Summary

The situation of human rights in Ukraine is complex, notably due to the persistence of the armed conflict in its eastern regions, where violations and abuses by all parties to the conflict on either side of the contact line continue to be documented. 

As most instances of enforced disappearance stem from the conflict in the East, priority should be given to immediately ending hostilities between all parties involved and implementing all obligations foreseen in the Minsk agreements, as well as their general obligations deriving from both international humanitarian and human rights law.

The Working Group recalls that, even during armed conflicts, human rights must be respected, including an absolute prohibition of enforced disappearances, while efforts should be made to alleviate human suffering. It also recalls that enforced disappearances are prohibited under any circumstance, including a state of war or any other public emergency. This prohibition is non-derogable and must be also respected by the de facto authorities in Donetsk and Luhansk.

The pain and anguish of relatives of disappeared persons cannot be used for political purposes. Decisive measures must be taken to assist family members who are looking for their disappeared loved ones, to provide them with reparation – including psychosocial, economical and other support – and to bring perpetrators to justice. The Working Group notes some legislative progress, notably the criminalization of enforced disappearance in the Law on the Legal Status of Missing Persons, which introduced amendments to the Criminal Code of Ukraine. However, both the law and the Criminal Code of Ukraine should be improved to bring them fully into line with applicable international standards.

Impunity, in particular, is a serious problem; there have been no cases of perpetrators brought to justice for enforced disappearances. Investigations are usually initiated for cases where the persons allegedly responsible are identified as supporting the opposite side in the armed conflict, while there is no cooperation between the parties.

In the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation, the Russian Federation as the occupying Power, is responsible for the protection of the civilian population, as well as for the human rights violations committed therein, including enforced disappearances. The situation of human rights in Crimea is a matter of concern, also given that the Russian Federation continues to apply its laws to the residents of the peninsula – contrary to its obligations as an occupying Power under the Fourth Geneva Convention – and to deny access to the peninsula to international monitors, including the Office of the United Nations High Commissioner for Human Rights.

The Working Group reiterates its willingness to continue its constructive dialogue with the Government of Ukraine, and offers its unreserved support for the full implementation of the Declaration on the Protection of All Persons from Enforced Disappearance.

The Working Group reaffirms its solidarity with the victims of enforced disappearances, including the families of persons subjected to this heinous violation of human rights and grave criminal offence. Their continued suffering is living proof that enforced disappearance is a continuous violation until the fate and whereabouts of a forcibly disappeared person is clarified.