The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Ukraine on 10 December 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received, it will be posted on the UN Special Procedures communications database.
Since the communication was sent, an investigation into the death threats has been opened and remains ongoing.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged physical and death threats against an LGBTQ+ rights defender Ms. Vira Chernyhina, and the reported failure to conduct an effective investigation.
Ms. Vira Chernyhina is a woman human rights defender and co-founder and vice president of Sphere, an NGO advocating for women’s and LGBTQ+ rights in Ukraine.
ALLEGATIONS
On the evening of 11 October 2025 (the Coming Out Day, an annual LGBTQ+ awareness day), Ms. Vira Chernyhina was taking the last subway train in Kharkiv. The carriage was otherwise empty, apart from an unknown young man and his girlfriend, who were staring at the LGBTQ+ symbols Ms. Chernyhina was wearing. Around 9:36 p.m., they alighted at the same station as Ms. Chernyhina and the man approached her. He asked if she was a member of the LGBTQ+ community. She confirmed that she was, explaining that she is a lesbian and has been an activist since 2006. The man then identified himself as a right-wing supporter and repeatedly threatened to beat her up and shoot her. He obstructed her way and pointed an object resembling a gun at her face saying, “I will shoot now.” While attempting to escape and seek help, and with him following her, Ms. Chernyhina noticed a subway worker and asked her to call the police. Following this, the man fled the scene.
Ms. Chernyhina filed a crime report at the subway police department, which was registered on 12 October 2025 with reference No. 6775. However, according to the written police response dated 10 November 2025, “due to the lack of sufficient circumstances indicating that a criminal offence had been committed, a decision was made to discontinue any further investigation.”
According to the information received, this incident is one of several attacks on LGBTQ+ people, including human rights defenders, that have not been properly investigated in recent years, and currently, Ukraine does not have laws that prohibit hate crimes against LGBTQ+ people.
CONCERNS
In the communication, we express our deep concern regarding the alleged threats to Ms. Vira Chernyhina in connection with her belonging to the LGBTQ+ community and with her exercise of freedom of expression through wearing symbols of the community for advocacy and visibility purposes, as part of her peaceful activism. The ability to exercise freedom of expression without fear or intimidation is essential to the advancement and protection of human rights of LGBTQ+ people.
We are also seriously concerned about the alleged lack of an effective investigation, which allegedly reflects a broader problem with investigation of attacks on LGBTQ+ people, and the absence of legislation that would effectively protect them against hate crimes. These two factors, when taken together, appear to point to widespread impunity for hate crimes committed against LGBTQ+ people. We recall that States have a duty to put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression, under article 19 of the International Covenant on Civil and Political Rights (general comment No. 34, para. 23).
