Settlements under siege: restrictions on freedom of movement in settlements near the contact line by Восток SOS

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

2021

The monitoring was supported by the Helsinki Foundation for Human Rights (Poland).

Abbreviations used in the text: CIMIC — Civil-Military Cooperation — a body of the Armed Forces of Ukraine, established in 2014 to coordinate the interaction of law enforcement agencies with local authorities, business and international organizations, to address the problems of the civilian population in the armed conflict zone in eastern Ukraine; JFO — Joint Forces Operation; EECP — entry-exit checkpoint; MCA — military-civil administration;

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

Monitoring mission of the Charitable Foundation Vostok SOS of settlements near the line of contact in March-April 2020 During March-April 2020, the Charitable Foundation Vostok SOS received notifications about the deteriorating humanitarian and security situation in the frontline area of Luhansk and Donetsk regions. The Covid-19 pandemic and the state of emergency imposed on March 12, 2020, further complicated the situation for residents of “red regime” *security zones in Ukraine. This affected especially residents of isolated settlements located near the demarcation line. *In February 2018, the Law of Ukraine “On the Specifics of State Policy to Ensure State Sovereignty in the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts” entered into force, and at the end of April 2018, the Joint Forces Commander issued Order № 26. These regulations introduced the concept of “security zones”, which affects the restriction of citizens’ rights depending on the category of the zone (“green” — free movement, “red” — closed for movement). According to item 5 of paragraph 6 in the Law, “in order to ensure important interests of society and the state during the repulse of the armed aggression of the Russian Federation, military personnel have the right to temporarily restrict or prohibit the movement of vehicles, to deny access to vehicles and citizens to certain areas and objects in the security zones adjacent to the area of hostilities”. In order to study the situation in detail, the monitoring group of the Charitable Foundation Vostok SOS visited the settlements Bolotene, Staryi Aidar, Pishchane in Luhansk region, as well as Opytne in Donetsk region in early May 2020.

The main problems identified by the monitoring group can be divided into two clusters: problems related to hostilities and of humanitarian kind. Below is a brief description with an analysis of the causal factors.

1.1 Continuation of hostilities. Despite regular ceasefire declarations by both the Ukrainian government and pro-Russian illegal armed groups, intense fighting continued along the demarcation line in March-May 2020, as recorded by the UN Human Rights Monitoring Mission in Ukraine1. In addition, on May 13, 2020, the monitoring group of the Charitable Foundation Vostok SOS recorded shelling by pro-Russian illegal armed groups of residential buildings on Stepana Razina street in the village of Tr’okhizbenka in the Luhansk region. The shelling took place on May 7 and 92. Report of the UN Human Rights Monitoring Mission in Ukraine: https://ukraine. un.org/sites/default/files/2020-09/30thReportUkraine_EN.pdf

Militants from the non-government-controlled territory of the Luhansk region fired at Tr’okhizbenka: https://vostok-sos.org/news-0004-1305-obstrily/

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

1.2 Relations between the military and the local population carry the following problems: ∙

Recurring blocking of settlements by servicemen of the Armed Forces of Ukraine, which makes it impossible for local residents, their relatives, acquaintances, as well as food cars, buyers of livestock and farm produce to enter or leave the settlements;

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During the rotation of troops, the lack of a mechanism for transmitting information on the situation and livelihood of local residents in settlement located near military units: important routes, sources of income, humanitarian needs, etc.;

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Unauthorized occupation of villagers’ abandoned private houses by servicemen and arising debts of homeowners for utilities consumed by servicemen;

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Damage of infrastructure (roads, bridges) by servicemen of the Armed Forces of Ukraine;

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Degradation of communication between military units of the Armed Forces of Ukraine and local residents, unpredictability of military actions;

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Attacks on local residents by feral dogs tamed by the military personnel.

1.3. Humanitarian problems: ∙

mine danger;

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deterioration of the economic situation in the region and lack of jobs;

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reduction of humanitarian aid;

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poor or completely absent transport connectivity;

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insufficient attention of public authorities to the problems of the residents;

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lack of mobile phone service;

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limited access to administrative, banking, medical services and medicine;

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limited access to fuel (gas, solid fuel);

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problems with electricity and water supply or their complete absence.

The most significant problem for residents of settlements near the demarcation line is the unjustified restriction on freedom of movement, as it entails most other problems. With restricted possibilities for entry and exit, residents cannot exercise numerous constitutional rights and are denied access to benefits available to other citizens of Ukraine. It should be noted that this problem is not new and arose with the beginning of the conflict, however, it still continues, despite the rules established by

Settlements under siege: restrictions on freedom of movement in settlements near the contact line legislation and orders of the military command in the area of the Joint Forces Operation (formerly the Anti-Terrorist Operation). The Charitable Foundation Vostok SOS has been documenting the facts of such restrictions since 2015 and systematically calls on the government to resolve it. In May 2015, the crossing procedure differed significantly at checkpoints in the villages of Donetsk region. For example, residents of the villages of Pavlopil, Chernenko, Pyshchevyk, Lebedynske, Vodiane, and Kominternovo were required to obtain a permit to leave the settlements, although these villages had already been liberated. At the same time, in the villages of Vynohradne and Pionerske, a similar problem was quickly resolved — the military received a list of local residents as well as residents of Mariupol who owned land there. When presenting a passport with the place of registration, they could freely cross the checkpoints3. In the Luhansk region, residents of Katerynivka and several parts of the town of Zolote were forced to cross the EECP “Zolote”, which is located within the city limits. For a long time, this was allowed only during the official working hours of the EECP, which created difficulties for residents e.g., workers of mines with a round-the-clock work schedule. In 2017, public authorities and employees of the State Border Guard Service of Ukraine announced that the problem was solved at the EECP “Zolote”. According to them, the crossing of the EECP for local residents is round the clock and they are allowed to pass based on pre-compiled lists without the need to create a permit in the SBU register. However, information was received from the local population that this was not always the case4.

Problems in the visited settlements 2.1 Bolotene, Luhansk region. Every six months, villagers face the problem of restriction on their freedom of movement: with each rotation of military units of the Armed Forces of Ukraine, their command requires local residents to resubmit a list of all registered residents in the village as well as those who will visit them. Until a special decision is made by the command, entry into and exit from the village is completely suspended. In connection with the troop rotation, there are cases of military personnel blocking the second road leading to the village of Valuiske, Luhansk region. This road is in a better condition and allows one to arrive at the district center Stanytsia Luhanska quickly. Prior to the introduction of quarantine measures, a social bus started running from Stanytsia Luhanska to Bolotene with the support of the Charitable Organization ADRA Ukraine, which greatly simplified access to food, medical and administrative services for residents. Despite the introduction of quarantine measures, the humanitarian situation in the village can be assessed as

The problem is described in detail in “Invisible towns and villages. The life on “no man’s land”: https://vostok-sos.org/zhizn-na-nichih-zemliah/

Report on the Vostok SOS monitoring mission on 17-23 December 2017: https:// issuu.com/vostok-sos/docs/zhyvemo-yak-v-rezervaciyi

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

“satisfactory”, as the mobile grocery shop comes twice a week and once a month the Ukrainian postal service “Ukrposhta” vehicle delivers pension payments to the villagers. Ambulances and vehicles of the State Emergency Service of Ukraine reach the village, but due to damages to the mobile phone network, it is extremely difficult to call them from the area. Residents are able to receive medical services and buy medicine only in Stanytsia Luhanska, but issues with the mobile service make it impossible to even consult a family doctor. According to Bolotene residents, the attention of international organizations to their problems has decreased. In April 2019, residents of the village of Bolotene were cut off from the electricity supply due to debts for consumed electricity. Residents claim that they regularly pay for their electricity bills, and the problem arose due to the large number of abandoned houses. Their owners were forced to leave during active hostilities or in search of a better life. According to the remaining residents, some abandoned houses were gradually occupied by the military, who consumed electricity but did not pay for it. From 2014 to 2019, the debt reached a significant amount, which led to the disconnection of the entire village from the electricity supply by LLC “Luhansk Energy Association”.

2.2 Pischane, Luhansk region. Despite the decrease in the intensity of hostilities compared to the beginning of the armed aggression of the Russian Federation in eastern Ukraine, living conditions in the village have not become easier. The main problem is still the regular closing of the only road from the settlement by servicemen of the Armed Forces of Ukraine after each troop 6

Settlements under siege: restrictions on freedom of movement in settlements near the contact line rotation, which complicates the free movement of villagers. The last time the villagers asked the Charitable Foundation Vostok SOS for help in solving the problem of road blockage was at the end of March 2020. Despite their direct appeal to the command of the military unit of the Armed Forces of Ukraine which blocked the path, their appeal to the head of the Stanychno-Luhansk District State Administration, to which Pishchane belongs, another submission of their photos along with copies of all necessary documents to confirm their residence in the village, they could not manage to solve the issue of the travel ban in and out of the settlement on their own. Thanks to the successful cooperation of the Charitable Foundation Vostok SOS with the UN Human Rights Monitoring Mission and the Office of Military-Civil Cooperation (CIMIC), freedom of movement was re-established5.

The closure of the only road leads to a complete blockade of residents’ access to shops, markets, pharmacies, medical and administrative services, as these can be obtained only in neighboring settlements: Nyzhnioteple and Petropavlivka. Due to the introduction of quarantine measures and the discontinuation of transport services, it is only possible to buy food and withdraw pensions with the help of the only private car in the village belonging to one of the residents. Pension payments are in fact the only source of income for the 24 villagers, as almost all of them are of retirement age. The villagers note that the attention and assistance from international humanitarian organizations has significantly decreased in the recent past. The incident is described on the Facebook page of the UN Human Rights Monitoring Mission in Ukraine: https://cutt.ly/vtZdPIM

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

Another problem is the mine contamination of the area around the village. On April 7, 2020, four villagers died in the settlement as a result of the detonation of an explosive device6. Landmines do not allow residents to collect firewood to heat their homes. In the event of a forest fire in the surroundings of Pishchane, it is extremely difficult to extinguish it — even for firefighters. Ambulance workers are afraid to go to Pishchane when called upon because of the threat of explosive ordinances. Only local residents who are registered in Pishchane or people they notify of are allowed to enter the village.

2.3 Staryi Aidar, Luhansk region. Residents have repeatedly faced a blockage of the village. In 2018, servicemen of the 92nd Brigade already dug up the road to the neighboring village of Lobacheve. In March 2020, after a troop rotation, the military banned the entry of relatives of villagers, cars with bread and food as well as buyers of livestock and farm produce, which is an important source of income for local residents.

The inhabitants noted that the actions of military personnel were often unpredictable. Thus, the military once again dismantled the only bridge across the river Aidar without any warning or notification of the reasons. The bridge Hromadske “Four people died as a result of the explosion in Pishchany”: https:// hromadske.ua/posts/u-pishchanomu-na-linii-zitknennia-avto-pidirvalosia-namini-zahynuly-chetvero-liudei

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

Settlements under siege: restrictions on freedom of movement in settlements near the contact line was built with the financial support of ICRC and connects the village with the city of Schastia7. Within days, the bridge was rebuilt by the same military personnel, but the reason for their actions remained unclear. Long after the event took place, representatives of CIMIC explained the incident in comments on Facebook as “a desire to strengthen the construction of the bridge to ensure the safety of civilians”. Also, according to one of the residents, she accidentally witnessed the beginning of minelaying by soldiers near the pasture where farmers usually graze their cattle. After an intervention of other villagers and heated discussions with the military, minelaying was prevented. Residents of Staryi Aidar mention aggressive dogs as another serious issue. Some of the dogs are domesticated by the military and some are abandoned by owners of summer cottages and servicemen from previous rotations. According to the villagers, attacks on children and cattle regularly occur in the village and complaints to the village council and to the head of Stanytsia Luhanska district state administration did not yield any results. The villagers also reported cases of unauthorized occupation of abandoned private homes in their village by servicemen. In addition to the occupation of their homes without legal grounds, the owners become debtors for the utilities consumed by the military.

