergey Aksyonov publicly stated that "from the legal standpoint ... such an organization (the Majlis) does not exist. "What kind of the Majlis? The organization was not registered properly. It does not exist". However, the Majlis of the Crimean Tatar people was established in 1991 and is the representative body of Crimean Tatars, it represents interests of Crimean Tatars in relations with states and international institutions. According to international standards of the freedom of association, a voluntary association of individuals can carry out their activities without registration and regardless of their having the status of a legal entity.

Thus, formalistic obstacles have been created for activities of the Majlis of the Crimean Tatar people and the NGO CO "The Crimea Foundation". These associations are deprived of the possibility to use their property and bank accounts, and to conduct their activities. These restrictions are a violation of the freedom of association, which applies to both association with the legal entity status, and associations of individuals acting without establishing a legal entity.

THE FREEDOM OF CONSCIENCE AND RELIGION In the Crimea, the freedom of conscience and religion continues to be curtailed. The greatest pressure is exerted on Muslims, Kyiv Patriarchate Orthodox church, and Greek Catholic church denominations.

Thus, lots of Ukrainian Greek Catholic Church (UGCC) priests have left the territory of the Crimea back in March and April, fearing persecution by the FSB and the "Crimean self-defense". Father Bohdan Kosteckiy decided to return to his parish in Evpatoria. After that, he repeatedly complained to other priests and friends the FSB has been following him tapping his communication. He had been summoned for interrogation by the FSB on a number of occasions. On 2 September, Bohdan Kosteckiy joined by a group of some 15 parishioners went to Yalta. No further contact could be established with him since. Eventually, Bohdan Kosteckiy informed priest Nikolay Gavrylyuk over the phone that they had been detained by unknown people and kept in a basement. Following this, a contact with him was lost again. He did not receive any explanations on the reason of his detention. On the morning of 3 September, the priest resumed contact and reported he had been liberated. The reasons for his arrest and imprisonment remained unknown.

Moreover, the clergy of the Catholic church shared with the CFM representatives that they encountered problems with visas. Most of these priests are foreigners. The Church cannot obtain long-term visas for

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them. Under the Russian migration legislation, they can perform their service while staying in the territory of the Crimea under 90 days, and then they have to re-enter the peninsular for another 90 days.

In this context, the situation with father Petr Rosohatskiy, Rector of the Roman Catholic parish in Simferopol and Dean of the Crimea in charge of all the churches and congregations on the peninsular is a highlight. 25th October 25 was set as a deadline of his authorized stay on the territory of the Crimea. On 3 September, he applied for visa extension and received as a response to “apply at a later date". On 4 September, Natalia Poklonskaya, the Prosecutor General of the Crimea, stated that audits would be conducted on of a residence permit denials for Roman Catholic priests in the Republic of the Crimea.

However, the query with the request to clarify the exact deadlines sent on 4 September to the acting Chairman of the Republic and the prosecutor of the Crimea so far remains unanswered. There is also no information about the findings of the Prosecutor's Office's audit. Enquiries into the subject for the Federal Migration Service in Moscow, are reverted to the Crimea. There is no certainty whether the situation will be resolved before 25 October.

The legal status of the parishes is also unclear, as the Roman Catholic Diocese capital is in Odessa. At a meeting with representatives of the denominations, the acting Chairman of the Republic S.Aksyonov promised that he would speak with the Ministry of Justice of the RF to introduce a simplified registration procedure, but in the end no changes for the religious organizations that many years have been working in the Crimea have been introduced – on the contrary, they have to prepare documents for a new registration.

FSB officers continue having "preventive talks” with priests of Kyiv Patriarchate to "prevent extremist activities". The Archbishop of Simferopol and Crimea Clement says that in the Crimea there is a continued pressure on priests of the Ukrainian Orthodox Church of Kyiv Patriarchate in order to force them to cooperate with the FSB. They are required to provide information about the actions and plans of Archbishop Clement and his parishioners. Because of this pressure, the priests have to leave the Crimea and, according to the Archbishop, out of 15 priests of the Ukrainian Orthodox Church of Kyiv Patriarchate in the Crimea only 9 are still there.

On 17 September, Patriarch Filaret at a meeting with the Ambassador of the World Evangelical Alliance Brian Stiller highlighted the problem of persecution of Christian believers both in the Donbass and in the Crimea.

In September, a number of searches were held in mosques under the pretext of investigative activities of the prosecutors' office in order to identify "drugs, weapons, or extremist materials". On 17 September, according to witnesses and journalists, a search was held in the Borchokrak Jamis mosque in Simferopol. The prosecutor's office officials referred to holding investigative activities. On 2 September, Deputy Chairman of the Spiritual Administration of Muslims of the Crimea Aider Ismailov said that several dozen armed men for seven hours searched the "Derekoy" mosque in Yalta. After the search, they seized several books that, according to A. Ismailov, "nobody had seen in the mosque prior to that". FSB officers, he said, summoned for interrogation a teacher from Turkey who worked at the mosque. In the both cases, law enforcement officers and the FSB could not clearly justify their actions. For searches, they also involve unidentified armed men, possibly from the "Crimean self-defense".

Moreover, Crimean Tatars fear that the places of worship will be taken away from the Spiritual Administration of Muslims of the Crimea (SAMC). Thus, the newly established Tauride Muftiat (a muftiat alternative to the SAMC) has taken control of the Juma-Jami mosque in Evpatoria. In the Spiritual Administration of Muslims of the Crimea, they are outraged by the actions of the Imam of the mosque, who initiated exclusion of a group of Muslims from the local organization. Imam Elmar Abdulganiev said that the members of the community had been expelled because of their advanced age, since they are already incapacitated. Instead of them, he said, the community had been joined by young, progressive, and educated individuals. The Imam confirmed that after the update the religious community refused to be subordinated to the Spiritual Administration of Muslims of the Crimea and decided to pass to the submission of Tauride Muftiat. SAMC believes that at the initiative of E. Abdulganiev an attempt was made to withdraw the local Muslim community and the Juma-Jami mosque from the canonical subordination of the Spiritual Administration of Muslims of the Crimea and to bring them into canonical subordination of some Tauride Muftiat. Moreover, the Deputy Mufti of Muslims of the Crimea Aider Ismailov is sure that the group of the Imam seized documents and stamps of the community, as well as illegally appropriated monetary funds of the community.

