Legal Qualification of Unlawful Restrictions on Movement and Exit
Article 33 of the Constitution of Ukraine guarantees everyone lawfully present in Ukraine the freedom of movement, the right to choose their place of residence freely, as well as the right to leave Ukraine freely, except for limitations established by law. On temporarily occupied territories, this fundamental norm is systematically violated through strict movement restrictions, checkpoints, and the establishment of so-called “filtration camps” to control and forcibly detain the civilian population.
Key Provisions of the Constitution of Ukraine
- “Everyone lawfully present in the territory of Ukraine is guaranteed freedom of movement, the right to freely choose their place of residence, and the right to leave the territory of Ukraine freely, except for restrictions established by law.”
Restrictions on Freedom of Movement: The introduction by occupation authorities of bans on movement between settlements, curfews, checkpoint systems, and, most importantly, the coercion to undergo “filtration” for exit or free movement within the territory — all constitute gross violations of constitutional guarantees and international humanitarian law.
Evidence of Violations (Travel Bans and Filtration)
- Travel bans: Imposing total or partial bans on civilians leaving occupied territories for Ukrainian-controlled areas. Examples: blocking evacuations of residents of Mariupol and Kherson.
- Checkpoint and pass systems: Forcing civilians to obtain unlawful “passes” to move within occupied areas, accompanied by illegal inspections, searches, and detentions.
- “Filtration camps”: Creating camps and points where civilians are forcibly detained for indefinite periods for inspection, questioning, biometric data collection, and psychological pressure. Often accompanied by torture and threats, as documented in Mariupol and Kharkiv regions.
- Forced deportation: Illegal transfer of Ukrainian citizens, including children, to the territory of the Russian Federation, representing a severe violation of the right to choose residence and leave the country. Examples: forced relocation of residents of Zaporizhzhia region to Russian regions in 2022–2023.
Connection with Other Articles
- Article 29 of the Constitution (Right to Liberty and Personal Security) — since forced “filtration” constitutes unlawful detention.
- Article 146 of the Criminal Code of Ukraine (Unlawful deprivation of liberty or kidnapping).
- Article 438 of the Criminal Code of Ukraine (Violation of the Laws and Customs of War) — as a war crime involving unlawful detention and forced deportation.
Legal Consequences
- Documenting these violations enables holding accountable all individuals involved in creating and operating the “filtration” and forced deportation system.
- Use of these materials for international criminal prosecution of Russian occupation force commanders.
- Systematic violations demonstrate the complete suppression of civil rights and control over the population in occupied territories.
Sources
- Constitution of Ukraine: Article 33 (Text)
- Related Article: Article 29 of the Constitution (Personal Liberty) →
- Related Article: Article 438 of the Criminal Code of Ukraine (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive