Ukraine: Lives lost in an accountability vacuum – UN
Rapporteur on summary executions
KYIV / GENEVA (18 September 2015) – The United Nations
Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof
Heyns, today called on the Ukrainian Government and the armed groups operating
in the country to put into place a proper system of accountability in order to
bringing the current cycle of violence to an end.
“Thousands of people have died in Ukraine over the last two
years, both in the context of a brutal armed conflict in eastern Ukraine and in
the rest of the country, Mr. Heyns said at the end of his first official visit*
to the country, where he examined the level of protection of the right to life,
including the efforts undertaken to prevent unlawful killings and ensure
justice and redress in such cases.
The armed confrontation between Ukrainian forces and armed
groups, which has a strong international dimension, has taken an especially
heavy toll on civilians. During his ten-day visit to the country, the
Rapporteur was able to visit both sides of the ‘contact line’. He met with
officials and others, and observed the effects of the shelling, raising
concerns that many civilian causalities could have been avoided if parties to
the conflict had taken stronger measures to mitigate such losses.
“I am particularly concerned by the allegations of
indiscriminate shelling, armed forces of both sides taking positions and
placing artillery in civilian-populated areas (including at schools and
hospitals) and the use of weapons with indiscriminate effects,” the expert
said. “There is however very little evidence that either the Government or the
armed groups investigate any of these allegations – instead they point fingers
at each other. Those allegations ring hollow if not contrasted with
investigations on their own side.”
The ceasefire negotiated at Minsk in February 2015 has
largely been observed during the last few weeks. “The opportunity should be
used by both sides to put measures into place to reduce the toll that the war
is exacting from everyone concerned,” he stressed.
The Special Rapporteur noted that there are also credible
allegations of serious violations taking place in Crimea, the status of which
is prescribed by General Assembly resolution 68/262, since February 2014.
Global attention was drawn to Ukraine nearly two years ago
when a mass demonstration in the centre of Kyiv resulted in the deaths of more
than 100 people. Only a few months later groups of demonstrators participating
in another mass demonstration clashed in Odessa, resulting in the deaths of at
least 48 people, many trapped in a burning building.
“Ukrainian authorities – former and present - had
responsibilities to protect life both at Maidan and during the events of 2 May
in Odesa, and their failure to do so had tragic results,” Mr Heyns said. “Those
shortcomings are only exacerbated by the subsequent failure properly to
investigate the cause of these deaths in the aftermath, and to take steps aimed
at redress.”
According to the expert, the legal framework for the
protection of the right to life is largely in place, but its implementation
seems highly problematic as there are accountability failures for violations of
these norms on many levels. “The Security Service of Ukraine has been the
subject of widespread allegations—and seems to be above the law,” he noted.
The human rights expert made a range of recommendations to
improve the level of accountability in the country. “Merely pointing to legal
provisions is not good enough”, he said. “But I take heart from a high ranking
official who told me: ‘Things do not always happen as we want them to.’”
“Ukraine faces serious challenges, and violations will
almost inevitably occur,” the Special Rapporteur said. “The only way forward is
for all parties actively to confront that fact and to ensure that a functioning
system of accountability for a common set of standards is put into place.”
(*) Check the Special Rapporteur’s full end-of-mission
statement, including his preliminary recommendations:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16460&LangID=E
ENDS
The Special Rapporteur on extrajudicial, summary or
arbitrary executions, Christof Heyns (South Africa), is a director of the
Institute for International and Comparative Law in Africa and Professor of
Human Rights Law at the University of Pretoria, where he has also directed the
Centre for Human Rights, and has engaged in wide-reaching initiatives on human
rights in Africa. He has advised a number of international, regional and
national entities on human rights issues.
Learn more, log on to:
http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
UN Human Rights, Country Page – Ukraine:
http://www.ohchr.org/EN/Countries/ENACARegion/Pages/UAIndex.aspx
For more information and media requests, please contact: In
Geneva, Brenda Vukovic (+41 22 917 9635 / bvukovic@ohchr.org). In Kyiv: Sergii
Kurnosenko (+380 95 275 27 13 / skurnosenko@ohchr.org) or Jon Izagirre García
(+41(0) 797520485 / jizagirre@ohchr.org)
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xcelaya@ohchr.org)
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