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THE FREEDOM OF MOVEMENT The greatest number of violations of the freedom of movement occur at the points of entry to the Crimea.

Russian border guards continue denying entry to the Crimea to some citizens of Ukraine, without a legitimate reason.

On 10 September, Ali Ozenbash the head of the Audit Commission of Quriltai was taken off the "Simferopol - Lviv" train at the Armyansk train station by Russian border guards and detained. The border guards had no grounds for the detention. In the course of the detention, Ali Ozenbash was subjected to physical coercion, resulting in arm injury. Three hours past his release, no protocol was drawn up.

On 15 September, member of the Majlis Nariman Dzhelyal together with the deputy head of the Majlis Ahtem Chiygoz traveled from the Crimea to Kyiv. At Armyansk checkpoint, they were stopped by Russian border guards, who took their documents, and after a long wait they were invited "for a talk" in a separate room. On his return from Kyiv on 17 September, Nariman Dzhelyal was in a car with Ali Ozenbash.

At Armyansk checkpoint, the Russian border guards seized their passports, making them wait for 40 minutes.

At this occasion, they were not summoned for questioning.

On 18 September, on the Simferopol-Dzhankoi highway, unknown people attacked Nadir Bekirov, the president of the Foundation for Research and Support of Indigenous Peoples of the Crimea. The taxi that drove Bakirov was blocked with a mini-bus near the village of Amurskoe. Unknown people wearing black masks ran out of it, as a result of the search of Bakirov's personal belongings, they confiscated his passport and cell a phone. Since the passport was a Ukrainian passport, re-issuing it in the territory of the Crimea is not possible, hence, most probably, Bakirov won't be allowed to go to Kherson region, where he would get a new document issued. On 21 September Gayana Yuksel, member of the Majlis of the Crimean Tatar people and the Director of the Information Agency QHA returning from a meeting with her husband in Kyiv, (who had been earlier denier entry to the Crimea, was not allowed into the territory of the peninsula.

Mr. Refat Chubarov, Head of the Majlis said that Gayana Yuksel was taken off the train, she was kept in a special room at the railway station for about 3 hours, after which they had a 20-minute conversation with her. After that, they returned her passport and released her.

There are problems about realization of free movement on the ferry crossing linking the port "Kerch" and the port "Caucasus". Crimean residents travelling from the Crimea to the RF through the port of "Caucasus" on vehicles with Ukrainian license plates are not allowed by Russian border guards to leave the port "Caucasus" if they present a Russian passport. They refer to the regulations of the Russian legislation, under which they can allow in a car with a Ukrainian license plate only on presentation of a passport of a citizen of Ukraine. However, if the driver presents a Russian passport obtained in the Crimea, the number plate of the car has to be Russian.

Russian border guards continue denying exit from the Crimea for children aged 14 to 16 referring to the Russian laws, according to which citizens of the Russian Federation and the so-called Russian citizens “by default� in the Crimea have to obtain a passport at the age of 14. According to Ukrainian laws, citizens may obtain a passport reaching the age of 16. Thus, children aged from 14 to 16 must first get a Russian passport to get out of the Crimea, which violates their right to choose their citizenship. With these actions, Russian border guards also gravely violate the freedom of movement of minors. According to information available to CFM, recently Russian border guards have agreed to allow in children only if one of the parents accompanying the child has a record on the child in his/her international passport. However, not all people in the Crimea have international passports.

Challenges remain for the citizens of Ukraine, who do not have the opportunity to update a photo in their passport when they reach an age of 25 and 45 in the Crimea. Such citizens are refused entrance at checkpoints from the Crimea by Russian border guards.

From the side of the Ukrainian border guard service, Berdyansk border guard detachment, there are continued illegal actions against the citizens of Ukraine whose registered residence address is in the Crimea.

Most often, men aged 18 to 45 years old are without explanations taken off trains and sent back to the Crimea. Border guard officials refer to the legislation of Ukraine, but Art. 10 of the Law of Ukraine On Safeguarding the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine stipulates the right to freely cross border crossings from or to the Crimea if the citizen has a Ukrainian passport on him/her. Men who were taken off the train did not carry any prohibited items,

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materials that call for violence or violation of the integrity of Ukraine, or forged documents. But despite that border guards demanded a written confirmation with a seal of the purpose of their trip to the mainland of Ukraine, which is contrary to the laws of Ukraine. Moreover, there are recorded cases where they extorted a bribe from the citizens of Ukraine who had on them a Russian passport issued in the Crimea on the pretext of barring their entry to the mainland Ukraine to allow them in.

The situation of the entry/exit into/from the Crimea from a Ukrainian side has become even more complicated with the Law of Ukraine On the Establishment of a Free Economic Area "The Crimea" and the Specifics of the Economic Activities in the Temporarily Occupied Territory of Ukraine", which entered into force on 27 September. The law establishes not only border control at the checkpoints, but also customs control. The additional control, now on the part of Ukraine, has increased the waiting lines at the border with the Crimea. These provisions primarily affected commercial cargo transport, thus drivers of these vehicles have to spend up to two days in lines without adequate sanitation or proper nutrition.

THE RIGHT TO A FAIR TRIAL AND EFFECTIVE REMEDY The situation with realization of the right to a fair trial, as before, is a major concern. In this regard, the CFM draws attention to three important aspects related to the implementation of justice in the cases of the Crimean filmmaker Oleh Sentsov et al., the son of the leader of the Crimean Tatar people M.Dzhemilev Hayser Dzhemilev, as well as the court cases on the facts of the events on 3 May. In the case of Sentsov-Kolchenko, new court rulings have been issued, and the citizens of Ukraine are still not given the opportunity to communicate with the Ukrainian Consul. Thus, on 26 September, Alexander Kolchenko was accused by the FSB of belonging to the subversive and terrorist group "The Right Sector" and an arson of the offices of the NGO The Russian Community in the Crimea and the political party "United Russia". Margarita Kotova, judge of Lefortovo District Court of Moscow, despite objections of the defense counsel of the accused Svetlana Sidorkina, extended the custody term in Lefortovo jail until 16 January 2015.

