YouSaid · the spoken record

Brands Kehris

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30
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2022-09-07
most recent
2023-11-17
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3
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un-security-council

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  1. Those cases of alleged torture of the clergy fit into a pattern of widespread torture of civilian detainees, as publicly reported by the Human Rights Monitoring Mission in Ukraine. Concerns regarding the enjoyment of the freedom of religion in Ukraine, including in occupied territory, have increased since February 2022. Restoring peace and respect for the Charter of the United Nations and international law is urgent. While the war and occupation persist, we call on all parties to ensure that all people in Ukraine have full freedom to manifest and practice their religion or belief, in line with international human rights law.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  2. Last month, the documented arbitrary detention of two priests from the Orthodox Church of Ukraine in the occupied Donetsk oblast was reported. They were accused of anti-Russian and extremist behaviour for publicly expressing support for the Ukrainian authorities. The latest periodic report of the Human Rights Monitoring Mission, which was issued in October, included the arbitrary detention of two Orthodox clergymen in occupied territory, one of whom reported having been tortured. In May of this year, a pro-Ukrainian priest from the Kherson oblast was released after spending 262 days in detention, where he was reportedly tortured. Formal charges were never brought against him, but he reported having been questioned repeatedly about why he conducted church services in Ukrainian and prayed for Ukrainian forces.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  3. Most recently, on 24 August 2023, following house searches, the Federal Security Service of the Russian Federation arrested six Crimean Tatar men for their alleged membership of Hizb ut-Tahrir. After 24 February 2022, Russian authorities arrested 18 Crimean Tatar men in Crimea for suspected involvement with Hizb ut-Tahrir. They potentially face long-term sentences in prison. We have also seen that occupying authorities have taken action against the Orthodox Church of Ukraine. In Simferopol, the occupying authorities evicted the Orthodox Church of Ukraine from the Cathedral, depriving parishioners of their last place of worship in the city. Our Human Rights Monitoring Mission in Ukraine has reported individual cases of arbitrary detention and torture of clergymen in occupied territory.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  4. However, the Russian Federation applies its own laws in occupied territory, which has resulted in restrictions on religious minorities. Previous reports of the Human Rights Monitoring Mission in Ukraine have also documented cases of enforced disappearance, arbitrary detention, torture and other ill-treatment and unlawful deportation perpetrated by Russian armed forces against the clergy and members of Ukrainian Greek Catholic and Christian Evangelical communities in the Zaporizhzhya, Kherson and Kharkiv regions. In Crimea, Russian authorities have prosecuted members of Jehovah’s Witnesses and Hizb ut- Tahrir — two organizations that are prohibited in the Russian Federation, but not in Ukraine — sometimes sentencing them to long prison terms. Since February 2022, we have documented the prosecution of nine members of Jehovah’s Witnesses.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  5. As a next step, we would urge lawmakers to clearly define the specific legitimate aim of the proposed restrictions and ensure their necessity and proportionality and revise the text accordingly. I invite Ukrainian lawmakers to make use of the expert analysis of the United Nations and other international organizations — as they have done for other laws — to assess whether the proposed means are clearly defined and the least intrusive ones possible for achieving the specific aim, and whether the proposed amendments comply with international legal standards. OHCHR also has serious concerns about the freedom of religion in the Ukrainian territory occupied by the Russian Federation. International humanitarian law obliges the occupying Power to respect the laws in force in the country.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  6. That would establish a procedure for the dissolution of “religious organizations affiliated with influence centres, the management of which is located in a country [that] carries out armed aggression against Ukraine.” The draft law is now being considered in a committee in preparation for a second reading. We urge lawmakers to carefully consider article 18 of the International Covenant on Civil and Political Rights and the related Human Rights Committee jurisprudence. International law permits restrictions on the freedom to manifest religion only if they are prescribed by law and necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. That is to be narrowly interpreted, and limitations must be directly related and proportionate to the specific purpose pursued.