2.4 Opytne, Donetsk region. In April 2020, residents of the village reported

that the military had dug up the only road that connects Opytne with Avdiivka. The road is of paramount importance to the villagers, providing them access to food, administrative and medical services, ATMs, pharmacies and humanitarian aid. Thanks to media coverage, the problem immediately became known. A few days later, the excavated area was flattened and the road was restored. It should be noted that even a short-term blocking of the only road to Avdiivka threatens its residents with a humanitarian crisis. As Opytne is completely cut off from electricity, gas and water communications, the humanitarian organizations use the road from Avdiivka to provide residents with drinking water, cash, fuel or heating, cooking and generating electricity, building materials for housing reconstruction, and more. At the same time, according to the villagers, the amount of humanitarian aid has decreased significantly since the beginning of 2020, and the main means of subsistence are pension payments and subsistence farming, which has become even more important after the closure of the Avdiivka market because of quarantine restrictions. Another acute problem noted by the residents of Opytne is the shooting from the village by the Armed Forces of Ukraine, which in the opinion of the villagers can provoke a backlash from the enemy and lead to casualties and destruction of their property. At the same time, according to residents, the soldiers and the CIMIC personnel help them during critical circumstances. The villagers recalled

InformatorMedia “Staryi Aidar. The bridge was blown up three times”: https:// informator.media/archives/142271

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

cases when military doctors provided first aid to residents and took patients to the Avdiivka hospital while under fire, as the ambulance from Avdiivka refused to go to Opytne out of fear for the medics’ lives.

2.5. Lobacheve, Luhansk region. At the end of the monitoring, on May 29, 2020, a paramedic from the Trokhizben outpatient clinic contacted the Charitable Foundation Vostok SOS with the information that the road to the village of Lobacheve was blocked. The paramedic and her colleague have been going to Lobacheve every Friday for many years for routine checkups of patients, primarily elderly people. Negotiations with the military at the entrance to Lobacheve lasted more than three hours, and despite the availability of supporting documents, the servicemen did not allow the medical workers into the village citing the order of the 25th Brigade commander of the Armed Forces of Ukraine. The brigade commander and the Tr’okhizbenka MCA did not help solve the problem. As the car of the Tr’okhizbenka outpatient clinic is also used to deliver humanitarian aid, the residents of the Lobacheve were unable to receive not only medical care, but also medicine, hygiene items and protective masks. According to the paramedic, for the first time during the six years of the war, the military did not allow passage to the ambulance. Even during the most active period of hostilities in 2014-2015, the military did everything possible to ensure that the medical staff of the Tr’okhizbenka outpatient clinic (the only medical facility within a radius of 50 kilometers) could provide assistance to the local population.

After Vostok SOS contacted partner organizations, CIMIC and disseminated information about this case in the media, the problem was solved.

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

3. Legal analysis of the restrictions on freedom of movement in settlements located on the line of contact. Representatives of the Armed Forces of Ukraine justify the ban on entry into and exit from settlements by the Law of Ukraine “On the Specifics of State Policy on Ensuring State Sovereignty in Temporarily Occupied Territories in Donetsk and Luhansk Oblasts” and by the order of the Joint Forces Commander № 26 from 04/26/2018. According to item 5, paragraph 6 of the Law “in order to ensure important interests of society and the state during the repulse of the armed aggression of the Russian Federation, military personnel have the right to temporarily restrict or prohibit the movement of vehicles, to deny access to vehicles and citizens to certain areas and objects in the security zones adjacent to the area of hostilities”. At the same time, the grounds that allow the admission of civilians to the area of the Joint Forces Operation by the decision of the commander are determined in items 2.3 and 2.6. in the order of the Joint Forces Command № 26 from April 26, 2018:

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residence of a person, his close relatives or family members in the area of JFO, which can be confirmed by relevant documents;

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a person has the right of ownership of real estate in the area of JFO;

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travel with the aim of providing medical or social assistance, etc.

