Council Implementing Regulation (EU) 2023/500 of 7 March 2023 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses
Date: 2023-03-07
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, human rights, international sanctions, legal person, natural person








LI2023069EN.01000101.xml










7.3.2023   


EN


Official Journal of the European Union


LI 69/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2023/500
of 7 March 2023
         
implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (1), and in particular Article 14(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 7 December 2020, the Council adopted Regulation (EU) 2020/1998.












(2)


On 8 December 2020, in the Declaration by the High Representative of the Union for Foreign Affairs and Security Policy, on behalf of the European Union, regarding the EU Global Human Rights Sanctions Regime, the Union and its Member States reaffirmed their strong commitment to the promotion and protection of human rights around the world. The EU Global Human Rights Sanctions Regime underscores the Union’s determination to enhance its role in addressing serious human rights violations and abuses worldwide. Achieving the effective enjoyment of human rights by everyone is a strategic goal of the Union. Respect for human dignity, freedom, democracy, equality, the rule of law and human rights is a fundamental value of the Union and its common foreign and security policy.












(3)


In its conclusions of 14 November 2022, the Council expressed concern about the disproportionate effect that armed conflicts continue to have on women and girls worldwide, as well as the prevalence of sexual and gender-based violence including conflict-related sexual violence, offline and online. It committed to enhanced efforts to counter such violence in order to ensure full accountability and to combat impunity. Furthermore, in its conclusions of June 2014, the Council stressed that combating and eliminating all forms of violence against women requires coordinated policies at all relevant levels and a comprehensive approach targeting the key issues of prevention, under-reporting, protection, victim support, and the prosecution of perpetrators as well as other measures. The strategic use of restrictive measures reinforces this approach by increasing pressure to prevent further violations and abuses and, in coordination with other Union instruments in the human rights toolbox, draws attention to these violations and abuses and those responsible.












(4)


In this context, nine persons and three entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Regulation (EU) 2020/1998.












(5)


Annex I to Regulation (EU) 2020/1998 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2020/1998 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2023.


For the Council


The President

L. EDHOLM
            





(1)  
            OJ L 410 I, 7.12.2020, p. 1.




ANNEX
The following entries are added to the list of natural and legal persons, entities and bodies set out in section A (‘Natural persons’) in Annex I to Regulation (EU) 2020/1998:











 


Names
(Transliteration into Latin script)


Names


Identifying information


Reasons for listing


Date of listing




‘27.


Neda Mohammad NADEEM


نداء محمد ندیم
(Pashto spelling)


Position(s): Acting Taliban Minister for Higher Education
Nationality: Afghan
Gender: male


Neda Mohammed Nadeem has been the acting Taliban Minister for Higher Education since 22 October 2022.
Since he took up his position, the Taliban have published decrees banning women from higher education throughout the country. These decrees deprive women of their right to education as well as their equal access to education, violating the principle of equal treatment between men and women.
In his capacity as acting Taliban Minister for Higher Education, Neda Mohammed Nadeem is therefore responsible for serious human rights violations in Afghanistan, in particular the widespread violation of women’s right to education and the right to equal treatment between men and women in the field of education.


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28.


Sheikh Muhammad Khalid HANAFI


شیخ محمد خالد
(Pashto spelling)


Position(s): Acting Taliban Minister for the propagation of virtue and the prevention of vice
DOB: around 1970
POB: Kolam Shaheed village, Doabi district, Nurestan province, Afghanistan
Nationality: Afghan
Gender: male


Sheikh Muhammad Khalid Hanafi is the acting Taliban Minister for the propagation of virtue and the prevention of vice, replacing the Minister for women’s affairs.
Since he took up his position, the Taliban have published decrees restricting women’s and girl’s freedom and dignity throughout the country, curbing their freedom of speech and expression, and inflicting harsh punishments and violence on those who do not respect the Taliban’s edicts.
In particular, during his time in office, hijab decrees were published as well as gender-segregated timetables for the use of public spaces.
In his capacity as acting Taliban Minister for the propagation of virtue and the prevention of vice, Sheikh Muhammad Khalid Hanafi is responsible for serious human rights violations in Afghanistan, in particular the widespread violation of women’s rights, such as their freedom of expression, as well as the right to equal treatment between men and women.


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29.