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  7. Our findings have come in the context of our broader reporting on due process and fair trial issues that have arisen in proceedings against conflict-related detainees as a whole. Thirdly, OHCHR is closely monitoring how legislative developments in Ukraine may impact the enjoyment of the freedom of religion and, as in previous Human Rights Monitoring Mission reports, has previously expressed concern over the cumulative impact of the Government actions targeting the Ukrainian Orthodox Church that could be discriminatory. In October 2023, Ukraine’s Parliament approved in its first reading a set of draft amendments to the law on religious organizations.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  8. Secondly, since February 2022, of the over 6,600 criminal cases brought against individuals for collaboration and other conflict-related crimes in Ukraine, 68 have involved Ukrainian Orthodox Church clergy members, according to Ukrainian authorities. OHCHR is monitoring 44 of those cases. It is particularly important to ensure full respect for due process and fair trial rights in those extremely sensitive cases. In at least 26 cases involving Ukrainian Orthodox Church clergy members, we have identified concerns regarding the fairness of the criminal proceedings, such as the accused not having access to a lawyer during a search of his home, or pressure from prosecutors to confess in order to obtain lighter charges or be included in a prisoner exchange.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  9. Regrettably, Ukrainian law enforcement’s response in those cases has been inadequate, failing to sufficiently investigate incidents and take action to protect members of the Ukrainian Orthodox Church. Half of those incidents occurred in March and April of this year, and the number of incidents subsequently decreased. In that regard, the recommendations in the Human Rights Committee concluding observations on Ukraine from February 2022 (CCPR/C/UKR/CO/8) are still relevant, including the protection of places of worship against acts of violence, intimidation and vandalism and ensuring that all cases of violence are thoroughly and promptly investigated and that those responsible are sanctioned.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  10. Tensions between the Ukrainian Orthodox Church, which has historic links to the Moscow Patriarchate of the Russian Orthodox Church, and the Orthodox Church of Ukraine, which obtained autocephaly under the Constantinople Patriarchate in 2019, including over ownership of land and buildings, increased following the Russian Federation’s full-scale armed attack in February 2022, in some cases manifesting in violent incidents. Those tensions have affected the freedom of religion in the territory controlled by the Government of Ukraine, as documented in consecutive recent Human Rights Monitoring Mission reports. First, since February 2022, OHCHR has documented 10 cases of physical violence and six cases of threatened violence resulting from disputes between parishioners of different Orthodox communities.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  11. The conflict has also inflicted extensive damage on Ukrainian civilian infrastructure, homes, schools and medical facilities, and in recent months the port facilities and grain silos that enable Ukraine to export food. As winter approaches and temperatures start to drop below freezing, humanitarian needs will be magnified. The most vulnerable — the elderly, those with disabilities and the displaced living in collective centres — will be the most at risk. The impact of the war extends beyond the high casualties and broad physical destruction, reaching deep into the fabric of Ukrainian society. It is in that context that we are also monitoring the situation of the freedom of religion across Ukraine, in both territory controlled by the Government of Ukraine and territory occupied by the Russian Federation.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  12. Ms. Brands Kehris: Precisely 10 months ago, on 17 January, I briefed the Security Council as a representative of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on issues related to the freedom of religion or belief and the broader human rights dimension of the war in Ukraine (see S/PV.9245). Since my previous briefing, the civilian toll of the full-scale armed attack by the Russian Federation against Ukraine has unfortunately further increased considerably. To date, OHCHR has recorded nearly 10,000 civilians killed and over 18,000 injured, as compared to 7,000 and 11,000, respectively, reported to the Council on 17 January.