The FSB investigator insisted on the extension of detention, and it was supported by prosecutor Zdorenko.

The investigator grounded his request by arguing that it would not be possible to complete the investigation before 16 October, when Kolchenko's previously set detention term would have expired, since the term of the investigation was prolonged until 28 January.

Later, on 29 September, the same judge also extended the custody term in Lefortovo for Oleh Sentsov the Ukrainian film director until 11 January 2015. FSB investigator Artem Burdin insisted on the extension of the detention, and prosecutor Zdorenko supported the petition. The investigator provided similar justification as in the case of Kolchenko, and added that Oleg Sentsov tried to escape because he did not reside at the place of registration and was "exposed by other members of the terrorist community". Oleg Sentsov’s counsel Dmitry Dinze stated that such claims were unfounded, and the investigation was biased.

On 28 September, Hayser Dzhemilev, the son of the leader of the Crimean Tatar people, Member of the Verkhovna Rada Mustafa Dzhemilev, was taken from the Crimean pre-trial detention facility to Krasnodar region. Mr. Dzemilev stated that defense counsels were not allowed to visit his son, that he was denied legal protection, and that they would appoint a lawyer for him. According to the European Court of Human Rights ruling, Hayser Dzemilev had to be immediately released from custody. Imprisonment of Hayser Dzemilev is a flagrant violation of the right to freedom.

CFM conducted an analysis of the administrative protocols drawn up based on the facts of the mass events on 3 May in Armyansk, where rallies of Crimean Tatars, who were trying to insist on that they allowed entry into the territory of the peninsula of their leader Mustafa Dzemilev, were held. Orders have been rendered in six cases of the mass events, which led, according to law enforcement officials, to interference with the movement of vehicles (Bahchisaray district, Sudak district, Belogorsk, and Simferopol).

On three of the facts (mass simultaneous stay of people on an automobile road), citizens were brought to administrative liability under Part 1, Article 20.2.2 of the Code of Administrative Procedures of the RF (organization of mass simultaneous stay and (or) movement of people in public places that is not a public event, public calls for mass simultaneous stay and (or) movement of citizens in public places, or participation in mass simultaneous stay and (or) movement of citizens in public places, if the mass simultaneous stay and (or) movement of citizens in public places caused violation of the public order or public sanitation standards

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and regulations, disruption of the functioning and security of vital infrastructure or communication objects, or damaged greenery, or interfered with movement of pedestrians or vehicles, or citizens' access to residential premises or transport facilities and the social infrastructure).

In at least three of the cases, sanctions were assigned under Part 1, Article 20.2.2 in the form of an administrative fine in the amount of 10 thousand rubles.

Upon the fact of blocking the traffic on the 619th km of the highway Kharkiv - Simferopol - Alushta - Yalta, citizens were prosecuted under Part 5, Article 20.2 of the Code of Administrative Procedures of the RF (violation by a participant of a public event of the established procedures of a meeting, rally, demonstration, procession, or picket), as well as under Part 3, Art. 20.2 of the Code of Administrative Procedures of the RF (actions (inaction) that caused obstruction for passage of pedestrians or vehicles or exceeding of the standard limits of occupancy of a territory). The sanctions set with court rulings were not minimal ones, in most cases they were 15 thousand rubbles under Part 5, Article 20.2, and under Part 3, Article 20.2 of the Code of Administrative Procedures of the RF - administrative fines in the amount of 30 thousand and 40 thousand rubbles.

For one of the facts of blocking of traffic, citizens were prosecuted under Part 1, Art. 20.2.2 of the Code of Administrative Procedures of the RF and sentenced to administrative fines in the amount of 10 thousand rubbles, as well as under Art. 10.18 of the Code of Administrative Procedures of the RF and sentenced to the administrative fine of 50 thousand rubbles. For another fact of blocking traffic, the administrative fine under Part 1, Art. 20.2.2 of the Code of Administrative Procedures of the RF was 15 thousand rubles.

The prosecution stated as evidence of guilt testimonies of the same witnesses, as well as the same officials, who may be biased parties. In this case, one doubts a person's ability to remember and unambiguously identify a few dozen individuals, which may indicate a bias in the testimony of witnesses. Moreover, in cases where persons brought to liability did not plead guilty or denied their presence in the scene of the offense, the orders were passed without any exploration into the additional materials.

One of the most questionable issues is the ruling of 14 May 2014 on case â„–5-276/2014 in respect of citizen A issued by the judge of the Kievsky District Court of Simferopol Mozhelyanskiy V., despite the fact that the citizen did not plea guilty and explained that she had not been present at the place of the offense, and in the next paragraph it is stated that in addition to the citizen's recognition of her guilt, her guilt is also confirmed with other circumstances (Annex 4).

The sanctions for violations during the public events are among the most severe ones in the Code of Administrative Procedures of the RF, implying that it is such actions that the state considers as the most socially hazardous ones. Such regulation may be regarded as interference with the right to freedom of assembly. When imposing the fines, the courts did not take into account individual circumstances of each case, in particular the financial situation of those found guilty (for many citizens of the Crimea, a fine of RUR 10,000 is proportionate to their monthly income, or even exceeds it). Moreover, the court did not consider the fact that residents of the Crimea had not previously face such severe restrictions on the freedom of assembly, thus they proceeded from other legal consequences of their actions.

This way of application of laws by the courts is contrary to the positions of the Constitutional Court of the Russian Federation5, which emphasizes that it is at application of these articles that citizens are forced to bear financial losses often surpassing the level of their average monthly wage, and establishes that courts, while taking these circumstances into account, may impose penalties lower than the lower limit set in the respective provisions. In this situation, the courts did not do that, which reinforced the perception of actions of the law enforcement agencies as manifestly repressive.

