Council Decision (CFSP) 2023/501 of 7 March 2023 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses

7.3.2023 EN Official Journal of the European Union L 69 I/11 DECISIONS COUNCIL DECISION (CFSP) 2023/501 of 7 March 2023 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Having regard to Council Decision (CFSP) 2020/1999 of 7 December 2020concerning restrictive measures against serious human rights violations and abuses(1), and in particular Article 5(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 Decision (CFSP) 2020/1999. (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 the Annex to Decision (CFSP) 2020/1999. (5) The Annex to Decision (CFSP) 2020/1999 should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 The Annex to Decision (CFSP) 2020/1999 is amended as set out in the Annex to this Decision. (1) OJ L 410 I, 7.12.2020, p. 13.L 69 I/12 EN Official Journal of the European Union 7.3.2023 Article 2 This Decision shall enter into force on the date of its publication in the Official Journal of the European Union. Done at Brussels, 7 March 2023. For the Council The President L. EDHOLMANNEX The following entries are added to the list of natural and legal persons, entities and bodies set out in section A (‘Natural persons’) in the Annex to Decision (CFSP) 2020/1999: Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) ‘27. Neda Mohammad ﻢﯾﺪﻧﺪﻤﺤﻣﺀﺍﺪﻧ Position(s): Acting Taliban Neda Mohammed Nadeem has been the acting Taliban Minister for Higher 7.3.2023 NADEEM Minister for Higher Education Education since 22 October 2022. (Pashto spelling) Nationality: Afghan Since he took up his position, the Taliban have published decrees banning women from higher education throughout the country. These decrees deprive Gender: male 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. 28. Sheikh Muhammad ﺪﻟﺎﺧﺪﻤﺤﻣﺦﯿﺷ Position(s): Acting Taliban Sheikh Muhammad Khalid Hanafi is the acting Taliban Minister for the 7.3.2023 Khalid HANAFI Minister for the propagation of propagation of virtue and the prevention of vice, replacing the Minister for (Pashto spelling) virtue and the prevention of vice women’s affairs. DOB: around 1970 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 POB: Kolam Shaheed village, freedom of speech and expression, and inflicting harsh punishments and Doabi district, Nurestan violence on those who do not respect the Taliban’s edicts. province, Afghanistan In particular, during his time in office, hijab decrees were published as well as Nationality: Afghan gender-segregated timetables for the use of public spaces. Gender: male 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. 7.3.2023 EN Official Journal of the European Union L 69 I/13Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) 29. Alexander Georgievich Александр Георгиевич Position(s): commanding officer Lieutenant Colonel Alexander Georgievich Fedorinov is a commanding officer 7.3.2023 FEDORINOV ФЕДОРИНОВ of Moscow Police Station of Moscow Police Station. (Russian spelling) Rank: Lieutenant Colonel 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 Nationality: Russian anti-war protestors. Gender: male 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. 30. Ivan RYABOV Иван РЯБОВ Position(s): police officer of Ivan Ryabov is a police officer of Moscow Police Station. 7.3.2023 Moscow Police Station (Russian spelling) On the orders of Lieutenant Colonel Alexander Georgievich Fedorinov, he Nationality: Russian arbitrarily detained and tortured female anti-war protestors in March 2022. Victims report that he beat them, suffocated them with plastic bags and abused Gender: male 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. L 69 I/14 EN Official Journal of the European Union 7.3.2023Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) 31. Nikolay Anatolevich Николай Анатольевич Position(s): Member of the armed Major-General Nikolay Anatolevich Kuznetsov is a member of the armed forces 7.3.2023 KUZNETSOV Кузнецов forces of the Russian Federation, of the Russian Federation and commander of the Dzerzhinsky division special commander of the Dzerzhinsky forces unit of Rosgvardia (Federal Service of National Guard Troops of the a.k.a. Nikolaj (Russian spelling) division special forces unit of Russian Federation). Anatolevich Kuznetsov, Rosgvardia (Federal Service of Nikolaj Kuznetsov, Kuznetsov’s unit was part of Russia’s illegal invasion of Ukraine and members National Guard Troops of the Nikolay Kuznetsov of his unit systematically participated in acts of sexual violence and rape in Russian Federation) Ukraine in March/April 2022. Rank: Major-General The scale and severity of acts of sexual and gender-based violence taking place DOB: 13.4.1978 in Russian-occupied areas of Ukraine speak to “planning on a more systematic level” and Russian commanders being aware of sexual violence by military Nationality: Russian personnel in Ukraine and, in some cases, having “encouraged or even ordered Gender: male it”. Tax identification number: In his capacity as commander of the unit, Kuznetsov is responsible for serious 645407737871 human rights violations in Ukraine, including systematic sexual and gender- based violence. 7.3.2023 EN Official Journal of the European Union L 69 I/15Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) 32. Ramil Rakhmatulovich Рамиль Рахматуллович Position(s): Member of the armed Colonel Ramil Rakhmatulovich Ibatullin served in the Russian occupation 7.3.2023 IBATULLIN Ибатуллин forces of the Russian Federation, troops in the Donbas region (2014-2017) and took part in Russia’s illegal former commander of the 90th invasion of Ukraine as commander of the 90th guards tank division. (Russian spelling) guards tank division In March 2022, the division under his command took part in the offensive Rank: Colonel towards Chernihiv and Kyiv. During the offensive, members of his division committed acts of sexual and gender-based violence against the Ukrainian DOB: 22.10.1976 civilian population. Nationality: Russian After these facts became public, the Russian Ministry of Defense promoted Gender: male Ibatullin to the rank of colonel. Tax identification number: The Ukrainian authorities have charged several members of the 90th guards 631409144707 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 Russian armed forces personnel repeatedly raping his wife in the presence of a young child, as well as the number: U-927425 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. L 69 I/16 EN Official Journal of the European Union 7.3.2023Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) 33. Gatluak Nyang HOTH Position(s): County Gatluak Nyang Hoth has been the county commissioner for Mayiandit county 7.3.2023 commissioner for Mayiandit (Unity State, South Sudan) since February 2021. county In this position, he commanded government-aligned militias to carry out Nationality: South Sudanese attacks in southern Unity State, between February and May 2022. During this period, troops under his command made widespread and systematic use of Gender: male 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. 34. Gordon Koang BIEL Position(s): County Gordon Koang Biel has been the county commissioner for Koch county (Unity 7.3.2023 commissioner for Koch county State, South Sudan) since February 2021. a.k.a. Gordon Koang Char BIEL, Koang Biel POB: South Sudan In this position, he commanded government-aligned militias to carry out CHAR, Koang attacks in southern Unity State, between February and May 2022. During this Nationality: South Sudanese NYALUALGO period, troops under his command made widespread and systematic use of Gender: male 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. 7.3.2023 EN Official Journal of the European Union L 69 I/17Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) 35. Toe UI Position(s): Deputy Minister of Major-General Toe Ui was appointed Deputy Minister of Home Affairs on 7.3.2023’ Home Affairs 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 Rank: Major-General management of detention and interrogation centres in Myanmar/Burma and Nationality: Myanmar/Burma tasked with intelligence gathering. Gender: male 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. L 69 I/18 EN Official Journal of the European Union 7.3.2023The 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 the Annex to Decision (CFSP) 2020/1999: Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) ‘13. Qarchak Prison ﮏﭼﺮﻗﻥﺍﺪﻧﺯ Place of registration: Varamin Qarchak Prison is one of the Iranian regime’s detention facilities for women in 7.3.2023 County, Tehran province, Iran Varamin County (Teheran province). a.k.a. Gharchak Prison, (Farsi spelling) Zendân-e-Qarchak, Date of registration: 2010 Detainees include political prisoners and participants in peaceful pro- Qarchak Women’s democracy protests as well as pregnant women and mothers with children. Prison, Shahr-e Rey Living conditions in Qarchak Prison are deplorable and inhumane. Prison 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. 7.3.2023 EN Official Journal of the European Union L 69 I/19Names (Transliteration into Latin Names Identifying information Reasons for listing Date of listing script) 14. Syrian Republican Place of registration: Syria The Syrian Republican Guard is an entity responsible for the security of officials 7.3.2023 Guard and part of the Syrian security forces. Associated individuals: Major General Shoaeb Suleiman In its ranks, sexual and gender-based violence against women is widespread, (commander), particularly during the ongoing Syrian conflict. Victims have reported violent rapes and torture after arbitrary arrests and during arbitrary detention. Brigadier General Mohamed Qasem (deputy commander), 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 General Malik Aliaa (supreme Syrian people, particularly women and girls. commander), The Syrian Republican Guard is therefore responsible for serious human rights Major General Issam Zahreddine, violations in Syria, including torture and other cruel, inhuman or degrading Mohammad Nayouf, Rukin treatment or punishment, arbitrary arrests or detentions, as well as widespread Mohamed Kaddor sexual and gender-based violence. (commanders), President Bashar Al-Assad 15. Office of the Chief of Place of registration: Naypyitaw, The Office of the Chief of Military Security Affairs (OCMSA) is responsible for 7.3.2023’ Military Security Affairs Myanmar/Burma the management of detention and interrogation centres in Myanmar/Burma (OCMSA) 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. L 69 I/20 EN Official Journal of the European Union 7.3.2023