    2023-11-17 · UN Security Council · Security Council, S/PV.9481 (2023) · source

  13. We call on both parties to respect and ensure that the rights to the freedoms of opinion and expression, peaceful assembly, association and religion can be exercised without discrimination by all. As the one-year anniversary of this conflict approaches, we appeal for respect for the sanctity of life, for human dignity and for respect for the principle of humanity. To that end, international human rights law and international humanitarian law must be respected at all times by parties to the conflict, and the principles of the Charter of the United Nations must be upheld.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  14. We urge the Ukrainian authorities to ensure that any such searches in premises and places of worship be in full compliance with international law, that fair trial rights be given to those facing criminal charges and that any criminal sanctions be compatible with the rights of the freedom of opinion, expression and religion. We are concerned that two draft laws recently introduced in the Parliament — draft law No. 8221 and draft law No. 8262 — could undermine the right to the freedom of religion or belief as enshrined in article 18 of the International Covenant on Civil and Political Rights. We recall that, under international human rights law, any limitations to the right to manifest one’s religion or belief must be prescribed by law, necessary and proportionate.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  15. Among the array of human rights concerns and violations that OHCHR has documented since the start of this war, we are concerned about restrictions on the freedom of religion and the freedom of association across Ukraine, in both territory controlled by the Government and territory occupied by the Russian Federation. While tensions between Orthodox communities in Ukraine existed for decades, they deteriorated following the Russian Federation’s armed attack against Ukraine, and there have been some worrisome recent developments. In November and December, the Security Service of Ukraine conducted searches in premises and places of worship of the Ukrainian Orthodox Church. At least three clergy are now facing criminal charges, including for treason and denial of the armed aggression of the Russian Federation against Ukraine.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  16. Since 24 February 2022, our Office has recorded 498 civilians killed, including 25 children, and 1,675 injured, including 117 children. In December 2022 alone, we documented five cases of injuries among children caused by multiple-launch rocket systems and shelling in Donetsk. We urge all parties to ensure full compliance with international humanitarian law principles of distinction, proportionality and precaution, including by refraining from using explosive weapons in populated areas. I wish to add the principle under international humanitarian law of special protection accorded to children, as persons who are particularly vulnerable.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  17. The Russian Federation’s strikes targeting Ukrainian critical infrastructure since 10 October 2022 have now killed at least 103 civilians and injured at least 371, as verified by our Office. The strikes have damaged or destroyed half of the energy infrastructure system of Ukraine, resulting in significant electricity and water shortages across the country. By restricting civilians’ access to water, electricity, essential communications and heating, the enjoyment of the rights to health, to an adequate standard of living and the right to life is severely compromised. Civilians in parts of the Donetsk and Luhansk regions occupied by the Russian Federation have also suffered from intense shelling by Ukraine in densely populated areas in recent months.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  18. To date, the Office of the United Nations High Commissioner for Human Rights (OHCHR) has recorded more than 7,000 civilians killed and more than 11,000 injured since 24 February 2022. The actual figures are considerably higher. Last Saturday, a missile struck a residential building in a densely populated area of Dnipro. We have verified that the attack, one of the deadliest to date, killed at least 45 civilians, including six children, and injured at least 79. A 1-year-old boy was killed with his father. A 3-year-old girl, her 13-year-old sister and their mother were also killed. A young woman who was injured in the attack lost both her parents, and a 9-year- old boy and his teenage sister were injured and lost both parents. With two dozen people still missing, including four children, the death toll is expected to rise.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  19. Ms. Brands Kehris: I wish to thank the members of the Security Council for the opportunity to brief them on the human rights dimension of the subject of today’s open meeting. It is my pleasure to represent the United Nations High Commissioner for Human Rights, Volker Türk, who regrets that he is unable to attend due to travel and related logistical challenges. The armed attack by the Russian Federation against Ukraine and the ensuing hostilities have brought the most severe forms of human rights and international humanitarian law violations into the everyday lives of people in Ukraine, putting at risk countless lives and causing massive displacement and destruction of civilian infrastructure.

