Searches as part of widespread persecution of Crimean Tatars: international legal assessment 

On April 1, 2025, a wave of illegal searches took place in the Bilohirsk area of the occupied Crimean peninsula. That day, occupation security forces broke into four Crimean Tatar houses in the village of Ortalan (another name is Zemlianychne), where they searched for literature and weapons banned in the russian federation. 

Among the Crimean Tatars who were searched were the parents of ATR television journalist Hulsum Khalilova. Hulsum’s 74-year-old father has hypertension. According to the journalist, during the search he could not even get out of bed. As a result of what he had experienced, his health deteriorated significantly – an ambulance came to the Khalilovs’ house three times that day, and the next day the journalist’s father was hospitalized in serious condition.

The head of the Mejlis of the Crimean Tatar people, Refat Chubarov, reported on Facebook: “…having broken into the house (meaning the occupation special services, – ed.), they immediately blocked all access to the yard so that the alarmed neighbours could not visit the Khalilovs and witness the lawlessness being committed by the russian barbarians.” 

It should be noted that the occupation law enforcement officers have opened a criminal case against journalist Hulsum Khalilova under Article 208 of the criminal code of the russian federation (organization of an illegal armed formation or participation in it). Because of this, in August 2019, the Prosecutor’s Office of the Autonomous Republic of Crimea and the city of Sevastopol initiated criminal proceedings under Part 2 of Article 372 of the Criminal Code of Ukraine (bringing a knowingly innocent person to criminal liability), according to which the journalist was recognized a victim and priority investigative actions were planned. 

This is not a new practice by the so-called law enforcement officers in occupied Crimea. After the occupation of the Crimean peninsula, the russian federation extended its legislation to its territory, contrary to Article 64 of the Fourth Geneva Convention, and began to actively persecute the residents of Crimea, systematically violating the norms of international humanitarian law. russian special services have been systematically conducting searches in the homes of Crimean residents for over 11 years under this scheme. Typically, such searches begin at dawn and leave behind broken windows, broken doors, terrified children, upturned shelves, and are accompanied by threats and planted “evidence” of the crime. 

According to CrimeaSOS, during 2024 alone, the occupation security forces conducted at least 45 arbitrary searches in Crimea, 20 of which were in the homes of Crimean Tatars. 

In particular, searches were conducted at the residence of Nazim Memetov, a member of the Qurultay of the Crimean Tatar People, Ilver Ametov, the head of the Sudak regional Mejlis, human rights activist and journalist Lutfiie Zudiieva, the head of the independent Muslim community “Eski Qirim” Idris Yurdamov, the imam of the community Izet Saifullin, and even at the local mosque. And also, in the houses of the editor-in-chief of the Qırım newspaper Bekir Mamutov, its founder Seiran Ibrahimov and the editorial office of the newspaper.   

Moreover, last March, the third largest wave of searches (during all the years of occupation in Crimea) took place. Then ten Crimean Tatars were accused of involvement in Hizb ut-Tahrir. Such accusations are made against Crimean Tatars in most cases. Hizb ut-Tahrir is an Islamic political party that is recognized as a terrorist organization under russian law but is not banned in Ukraine and in most countries of the world.  

According to the Mission of the President of Ukraine in Crimea, as of May 2025, the occupiers illegally imprisoned 223 people, including 133 Crimean Tatars.  

Arbitrary searches violate the right to respect for private and family life and home, and are often accompanied by significant procedural irregularities and unjustified use of force. The systematic nature of the violations by the occupying authorities of Crimea is confirmed by the decision of the European Court of Human Rights in the case “Ukraine v. russia (re Crimea).” 

In our article, using the example of searches on April 1, 2025, we propose to consider in more detail how searches conducted by the occupation authorities of Crimea can be qualified by international law and how the prosecutor’s office of the Autonomous Republic of Crimea and the city of Sevastopol works with this.  

