A/HRC/31/57/Add.1
has violated his right to be free from torture or cruel, inhuman or degrading treatment, as
provided by article 3 of the CAT.
Ukraine
(a)
JOL 09/06/2015 case No. UKR 1/2015 State Reply: None to date Allegations concerning
adoption by the Parliament of a resolution requesting derogation from certain rights
protected by international and regional human rights treaties to which Ukraine is a
State party, resolution entitled “On the Approval of the Notification of Ukraine about
the Derogation from Certain Obligations Determined by the Convention for the
Protection of Human Rights and Fundamental Freedoms and the International
Covenant on Civil and Political Rights”
581. The Special Rapporteur regrets that the Government of Ukraine has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13.
582. In June 2015, the Permanent Mission of Ukraine to the United Nations presented the
resolution in question to the Secretary-General of the United Nations and declared a
derogation from article 2(3), 9, 12, 14, and 17 of the ICCPR in certain areas of the Dunetsk
and Luhansk regions.
In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above. The Government of Ukraine, by derogating from its treaty obligations under the
ICCPR, gives way to possible violations of international human rights law, including the
absolute and non-derogable prohibition of torture or cruel, inhuman or degrading treatment.
583. By failing to answer, the Government of Ukraine does not dispel the concerns
expressed by the Special Rapporteurs and Working Groups regarding the possibly
discriminatory implementation of drastic restriction to human rights protections or about
the safeguards in law that will be necessary to ensure effective remedies for those persons
who may be subject to abuses of their rights, including protection against torture and illtreatment.
(b)
JUA 26/06/2015 Case No. UKR 3/2015 State Reply: 14/08/2015 Allegations concerning
the Security Service of Ukraine’s arbitrary arrests, detention, torture, and
mistreatment of eleven members of the legally registered Russian-speaking minority
non-governmental organization “Orthodox Kossacks”, including Mr. Eliseev Vadim
Alekseevich, Mr. Yankovski Igor Yurivich, Mr. Kolomeitsov Anatoly Borisovich, Mr.
Nazarenko Vitaly, Mr. Cherep Dmitri Nikolaevich, and Mr. Shalamov Aleksandr.
584. The Special Rapporteur thanks the Government of Ukraine for its reply, dated 14
August 2015, to the present communication. The Special Rapporteur takes note of the
information provided by the Government that members of “Orthodox Kossacks” were
detained lawfully pursuant to terrorism charges. Despite the Government's assurance that it
is investigating whether members of the National Security Service Department
overstepped their authority during the detention of the group's members, the reply fails
to address allegations that the aforementioned persons were subjected to torture and
other ill-treatment during interrogation.
585. The Special Rapporteur hence finds that the Government, in its reply, does not
sufficiently address the concerns, legal obligations, and questions raised in the initial
communication, which prompts him to infer that the Government fails to fully and
expeditiously cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13.
98
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents