CRIMEA BEYOND RULES

Thematic reviews of the humanrights situation under

occupation

РЕГІОНАЛЬНИЙ ЦЕНТР ПРАВ ЛЮДИНИ

REGIONAL CENTRE FOR HUMAN RIGHTS

Ukrainian Helsinki Human Rights Union

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CRIMEA BEYOND RULES

The series of thematic reviews of violations of international human rights standards in occupied Crimea

Although the President of the Russian Federation V. Putin justified his decision on the annexation of Crimea by the necessity to protect the local population, the following years showed that Russia’s real interest in Crimea is only the seizure of the territory and its militarization.

Unilateral subordination of the population, clearing the territory of “undesirable elements”, colonization of the peninsula by people from Russia, suppression of public discussion, deprivation of property clearly show that people do not matter in the process of “integration” of Crimea.

It is difficult to say whether these actions are the conscious copying of the strategy of Nazi Germany or this is the objective logic of authoritarianism that dictates the same patterns of behavior. Nevertheless, it is impossible to deny the horrendous similarity of the events that took place on the eve and during the Second World War, and today’s behavior of Russia.

Here are some illustrations of how the occupation of Crimea looks from the point of view of international law.

The reviews were prepared by the team of experts from the Regional Centre for Human Rights, Ukrainian Helsinki Human Rights Union, the expert-analytical group CHROT.

The information сontained in the series of thematic reviews «Crimea beyond rules» was used by lawyers of the the Open Society Justice Initiative for the preparation of the report “Human Rights in the Context of Automatic Naturalization in Crimea»: http://u.to/oMZ6Eg

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ea beyond rulesFORCED CITIZENSHIP:

COERCION TO LOYALTY

From the first days of the occupation, the Russian Federation declared all residents of Crimea its subjects. Although the Russian authorities attempted to create the illusion that Crimeans voluntarily acquired Russian citizenship, in fact it was a choice without the ability to choose. Refusal to obtain an enemy/occupation passport led to the restriction of basic rights.

Even the right to remain living in own home would depend on the permission of the Russian authorities. In the context of an armed conflict between Russia and Ukraine, the imposition of citizenship by the aggressor is a way of suppressing loyalty towards Ukraine and forcing people to swear allegiance to the Occupying Power.

Thematic review “Crimea beyond rules: Right to Nationality (citizenship)”: on the web-site precedent.crimea.ua - http://u.to/KLx6Eg;

on Google Books service - http://u.to/Tpt6Eg

Publication of 1 Dec 2017 by Sergei Zayets, RCHR leading expert, in the information bulletin of the European Human Rights Advocacy Center: http://u.to/VcN6Eg.

See also, Policy Paper prepared by Sergiy Zayets, RCHR leading expert, on the topic: «Imposed citizenship as a new kind of human rights violation and as a means of aggressive expansion of the Russian Federation in the context of the occupation of Crimea” (in German) - http://u.to/A8V6Eg.

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IMITATION OF DEMOCRACY: POLITICAL

(NON) PARTICIPATION

Russia can not deprive Crimeans of Ukrainian citizenship completely. However, the possibility of political participation is given only to those who officially declare renunciation of Ukrainian citizenship. Those who are sincerely loyal to Ukraine are merely deprived of the opportunity to influence any decisions at the local level: they just can not be elected

to the local governments. For similar reasons, there are no representatives who share their views. Crimeans loyal to Ukraine became invisible in the occupied territory.

Thus, the exclusion of pro-Ukrainian Crimeans from the political process, along with restricting freedom of expression and peaceful assembly, is the way the Russian authorities try to create the illusion of support and approval of their policies on the peninsula.

The review is under preparation. It will be available on Google Books service, as well as on the web-site precedent.crimea.ua - https://goo.gl/krxt6P

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ea beyond rulesINFORMATION OCCUPATION

We retain our dignity, as individuals, only by insisting that no one – no official and no majority – has the right to withhold an opinion from us on the ground that we are not fit to hear and consider it.

R. Dworkin

Since the beginning of the occupation, the Russian Federation has established control over the circulation of information. Restrictions concern

both information about what is happening in Crimea (for example, foreign media in order to be able to work in Crimea, have to pass accreditation, which in fact means that they must confirm their readiness to echo the Russian authorities), as well as the information that Crimeans get about what is happening outside the peninsula.

Russia creates a wrong picture of the world in the minds of Crimeans. In view of the lack of information about the situation in Crimea, external consumers also can not develop reliable picture of what is happening on the peninsula.

Monopolization of the information space, blocking access to alternative sources and filtering of information, as a rule, lead to incorrect decisions and actions. The voice of the dissent can not be heard. At the same time the latter also have the impression that they are alone in the face of the problems that have arisen before them.

Propaganda and manipulation of public opinion are the essence of information occupation.

