Legal Qualification of Censorship and Persecution of Activists and Journalists
Articles 34 and 39 of the Constitution of Ukraine guarantee fundamental democratic freedoms: freedom of speech and thought (Art. 34) and the right to peaceful assembly, rallies, marches, and demonstrations (Art. 39). On temporarily occupied territories by the Russian Federation, these rights are completely suppressed through censorship, closure of pro-Ukrainian media, persecution of journalists and activists, and violent suppression of any dissent.
Key Provisions of the Constitution of Ukraine
- Article 34 (Freedom of Speech): “Everyone is guaranteed the right to freedom of thought and speech, to freely express their views and beliefs... Everyone has the right to freely collect, store, use, and disseminate information orally, in writing, or by other means at their discretion.”
- Article 39 (Freedom of Assembly): “Citizens have the right to gather peacefully, unarmed, and to hold assemblies, rallies, marches, and demonstrations, of which the executive authorities or local government bodies are notified in advance.”
Prohibition of Censorship: According to Article 34, censorship is prohibited. Any actions by the occupation authorities aimed at filtering, banning, or destroying information contrary to the Russian position constitute a direct violation of constitutional rights.
Evidence of Violations (Censorship and Persecution)
- Imposition of censorship: Blocking access to Ukrainian media, news websites, and social networks; shutting down Ukrainian television and radio broadcasting; promoting Russian propaganda. Examples: disconnection of “UA:Pershyi” TV channel, banning pro-Ukrainian publications in Kherson and Zaporizhzhia.
- Persecution of journalists and activists: Kidnappings, unlawful detentions, torture, and killings of journalists, civic activists, and bloggers opposing the occupation. Example: detention of “Suspilne” journalists and activists during the first weeks of the occupation of Kherson region.
- Suppression of peaceful protests: Violent dispersal of rallies and demonstrations using weapons, arrests, and intimidation of participants, particularly in Melitopol, Kherson, and Mariupol.
- Destruction of cultural and linguistic space: Seizure and destruction of Ukrainian books, textbooks, symbols, and materials from libraries and educational institutions; attempts to Russify education and public space.
Legal Consequences
- Systematic violation of Articles 34 and 39 constitutes persecution based on political motives, proving the criminal nature of the occupation regime.
- In combination with violence and kidnappings, these actions may be prosecuted under criminal provisions: Art. 146 of the Criminal Code of Ukraine (Kidnapping), Art. 127 of the Criminal Code of Ukraine (Torture), and Art. 438 of the Criminal Code of Ukraine (War Crimes).
- Documenting these violations provides grounds for international investigations into war crimes and crimes against humanity committed in temporarily occupied territories of Ukraine.
Sources
- Constitution of Ukraine: Articles 34, 39 (Text)
- Human Rights Center ZMINA: Obstruction of Journalists' Professional Activity
- Related Article: Art. 438 of the Criminal Code of Ukraine (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive