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Reports of the Office of the United Nations High Commissioner for Human Rights

7 января 2022 г.
ВинницкаяДОКУМЕНТИРУЕТСЯ
Reports of the Office of the United Nations High Commissioner for Human Rights

Reports of the Office of the UN High Commissioner for Human Rights

The Office of the UN High Commissioner for Human Rights regularly documents violations of the rights of believers and clergy of the Ukrainian Orthodox Church by the Ukrainian authorities.

Almost every public report submitted by the organization contains documented instances of crimes committed against Orthodox Christians.

Both the UN High Commissioner for Human Rights, Volker Türk, and independent human rights defenders with a UN mandate have repeatedly criticized the totalitarian practices of the Ukrainian authorities.

UN monitoring missions have documented raids on UOC churches by OCU activists, violations of believers' rights by government officials, and criticized Law of Ukraine No. 3894, better known as the law banning the UOC.

On March 24, 2023, the OHCHR published its "Report on the human rights situation in Ukraine from August 1, 2022 to January 31, 2023."

Report

Summary Section

Page 3, paragraph 16

The Office of the United Nations High Commissioner for Human Rights (OHCHR) documented searches conducted by the Security Service of Ukraine (SBU) as "security measures" at several monasteries, offices, educational institutions, and other property of the Ukrainian Orthodox Church (UOC).

The OHCHR expresses concern that the authorities' actions against the Ukrainian Orthodox Church may be discriminatory.

The OHCHR also reiterates the need to ensure that all individuals facing criminal charges enjoy the full range of inalienable rights to a fair trial.

Section "Freedom of Religion or Belief"

Page 31, paragraphs 110, 111, 112, 113.

"During the reporting period, three bills on these topics were registered in parliament.

Bill No. 8221 prohibits the Russian Orthodox Church, as well as the activities of religious organizations organizationally or canonically associated with it, and prohibits them from leasing state or private property in Ukraine. The bill also prohibits the use of the term "Orthodox" in the names of religious organizations not affiliated with the Orthodox Church of Ukraine.

The Office of the UN High Commissioner for Human Rights notes that due to vague legal terminology and a lack of sufficient justification, the restrictions on religious freedom contained in the draft law cannot be considered "prescribed by law" and "necessary" within the meaning of Article 18(3) of the International Covenant on Civil and Political Rights (ICCPR).

Draft Law No. 8262 simplifies the procedure for religious communities to transfer from one religious organization to another by waiving certain formal requirements. It also includes provisions prohibiting religious organizations affiliated with decision-making centers in the Russian Federation from leasing state and municipal property.

Draft Law No. 8371 establishes the procedure for dissolving religious organizations affiliated with the Russian Federation. It refers to them as "religious organizations affiliated with centers of influence whose management is located outside of Ukraine, in a country carrying out armed aggression against Ukraine."

The SBU conducted searches (some of which it described as "security measures") at several monasteries, offices, educational institutions, and other property of the Ukrainian Orthodox Church (UOC) in the Kyiv, Rivne, Zhytomyr, Ivano-Frankivsk, Chernivtsi, Dnipropetrovsk, Khmelnytskyi, Cherkasy, Volyn, Kherson, Ternopil, Poltava, and Zakarpattia regions. In some cases, SBU officers interrogated several clergy using a polygraph.

The SBU confirmed that at least three notices of suspicion were issued to UOC clergy – two under Article 161 of the Criminal Code (violation of equality of citizens based on race, nationality, religion, disability, or other grounds) and one with multiple charges, including encroachment on the territorial integrity and inviolability of Ukraine and denial of the armed aggression of the Russian Federation against Ukraine.

At least two suspects are under 24-hour house arrest. The Office of the United Nations High Commissioner for Human Rights is concerned that the state's actions against the Ukrainian Orthodox Church may be discriminatory.

The Office of the United Nations High Commissioner for Human Rights also reiterates the need to ensure that all persons facing criminal charges enjoy the full range of applicable fair trial rights.

On June 13, 2023, OHCHR published its "Report on the human rights situation in Ukraine from 1 February to 30 April 2023."

Report

Summary Section

Page 1

During the reporting period, the number of cases of violence against members and supporters of the Ukrainian Orthodox Church (UOC) increased. Furthermore, several regional councils banned the activities of the UOC.

Section "Situation around the Ukrainian Orthodox Church"

Page 6

During the reporting period, the government and local authorities took a number of measures against the Ukrainian Orthodox Church (UOC).

In particular, authorities conducted searches of religious buildings and other UOC properties, served notices of suspicion on clergy, and placed several of them under house arrest, including one of the UOC's senior hierarchs.

In addition, the Ministry of Culture prematurely terminated the lease agreement with the Ukrainian Orthodox Church for the state-owned Kyiv-Pechersk Lavra.

The authorities heeded the UN's advocacy efforts and refrained from actions that could lead to violence, not forcibly evicting the UOC from the Lavra by the established deadline of March 29.

In April 2023, the city and regional councils of the Khmelnytskyi, Rivne, and Volyn regions banned "UOC activities" in their respective territories, following the regional councils of the Lviv, Zhytomyr, Vinnytsia, and Ternopil regions, even though such a ban goes beyond the authority of the local councils.

Many local councils also petitioned to terminate leases of municipal property with the UOC. The HRMMU is concerned that the cumulative impact of government actions against the UOC could be discriminatory.

Furthermore, in April 2023, the HRMMU documented a surge in "hate speech" and several incidents of violence against members of the UOC.

Government officials, bloggers, and opinion leaders used discriminatory and inflammatory rhetoric and openly called for violence against clergy and supporters of the Ukrainian Orthodox Church.

During the reporting period, the government and law enforcement agencies failed to effectively address incidents involving "hate speech."

On October 4, 2023, the OHCHR published its "Report on the human rights situation in Ukraine from February 1 to July 31, 2023."

Report

Summary Section

Page 3, paragraph 16

In territory controlled by Ukraine, the Government and local authorities took a number of measures against the Ukrainian Orthodox Church (UOC), including terminating the lease of the state-owned Kyiv Pechersk Lavra.

The OHCHR documented 10 cases of physical violence and six cases of threats resulting from conflicts between parishioners of different Orthodox Christian communities, with tensions reaching a particularly high level in March-April 2023.

In the occupied territory, Russian armed forces detained a UOC priest, and his whereabouts remained unknown as of July 31.

Section "Freedom of Religion or Belief"

Page 32, paragraphs 114-117

During the reporting period, the Government of Ukraine and local authorities took a number of measures against the Ukrainian Orthodox Church (UOC).

In particular, the authorities searched religious buildings and other UOC properties, served notices of suspicion, and applied preventive measures to priests, including one of the UOC's leading hierarchs.

Several local and regional councils also banned "UOC activities" in their respective territories.

Furthermore, the Ministry of Culture and Information Policy prematurely terminated the agreement with the UOC for the use of the state-owned Kyiv Pechersk Lavra, citing a breach of contract. However, the authorities failed to evict the UOC from the Lavra within the deadline set for vacating its premises.

As of July 31, 2023, parishioners still had access to some Lavra buildings for religious services.

Furthermore, during the reporting period, OHCHR documented 10 cases of physical violence and six cases of threats resulting from conflicts between parishioners of different Orthodox Christian communities.

These tensions reached a particularly high level in March and April 2023, with 50 percent of documented incidents occurring during these two months. For example, on March 28 in Ivano-Frankivsk, perpetrators deployed tear gas inside a UOC church where clergy and parishioners had gathered. Several people were injured, and at least one priest was hospitalized. Although police were five meters away from the scene, they failed to separate the participants and prevent the violence.

In one incident, a woman suffered a miscarriage after being attacked with tear gas.

After April, the number of incidents decreased. In July, one case of violence was documented. During this incident, which occurred in the Kyiv region, police failed to prevent clashes.

However, in a number of similar incidents documented by OHCHR, law enforcement officers present at the scene took measures to prevent an escalation of violence.

In the occupied territory, OHCHR documented the enforced disappearance of two clergymen belonging to the Ukrainian Orthodox Church by Russian armed forces.

One victim, a pro-Ukrainian priest, was held in custody from August 2022 to May 2023 in three different locations in the Kherson region. In one of them, he was subjected to torture and ill-treatment.

The second victim, Archpriest Konstantin Maksimov, was detained by Russian armed forces while attempting to cross the administrative border into Crimea in May 2023. As of July 31, 2023, his fate and whereabouts remained unknown, despite numerous inquiries from his relatives to the occupation authorities and official institutions of the Russian Federation, raising serious concerns regarding his enforced disappearance.

On March 26, 2024, the OHCHR published its "Report on the human rights situation in Ukraine from December 1, 2023 to February 29, 2024."

Report

Section "Resume"

Page 3, paragraph 10

OHCHR continued to document cases in which groups of individuals carried out physical attacks on the property and parishioners of the Ukrainian Orthodox Church (UOC), historically associated with the Moscow Patriarchate.

Section: Freedom of Religion and Belief

Page 24, paragraphs 93-95

Priests and parishioners of the Ukrainian Orthodox Church (UOC) continued to be subjected to intimidation during the reporting period.

OHCHR recorded six cases in five regions where groups of individuals forcibly broke into UOC churches, citing local authorities' decisions to register new religious communities of the Orthodox Church of Ukraine (OCU) at the same address where existing UOC communities were registered.

