REVIEW OF HUMAN RIGHTS VIOLATIONS IN THE TEMPORARILY OCCUPIED PARTS OF THE DONETSK AND LUHANSK REGIONS FEBRUARY 2021
5
detentions
11
cases of forced membership in the “non-governmental” organizations
33
declarations of ownerless property
In February 2021, new facts of human rights violations were discovered in the parts of the Luhansk and Donetsk regions of Ukraine temporarily occupied by the Russian Federation: illegal detentions and restrictions on the freedom of movement of civilians, creation of a parallel legal system, violation of property rights, obstruction of the activities of international organizations. Unfortunately, these human rights violations have become the “norm” for residents of the territories of the socalled “people’s republics”.
1
Unlawful Arrests, Detentions and Restrictions on the Freedom of Movement On 27 January 2021, the so-called “supreme court of the LPR” sentenced Serhii Ivanovich Sopiha to 10 years in prison for “high treason”. It is reported that Serhii Sopiha in February 2016 supposedly began a collaboration with “foreign intelligence” — with the Security Services of Ukraine (SBU) to the “detriment of the security of the Luhansk People’s Republic”. In early April 2017, Serhii Sopiha was allegedly sent to the city of Alchevsk, Luhansk region “with the task of collecting and transmitting information about the composition, size, location, deployment and redeployment of units of the people’s militia of the LPR, as well as information about the socio-economic situation in the territory LPR”. On 5 February 2021, the so-called “supreme court of the LPR” condemned the resident of Alchevsk in Luhansk region, Dmytro Serhiyovych Orobiy, to 12 years in prison for “high treason”. Dmytro Orobiy was detained by members of the illegal armed formations
(IAF) on 16 June 2020. He was accused for “spying in favor of Ukraine”. Dmytro Orobyi studied in Volodymyr Dahl East Ukrainian National University, at the Faculty of Political Science and International Relations. After completing his studies, he did an internship at the civil-military administration of the Luhansk region. However, he could not find a job in Severodonetsk after he had completed his education and thus returned home to Alchevsk, where his family lived. This was reported by the Media Initiative for Huma Rights. On 25 February 2021, information appeared on Facebook about the possible disappearance of the blogger Star Leo, a resident of Kadiivka (former Stakhanov) of the Luhansk region. There is also information about the possible disappearance of a blogger from Luhansk who goes by the pseudonym Venedikt Venediktov. On the same day, the so-called “supreme court of the LPR” sentenced Stanislav Mikhailovich Morozov, a resident of Lysychansk, to 12.5 years in prison for “espionage”. The report also mentions that the man had been released from the imprisonment in the end of 2016. After that, he was allegedly recruited by an employee of the SBU and was collecting and transmitting information on the size and location of the IAF “people’s militia of the LPR” to a “foreign state” between January 2018 and April 2018, as well as information about current military personnel.
2
Creation of a parallel legal system, bar, notaries, and courts In the temporarily occupied Donetsk and Luhansk regions, the occupation administrations of the Russian Federation and the media controlled by them continue to inform local residents and the world community about the activities of their “state bodies”. We are noting that these activities have no legal force and are aimed only at demonstrating the so-called “statehood” of the “republics.” On 1 February 2021, the so-called “DPR” approved the “Procedure for identifying, recording, storing, evaluating and disposing of ownerless real estate property”. The corresponding “decree” was signed on 1 February by the self-proclaimed head of the “DPR” Denis Pushilin. The “decree” provides for the creation of a so-called interdepartmental commission on the management of mismanaged real estate. The “interdepartmental commission” will be able not only to determine the “state administration” body of ownerless real estate, but also to lease such property. As before, the chairman of the “interdepartmental commission” is the head of the “Donetsk People’s Republic state property fund”. On 15 February 2021, the deputies of the so-called “People’s Council of the LPR” during the plenary session considered in the first and second readings and adopted the law “On Amendments to the Law of the Luhansk People’s Republic“ On Education ”with regard to the rearing of students”.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
2
February 2021