Alexander Georgievich FEDORINOV


Александр Георгиевич ФЕДОРИНОВ
(Russian spelling)


Position(s): commanding officer of Moscow Police Station
Rank: Lieutenant Colonel
Nationality: Russian
Gender: male


Lieutenant Colonel Alexander Georgievich Fedorinov is a commanding officer of Moscow Police Station.
In his capacity as acting head of the police station in March 2022, he authorised the arbitrary arrest and detention, as well as the subsequent torture, of female anti-war protestors.
Alexander Georgievich Fedorinov is therefore responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment or punishment, arbitrary arrests or detentions as well as systematic sexual and gender-based violence.


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30.


Ivan RYABOV


Иван РЯБОВ
(Russian spelling)


Position(s): police officer of Moscow Police Station
Nationality: Russian
Gender: male


Ivan Ryabov is a police officer of Moscow Police Station.
On the orders of Lieutenant Colonel Alexander Georgievich Fedorinov, he arbitrarily detained and tortured female anti-war protestors in March 2022. Victims report that he beat them, suffocated them with plastic bags and abused them physically and verbally for six hours.
Ivan Ryabov is therefore responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment or punishment, and arbitrary arrests or detentions.


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31.


Nikolay Anatolevich KUZNETSOV
a.k.a. Nikolaj Anatolevich Kuznetsov, Nikolaj Kuznetsov, Nikolay Kuznetsov


Николай Анатольевич Кузнецов
(Russian spelling)


Position(s): Member of the armed forces of the Russian Federation, commander of the Dzerzhinsky division special forces unit of Rosgvardia (Federal Service of National Guard Troops of the Russian Federation)
Rank: Major-General
DOB: 13.4.1978
Nationality: Russian
Gender: male
Tax identification number: 645407737871


Major-General Nikolay Anatolevich Kuznetsov is a member of the armed forces of the Russian Federation and commander of the Dzerzhinsky division special forces unit of Rosgvardia (Federal Service of National Guard Troops of the Russian Federation).
Kuznetsov’s unit was part of Russia’s illegal invasion of Ukraine and members of his unit systematically participated in acts of sexual violence and rape in Ukraine in March/April 2022.
The scale and severity of acts of sexual and gender-based violence taking place in Russian-occupied areas of Ukraine speak to “planning on a more systematic level” and Russian commanders being aware of sexual violence by military personnel in Ukraine and, in some cases, having “encouraged or even ordered it”.
In his capacity as commander of the unit, Kuznetsov is responsible for serious human rights violations in Ukraine, including systematic sexual and gender-based violence.


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32.


Ramil Rakhmatulovich IBATULLIN


Рамиль Рахматуллович Ибатуллин
(Russian spelling)


Position(s): Member of the armed forces of the Russian Federation, former commander of the 90th guards tank division
Rank: Colonel
DOB: 22.10.1976
Nationality: Russian
Gender: male
Tax identification number: 631409144707
Russian armed forces personnel number: U-927425


Colonel Ramil Rakhmatulovich Ibatullin served in the Russian occupation troops in the Donbas region (2014-2017) and took part in Russia’s illegal invasion of Ukraine as commander of the 90th guards tank division.
In March 2022, the division under his command took part in the offensive towards Chernihiv and Kyiv. During the offensive, members of his division committed acts of sexual and gender-based violence against the Ukrainian civilian population.
After these facts became public, the Russian Ministry of Defense promoted Ibatullin to the rank of colonel.
The Ukrainian authorities have charged several members of the 90th guards tank division with allegations of sexual and gender-based violence, including the rape of a pregnant woman near Kyiv, the murder of a civilian after repeatedly raping his wife in the presence of a young child, as well as the participation of members of this division in gang rapes.
The scale and severity of acts of sexual and gender-based violence taking place in Russian-occupied areas of Ukraine speak to “planning on a more systematic level” and Russian commanders being aware of sexual violence by military personnel in Ukraine and, in some cases, having “encouraged or even ordered it”.
Ibatullin is therefore responsible for serious human rights violations in Ukraine, including systematic sexual and gender-based violence.


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33.


Gatluak Nyang HOTH


 


Position(s): County commissioner for Mayiandit county
Nationality: South Sudanese
Gender: male


Gatluak Nyang Hoth has been the county commissioner for Mayiandit county (Unity State, South Sudan) since February 2021.
In this position, he commanded government-aligned militias to carry out attacks in southern Unity State, between February and May 2022. During this period, troops under his command made widespread and systematic use of sexual violence as a war tactic and instrumentalised it as a reward and entitlement for men participating in the conflict.
In his capacity as county commissioner, Hoth is therefore responsible for serious human rights violations in South Sudan, including systematic and widespread sexual and gender-based violence.


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34.