According to this order, the movement regime in the area of JFO and the scope of powers of servicemen and law enforcement officers differ depending on the area of the security zone. At the same time, there are no publicly available general documents that would contain a list of security zone areas with limited access (“yellow regime”) and restricted access (“red regime”). This makes it impossible for citizens to understand the aspects of the restrictions, where they are applied or their duration.

The underlying reasons for restrictions and their necessity.

Observations of local residents as well as the long-term nature of the problem of blocking entry to and exit from settlements by servicemen indicate that it is not related to ensuring the important interests of society and the state during the repulse of the armed aggression of the Russian Federation nor related to the intensity of hostilities. Rather, it has to do with the periodic rotation of military units and their poor communication among each other and with the local population. After each troop rotation, freedom of movement of local residents, their relatives and medical staff is once again being restricted. Newly arrived servicemen demand re-compiled lists of residents and supporting documents. In order to control and restrict movement between the settlements, the military personnel damage infrastructure such as bridges and roads. It is likely that these restrictions are applied by newly arrived units on their own initiative without the knowledge of the Joint Forces Command. Otherwise, it would indicate that together with the decision on the next military unit rotation, the JFO Commander is canceling all of his previous decisions on allowing passage to local residents, their relatives, medical workers, entrepreneurs and others to the village.

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

Monitoring of settlements near the demarcation line in January-February 2021 At the end of January 2021, the monitoring group of the Charitable Foundation Vostok SOS once again visited several settlements near the line of contact: Staryi Aidar, Lopaskyne, Tr’okhizbenka, Popasna, Troitske in Luhansk region, Opytne, Pisky, Hranitne, Lebedynske in Donetsk region.

The monitoring mission took place in the first days after the end of the threeweek-long lockdown in Ukraine during easing quarantine measures. It had the aim to verify reports of non-admission and/or restriction of access to settlements near the demarcation line by Ukrainian law enforcement agencies. It should be noted that during the mission, members of the monitoring group did not encounter any attempts to prevent their entrance into the settlements. Only once did the servicemen of the Armed Forces of Ukraine adjust the route of the mission and accompany the monitoring team during a visit to the village of Pisky due to the intensification of hostilities by the illegal armed groups.

Restrictions on the access to settlements The information gathered during the mission suggests that the restrictions were imposed mainly during the severe quarantine period in 2020. There were periods when freedom of movement was restricted throughout the Donetsk and Luhansk regions. However, notices about such restrictions have also been encountered recently. In October 2020, the military did not allow an ambulance to enter the village of Lopaskyne. According to the official information of the administration of the medical facility that serves the village of Lopaskyne, half an hour later the car was finally allowed into the village accompanied by armed servicemen. In Staryi Aidar, the residents complained about JFO servicemen who did 13

Settlements under siege: restrictions on freedom of movement in settlements near the contact line

not allow taxis beyond the entrance checkpoint at the village. This caused inconvenience for local residents who go by taxi to the market to sell their farm produce. In the village of Opytne, it turned out that after the last rotation, the servicemen forbid local residents to use the asphalt section of the road leading to Avdiivka. Thus, the only accessible path left for them is the dirt road through the minefields adjacent to Avdiivka. The dirt road quickly becomes unsuitable for mopeds and bicycles during rain and snow falls and when used by cars. Therefore, in order to buy necessary groceries, medicine, construction materials for themselves and their neighbors, as well as to receive medical and other services, the residents of Opytne can reach Avdiivka only by foot. Being for the most part of retirement or pre-retirement age, the residents cannot walk 10 km to Avdiivka and back by foot. Thus, they are in fact locked up in their village, which further worsens the humanitarian situation. There is still no electricity8, water or gas supply in the village and the sewerage system is not working. The ban on using the asphalt section of the road by local residents can hardly be due to security measures, as the intensity of hostilities has decreased significantly over the past year. In addition, the previous leadership of the brigade allowed the residents of Opytne to use it. The JFO command replied to Vostok SOS’ further appeal that the section of the Avdiivka — Donetsk highway (TO-05) is located in the area of hostilities in the “red” security regime, which restricts its use. At the same time, the JFO command offers the residents to get to Avdiivka by a detour through the village of Vodiane, thus increasing the distance to Avdiivka to 22,5 km one way. Thanks to the attention of humanitarian organizations and the authorities, electricity was restored in Opytne on April 16 and 21, 2021: https://grids.dtek.com/en/mediacenter/press/dtek-donetskie-elektroseti-vernul-elektrosnabzhenie-zhitelyamprifrontovogo-poselka-opytnoe-/