On December 28, 2023, a group of individuals attacked the Kazan Cathedral in Ladyzhyn (Vinnytsia Oblast). At least two individuals involved in the attack claimed to be active members of the Ukrainian Armed Forces. Police officers present at the scene did not intervene.

Later, on January 9, 2024, a group of approximately 30 individuals in camouflage uniforms without insignia, using two heavy construction vehicles, destroyed the gates and fence and forcibly broke into this UOC church.

They beat a priest and two male parishioners, causing minor injuries to all of them. At least nine people were physically assaulted in these two incidents. Only two victims filed complaints with the police, one of which was later withdrawn.

Most of the victims stated that they did not file complaints because they feared retaliation, including threats from neighbors or dismissal from their jobs.

OHCHR previously reported a similar incident in Cherkasy (Cherkasy Oblast) on November 20, 2023. In that case, numerous victims and witnesses interviewed by OHCHR identified one of the attackers as a serviceman of the Ukrainian Armed Forces. Since then, Ukrainian authorities have opened criminal investigations into the aforementioned incidents in Cherkasy and Ladyzhyn.

On October 1, 2024, OHCHR published its report "Treatment of Prisoners of War and Update on the Human Rights Situation in Ukraine, 1 June to 31 August 2024."

Report

Section: Freedom of Religion and Belief

Page 27, paragraphs 112-115

During the period covered by this report, OHCHR continued to document cases affecting the activities of the Ukrainian Orthodox Church (UOC).

On June 7, 2024, the Lviv District Administrative Court upheld the decision of the Drohobych City Council to ban the activities of the UOC in the district for reasons of national security.

The court ruled that the local religious community of the Ukrainian Orthodox Church had failed to prove a violation of its rights, but it insufficiently explained why the ban was deemed necessary and proportionate to the protection of public safety or order, as required by Article 18 of the International Covenant on Civil and Political Rights.

The OHCHR is aware of at least seven similar decisions made since February 2022, five of which have become final and without the possibility of appeal.

In another case, a high-ranking cleric of the Ukrainian Orthodox Church was transferred to the Russian Federation during a prisoner exchange on June 22. The day before, the Vinnytsia Court of Appeal upheld his sentence, which sentenced him to five years' imprisonment and confiscation of property for justifying armed conflict. In both this and another case documented by the OHCHR, clerics of the Ukrainian Orthodox Church reported pressure to confess and agree to a prisoner exchange with the Russian Federation.

On August 20, 2024, the Verkhovna Rada of Ukraine adopted the Law "On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations" (Law No. 3894-IX), which amends legislation banning the activities of the Russian Orthodox Church and other associated religious organizations in Ukraine.

The law also bans religious associations used to promote the ideology of the Russian world. The law raises concerns regarding its compliance with international human rights standards.

In particular, it cites national security as grounds for restricting freedom of religion, belief, and the activities of religious organizations. However, neither the International Covenant on Civil and Political Rights nor the European Convention on Human Rights include "national security" among the grounds for such restrictions.

On December 31, 2024, the OHCHR published its "Periodic Report on the Human Rights Situation in Ukraine, September 1 to November 30, 2024."

Report

Summary Section

Page 3, paragraphs 9-10

New legislative provisions on religious organizations have entered into force in government-controlled territory of Ukraine, prohibiting the activities of the Russian Orthodox Church in Ukraine and religious organizations recognized as affiliated with it. The law introducing these provisions imposes disproportionate restrictions on the freedom to manifest one's religion or belief.

The right to conscientious objection to military service continues to be restricted both in law and in practice, creating unjustified obstacles to its exercise.

Section "Freedom of Religion and Belief"

Pages 22-23, paragraphs 84-89

On September 23, 2024, amendments to the legislation on religious organizations came into force, restricting freedom of religion and association on the grounds of "national (public) security."

However, neither the International Covenant on Civil and Political Rights (ICCPR) nor the European Convention on Human Rights recognize "national security" as grounds for such restrictions. The amendments contain disproportionate restrictions on freedom of religion.

In particular, the amendments prohibit the activities of "foreign religious organizations" based in states that are waging armed aggression against Ukraine or occupying its territory.

This effectively includes a ban on the Russian Orthodox Church. Furthermore, if a court finds that a Ukrainian religious organization is affiliated with a banned foreign religious organization, it may order the dissolution of the Ukrainian religious organization.

This raises concerns about the potential impact on the Ukrainian Orthodox Church (UOC). Dissolving a religious organization represents a serious restriction, threatening the ability of individuals to practice their religion or beliefs in community with others and jeopardizing the viability of the community as a whole.

Such a measure requires strict justification.

Ukraine has not provided evidence that less restrictive measures, such as actions against individuals, would be insufficient.