5 Resolution of 14 February 2013 No. 4-P "On the Case of Investigation into Constitutionality of the Federal Law On Amendments in the Code of Administrative Offenses and the Federal Law On Meetings, Rallies, Demonstrations, Marches, and Pickets in Connection with the Query of the Group of Members of the State Duma and the Complaint by E. Savenko"

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ISSUES RELATED TO CITIZENSHIP Those Ukrainian citizens who have not filed an application for rejection of Russian citizenship and who do not wish to receive Russian citizenship still remain the most vulnerable group in the context of the citizenship issues. Many of them have repeatedly appealed to the Federal Migration Service of Russia to seek clarification on how they should act in order to keep only their Ukrainian citizenship and to permanently reside in the Crimea. The FMS responds in the following ways: those who did not submit applications automatically become citizens of the Russian Federation without their consent. Such citizens cannot obtain a residence permit, since they are denied it because of their "Russian citizenship by default". These citizens of Ukraine continue applying to the bodies of the FMS for residence in the Crimea as foreigners. Or they will be forced to undergo the procedure of renunciation of their citizenship under the legislation of the Russian Federation. The simplified procedures for obtaining residency only applies to those citizens who have applied before 18 April for preservation of their Ukrainian citizenship. Although such applications were supposed to be taken starting from 18 March through 18 April, in practice they were received from 1 April through 17 April 2014.

Since the RF has introduced a quota 6for the Crimea and Sevastopol on obtaining a temporary residence permit for foreigners in the amount of 5,400 people, this has raised concerns on the part of the citizens of Ukraine who permanently reside in the Crimea about that starting from 2015 they may be expelled from the territory of the peninsula7.

As a result, the FMS had to issue explanations8. The Office of the Federal Migration Service of Russia in the Crimea stated that 5,000 people was the quota for 2014 for the foreign nationals who wish to have a temporary residence permit in the Crimea. According to this statement of 23 September, "in addition to this quota, there are several categories of foreign citizens who have the right to obtain a temporary residence permit in the RF without a quota. They are the citizens who have a spouse being a citizen of the Russian Federation, or who have incapacitated or disabled parents being Russian citizens, or people who were born in the territory of the Russian SFUR, etc. The quota above does not include the 3,500 Ukrainian citizens living in the Crimea who have retained only their Ukrainian citizenship, as this category of citizens is immediately granted a residence permit under the simplified procedures".

However, how these rules will be applied in practice is still unclear. The CFM keeps receiving complaints against the FMS staff about that they create various obstructions for obtaining a residence permit, for example, they request the documents that are not issued in accordance with the legislation of Ukraine.

Moreover, this quota may be revised by the Government of the Russian Federation.

For the foreigners who resided in the Crimea with Ukrainian residence permits, according to statements by the FMS, a special procedure for replacing their Ukrainian residence permits with the Russian one has been developed. However, it is important to note that the immigration legislation of the Russian Federation does not provide for such a document as a permit for permanent residency without an expiration date. In this regard, foreign citizens with a Ukrainian certificate of permanent residence, in fact, will have, before January 1, 2015, to apply to the Office of the Federal Migration Service of Russia in the Crimea and Sevastopol to obtain a permit for residence in the Russian Federation.

A separate category covers those individuals who were domiciled in the Crimea, but were registered on the mainland of Ukraine. In order to obtain a residence permit or Russian citizenship, these individuals must go through the court to prove their permanent residence in the Crimea. Court procedures involve financial costs.

6

http://www.pravo.gov.ru/laws/acts/58/49515251451088.html

7 This situation is covered in the report of the CFM "Inly 5,000 non-Russians will be able to legally reside in the Crimea" http://crimeahr.org/ru/content/v-krymu-smogut-prozhivat-legalno-tolko-5-tysyachnerossiyan.

8

See http://www.c-inform.info/news/id/12604

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Also, each court requests different proofs of permanent residence. For example, in the Nakhimov district court of Sevastopol, information about the legal source of income for the period of residence in the Crimea or confirmation of an official employment is required. For example, parents who moved to the Crimea to stay with their adult children and are provided care to, are not able to provide such information.

It should be noted that there are numerous cases when courts refuse to establish such facts despite of the documents confirming the fact of residing in the Crime. Moreover, such court rulings may not ensure issuance passports of the Russian Federation. Those citizens of Ukraine who were not registered in the territory of the Crimea but actually resided there permanently and who could not get a positive court ruling, if appealed to the bodies of the Federal Migration Service for a permit for temporary residence, might fall under the quota set with Resolution of the Government of the Russian Federation No. 1343-r (except in the situations regulated by the current legislation of the Russian Federation).

Moreover, residents of the Crimea (including Sevastopol) reported that those who have not received a Russian passport are forced to fill in a migration card. They have been warned that if as on 1 January 2015 (the expiration date of the "transition period") they do not get a Russian passport or do not receive a residence permit, they will be obliged to leave the Crimea, which is their permanent residence.

There is still the unresolved problem of the Crimean Tatars who arrived in the Crimea from the places of their deportation in February and March 2014 but did not manage to register their residence in the Crimea. For this reason, they are denied Russian passports or a residence permit. Moreover, due to their recent arrival in February and March 2014, confirmation of their residence in the Crimea through courts also becomes impossible, since the courts only confirm facts of long-term residence in the Crimea, which is a basis for registration of citizenship or a residence permit.

The process of issuance of passports for Crimean resident by the FMS staff still remains controversial and non-transparent. Thus, on 4 September, the FMS stated that "the citizens whose passports are listed as issued at the FMS but who for whatever reason are not present at the place where they filed their applications or at the applicant’s residence, and who have already filed an application to the FMS for finding an "undistributed" passport at all ofices in the Crimea, can submit a set of documents for re-issuance of their passports at the address: 18a Gagarina St., Simferopol, or to district offices of the FMS at the place of residence"9. Thus, one person may have two registered Russian passport. Moreover, the FMS earlier said that Russian passports in the Crimea had been received by 98% of Crimean residents, however, on the eve of 14 September (so-called local elections), FMS bodies were working overtime to issue Russian passports, which suggests that not all Crimean residents had received Russian passports.

THE ELECTORAL PROCESS On 14 September, local elections took place in the Crimea within the single day of voting in the Russian Federation. Crimean residents could participate in the vote upon presentation of their Russian or Ukrainian passports. CFM did not participate in the monitoring of the electoral process.

On the eve of 14 September, the CFM received complaints from the Crimean Tatars who lived in Crimean Tatar villages, students, and public sector employees about that local activists or activists of Russian parties threatening them with pressing criminal charges on extremist activities if they chose not to vote at 14 September elections.

The Majlis of the Crimean Tatar people urged Crimean Tatars to boycott the elections.

9

http://minfo.rk.gov.ru/rus/index.htm/news/285787.htm

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2.2. SOCIAL AND ECONOMIC RIGHTS THE PROPERTY RIGHT AND PROPERTY RELATIONS THE STATE PROPERTY OF UKRAINE On 3 September, the Chairman of Crimea Sergey Aksyonov passed a decree establishing "a state executive authority of the Republic of Crimea to perform the functions in the field of privatization and owner titling, including the shareholder's rights, in the domain of property management in the Republic of the Crimea" the Ministry of Property and Land Relations of the Republic of the Crimea (Decree No. 242-U of 03.09.201410).

Now, this body continues to "nationalize" the Ukrainian state property by seizure of property of Ukraine without the consent of Ukrainian authorities or compensation for the damages.

On 3 September, "Chairman of the State Council of the Republic of the Crimea Vladimir Konstantinov issued the decree that set another "list of property that is accounted for as property of the Republic of the Crimea"11. The list includes 111 objects of property rights in the Crimea, including markets, non-residential premises, and gas stations.

Moreover, on 3 September, Mr. Konstantinov passed a decree to nationalize by seizure12 as property of the Republic of the Crimea such homeownership as hostels located in the territory of the municipality of the city district Evpatoria, except for residential and non-residential premises belonging to individuals under private property rights.

On 9 September, Evpatoria city council decided at its session to transfer to the state ownership of the Crimea property of municipal health services and social services of Evpatoria.

On 11 September, S. Aksyonov signed decree No. 920-r13 that "passed in gratuitous use to the penitentiary and enforcement system of the Crimea property" belonging to the Office of the State Penitentiary Service of Ukraine in the Autonomous Republic of Crimea and Sevastopol.

PRIVATE AND COLLECTIVE PROPERTY Another threat to the property rights was implementation of the Law of the Republic of the Crimea On Specific Features of Buy-out of Property in the Republic of the Crimea". Thus, the resolution of the14 Council of Ministers of the Crimea of 2 September stipulated buying out of seven transformer substations located in the territory of gardening associations of Kamensky borough, Kievsky district, Simferopol, subject to prior and fair compensation for the value of the property. The calculation method for fair property compensation remains unclear.

On 2 September, it was decided15 to buy out property of CJSC "Yalta Film Company", provided prior and fair compensation for the property value. Moreover, the Crimean authorities decided - for the period up to the completion of the buy out of property - to apply the procedure for appointing the provisional administration to manage CJSC "Yalta Film Company".

10 http://rk.gov.ru/rus/file/pub/pub_233223.pdf 11 http://www-ki.rada.crimea.ua/index.php/2014-04-03-07-29-46/16035-2014-09-05-05-12-57 12 http://www-ki.rada.crimea.ua/index.php/2014-04-03-07-29-46/16033-2014-09-05-05-09-05 13 http://rk.gov.ru/rus/file/pub/pub_233440.pdf 14 http://rk.gov.ru/rus/file/pub/pub_233216.pdf 15 http://rk.gov.ru/rus/file/pub/pub_233240.pdf

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However, CJSC "Yalta Film Company" filed a lawsuit on 25 September to the Economic Court of the Crimea "to recognize the illegitimate acts null and void". The defendant is the Council of Ministers of the Crimea, which made the decision to buy out the film company. The owner of the company is going to challenge the decision of the local government No.316 of 2 September 2014 "On redemption of property for the needs of the Republic of the Crimea". The buy out must be held before 1 November 2014, as specified in the decree, but the owner disagrees with this decision.

On 3 September, the "Crimean self-defense" seized the main building of the Crimean Republican Union of Consumer Societies (Krympotrebsoyuz) on 30 Samokish St., in Simferopol. The building was rented out by several companies. For some time, the tenats were taken hostage, as representatives of the "Crimean self-defense" forbade them to leave. Members of the "Crimean self-defense" were dressed in black uniforms, they refused to let anyone from outside, and explained their actions by saying that they expected for a certain commission to arrive. The employees called the police, but the police officers who arrived to the scene refused to take any action. The police explained their inaction with the fact that on that day the Crimean government nationalized 28 markets of "Krympotrebsoyuz".

On 10 September, armed representatives of the "Crimean self-defense" seized the building of the largest motor transport company "Krymavtotrans", which provides long-distance transportation services in the Crimea. The decision on the compulsory redemption of the property had not been published prior to that, and it had not been considered at a public meeting either.

On 18 September, the "Foros" resort was seized, which belonged to Privat Group (owned by the Ukrainian businessman Igor Kolomoysky) and Aerosvit Resort Ltd. Seizure of the property was performed by the "Ministry of Property and Land Relations of the Republic of the Crimea" together with representatives of the state institutions of the Republic of the Crimea "Crimean Republican Headquarters of People's Militia - the National Militia of the Republic of the Crimea", the majority of whom are representatives of the "Crimean self-defense". Crimean authorities referred to these actions as "inventory of cash funds, which resulted in sealing of the offices and confiscation of accounting and other documents for an audit". The owner of the resort, I. Kolomoysky said that he intended to appeal to the Hague Tribunal for monetary compensation for the lost property in the Crimea.

On 25 September, unidentified persons seized the premises and telecommunication equipment of the operator PJSC "Ukrtelecom" in Sevastopol. According to the staff, the third party replaced the guards and restricted access to the equipment and workplaces in the premises by the specialist. The Director of Sevastopol branch of PJSC "Ukrtelecom" was handed in an official motion by the local municipal authorities ordering his dismissal. PJSC "Ukrtelecom" considers these actions as seizure of private property by municipal authorities and interested parties. Prior to that, "Ukrtelecom" suspended provision of long-distance and international telephone services, Internet access, data transmission to all subscribers in the territory of Sevastopol, both individuals and legal entities, but it continued to provide local telephone communication services and emergency call services in Sevastopol.

IT is of particular concern that almost in all the cases described, the infringement of property rights was also accompanied by representatives of the armed "Crimean self-defense", whose actions can be qualified as raider seizure of property objects.

REGISTRATION OF RIGHTS On 3 September, Sergey Aksyonov passed a decree to set up the Ministry of Property and Land Relations of the Republic of the Crimea, and the State Committee for State Registration and Cadastre of the Republic of the Crimea was authorized to make entries into the Unified State Registry of the Rights to Immovable Property and Transactions Therewith and issue certificates of state title registration. Hence, the operation of the registry of real estate rights and property rights registration was launched.

On the territory of the Crimea, civil acts registration bodies of the Ministry of Justice started operating, whose activities to exercise the powers delegated by the state for state registration of acts of civil status are regulated under the legislation of the Russian Federation. However, this led to the following problem. These bodies started issuing various documents (birth certificates, death certificates, marriage and divorce

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certificates, etc.), while these documents are not recognized either by Ukraine, or the other countries that do not recognize the annexation of the Crimea.

THE BANKING SYSTEM Access to banking services for Crimean residents is limited, problems occur most often when they receive remittances into the Crimea from Russian and foreign banks. For example, in Moscow Sberbank of Russia refuses to accept funds to be transferred to one of the Crimean branches of the RNCB. Banks employees explain this as a result of sanctions imposed both by Russia, and by the countries that have not recognized the annexation. The hardest thing for Crimea residents is receiving transfers in dollars and euros.

FREEDOM OF ENTREPRENEURSHIP A number of entrepreneurs (in the fields of catering, sales of food products) had to suspend their activities due to rising prices. They associate the rise in prices on lots of goods with the high corruption level at the border crossing points of the Crimea.

The entrepreneurs who have not re-registered under the Russian laws and who do not exercise commercial activities have to submit tax returns indicating zero income.

Since 27 September, the Law of Ukraine On the Establishment of the Free Economic Area "The Crimea" and the Specifics of the Economic Activity in the Temporarily Occupied Territory of Ukraine" came into force. The Crimean entrepreneurs who have their tax registration in the Crimea are declared non-residents of Ukraine.

To continue their activities, they need to either re-register as entrepreneurs on the mainland Ukraine, or to become non-residents. Those entrepreneurs who will stay in the Crimea will be exempt from taxes in Ukraine. But Crimean authorities will not allow continuation of operations in the Crimea for those entrepreneurs who would not re-register under Russian laws.

LABOR RIGHTS Enterprises and institutions are being re-registered in accordance with the Russian legislation. After this, all employees are laid off because of elimination of the "Ukrainian" enterprise, and then they are recruited again, now by the "Russian" company. At the same time, to get re-employment at a company legalized under Russian laws, the companies request that employees have Russian passports.

Employees of the state-owned enterprise of Ukraine "Sevastopol Sea Commercial Port" are being fired under the pretext of liquidation without any indemnity. Moreover, sea port employees have been advised that, the August wages will most probably not be paid since the company did not conduct any business activities.

THE RIGHT TO EDUCATION The Ministry of Education, Science and Youth of the Crimea has instructed administrations of educational institutions, to analyze and audit in libraries and premises of educational institutions for any literature appearing in the Federal list of extremist materials for the purpose of its removal and elimination. Searches in schools are underway and various literature, primarily Islamic one is seized.

Thus, on 9 September, in the Crimean boarding school for gifted children located in the village of Tankove of Bahchisaray district, a search was conducted by two men dressed in civilian clothes. According to the school employees the search revealed three books listed as banned Islamic literature. A respective protocol was was drafted. However, the employees insisted that the seized books had been planted, as previously they were not listed in the school's library. Parents of the students are concerned and reported that their children were forced to take off accessories and decoration with Crimean Tatar national symbols.

When communicating with journalists, the headmaster of the educational facility, Memet Kangiev, denies the fact of the search.

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Later, searches were held at other Muslim educational facilities as well (for details, see the section "Searches").

2.3. THE SITUATION OF VULNERABLE GROUPS. XENOPHOBIA The situation of vulnerable groups in the Crimea is aggravated, among other things, due to the lack of international monitoring missions and international organizations (OSCE, UN, Council of Europe) on the peninsula. The UN Assistant-Secretary General for Human Rights Ivan Simonovic said that UN human rights experts were not able to monitor the situation in the territory of the Crimea, as access to it was prohibited for them by local authorities.

UKRAINIANS Among Ukrainians, the most vulnerable group includes the citizens of Ukraine who seek to retain Ukrainian citizenship. They are intimidated with dismissal from work, expulsion from schools and higher education institutions.

Most of Ukrainian schools and classes have been closed down, depriving Ukrainians of the opportunity to get their education in their native language.

CFM discovered that in a number of schools headmasters refuse to accept applications from parents on admittance to classes with the Ukrainian language of instruction. Teaching of Ukrainian in most of schools has been transferred from the category of compulsory subjects to electives. The number of classes with Ukrainian language of instruction at the Ukrainian gymnasium in Simferopol has been reduced to one class in each parallel, the total number of students enrolled in the Ukrainian language classes is about 160 individuals, representing approximately 15% of the total number of students at the school. To keep their jobs, teachers of the Ukrainian language and literature have to undergo a course of retraining to become teachers of the Russian language and literature.

After termination of the Ukrainian Language Department at the Tauride Federal University (the former Tauride National University), three chairs (the culture of the Ukrainian language, Ukrainian linguistics, the theory and history of the Ukrainian literature) were merged and included into the Department of Slavic Philology and Journalism chaired by the Dean Galina Bogdanovich. The number of vacancies to study the Ukrainian language and literature reached only 30.

In the Crimea, there is virtually no Ukrainian press or the opportunity to receive administrative services in the Ukrainian language.

Ukrainian activists are summoned for questioning by the FSB to conduct "prophylactic talks on prevention of extremist activities".

CRIMEAN TATARS The most serious violations of human rights, discrimination, and harassment are being committed against Crimean Tatars. Proof of this is the chronicle of human rights violations against members of the Crimean Tatar people in September prepared by the CFM. 3 September - search with involvement of the "Crimean self-defense" in the house of the family of Isayev, the head of a village Majlis.