Changes to the law were needed “in order to determine the system of organizing educational work in the field of education and to unify the legislation of the LPR with the legislation of the Russian Federation”. The “deputy” Anna Mosina also commented on the changes: “Considering the active information activities on the part of Ukraine directed against the LPR and the cultural and spiritual values of its people, it is relevant to revise the current legislation of the Luhansk People’s Republic in terms of education”. On the same day, the “deputies” also adopted the law “On Amendments to the Criminal Code of the LPR and Articles 33 and 154 of the LPR Criminal Procedure Code in terms of establishing responsibility for public dissemination of knowingly false information and increasing responsibility for violation of sanitary and epidemiological rules” . This law has increased criminal liability for “violations of sanitary and epidemic rules”. Also, the “Criminal Code of the LPR” is supplemented by Articles 246 (note 1) and 246 (note 2), which provide for criminal liability for “public dissemination under the guise of reliable information of knowingly false information about circumstances posing a threat to the life and safety of citizens, as well as for public dissemination under the guise of reliable information of deliberately false socially significant information that, by negligence, entailed harm to the health or caused death of a person or other grave consequences”. In addition, the sanctions of the current edition of Article 291 of the Criminal Code of the LPR were strengthened: for “deliberate actions related to violation of sanitary and epidemiological rules and aimed at creating a threat of mass illness and poisoning of people”. Article 291 is supplemented with a new part, providing for increased responsibility in the event that the acts in question by negligence caused the death of two or more people. In addition, “the law provides for corresponding amendments to Article 154 of the LPR Criminal Procedure Code in the part concerning the attribution of the investigative jurisdiction for the indicated categories of criminal cases to the competence of the investigators of the internal affairs bodies”. The so-called “LPR” emphasize that they adopted the “law” to make their “legislation” compatible with the Russian one. From 18 February 2021, the so-called “LPR” introduced a new mode of operation of the pedestrian pass “Stanytsa Luhanska”. As the so-called “LPR” explains, this was done with “an unfavorable epidemiological and epizootic situation in Ukraine” and “in order to protect the interests of the state and the population of the LPR, we were forced to adopt appropriate resolutions of the LPR Government, acting in the interests of protecting the state and the population of the LPR, which regulate the transfer of goods by people crossing the contact line through the checkpoint.” The so-called customs control will be carried out on the basis of the “government” decree dated 22 September 2020 Nr. 698/20.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
3
February 2021
3
Compulsory membership in “non-governmental” organizations and participation in “patriotic” and “social” actions of the “LPR” and “DPR”. Involving children in propaganda In the parts of the Luhansk and Donetsk regions temporarily occupied by the Russian Federation, anti-Ukrainian propaganda is being conducted under the guise of “military-patriotic education” among children, adolescents, and young people, involving them into membership in “non-governmental” organizations. Employees of state financed enterprises under the so-called “external management”, do not have the option of refusing to participate in “non-governmental” organizations, as they risk being subverted to serious pressure and persecution. These actions by the representatives of the occupation administrations are qualified as a violation of the freedom of association. On 16 February 2021, on the day of the liberation of Dolzhansk (former Sverdlovsk) of the Luhansk region from the Nazi invaders, the 200-square-meter Victory Bannerwas unfurled by the members of the military-patriotic movement “Young Guard — Yunarmiya” in the park of culture and recreation named after the Heroes of the Battle of Stalingrad.
The people’s artist of Ukraine and honorary resident of Luhansk Myhaoilo Golubovich, a member of the “Public Chamber of the LPR” Volodymyr Radionov, Chairman of the Union of Afghanistan Veterans of the Luhansk Region Serhii Shonin, the head of the so-called non-governmental organization “Combat Brotherhood of Donbas” Yevhen Zhmurov, residents of Dolzhansk, and children took part in the event. In the Separate Districts of Donetsk and Luhansk regions (ORDLO) commemorative events dedicated to the sixth anniversary of the end of the battles for Debaltseve were held. In particular, the requiem rally took place in the urban-type settlement of Chernukhino, Perevalsky district of the Luhansk region. It was attended by “deputies” of the so-called “people’s council of the LPR and DPR”, members of the project “We Remember!” of the so-called “Peace to the
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
4
February 2021
Luhansk region” movement and “non-governmental” organization “Young Republic” from the self-proclaimed “DPR”, city residents and children.