International legal assessment of the searches in the village of Ortalan on April 1, 2025 

Nazar Solomakha, a representative of the Belgian human rights organization International Partnership for Human Rights (IPHR), notes that the searches of Crimean Tatar households on April 1, 2025 in the village of Ortalan, conducted by the russian occupation authorities, may have violated Article 7(1)(h) of the Rome Statute, Article 8 of the European Convention on Human Rights, and Articles 27 and 33 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War.

Rome Statute of the International Criminal Court 

Since February 20, 2014, the International Criminal Court has jurisdiction over Ukraine, including occupied Crimea. In addition, on August 21, 2024, Ukraine ratified the Rome Statute of the International Criminal Court. 

Article 7(1)(h) of the Rome Statute (Crime against humanity of persecution)  

If the searches by the russian occupation authorities in the village of Ortalan on April 1, 2025, are part of a broader campaign of persecution of Crimean Tatars on ethnic grounds, they may qualify as the crime of persecution under Article 7(h) of the Rome Statute of the International Criminal Court (ICC Statute).  

“Persecution as a crime against humanity is defined as the deliberate and cruel deprivation of fundamental rights, contrary to international law, based on the identity of a group or collectivity. This criminalizes patterns of severe and systemic discrimination, as “acts not inherently criminal may nonetheless become criminal and persecutorial if committed with discriminatory intent,” – Nazar Solomakha explains. 

Persecution can be “physical, economic or judicial in nature”, provided that it violates “the right of the individual to the enjoyment of his or her fundamental rights.” In addition, large-scale destruction and/or confiscation of property are considered as fundamental acts constituting the crime of persecution. 

For the crime of persecution to be committed, discriminatory conduct shall be directed against identifiable groups or collectivities on the basis of “political, racial, national, ethnic, cultural, religious or other grounds universally recognized as impermissible under international law.” The existence of a group is assessed according to the personal identification of the group by the perpetrator of persecution. In order qualify act as a crime against humanity within the meaning of the ICC Statute, the deprivation of fundamental rights shall be committed in connection with another crime within the jurisdiction of the ICC and shall be committed intentionally or knowingly as part of a widespread or systematic persecution of a civilian population. 

European Convention on Human Rights (ECHR) 

The above-mentioned searches by the russian occupation authorities in Crimea can also be qualified as a violation of the European Convention on Human Rights (ECHR), in particular Article 8 – The right to respect for private and family life. 

Article 8 – The right to respect for private and family life  

Nazar Solomakha notes: “If a State party to the ECHR is deprived of the possibility of exercising effective control over the whole of its territory due to exceptional factual circumstance, it does not lose jurisdiction within the meaning of Article 1 of the ECHR over that part of its territory which is temporarily beyond its control. The fact of russia’s final withdrawal from the Convention on September 16, 2022, does not change the fact that Ukraine retains a positive obligation to ensure respect for human rights and freedoms in the temporarily occupied territory of Crimea. Accordingly, these rights and freedoms continue to exist, in particular through the State’s obligation to take appropriate judicial measures to protect them. Responsibility for the shortcomings of the legal system and the decisions of de facto courts unrecognized by the international community cannot be placed on a state whose territory is occupied; the ECHR also continues to apply during armed conflict.” 

According to Nazar Solomakha, in the case of “Ukraine v. russia (re Crimea)”, the Court established that russian “law” is not law in the territory of occupied Crimea within the meaning of the Convention. Accordingly, whenever russian courts or other authorities acted in Crimea in a way that interfered with human rights, this ipso facto constituted a human rights violation, since these bodies of the russian occupation administration were not acting lawfully. 

The right to respect for private and family life, home and correspondence shall not be interfered with by a public authority except in cases provided for by law, and when such interference is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.  

Searches by heavily armed and masked special services agents in family homes at dawn constitute a violation of Article 8 of the Convention, in cases where such measures are disproportionate to the expected resistance. Searches of homes without court authorization only sometimes comply with Article 8 of the Convention. All intrusions into family homes should be subject to proper judicial control – before and after the search. 

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War 

According to international humanitarian law (IHL), Crimea is an occupied territory. russia is considered an occupying power. Accordingly, the Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War fully applies to this territory. 