4 September - search in the house of the chairman of Nizhnegorsky regional Majlis Mustafa Salman in the village of Razlivy of Nizhnegorsky district. After the search, he was taken to the district police department for interrogation along with his two sons.

4 September - search within the criminal case of "3 May" in the family of Ruslan Paralamov in the village of Dvurechye, Nizhnegorsky district, as a result religious literature, periodicals, and other paraphernalia was confiscated; 4 September - search in the family of Hasan and Susanna Ablaev in Nizhnegorsky district;

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4 September - search in the family of Musa Chahalov in the village of Prudovoe of Simferopol district, resulting in seizure of the book "The Fortress of the Muslim"; 4 September - search of the house of member of the regional Majlis of Nizhnegorsky district Dilyaver Hayreddinov; 6 September - search of the house of businessman Mustafa Osmanov in the village of Mezhvodnoe of Chernomorsky district; 8 September - search is the house of Isa Nurlaev, the head of the Majlis in the village of Pochetnoe of Krasnoperekopsky district; 9 September - search in the boarding school for gifted children in the village of Tankovoe, Bahchisaray district, to look for banned extremist literature; 10 September - searches in the homes of Ekrem and Nariman Ametov from the village of Kamenka, Leninsky district; On 10 September, Ali Ozenbash, an activist of the national movement of Crimean Tatars was taken off the train illegally and by force at Armyansk station by the Russian border guards; On 15 September, unidentified persons tore off the Ukrainian flag from the building of the Majlis in Simferopol; 16 September - search in the house of Eskender Bariev, member of the Majlis; 16 September - search of the house of Mustafa Asaba, chairman of Belogorsky regional Majlis; September 16 - blocking of the building of the Majlis of the Crimean Tatar people in Simferopol and searches there; 17 September - searches in the homes of four Crimean Tatar families in the village of Kolchugino; 17 September - search in the Simferopol mosque "Borchokrak Jamis"; 18 September - attack on the Crimean Tatar activist Nadir Bekirov; 21 September - Russian border guards illegally took off the train Gayana Yuksel, member of the Majlis of the Crimean Tatar people, the manager of the news agency QHA; 22 September - search in Yalta mosque "Derekoy"; 23 September - the FSB summoned a teacher of Yalta mosque "Derekoy", a citizen of Turkey, for questioning; 25 September - the Economic Court of the Crimea decided on terminating the lease agreement with NGO "The Council of Teachers", which also hosted Bahchisaray branch of the Majlis; 27 September - kidnapping of Islyam Dzhepparov and Dzhevdet Islyamova near Belogorsk; 29 September - recording of the fact of disappearance of Edem Assanov; The violations chronicle confirms that most of the violations are politically motivated.

Since most of these actions were directed against Crimean Tatar activists or members of the Majlis of the Crimean Tatar people, it suggests that these were politically motivated actions. The greatest threat is vested in such grave violations like abductions, imprisonment, as well as searches by the FSB and Police with involvement of the armed "Crimean self-defense".

Moreover, there are further facts of discrimination of cultural rights. Thus, in Simferopol the Department of the Crimean Tatar literature was cut down by merging it with the Department of the Crimean Tatar language. The reason for this as quoted by the administration was the fact that a large number of students of the Crimean Tatar philology department had moved away to study at other universities in Ukraine.

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INTERNALLY DISPLACED PERSONS AND REFUGEES According to the data available to CFM, currently, the flow of refugees to the territory of the peninsula has subsided; some of them have settled in the Crimea, others went to the Russian Federation. We are aware of only one case of granting the refugee status (a man who, as it turned out, needed an emergency heart surgery), despite the fact that it was promised to many people.

Volunteers assisting refugees complain of poor funding of the host refuge, lack of basic things. According to some reports, people were not allowed to leave the territory of a tent camp in Mazanka set up by the Ministry of Emergencies. At the same time, the volunteers who wanted to assist the refugees did not encounter problems accessing the territory. According to the estimates, there were about 1,500 people in the camp. The cleaning capacity would occasionally fail leading to a number of dysentery outbreaks. At the same time, the sanitary epidemiological service visited the camp twice a day, and a medical center kept its operations. Catering was organized in three shifts. Currently, according to volunteers, the camp is not functioning.

On 12 September, the Government of the Russian Federation passed the resolution "On some measures to organize stay in the territory of the Russian Federation of Ukrainian citizens and stateless persons permanently residing in the territory of Ukraine arriving to the territory of the Russian Federation in an emergency and en masse"16.

The resolution intends massive issue of migration cards for the Ukrainian citizens who arrive to the Crimea.

Crimean authorities should guide the citizens of Ukraine who arrive in the Crimea from the east of Ukraine to move on to other administrative units of the Russian Federation. According to the resolution, moving of Ukrainian citizens to the regions of the Russian Federation should be voluntary, however, they are complaining that they are moved without their consent, and they require that they fill out forms for the refugee status in Russia. Volunteers also confirm that distribution of the refugees in the territory of Russia took place without taking into account their wishes, mostly people were distributed to the northern regions of the country. A separate issue is the situation of persons with disabilities, whose special needs are not taken into account.

III. PROBLEMS OF THE CRIMEAN RESIDENTS WHO HAD TO LEAVE THE PENINSULA AND MOVE TO THE MAINLAND OF UKRAINE (INTERNALLY DISPLACED PERSONS) THE OVERALL SITUATION On 3 September, the Committee on Human Rights, National Minorities and International Relations of the Verkhovna Rada of Ukraine supported draft Law No. 4490a-1 "On Safeguarding the Rights and Freedoms of Internally Displaced Persons"17. Law drafting, engaged human rights organizations and the organizations that provided assistance for internally displaced persons (including organizations that are part of the CFM).