According to the amendments, a religious organization may be dissolved if its authorized representatives are convicted of various crimes, including

It is against national security, or if the organization is involved in "repeated instances" of disseminating "propaganda of the ideology of the Russian world."

Such vague formulations could lead to collective liability for the actions of individuals, violating the right to freedom of expression. Banning "affiliated" organizations could lead to the mass liquidation of religious associations without individual review.

As a result, an administrative decision on affiliation obliges state authorities to terminate property leases with religious organizations even before a court decision to dissolve the religious organization. Given that the state owns and leases historic church buildings throughout Ukraine, this could deprive communities of access to religious spaces. In the past, OHCHR observed that some church buildings were closed and inaccessible to the public after leases were cancelled—a situation that, especially in communities with a small number of churches, could limit the exercise of religious freedom and contribute to social tensions.

In addition, on 17 October 2024, OHCHR documented three violent incidents between supporters, clergy, and parishioners of various Orthodox communities in the city of Cherkasy.

The instigator of the series of events was a group of unidentified individuals in camouflage uniforms without insignia, who evicted the Ukrainian Orthodox Church (UOC) clergy from their premises around 4:00 a.m. According to the UOC, at least 10 men and four women among their followers were injured and required medical attention.

Law enforcement officers present at the scene of at least two of these incidents were unable to effectively separate supporters of different communities until late in the morning. Police announced the opening of a criminal investigation into hooliganism in connection with these events. OHCHR continues to monitor the authorities' response to these incidents.

On July 1, 2025, OHCHR published its "Report on the Human Rights Situation in Ukraine from 1 December 2024 to 31 May 2025."

Report

Section: Freedom of Religion

Page 22, paragraph 87

During the reporting period, the OHCHR also documented new attacks on members and supporters of the Ukrainian Orthodox Church (UOC).

For example, on April 9, 2025, in the village of Verkhni Stanivtsi in the Chernivtsi region, a group of unidentified individuals attempted to seize a UOC church and attacked parishioners using wooden sticks, pepper spray, and metal rods.

According to the Ukrainian Orthodox Church, several people were injured in the attack. A similar incident occurred three days later, forcing UOC parishioners to leave the church and, as of the end of the reporting period, they had not been able to return. According to eyewitnesses, police present at the second attack apparently failed to prevent or respond to the violence.

On December 9, 2025, the OHCHR published its "Report on the human rights situation in Ukraine from June 1, 2025 to November 30, 2025."

Report

Section "Freedom of Religion"

Page 26, paragraph 111-112

In previous reports, the Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed concern about legislative amendments concerning religious organizations, noting that they invoke "national security" as a basis for restricting freedom of religion or belief, even though neither the International Covenant on Civil and Political Rights nor the European Convention on Human Rights include "national security" as a permissible ground for such a restriction.

On July 8, 2025, based on the powers granted to it by the amended law, the State Service of Ukraine for Ethnic Policy and Freedom of Conscience completed an investigation into the main legal entity of the Ukrainian Orthodox Church (UOC), the Kyiv Metropolitanate of the UOC. It was found that the latter is affiliated with the Russian Orthodox Church (ROC), a banned religious organization under national law. Based on these findings, the State Service ordered the Kyiv Metropolitanate of the Ukrainian Orthodox Church to take official steps to sever ties with the Russian Orthodox Church within 30 days. The UOC failed to take these steps.

After the deadline, the State Service filed a petition in court requesting the dissolution of the Kyiv Metropolitanate of the Ukrainian Orthodox Church and the confiscation of its property. As of November 30, 2025, the case remains pending.

The UN OHCHR recorded two incidents of violence between different Orthodox communities over control of religious buildings: on June 17 in Chernivtsi and on August 6 in the Zhytomyr region.

In one of the incidents, a UOC clergyman was injured and required hospitalization. The UN OHCHR reports that the National Police has opened an investigation into this case.

Section "Administration of Justice"

Page 26, paragraph 110

The mayor of Odesa and the metropolitan of the Ukrainian Orthodox Church were stripped of their Ukrainian citizenship by decrees of the President of Ukraine issued in October and July 2025, respectively.

According to current Ukrainian legislation, adults may lose their Ukrainian citizenship if they voluntarily acquire the citizenship of another state. The applicable procedure involves a commission that makes a recommendation to the President, after which the President issues a decree revoking the citizenship.

The decision may be appealed in court. However, state bodies are not obligated to inform citizens that the matter of depriving them of Ukrainian citizenship is being considered.

As a result, they may be deprived of a fair opportunity to present their position in proceedings that could negatively impact them, raising concerns about procedural fairness.

КУ ст. 35 (свобода вероисповедания) · ЕСПЧ ст. 9 · Нормы ООН