Gordon Koang BIEL
a.k.a. Gordon Koang Char BIEL, Koang Biel CHAR, Koang NYALUALGO


 


Position(s): County commissioner for Koch county
POB: South Sudan
Nationality: South Sudanese
Gender: male


Gordon Koang Biel has been the county commissioner for Koch county (Unity State, South Sudan) since February 2021.
In this position, he commanded government-aligned militias to carry out attacks in southern Unity State, between February and May 2022. During this period, troops under his command made widespread and systematic use of sexual violence as a war tactic and instrumentalised it as a reward and entitlement for men participating in the conflict.
In his capacity as county commissioner, Biel is therefore responsible for serious human rights violations in South Sudan, including systematic and widespread sexual and gender-based violence.


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35.


Toe UI


 


Position(s): Deputy Minister of Home Affairs
Rank: Major-General
Nationality: Myanmar/Burma
Gender: male


Major-General Toe Ui was appointed Deputy Minister of Home Affairs on 3 February 2023. He is the former second in command of the Office of the Chief of Military Security Affairs (OCMSA). The OCMSA is responsible for the management of detention and interrogation centres in Myanmar/Burma and tasked with intelligence gathering.
OCMSA staff under Ui’s authority use forced nudity, rape, electro-shocks, burning of genitalia and excessive violence during the arbitrary detention and interrogation of men, women and members of the LGBTIQ community.
In his capacity as the second in command, Major-General Toe Ui is responsible for serious human rights violations in Myanmar/Burma, including arbitrary detentions and torture, as well as for systematic and widespread sexual and gender-based violence.


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The following entries are added to the list of natural and legal persons, entities and bodies set out in section B (‘Legal persons, entities and bodies’) in Annex I to Regulation (EU) 2020/1998:











 


Names
(Transliteration into Latin script)


Names


Identifying information


Reasons for listing


Date of listing




‘13.


Qarchak Prison
a.k.a. Gharchak Prison, Zendân-e-Qarchak, Qarchak Women’s Prison, Shahr-e Rey Prison


زندان قرچک
(Farsi spelling)


Place of registration: Varamin County, Tehran province, Iran
Date of registration: 2010


Qarchak Prison is one of the Iranian regime’s detention facilities for women in Varamin County (Teheran province).
Detainees include political prisoners and participants in peaceful pro-democracy protests as well as pregnant women and mothers with children. Living conditions in Qarchak Prison are deplorable and inhumane.
Female detainees in Qarchak prison are subject to torture, rape and other forms of sexual violence. They are held in overcrowded cells, without access to clean drinking water, food and medical assistance, amounting to cruel, inhuman or degrading treatment. Released prisoners report instances of sexual abuse by prison guards and security personnel. Female protesters sent to Qarchak prison are often threatened with rape to extract confessions.
Qarchak Prison is therefore responsible for serious human rights violations in Iran, including torture and other cruel, inhuman or degrading treatment as well as systematic sexual and gender-based violence.


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14.


Syrian Republican Guard


 


Place of registration: Syria
Associated individuals: Major General Shoaeb Suleiman (commander),
Brigadier General Mohamed Qasem (deputy commander),
General Malik Aliaa (supreme commander),
Major General Issam Zahreddine, Mohammad Nayouf, Rukin Mohamed Kaddor (commanders),
President Bashar Al-Assad


The Syrian Republican Guard is an entity responsible for the security of officials and part of the Syrian security forces.
In its ranks, sexual and gender-based violence against women is widespread, particularly during the ongoing Syrian conflict. Victims have reported violent rapes and torture after arbitrary arrests and during arbitrary detention.
The Syrian Republican Guard is part of a systematic approach by the Syrian regime to use sexual and gender-based violence to repress and intimidate the Syrian people, particularly women and girls.
The Syrian Republican Guard is therefore responsible for serious human rights violations in Syria, including torture and other cruel, inhuman or degrading treatment or punishment, arbitrary arrests or detentions, as well as widespread sexual and gender-based violence.


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15.


Office of the Chief of Military Security Affairs (OCMSA)


 


Place of registration: Naypyitaw, Myanmar/Burma


The Office of the Chief of Military Security Affairs (OCMSA) is responsible for the management of detention and interrogation centres in Myanmar/Burma and tasked with intelligence gathering.
OCMSA staff uses forced nudity, rape, electro-shocks, burning of genitalia and excessive violence during the arbitrary detention and interrogation of men, women and members of the LGBTIQ community.
Therefore, the OCMSA is responsible for serious human rights violations in Myanmar/Burma, including arbitrary detentions and torture, as well as for systematic and widespread sexual and gender-based violence.


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