Weekly digest by the delegation of Ukraine to the OSCE, 20–26 March 2020

1. Developments related to the ongoing Russia’s aggression against Ukraine and illegal occupation of Crimea

Executive summary:

The Russian occupation authorities in Donetsk and Luhansk regions of Ukraine have introduced de‑facto ban of access of the SMM patrols across the contact line in Donbas, thus impeding the SMM’s implementation of its mandate.

For the period of 20–25 March, the Russian occupation forces unleashed fire against the positions of the Ukrainian Armed Forces on 46 occasions, including with the use of Minsk-proscribed 120- and 82‑mm mortars. Antitank missiles, IFVs, different grenade launchers, heavy machine guns and other small arms and lights weapons were also widely used. As a result of these acts of aggression, 7 Ukrainian servicemen were wounded. Ukrainian militaries opened adequate fire in response to the armed provocations to save lives of civilians and Ukrainian servicemen.

Violations of disengagement of forces and hardware by the Russian side continue, in particular in Petrivske disengagement area.

Illegal military exercises in the occupied Crimea were held by Russia on 19–20 March.

The Russian occupation authorities in Donbas and Crimea neglect safety of civilians related to spread of the COVID-19 pandemic.

President of the Russian Federation issued the Decree Nr. 201, which de-facto means that Ukrainian citizens living in the Russia-occupied Crimea would lose their ownership of land on the coast of the Crimean peninsula, which they legitimately obtained before occupation.

Friday, 20 March:

On 19–20 March, Russia held military exercises in the temporarily occupied Crimean peninsula (Ukraine) and adjacent territorial waters. They took place in a training field Opuk, involving 1.5 thousand airborne troops, artillery and tank units, military transport airplanes and combat helicopters, more than 300 pieces of armaments, military and special equipment, artillery systems, mortars, howitzers, airborne infantry fighting vehicles and UAVs. We remind that stationing of Russian troops in Ukraine’s Crimean peninsula and conduct of any military activities without the consent of Ukraine are illegal. Russia’s destructive policy of deliberate militarization of the Black Sea and the Sea of Azov region contravenes the fundamental OSCE principles and commitments, and further aggravates regional stability and security.

President of the Russian Federation issued the Decree Nr. 201, which in particular introduces a ban on land ownership for "foreigners, stateless persons and foreign legal entities" in almost all parts of the temporarily occupied Autonomous Republic of Crimea and city of Sevastopol (except Pervomaisk, Krasnogvardiysk and Bilogirsk districts, which have no access to the Black Sea and the Sea of Azov) because of "border regime" on these territories. The enactment of such decree means that citizens, who have not renounced the occupation compulsory citizenship of the Russian Federation, will lose their ownership of land on the coast of the peninsula, which they legitimately obtained before occupation. This decree should also be seen as part of coercive measures aimed at forcing the population of the occupied territories to renounce their Ukrainian citizenship in favor of the Russian one. We remind that according to Article 53 of the Geneva Convention on the Protection of Civilians, the Occupying State is prohibited from any destruction of movable or immovable property, whether individually or collectively owned by individuals or the State, or by other public institutions or social or cooperative organizations. In addition, such actions by the Occupying power are a violation of Article 1 of Protocol-1 to the ECHR on the protection of property rights, namely the violation of the right to peacefully own property. We call on the OSCE participating States to condemn these new violations by the Russian Federation of the international humanitarian law as well as economic and social rights of the population of the temporarily occupied Autonomous Republic of Crimea and city of Sevastopol (Ukraine).

The SMM informed in its daily report on “multiple tracks across an uncultivated field leading towards the border, in an area where there are no crossing facilities” near Cheremshyne and “fresh tracks of heavy wheeled vehicles on dirt roads leading towards the border, in an area where there are no crossing facilities” near Ulianivske. These findings by the SMM again confirm illegal crossings of the segment of the Ukrainian-Russian state border, temporarily uncontrolled by the Government of Ukraine, and testify to the ongoing support provided by Russia to its illegal armed formations in Donbas.

Saturday, 21 March:

The Russian occupation authorities in Donetsk region of Ukraine started to deny access of the SMM patrols across the contact line in Donbas, thus impeding the SMM’s implementation of its mandate. Later, similar denials of access followed in the occupied parts of Luhansk region.

Sunday, 22 March:

The Government of Ukraine, following its decision aimed to affect the spread of coronavirus infection, has temporarily suspended the crossing of the contact line in Donbas for individuals and vehicles: all the five existing entry-exit checkpoints were closed. At the same time, the duly exception was made for the crossing of the representatives of the monitoring missions of the OSCE, the UN, and the ICRC in accordance with the earlier established procedures.

The SMM reported on at least 80 anti-tank mines, assessed as belonging to the Russian armed formations, inside the disengagement area near Petrivske. Same day, the SMM “saw for the first time a Russian Federation flag on a guard post” at a checkpoint in Petrivske. We remind that demining was one of the key elements of disengagement, which took place in the three designated areas including Petrivske, and we condemn this another violation by Russia of its commitments.

All 14 weapons in violation of withdrawal lines in government-controlled areas of Donetsk and Luhansk regions reported by the SMM were observed while being moved on trucks and trailers, not in fighting positions. At the same time, the ability of the SMM to report on violation of withdrawal lines in the occupied parts of Donbas was undermined by the denials of access through the contact line introduced by the Russian side the same day. This situation will continue to significantly distort the statistics on the number of Minsk-proscribed weapons provided by the SMM for government-controlled and for Russia-occupied areas.

Monday, 23 March:

Health condition of Server Mustafaev, a political prisoner held by Russia, founder of Crimean Solidarity Movement, has deteriorated. He had high temperature, dry cough, and fever and no professional medical treatment. The MFA of Ukraine expressed its resolute protest to the failure of the Russian side to provide the necessary medical examination and treatment for Server Mustafayev. The Ukrainian side is concerned that the impact of the COVID-19 pandemic on health security in Russian prisons and occupied territories of Ukraine may be of systemic nature, posing a serious threat to the health and life of illegally detained Ukrainian citizens.

Tuesday, 24 March:

Head of the Office of the President of Ukraine Andriy Yermak met with Ambassadors of the G7 and EU countries. During the meeting, Andriy Yermak informed on the security situation in Donbas and spoke about the meeting of the Trilateral Contact Group held on March 11 in Minsk. The representatives of the G7 and EU countries reaffirmed willingness to continue active cooperation with Ukraine in all areas of mutual interest, as well as assured of the unwavering position in support of our country's reforms, territorial integrity and sovereignty.

The MFA of Ukraine issued its statement in connection with the denial of access of the OSCE SMM monitors to the temporarily occupied territories of the Donetsk and Luhansk regions of Ukraine. In it, the MFA has underlined that such actions of the occupation administration of the Russian Federation constitute a clear violation of the OSCE SMM mandate, contradict Minsk agreements, as well as the Commonly agreed conclusions of the Paris Summit in the Normandy format of 9 December 2019, according to which the SMM shall have safe and secure access throughout Ukraine in order to fully implement its mandate.

A number of human rights NGOs issued a joint statement on the COVID-19 in closed prisons in the occupied Crimea and Donbas under Russia’s effective control and called for an immediate response from international organizations. According to the available information, the command of the 1st Army Corps of the Russian occupation forces in Donbas has ordered to diagnose angina or pneumonia in any case of respiratory infection and fever among their servicemen. These attempts to conceal the spread of the COVID-19 will only deteriorate the situation of civilians in the occupied parts of Donbas.

The Russian armed formations opened fire using small arms in the Petrivske disengagement area. No response fire followed from the Armed Forces of Ukraine. We condemn this another violation of the Minsk agreements by the Russian side.

Wednesday, 25 March:

The SMM confirmed that the denials of its access by the members of the Russian armed formations in Donbas continue to take place at the checkpoints both in Donetsk and Luhansk regions. We reiterate that the restriction of the OSCE SMM access to the Russia-occupied parts of the Donetsk and Luhansk regions imposed under the pretext of preventive measures against the spread of coronavirus COVID-19 is unacceptable, including with regard to the safety of international observers.

The SMM weekly report again informed on the presence of members of the Russian armed formations wearing armbands with “JCCC” written on them inside the disengagement area near Stanytsia Luhanska. We remind in this regard that the TCG Framework Decision relating to disengagement of forces and hardware of 21 September 2016 allows only the presence of JCCC officers, to whom the Russian armed formations do not belong.

The SMM weekly report referred to 35 active restrictions of SMM’s freedom of movement, all but one in Russia-occupied areas of Donbas. As the report covers mostly the period before Russia’s introduction of ban of access of the SMM ground patrols across the contact line in Donbas, these numbers will only deteriorate in future. We again severely condemn persistent policy of violating SMM’s mandate pursued by the Russian side.

2. Other developments

Sunday, 22 March:

The illegal so-called “presidential elections” took place in Abkhazia region of Georgia, occupied by the Russian Federation. The MFA of Ukraine has strongly condemned them, as they were held under the full control of the aggressor-state, contrary to the international law and with no legal consequences. Ukraine consistently supports the sovereignty and territorial integrity of Georgia within its internationally recognized borders and calls on the Russian Federation to comply with all the provisions of the Ceasefire Agreement of August 12, 2008.