23 January 2015
Spokesperson for the UN High Commissioner for Human Rights:
Rupert Colville
Location: Geneva
Subjects: (1)
Ukraine
(2)
Democratic Republic of the Congo
(3) El Salvador
(1) Ukraine
More than 5,000 people have now been killed since the
beginning of the conflict in Ukraine in mid-April last year. The significant
escalation of hostilities in Ukraine since 13 January has taken the total death
toll in the country to at least 5,086 – and we fear that the real figure may be
considerably higher. At least 10,948 people have also been wounded between
mid-April last year and 21 January 2015.*
In just nine days, between 13 and 21 January, at least 262
people were killed due to the hostilities. That is an average of at least 29
people killed per day. This has been the most deadly period since the
declaration of a ceasefire on 5 September.
In addition to the intense fighting and shelling in the
Donetsk region, particularly around the airport where tanks and heavy artillery
have reportedly been used by both sides, shelling has also been reported in
several towns of Luhansk region. The killing of civilians when an artillery shell
hit a bus stopping for passengers in the Leninskyi district of Donetsk
yesterday has brought into stark focus the impact of the ongoing hostilities on
civilians. This was the second bus to have been struck, with significant
casualties, in the last 10 days.
We are concerned about the lack of implementation of the 12
provisions of the Minsk Protocol and the continuing presence of foreign
fighters in the east, allegedly including servicemen from the Russian
Federation, as well as the presence of heavy and sophisticated weaponry in
populated areas under the control of armed groups. Civilians held or trapped in
these areas are subject to a total lack of respect for human rights and the
rule of law. We remind all parties to the conflict that international humanitarian
law prohibits the targeting of civilians and requires that all necessary
measures be taken to ensure the safety and protection of civilians, and that
the principles of military necessity, distinction, proportionality and
precaution be strictly respected.
We are also concerned about the impact on civilians of the
recent decision by the National Security and Defence Council of Ukraine to
restrict movement in and out of the areas controlled by armed groups. As of 21
January, people travelling to and from these areas need to obtain special
passes and provide documents to justify the need to travel. These limitations
are worrying, especially in light of the escalating hostilities. It adds to
concerns created by the Government decision in November 2014 to discontinue
providing State services in the territories controlled by armed groups. The
introduction of such restrictions will likely have a severe effect on the most
vulnerable groups, such as older people, mothers with children and people with
disabilities who may depend heavily on social benefits. We urge Ukrainian
authorities to take immediate steps to redress this situation.
* The casualty figure is a conservative estimate of the HRMU
and WHO based on available official data: casualties of the Ukrainian armed
forces as reported by the Ukrainian authorities; 298 people from flight MH-17;
and casualties reported by civil medical establishments of Donetsk and Luhansk
regions: civilians and some members of the armed groups. HRMU and WHO believe
that the actual numbers of fatalities are considerably higher.
(2) Democratic Republic of the Congo
We are alarmed by the apparent excessive use of force by law
enforcement officials in the Democratic Republic of the Congo, where more than
13 people have been killed and more than 30 injured in the context of several
days of demonstrations in Kinshasa, and Goma.
The protests, which began on 19 January against the passing
of an electoral bill in the lower house of the legislature, have also resulted
in the detention of more than 300 individuals across the DRC including
prominent members of the opposition and civil society representatives. The
electoral bill is now before the Senate and there are fears that its passage
may escalate the situation and result in more violence. The bill requires the
conduct of a national census before the holding of elections. There are fears
that this could considerably postpone the next elections, which are currently
scheduled to be held in 2016.
We urge the Government to promptly conduct a thorough and
independent investigation into any excessive use of force by law enforcement
officials – and in particular the reported use of live ammunition against
protestors. Any use of force during demonstrations must be exceptional and,
when used, must be proportional and strictly necessary. The intentional lethal
use of firearms may only be made when strictly unavoidable in order to protect
life.* We also call on the protestors to refrain from any acts of violence or
vandalism.
State authorities have also restricted Internet and mobile
text messaging services for more than three days now, not only disrupting
communication between individuals but also creating disruption in the conduct
of economic activities, like banking. We remind the authorities that it is the
duty of the State to ensure that the rights to freedom of expression and
peaceful assembly are respected.
We also call on the authorities to promptly release all
those who have been detained for exercising their right to peaceful assembly,
for expression of their views, for their affiliation with the opposition or for
disagreeing with the amendments to the electoral bill. The right to vote in
genuine, periodic elections is a fundamental human right enshrined in the
Universal Declaration on Human Rights and International Covenant on Civil and
Political rights. We will continue to monitor the situation through the UN
Joint Human Rights Office in the DRC.
(3) El Salvador
We welcome the ground-breaking decision of the Salvadorian
Legislative Assembly to pardon Carmen Guadalupe Vásquez Aldana
("Guadalupe"), a 23-year-old domestic worker who suffered a
miscarriage at the age of 18 after reportedly being raped and was convicted of
aggravated homicide after her crime was reclassified from "abortion"
to "aggravated homicide" during her trial. Her petition was one of 17
cases presented before the Supreme Court in 2014 requesting pardons for women
who are imprisoned on similar charges. The pardon was granted on 21 January
following a complex judicial review by the Supreme Court of Justice, which also
required a majority plenary vote by the Legislative Assembly. Guadalupe had
served seven years of her 30 year sentence.
El Salvador has a complete ban on and criminalizes abortion,
even when the woman's life or health is at risk or in cases of rape or incest.
Human rights mechanisms, including treaty bodies and special procedures, have
regularly expressed serious concern about the total ban and criminalization of
abortion in El Salvador, and its impact on women's right to be free from
discrimination as well as their rights to life and to health among other human
rights.
We are encouraged by the decision to pardon Guadalupe and
welcome the steps taken to review each case in line with due process standards.
We hope that other imprisoned women in El Salvador who received similar
convictions will be freed and that efforts will be made to reform the legal
framework on sexual and reproductive rights in line with the recommendations of
numerous human rights bodies.
ENDS
For more information or media requests, please contact
Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or Ravina Shamdasani
(+41 22 917 9169 / rshamdasani@ohchr.org).
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