    2023-01-17 · UN Security Council · Security Council, S/PV.9245 (2023) · source

  20. We urge the Russian Federation to grant unimpeded and confidential access to our Office and other independent international monitors to all places of detention under their control, notably to places where people who underwent filtration are being detained. The Russian Federation is also called upon to provide representatives of international human rights and humanitarian organizations with unhindered, timely and safe access to persons from conflict-affected areas of Ukraine who are now in the Russian Federation or in areas of Ukraine occupied by the Russian Federation. Lastly, we urge the international community to continue supporting the citizens and residents of Ukraine who have had to flee their homes.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  21. OHCHR is closely monitoring the situation in Ukraine and the broader region, paying particular attention to groups in vulnerable situations and at higher risks of human rights violations, including trafficking. Risks of trafficking can also arise at a later phase when people have exhausted their savings or when States reduce the scope of their protection or social assistance. Receiving States should put in place systematic protection and security measures, such as gender-based violence risk mitigation with elements of prevention, reporting and services for survivors of violence, including trafficking and other forms of exploitation.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  22. Since 24 February, we have documented a significant deterioration in access to adequate housing, social security and livelihood opportunities for displaced persons, in particular for people and groups in vulnerable situations, including persons with disabilities, Roma people and older persons. Many of them are staying for prolonged periods of time in degrading conditions in ill-equipped short-term shelters. We also have concerns that the deterioration of the economic situation, mass displacement and destruction of social ties have heightened risks of sexual violence and trafficking, especially for women and girls, who make up the vast majority of refugees.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  23. Our Office has been seeking access to individuals detained after failing to pass filtration and to those who reportedly passed filtration but were nevertheless detained and sent to a centre for evacuees in Bezimenne, in the Donetsk region, close to the border with the Russian Federation. OHCHR has not been granted access to those individuals and is concerned that they may be subjected to torture or ill-treatment while being held incommunicado. Forced displacement entails great risks for civilians. It not only gravely impacts their lives, dignity and health, but also negatively affects their economic and social rights.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  24. OHCHR has documented that men and women perceived as having ties with Ukrainian armed forces or State institutions, or as having pro-Ukrainian or anti-Russian views, were subjected to arbitrary detention, torture, ill-treatment and enforced disappearance. They were transferred to penal colonies, including the now infamous penal colony near Olenivka, and pre-trial detention centres, where they were interrogated and sometimes tortured to extract a so-called confession of their active cooperation with the Government of Ukraine. Some detainees were released after one or two months, while others remain detained as of today, with little or no information for their families about their whereabouts and fate.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  25. In cases that our Office has documented, during filtration, Russian armed forces and affiliated armed groups have subjected persons to body searches, sometimes involving forced nudity, and detailed interrogations about the personal background, family ties, political views and allegiances of the individual concerned. They examined personal belongings, including mobile devices, and gathered personal identity data, pictures and fingerprints. In some cases, those awaiting filtration spent nights in vehicles or in unequipped and overcrowded premises, sometimes without adequate access to food, water or sanitation. We are particularly concerned that women and girls are at risk of sexual abuse during filtration procedures.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  26. Individuals subjected to filtration include those leaving areas of ongoing or recent hostilities and those residing in, or moving through, territory controlled by Russian armed forces and affiliated armed groups. Although security checks are not prohibited under international humanitarian law, we are concerned that such checks — and detentions that may follow — take place outside any legal framework and do not respect the principles of necessity and proportionality. According to credible reports received by OHCHR, the practice has resulted in numerous human rights violations, including of the rights to liberty, security of person and privacy.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  27. Under article 50 of the Fourth Geneva Convention, the Russian Federation is prohibited from changing the personal status of those children, including their nationality. Moreover, we are particularly concerned that the announced plans of the Russian authorities to allow the movement of children from Ukraine to families in the Russian Federation do not appear to include steps for family reunification or to ensure respect in other ways for the principle of the best interests of the child. Our Office has verified that Russian armed forces and affiliated armed groups subject civilians to so-called filtration, a system of security checks and personal data collection.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  28. For those who have been taken to remote regions of the Russian Federation, the costs of return may be particularly prohibitive. OHCHR notes that, in situations where persons have been ordered by the occupying Power to evacuate for their own safety or for imperative military reasons, those who wish to return must be brought back to their homes as soon as hostilities have ceased. There have been credible allegations of forced transfers of unaccompanied children to Russian occupied territory, or to the Russian Federation itself. We are concerned that the Russian authorities have adopted a simplified procedure to grant Russian citizenship to children without parental care and that those children would be eligible for adoption by Russian families.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  29. Our Office has documented a significant number of cases of civilians who were displaced to the Russian Federation, including about a dozen cases where members of the Russian armed forces and affiliated armed groups ordered civilians in Mariupol to leave their homes or shelters and took them either to territory in Ukraine under their control or to the Russian Federation. Once displaced in the territory of the Russian Federation, in the cases documented by the Office of the United Nations High Commissioner for Human Rights (OHCHR), civilians have had freedom of movement. Many Ukrainians have chosen to either travel onward to other countries or to return to Ukraine. However, those who chose to return to Ukraine were not provided with financial resources or other support to do so.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source

  30. Ms. Brands Kehris: The armed attack by the Russian Federation against Ukraine, which began on 24 February 2022, has resulted in the mass forced displacement of civilians in Ukraine. Some 7 million people are internally displaced in Ukraine, and millions more have sought refuge outside of the country. Intense hostilities, including the large-scale destruction of critical civilian infrastructure and housing, has forced many people to flee their homes. Human rights violations in territory occupied by the Russian Federation or controlled by affiliated armed groups have also caused people to flee. Such conditions have led to a situation in which those fleeing danger often felt compelled to evacuate in whichever direction was possible, irrespective of their preferences.

    2022-09-07 · UN Security Council · Security Council, S/PV.9126 (2022) · source