Review «Crimea beyond rules. Information occupation»: on the web-site

precedent.crimea.ua - http://u.to/hL56Eg

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THE RIGHT TO LIBERTY OF MOVEMENT AND FREEDOM TO

CHOOSE RESIDENCE

Having occupied Crimea, the Russian Federation transferred its legislation and practices, used to limit and control all spheres of life of the population, to the peninsula.

Using legal mechanisms, the Russian Federation actually squeezes Crimean activists outside the peninsula and prohibits them from entering Crimea. Such punishment for the

pro-Ukrainian position serves as an instrument of restraint. The most famous are the cases of the the Crimean-Tatar movement leaders: Dzhemilev and Chubarov.

Significant restrictions in the liberty of movement were also imposed on Ukrainian citizens who refused to acquire Russian citizenship. They are forced to obtain a residence permit or to stay in Crimea for three months only during the half-year period.

In addition, the migration service of the Russian Federation may deny any citizen of Ukraine or another state access to the peninsula.

These practices on the part of the occupier lead to the displacement of the Crimean population from the territory of the peninsula.

Thematic review “Crimea beyond rules. The Right to Liberty of Movement and Freedom to Choose Residence”:

on the web-site precedent.crimea.ua - http://u.to/O7t6Eg

on Google Books service - http://u.to/g7R6Eg

Currently, an updated version of this review is being prepared for publication.

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ea beyond rulesFORCIBLE EXPULSION OF THE CIVILIAN POPULATION FROM

THE OCCUPIED TERRITORY BY RUSSIA

“War crime» means … the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory…”

(Article 8 (2) (b) (viii) of the Rome Statute of the

International Criminal Court)

The Russian authorities massively expel citizens of

Ukraine and foreigners (protected persons within the meaning of Article 4 of the Geneva Convention (IV) from Crimea, who for various reasons found themselves in this territory. For the period from July 2014 to May 2018 on the basis of the decisions of the Crimean «courts» no less than 2,500 persons were forcibly expelled. According to the legislation of the Russian Federation, this means an automatic ban on entry for a period of five to ten years into the territory of Crimea, which Russia considers its constituent part1. Thus, the Russian authorities tightly control the demography in the occupied territory and suppress the migration processes that they consider undesirable. In addition to being an international crime within the meaning of Articles 8 (2) (a) (vii) and 7 (1) (d) of the Rome Statute of the International Criminal Court, such acts are also incompatible with the provisions of Articles 2-4 of Protocol No. 4 to European Convention .

1 See paragraph 2 of Art. 27 of the Federal Law 114-FZ “On the procedure for leaving the Russian Federation and entry into the Russian Federation».

The review is under preparation. It will be available on Google Books service, as well as on the web-site precedent.crimea.ua - https://goo.gl/rvQwpi

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TERRITORY CLEANSING: TRANSFER OF PRISONERS

FROM CRIMEA TO THE TERRITORY OF THE RUSSIAN

FEDERATION

Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees …

Article 76Convention (IV) relative to the

Protection of Civilians in Time of War. Geneva, August 12, 1949

Since the beginning of the occupation, more than 4,700 people deprived of their liberty were transferred from Crimea to the territory of the Russian Federation.

In addition to the fact that these acts constitute an international crime (Articles 8 (2) (a) (vii) and 7 (1) (d) of the Rome Statute of the International Criminal Court), this can also be qualified as a violation of Article 3 of Protocol No. 4 to the European Convention (prohibition of expulsion of nationals from the territory of the state of their citizenship).

Many of the prisoners are unlawfully deprived of their liberty: in 2014-2015. The vast majority of court sentences were made on the basis of the Criminal Code of the Russian Federation, although they concerned acts committed before the occupation. The Russian Federation also has no authority either to review or to enforce sentences handed down by the authorities of Ukraine. Thus, in most cases it is also possible to speak of a violation of Art. 5.1.a, Art. 6, Art. 7 of the European Convention on Human Rights.

The communication on the transfer of prisoners was submitted to the International Criminal Court. Currently, on its basis, a thematic review is being prepared for publication. It will be available on Google Books service, as well as on the web-site precedent.crimea.ua - https://goo.gl/1QAboC

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ea beyond rulesCOLONIZATION OF CRIMEA:

TRANSFER OF CIVILIAN POPULATION OF THE RUSSIAN

FEDERATION INTO THE OCCUPIED TERRITORY OF

UKRAINE

“War crimes mean … the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies…”

(Article 8 (2) (b) (viii) of the Rome Statute of the

International Criminal Court)

Simultaneously with the cleaning up the territory of Crimea from «undesirable elements», the authorities of the Russian Federation at the state level began to introduce programs for the population of the occupied territories by their own loyal citizens.

During the first years of occupation the population of Sevastopol increased more than 10%. State programs provide for the compensation payment for medical workers who move to Crimea, as well as permanent employment and provision of housing to immigrants from different regions of Russia.

As a result, for a relatively short period of time due to targeted actions of Russian authorities, the demographic situation on the peninsula has changed significantly. Obviously, thus, the Russian Federation seeks to complicate the return of the peninsula, and the references to the interests of «new Crimeans» have already been made by the politicians who dare to raise this issue.

