After the official visit to Ukraine on 28 May – 8 June 2018 of Prof. Nils Melzer, UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Preliminary Observations and Recommendations were promulgated, particularly on tortures and cruel treatment in Crimea.
In preparing his official visit to Ukraine, Special Rapporteur sought access to the Autonomous Republic of Crimea on the basis of the UN General Assembly resolutions 68/262, 71/205 and 72/190 and received the authorization of the Ukrainian authorities. The Russian Federation responded positively to request of Special Rapporteur but required that such access take place in accordance with the procedures required for an official visit to the national territory of the Russia. Therefore, Special Rapporteur was unable to access the Crimea in the framework of his visit to the Ukraine.
Special Rapporteur met with a number of persons who left the Autonomous Republic of Crimea, allegedly after having been subjected to severe acts of torture and ill-treatment at the hands of Russian law enforcement officers. According to the information received, Crimean Tatars were particularly targeted, especially those who boycotted the March 2014 “referendum”, under the justification of fighting extremism. Special Rapporteur was seriously concerned at information he received according to which a large number of prisoners and pre-trial detainees are reported to have been transferred to the Russia, in apparent contravention to international humanitarian law.
However, without access to Crimea in the context of Special Rapporteur`s present official visit to the Ukraine, he unfortunately was unable to document allegations of torture and ill-treatment relating to that territory with sufficient reliability.
Special Rapporteur urged the Russia to take all measures necessary to ensure the protection of the rights of all residents of Crimea in accordance with its international legal obligations and, in particular, to prevent any discriminatory measures and practices, arbitrary detention, torture and other cruel, inhuman or degrading treatment or punishment. Special Rapporteur further urged the Russian Federation also to ensure the prompt and unimpeded access of independent and impartial international human
In accordance with Art. 3 common to the four Geneva Conventions Special Rapporteur strongly recommended that, without prejudice to their respective legal status, all parties to the conflict in the Ukraine endeavour to bring into force, by means of special agreements, the other provisions of the Geneva Conventions, including the obligation to allow visits by the International Committee of the Red Cross to all persons deprived of their liberty.