Settlements under siege: restrictions on freedom of movement in settlements near the contact line However, it should be noted that representatives of the Office of Civil-Military Cooperation (CIMIC) often help residents of some settlements near the demarcation line to get to the nearest town and military doctors provide on-site assistance or transportation to hospitals when an ambulance refuses to come after an emergency call.

Other human rights violations Most of the complaints received during the mission about the actions of law enforcement officials concerned past events during previous years. At the same time, local residents declare their unwillingness to officially complain to the military and police, fearing for their safety and their lives. Some violations of their rights are already perceived by locals as the norm: they do not believe that these rights should be protected nor do they believe in the prospect of change. According to Lopaskyne residents, the police regularly temporarily confiscate their mobile phones, allegedly for IMEI verification (a unique 15-digit number assigned to each mobile phone). Police officers explained this by checking for possible theft of mobile phones. The problem of military personnel settling in private houses in settlements has not been solved so far. Most of these are abandoned houses, but from time to time the owners come to the settlements. The government has only recently taken the first steps towards resolving this issue. Another problem is the arrangement of checkpoints and military posts (for example, in the village of Tr’okhizbenka) in the immediate vicinity of local residents’ homes, which is a violation of international humanitarian law and puts civilians in danger. Another problem is connected with the construction of such checkpoints — an increase in the number of stray dogs. According to local residents, the military feeds the dogs, while they breed uncontrollably and enter settlements in small packs. At times, the dogs behave aggressively and attack local residents,

Settlements under siege: restrictions on freedom of movement in settlements near the contact line including children. Several attacks have previously been reported in Staryi Aidar. Packs of aggressive dogs accompanying the military in the settlement were also seen in Opytne and residents of Lobacheve notified the monitoring mission of Vostok SOS in June 2020 of attacks by stray dogs on locals within the settlement. Local authorities and the military command continue to ignore residents’ complaints about this. It should be noted that in the relations between civilians and the military much depends on the specific commanders of military units. Along with violations and restrictions of the residents’ rights, many examples of military assistance to the civilian population are known. However, it often seems that the military and the civilians live in parallel worlds that do not intersect.

Conclusions based on the results of the monitoring missions According to Vostok SOS, the main reasons for the problems of residents in settlements near the demarcation line from May 2020 to February 2021 are: 1. Lack of interaction between units during the troop rotation. There are usually no reasonable motives for blocking the roads to the settlements. This occurs due to the lack of proper coordination between JFO units and discipline issues; 2. Unsatisfactory communication of the military with the local population; 3. Lack of promulgated orders by the JFO Command, which would clearly define the areas with restricted and prohibited access and the period of restrictive measures; 4. Insufficient attention of public authorities to the problems and needs of the local population. Continuous neglect of certain issues of local residents, frequent unjustified restrictions and violations of their constitutional rights; 5. Reduction of assistance from international humanitarian organizations.

Recommendations: 1. Increase the quantitative representation of CIMIC in brigades in order to improve communication between the military and local residents; 2. Establish a process of information transfer between military units during the rotation, concerning the specifics of the life of the villagers; 3. Improve the discipline of servicemen in the JFO zone in order to reduce conflicts between the local population and servicemen; 4. Publish the decision of the JFO command on the introduction of a certain regime in the security zone with a clear definition of its borders, the settlements it will affect and the duration; 5. Develop effective mechanisms for public authorities to respond to the humanitarian needs of the local population in the area of JFO, as well as provide them with operational assistance.