The draft law intends to simplify the procedures of provisional registration of internally displaced persons, reduce the deadlines for consideration of applications for registration and re-registration (down to one day); keep up social payments for internally displaced persons, provide them with social and medical services; develop special comprehensive governmental programs, set up and maintain a unified registry and database of internally displaced persons; provide IDPs with information on options for settlement and employment opportunities; the state’s ensuring of a system of guarantees of social security and pensions; finance costs associated with temporary settlement of internally displaced families at state-owned and municipal institutions; the possibility of fast attraction resources from international organizations, international technical 16 http://government.ru/media/files/cPAS30a5Q0E.pdf 17 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=52046

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assistance to equip long-term placement facilities for internally displaced persons and the principles for development of an appropriate housing-related infrastructure for them.

Since 27 September, the Law of Ukraine On the Establishment of the Free Economic Area "The Crimea" and the Specifics of the Economic Activity in the Temporarily Occupied Territory of Ukraine came in force18. This law was heavily criticized19 by human rights and civil society organizations that are engaged in protection of the rights of internally displaced persons and persons in the territory of the Crimea.

The Law is contrary to international standards of human rights, the Constitution, and other laws of Ukraine, it contains discriminatory provisions in relation to the residents of the Crimea who are citizens of Ukraine. The Ukrainian citizens who did not replace their registration in the Crimea with registration of residence on the mainland Ukraine are recognized as non-residents of Ukraine, which makes it much harder for them to obtain financial, administrative, and registration services in Ukraine.

Particular criticism was caused by Art. 14 of the Law, "The evacuation of citizens from the temporarily occupied territory of Ukraine". The article does not contain a clear definition of "internally displaced persons", but stipulates that such a person can count on state support only if: - he/she is subject to deportation (if the person sent away, summoned by force) outside of the temporarily occupied territory of Ukraine; - the person cannot return to his/her place of residence or temporary residence due to resolutions of the relevant authorities of the occupier state.

Thus, the majority of the Ukrainian citizens who had to leave the Crimea because of persecution by the FSB, by the local authorities, or the "Crimean self-defense" do not fall within the scope of this article, which means that they have no state support. Moreover, the article establishes recognition of documents issued in the Crimea (for example, the decision to ban entry into the territory of the Crimea).

SOCIAL AND ECONOMIC RIGHTS THE RIGHT TO EDUCATION The Cabinet of Ministers of Ukraine approved reallocation of costs for payment of scholarships to the students who were transferred to Kyiv National Shevchenko University from universities of the Crimea. The University has reported that 120 students have already been transferred there from higher education institutions of the Crimea and Sevastopol for public contract vacancies.

However, students from other universities (e.g., Odessa) report that despite the fact that they are already attending classes at the new universities, they still have not received an order on enrolling the students.

ACCESS TO HOUSING The problem of housing is still not resolved in full. Moreover, the situation is exacerbated by the fact that there comes the cold season, while lots of places of compact settlement are not equipped for heating in winter.

Some of the internally displaced persons, due to the lack of adequate housing and concerns about their private property in the abandoned cities, have to return to the areas where the fighting continues or where their houses in liberated cities have not yet been fully restored.

REGISTRATION Since the law on internally displaced persons has not been adopted, there is no uniform system for accounting and registration of such persons, and there is no single electronic database. Currently, accounting 18 http://zakon4.rada.gov.ua/laws/show/1636-18 19 http://jurliga.ligazakon.ua/news/2014/8/22/116032.htm

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of internally displaced persons is performed by a number of institutions: the Interagency Coordinating Headquarters, the Ministry of Social Policy, local authorities, NGOs, etc. Some of them issue certificates of varying patterns stating that the person is internally displaced, but these documents are not valid, because the state has not stipulated in the law a single template for the document to be issued for internally displaced persons.

On 11 September, amendments to the Law of Ukraine "On Securing the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine", according to which upon the request of Ukrainian citizens living in the Crimea or those who have moved out of it at their place of stay, local bodies of the Migration Service shall issue and grant certificates confirming their place of stay. Such certificates shall be issued to citizens on the same day when requested upon presentation of a valid Ukrainian passports and a written application indicating the address where the citizen can receive official correspondence. Thus, the information (a mark) on the whereabouts of such person is not indicated in his/her passport, which is important for Crimean residents for their unimpeded coming to the Crimea. However, they still have not started issuing these certificates.

The problem is that the Migration Service of Ukraine has developed appropriate procedures for obtaining such a certificate and submitted them to the Ministry of Justice. The Ministry of Justice still has not approved the procedures for obtaining such certificates. Without that, the migration service has no right to issue them.

PROPERTY. BANKS Implementation of the Law of Ukraine On the Establishment of the Free Economic Area of "The Crimea" and the Specifics of the Economic Activities in the Temporarily Occupied Territory of Ukraine since 27 September has been causing more problems for Crimean residents attempting to access banking services.

Thus, commercial accounts of the legal entities that were registered in the Crimea have been ‘frozen’ in most of the banks. Moreover, some banks, such as Sberbank of Russia, due to incorrect interpretation of the law, they also temporarily blocked bank accounts of individual entrepreneurs. 2 or 3 days after, accounts of individual entrepreneurs were unlocked.

Until now, lots of Crimean residents cannot get full access to their deposit accounts in Ukrainian banks.

The authors of the analytical overview: Vissarion Aseev, Center for Civic Education "Almenda"; Aleksandra Krylenkova, representative of the Crimean Field Mission on Human Rights in St. Petersburg; Dmitry Makarov, Youth Human Rights Movement, the deputy head of the Crimean Field Mission on Human Rights; Tatiana Pechonchik, Chairperson of the Board, Information Center for Human Rights; Daria Sviridova, lawyer, the Ukrainian Helsinki Human Rights Union; Olga Skripnik, deputy head of the Crimean Field Mission on Human Rights.

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ANNEXES

Annex 1

Address of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights to the Commissioner for Human Rights of Russia on the detention of Liza Bogutskaya

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Annex 2

Letter to the "ATR" TV Channel from the Center for Combating Extremism of the Russian Interior Ministry in the Republic of Crimea requesting submission of certified copies of registration, licensing, and other documents authorizing them to operate

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Annex 3

The writ of execution in case No. 2-1688/14 on forced eviction of the Majlis, "The Crimea Foundation", and the newspaper "Avdet"

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Annex 4

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Ruling of Kievsky District Court of Simferopol on the facts of the events of May 3 in Armyansk

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