The review “Crimea beyond rules. Transfer by the Russia parts of its own civilian population into the occupied territory of Ukraine»:

on the web-site precedent.crimea.ua- http://u.to/E716Eg;

on Google Books service - http://u.to/f6x6Eg

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SUPPRESSION OF PERSONAL AUTONOMY:

DEPRIVATION OF PROPERTY

“The right of property is the guardian of every other right and to deprive the people of this, is in fact to deprive them of their liberty”.

Arthur Lee

Occupation is accompanied by massive expropriation of business, land plots and destruction of buildings. At first, the expropriation of state property of Ukraine

was carried out. Almost at the same time, the Russian authorities began dismantling street trade pavilions. Next, the houses that were built just before the occupation, which, in the opinion of the authorities, are «multi-apartment buildings» (and can be used to generate income), became a subject to demolition. In particular, the Sevastopol authorities approved a list of 50 buildings, for the destruction of which budget funds have been allocated. Along with that, land plots are being taken away from people. Just in Sevastopol, more than 10,000 suits were filed for the seizure of land handed over to citizens by Ukrainian authorities. Almost all large shopping centers are closed in Sevastopol under the pretext of ensuring fire safety. Thus, the work of small and medium-sized businesses was paralyzed.

All these actions adversely affect the middle class - the most active part of the population that was formed in the Crimea before the occupation. People are deprived of a source of income and put in a vulnerable position. Loss of property and faith in the future urges many of them to leave the occupied Crimea.

The review «Crimea beyond rules. Right to property»: on the web-site precedent.crimea.ua- http://u.to/oLl6Eg; on Google Books service - http://u.to/z7R6Eg. An updated version of this study is currently being prepared.

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ea beyond rulesRELIGIOUS OCCUPATION:

OPPRESSION OF THE UKRAINIAN ORTHODOX CHURCH OF THE KYIV

PATRIARCHATE

«…it is prohibited: a) to commit any acts of hostility

directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;

b) to use such objects in support of the military effort;

c) to make such objects the object of reprisals».

Article 53 of the Protocol Additional to the Geneva Conventions (Geneva, 1977)

According to Article 15 of the Protocol Additional to the Geneva Conventions civilian religious personnel shall be respected and protected as well as their right to the facilitation from the Occupying State in performance of their humanitarian functions.

The Office of the Crimean Diocese of the Ukrainian Orthodox Church of the Kyiv Patriarchate (UOC-KP) in Crimea has been operating since 1991. The only difference between the UOC-KP and the Moscow Patriarchate is their attitude towards Ukrainian statehood and the assessment of Russia›s actions during the armed conflict.

The existence of many temples of the UOC-KP in the Crimea was terminated due to occupation. The Crimean Diocese of the Kyiv Patriarchate is the only religious organization that refused to re-register in accordance with the requirements of the legislation of the Russian Federation.

Some of the temples were directly captured by armed formations (for example, in Sevastopol and Perevalnoe). The ability to use these temples will be granted by Russian authorities only after registration of the organization under Russian law and obtaining permission from the FSB. The temple in Perevalnoe village, was handed over to the Moscow Patriarchate soon after its capture.

The review is being prepared for publication. It will be available on Google Books, as well as on the website precedent.crimea.ua - https://goo.gl/21Ff4B

Issues of the thematic reviews «Crimea beyond Rules» (according to the chronology of their publication):

Issue 1. Right to Property (2015)

Issue 2. Right to Liberty of Movement and Freedom to Choose Residence (2015)

Special Issue. Transfer by Russia parts of its own civilian population into the occupied territory of Ukraine (2015)

Issue 3. Right to Nationality (2017)

Issue 4. Information Occupation (2017)

Special Issue. Forcible Expulsion of the Civilian Population from the Occupied Territory by Russia (2018)

Issue 5. Imitation of Democracy : The right of Crimeans for Political Participation (to be published).

Special Issue. Religious occupation: Oppression of the Ukrainian Orthodox Church of the Kyiv Patriarchate (to be published)

Special issue. Territory Cleansing: Transfer of Prisoners from Crimea to the Territory of the Russian Federation (to be published)

РЕГІОНАЛЬНИЙ ЦЕНТР ПРАВ ЛЮДИНИ

REGIONAL CENTRE FOR HUMAN RIGHTS

Regional Centre for Human Rights - NGO, the nucleus of which consists of professional lawyers from Crimea and Sevastopol, specializing in the field of international human rights law.

rchr.org.ua

Ukrainian Helsinki Human Rights Union

Ukrainian Helsinki Human Rights Union - non-profit and non-political organization. The largest association of human rights organizations in Ukraine, which unites 29 NGOs, the purpose of which is to protect human rights.

CHROT - expert-analytical group, whose members wish to remain anonymous.

Some results of work of this group are presented at the link below :

precedent.crimea.ua

helsinki.org.ua