U.N. RIGHTS ADVOCATES PUBLISH MONITORING OF RELIGIOUS LIBERTY IN UKRAINE, PARTICULARLY IN CRIMEA AND THE DONBASS
Religiia v Ukraine, 21 September 2018
The office of the United Nations High Commissioner for Human Rights (HCHR) published a report on the situation concerning human rights in Ukraine in the period 16 May to 15 August 2018. Among other things, it speaks about freedom of religious convictions, a correspondent of the portal Religiia v Ukraine reports.
In the section "Freedom of religion or convictions" it is noted that "in the period of the report, the office of the HCHR documented six attacks on church buildings of the Ukrainian Orthodox Church of the Moscow Patriarchate. For example, on 5 August 2018 in Odessa, on the entry doors of three churches were written the words "Department of the F.S.B." The police opened criminal cases on two of these incidents.
Also in the Donbass, "on territory controlled by the two 'republics,' procedures for obligatory registration of all religious organizations are restricting the freedom of religion and convictions and evoke concern for the safety of parishioners." It is noted that on 21 June in Donetsk, the only active mosque was closed. "A search was conducted in the premises, religious literature was confiscated, and two Muslim parishioners were interrogated and forced to sign a promise not to depart from the territory that is controlled by the Donetsk People's Republic."
The HCHR notes that in Crimea "judicial prosecution is continuing on an accusation related to terrorism against Muslims suspected of membership in radical organizations and groups. In May 2018, the HCHR identified three new incidents of the arrest of men of the Crimean Tatars accused by the Russian Federation of belonging to Hizb ut-Tahrir. In all, since the beginning of the occupation, at least 33 residents of Crimea have been arrested for possible links with radical Muslim groups and four of them have been convicted."
In the report period, another ten persons accused of membership in Hizb ut-Tahrir are on trial in Rostov-on-Don (Russian Federation), in violation of international humanitarian law, that forbids forced resettlement of persons who are under protection from occupied territory, regardless of reason.
In the majority of cases documented by the HCHR, the charges against Muslims were based on the content of conversations among them while discussing the development of events in the world, religious works, Muslim culture, and the application of sharia law. In one of the cases known to the HCHR, authorities of the Russian Federation did not present any reliable evidence that the accused called for the use of force, violation of public order, or participation in illegal activity in Crimea. The office of the HCHR recalls that freedom to confess religion or convictions may be subjected to only such restrictions as are established by law and which are necessary for the maintenance of public safety, order, health, and morals, on a par with the basic rights and liberties of other persons.
The office of the HCHR draws these conclusions in particular:
"124. In Crimea, the government of the Russian Federation, as an occupying state, continued to violate its own obligations provided by international humanitarian law, with respect to human rights and basic liberties, principally from discriminatory practice and the retroactive application of laws of the occupying state, in violation of the human right to housing, freedom of religion, freedom of speech, and freedom of association. . . .
"126. The office of the HCHR notes sustained impunity for violation of human rights connected with the conflict in Ukraine. In this regard, the HCHR recalls that the government of Ukraine bears the main responsibility for investigating violations of the right to life, liberty, and privacy committed on its territory and for the corresponding judicial prosecution, and failure to fulfill this requirement may constitute a separate violation of article 2 of the International Pact on Civil and Political Rights." (tr. by PDS, posted 21 September 2018)
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