In the village Yuzhnaya Lomovatka of the Luhansk region the head of the occupation administration Mykola Morhunov Bryanka visited school nr. 20. During the battles for Debaltseve, the headquarters of the illegal armed group brigade “Prizrak” was located in this school. On the occasion of the memorable date, a thematic solemn line was held at the school, in which younger students took part.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
5
February 2021
A rally in memory of those killed during the battle for Debaltseve was held in the alley near the administration of Khrustalnyi (former Krasnyi Luch) of the Luhansk region. The event was attended by those who participated in the operation, representatives of the occupational city authorities, members of the Youth Council under the administration of Khrustalnyi, activists of the so-called public movement “Peace to the Luhansk region”, members of the so-called youth “military-patriotic” movement “Young Guards — Yunarmiya” as well as member of the IAF.
The so-called “lessons of courage” and class discussions dedicated to the anniversary of the end of the battles for Debaltseve were held in educational institutions of the Slavyanoserbsk district of the Luhansk region.
On 19 and 20 February 2021, ceremonies for initiation into cadets and the opening of a cadet class were held in four cities of the Separate districts of the Luhansk region with the participation of local representatives of the occupation administrations. On 19 February 2021, the opening of the fourth Cossack class took place in Alchevsk at the educational complex “Rostok” as part of the “month of heroic-patriotic education” initiated by the head of the occupation administration of Alchevsk Nataliia Pyatkova. The new cadet class where 18 people will study was formed from fifth graders.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
6
February 2021
The event was attended by the adviser to the “head of the LPR” on the topic of Cossacks, cadet education and “military-patriotic” education of youth, by the chairman of the Council of Atamans Serhii Yurchenko, by the head of the occupation administration of Alchevsk and the city’s Cossacks.
On the same day, a cadet initiation ceremony was held in two schools in Pervomaisk.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
7
February 2021
On 20 February 2021, a “solemn ceremony” of initiation of fifth-graders into cadets took place at Petrovskaya School Nr. 22.
On the same day, a similar event took place in Yasenovskaya gymnasium Nr. 2.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
8
February 2021
On 23 February 2021, the self-proclaimed head of the so-called “LPR” Leonid Pasechnik opened a fully renovated location of one of the illegal armed formation units of the “People’s militia” in Luhansk.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
9
February 2021
Members of “Yunarmiya” took part in the event as well as relatives and friends of the IAF “LPR” soldiers, for whom an exhibition of arms of the “People’s militia”.
4
Violations of property rights In February 2021, the process of the so-called “nationalization” of enterprises that previously operated under Ukrainian jurisdiction or belonged to Ukrainian citizens residing in Ukrainian-controlled territories since the beginning of the conflict, continues in the parts of Luhansk and Donetsk regions temporarily occupied by the Russian Federation. In our opinion, the following facts should be qualified as violations of property rights. It should be noted that these violations are systemic and widespread in the occupied regions of Luhansk and Donetsk regions. • In February 2021, the so-called “DPR State Property Fund” published 4 new notices on the lease of 8 objects ownerless real estate of legal entities: part of the construction of an antenna, non-residential premises of mine enterprises, of Makiivka Polytechnic College, Donetsk College of Construction and Architecture and Donetsk Polytechnic College. • In February 2021, the so-called “state committee of taxes and duties” in “LPR” published 22 notices about the discovery of various ownerless property. Among the property declared abandoned are: • property of legal entities: property of the sanatorium-preventorium “Molodohvardiiskyi” including non-residential buildings as well as their communications, the territory of the football field, sports grounds, rostrums and belonging equipment, sports equipment of the stadium, sports equipment; property of the sanatorium in Chervonopartizansk: equipment for a physiotherapy room, books, water heaters, scales, furniture, bed linen, computer equipment, large household appliances; locker room furniture for Sorokino school Nr. 1, fans, locker room; property of the Bureau of Technical Inventory of the city of Khrustalnyi (formerly Krasnyi Luch): communication equipment, office equipment and furniture, industrial products; property of the educa-
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
10
February 2021
tional and experimental farm of the Luhansk National Agrarian University: a water well and equipment for it; commodity equipment of the Okolitsa market — platform carts; property of the Luhansk regional state administration: air conditioners and split systems; real estate: non-residential premises of the Bank “Finance and Credit” in Luhansk. Property of the registry office in Perevalsk: furniture and equipment of mobile operators. • property of individuals: “T” grade coal, built-in non-residential premises, basement, kiosk, vehicles and a trailer.
5
Obstruction of the activities of international organizations
6
COVID-19 in the temporarily occupied Luhansk and Donetsk regions
In the Separate district of the Donetsk region, on 6 February 2021, observers of the OSCE mission were denied entry at six checkpoints of the illegal armed groups. At the same time, in some of the cases, the patrol saw that civilian vehicles passed freely through the checkpoints. This is stated in the mission report .
The Ministry of Health of Ukraine has no data on the real situation with COVID-19 in the non-government controlled territories of Donbas and in the occupied Crimea. According to statistics published by the so-called “DPR” , the total number of registered and confirmed cases of COVID-19 as of 26 February 2021 was 24079. 16759 people have recovered, 2020 have died. In the so-called “LPR”, according to their statistics, as of 26 February 2021, 3027 COVID-19 cases were registered, 2546 were discharged from hospitals, 265 have died. There are no free media on the territory ORDLO, and we can only judge about the problems related to the pandemic by messages and comments in social media, as well as by indirect indicators. The self-proclaimed head of the so-called “DPR” Denis Pushilin on 4 February 2021, announced during a conference call on health issues that there is a shortage of doctors on the territory of ORDO in some cities. Thus, in Debaltseve the shortage of doctors is at 54%, in Telmanovskyi district — 46.6%, in Snizhne — 45.6%. A significant shortage of doctors is observed in Horlivka — 45.3%, Khartsyzsk — 41.9%. The situation is slightly better in Dokuchaevsk, Shakhtarsk and Amvrosiivskyi district. There are 38.3%, 35.2% and 32.4% of doctors missing, respectively. In ORDLO, the vaccination of penal colony employees has begun, the prisoners are not being vaccinated yet. This was reported by the Eastern Human Rights Group.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
11
February 2021
From 11 February 2021, vaccination against coronavirus with the Russian vaccine “Sputnik V” is being carried out among the employees of the socalled “People’s militia of the DPR”.
In the so-called “LPR”, employees of the so-called “people’s militia” are also being vaccinated. The so-called “LPR”, canceled restrictions on catering enterprises and also allowed wedding ceremonies starting from 12 February 2021. The so-called “minister” of Health Nataliia Pashchenko and chief sanitary doctor Dmytro Dokashenko stated that there is no trend towards an increase in the incidence of COVID-19 infection. On 16 February 2021, the Emergency Sanitary and Anti-Epidemic Commission under the “government” of the so-called “LPR” allowed full-time education in schools, boarding-type organizations and institutions of additional education from 24 February.
A review of human rights violations in the temporarily occupied parts of the Luhansk and Donetsk regions is carried out with the aim of preserving democratic rights and freedoms on the territory of Ukraine.
Reviews for the past months can be found under the following link share-square The translation of this report into English was completed with contributions from: Mischa van Diepen, Julia Samokhvalova and Thomas David Howard. This Report was submitted by Charity Foundation “VOSTOK-SOS” with the support of the United States Agency for International Development (USAID). The study was made possible thanks to the sincere support of the American people, provided through the United States Agency for International Development (USAID). The content of this Report is solely Charity Foundation “VOSTOK-SOS” and does not necessarily reflect the views of USAID or the US Government. Reproduction and use of any part of this Report in any format, including graphic, electronic, copying or use in any other way without the corresponding reference to the original source, shall be prohibited.
press@vostok-sos.org
Review of Human Rights Violations in the Temporarily Occupied Parts of the Donetsk and Luhansk Regions
12
February 2021