Article 27 – Respect for persons 

The occupying power is obliged to respect the honour, family life, religious beliefs and practices of the civilian population. Arbitrary interference with privacy and family life, in particular through unreasonable searches, is prohibited. 

Article 33 – Prohibition of collective punishment 

It is prohibited to punish persons for actions they did not commit. This provision prohibits mass searches or campaigns of intimidation, especially if they target a specific ethnic or religious group, such as the Crimean Tatars. 

Criminal qualification of searches under the legislation of Ukraine 

The Prosecutor’s Office of the Autonomous Republic of Crimea and the city of Sevastopol qualifies illegal searches in occupied Crimea under Article 162 of the Criminal Code of Ukraine (violation of the inviolability of housing).  

“The facts of searches by representatives of occupation law enforcement agencies in the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol are qualified under Article 162 of the Criminal Code of Ukraine if such actions of representatives of the occupation administration of the aggressor state are not justified by the need to maintain effective management of the territory, ensure the security of the occupying state, personnel and property of the occupation forces and administration, as well as facilities and communication lines used by them,” – the department noted. 

According to the Criminal Code of Ukraine, actions aimed at violating the inviolability of housing are punishable by a fine of fifty to one hundred tax-free minimum incomes of citizens or by correctional labour for a term of up to two years, or by restriction of liberty for a term of up to three years. 

If the same actions are committed by an official or with the use of violence or with the threat of its use, they are punishable by imprisonment for a term of two to five years. 

Currently, the Prosecutor’s Office of the Autonomous Republic of Crimea is conducting procedural management in 53 criminal proceedings, within which 224 facts of searches by representatives of occupation law enforcement agencies in the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol are being investigated.

In addition, based on the results of a special pre-trial investigation, 5 indictments were sent to the court in criminal proceedings of the specified category, within which 8 facts of conducting such searches were confirmed.    

Searches as part of a broader policy of repression against Crimean Tatars 

Importantly, in most cases, such searches in the homes of Crimean residents are accompanied by falsification of evidence of the crime in the form of planted literature that is on the lists of such banned in the russian federation, or by arbitrary detentions, closed trials, or unfounded accusations.  

The searches carried out on April 1, 2025, in Crimean Tatar households in the village of Ortalan bear signs of serious human rights violations. According to the assessment of international experts, these actions may qualify as crimes against humanity in the form of persecution on grounds of ethnicity in accordance with Article 7(1)(h) of the Rome Statute of the International Criminal Court. 

Searches involving armed security forces without proper legal grounds are also a gross violation of Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life, as well as Articles 27 and 33 of the Geneva Convention (IV), which prohibit collective punishment, discrimination and arbitrary interference with the privacy of the civilian population in occupied territory. 

In addition, arbitrary searches and raids can serve as a tool to intimidate independent religious groups, human rights defenders, journalists, activists, and those who disagree with the actions of the russian occupation authorities.  

In the context of the systemic nature of the persecution of Crimean Tatars by the russian occupation authorities in the territory of Crimea, the searches on April 1, 2025 in the village of Ortalan are another episode in the policy of persecution by the occupation authorities directed against the Crimean Tatars as part of an identified ethnic group. The episode of violation of the rights and freedoms of the residents of the village of Ortalan falls under the jurisdiction of the International Criminal Court, the European Court of Human Rights (subject to certain conditions), and individual national courts of other states within the framework of universal jurisdiction. 

As a state party to the Rome Statute, Ukraine has had legal grounds to appeal to the ICC since August 2024 to investigate such actions as international crimes. At the same time, Ukrainian law enforcement agencies are already carrying out national prosecution under Article 162 of the Criminal Code of Ukraine, which concerns violation of the inviolability of housing, and are conducting relevant criminal proceedings. 

In view of the above, the aforementioned searches should be regarded not only as illegal measures within the framework of occupation practices, but also as part of a targeted campaign of oppression of the ethnic community, which requires proper legal qualification, effective investigation and international liability.