A Draft resolutionNote
1. Underlining its unwavering
support to Ukraine for ensuring decisive victory over the Russian
Federation following the full-scale military aggression of 24 February
2022 against Ukraine unleashed by the Russian Federation, the Parliamentary
Assembly reiterates its condemnation of the situation related to
the fate of Ukrainian prisoners of war, as well as foreign nationals
fighting for Ukraine, and civilians held in Russian captivity and
will remain involved until the last captive is released, in line
with President Zelensky’s 10-point peace plan aimed at victory and
just peace, of which point 4 relates to the release of all prisoners
and deportees.
2. The figures speak for themselves. The Assembly is appalled
that as of 18 September 2024, a total of 65 956 servicemen and civilians
were registered as missing or captured, among which 50 916 registered
as missing based on verified data. In reality, the number of victims
is much higher. The suffering and fear are endured not only by the
captives themselves, be they servicemen or civilians, but also by
their relatives. While 3 672 persons have been returned from Russian
captivity between 24 February 2022 and 17 September 2024, including
168 Ukrainian civilians, the Assembly notes with concern that among
those released, a third of them had been hitherto considered as
missing, since the Russian Federation had failed to provide timely
information about their fate, contrary to its international obligations.
3. With this resolution, the Assembly wishes to be the voice
of the prisoners of war and civilian captives held in the Russian
Federation or in the temporarily occupied territories of Ukraine,
and of their families, so that their suffering remains high on the
international political agenda of all Council of Europe member States
as well as observer States and States whose parliaments enjoy observer
or partner for democracy status with the Assembly. The issue of
missing persons is a humanitarian problem with human rights and
international humanitarian law implications. The Assembly emphasises
that the parties to an armed conflict bear primary responsibility
for preventing enforced disappearance, clarifying the fate of missing
persons and ensuring timely and effective investigation. Therefore,
the Assembly calls for the adequate treatment of these persons in
line with international humanitarian law and human rights standards,
their prompt release, their socio-medical rehabilitation, and for
the accountability of the Russian Federation and the perpetrators
of war crimes committed against these persons.
4. The Ukrainian people have faced immeasurable tragedies since
the full-scale military aggression by the Russian Federation. One
example is particularly resonant for this resolution: namely the
mass murder and maiming of Ukrainian prisoners in the former Penal
Colony No. 120 in Olenivka in the Donetsk region, on 28-29 July
2022. To date, this atrocity remains unpunished, and the wounded
defenders are still held in captivity. No independent investigation
has been carried out, since the UN fact-finding mission was disbanded
on 5 January 2023 “due to the lack of conditions necessary for the
deployment of the mission on the ground”. However, the Assembly
welcomes the publication on 29 July 2024 by the Office of the Prosecutor
General of Ukraine of the results of the criminal investigation
into the Olenivka prisoners of war massacre. According to this investigation,
49 dead servicemen have so far been identified out of 193 present
in the barracks at the time of the attack. At least 41 people were
killed on the spot, another 9 died of their injuries due to a lack
of medical assistance, and nearly 150 were injured. Charges have
been brought against the Head of the so-called Volnovakha Penal
Colony and his first deputy for their deliberate failure to provide
timely medical care in contradiction with the laws and customs of
warfare. Although the Russian Federation has attempted to destroy and
hide the traces of the crime, the UN High Commissioner for Human
Rights has refuted its claim that the Olenivka colony was shelled
by the Ukrainian military and has called on the Russian Federation
to investigate and bring to justice those responsible for the deaths
and injuries amongst these prisoners of war. So far, no response
has been given to this call, but here and elsewhere, the Assembly
stresses once more that justice must and will prevail.
5. The Assembly notes with great concern that in too many instances,
prisoners of war and civilian captives in the hands of the Russian
Federation are effectively missing persons, as their relatives have
no way of obtaining information about their fate or whereabouts
except in those cases where such persons have been notified through
the International Committee of the Red Cross (ICRC) or are subject
to criminal proceedings in the Russian Federation and in the temporarily
occupied territories of Ukraine. In this respect, it underlines
the vital necessity for the ICRC to be given the possibility to
carry out the role foreseen in its mandate, including inter alia regular visits to prisoners
of war or civilians (whether detained for criminal proceedings or
on security grounds), in accordance with the requirements of international
humanitarian law.
6. International attention has not been sufficiently given to
the topic of Ukrainian prisoners of war and civilian captives, despite
the massive violations of international humanitarian law and international
human rights law involved. The Assembly recalls that international
humanitarian law prohibits the seizure and captivity of civilians
as hostages, which is what is in reality being practised against
Ukrainian civilians by the Russian Federation. The Assembly wishes
to draw greater attention to this topic, calling on Council of Europe
member States as well as observer States and States whose parliaments
enjoy observer or partner for democracy status with the Assembly
to spare no efforts to ensure the release of all Ukrainians prisoners
of war and civilians from Russian captivity and accountability for
those responsible for any crimes and violations of international humanitarian
law and international human rights law committed against these persons.
The Assembly stands ready to help ensure that justice prevails.
7. Recalling that the multiple human rights violations against
prisoners of war and civilians held in Russian captivity have been
flagged by the Assembly before, notably in
Resolution 2562 (2024), the work carried out since April 2022 on the legal
and human rights aspects of the Russian Federation’s aggression
against Ukraine, as well as the ongoing work regarding the need
to step up the efforts to liberate Ukrainian journalists held in
captivity (
Doc. 16020), the motion for a resolution entitled “Protecting civilians:
urgent action to save civilians in Russian captivity” (
Doc. 16029) and the motion for a resolution entitled “Support for
political negotiations to enforce exchange and release of prisoners
of war” (
Doc. 16021), the Assembly calls for a new momentum to put more
pressure on the Russian Federation in order to ensure the release
of these prisoners and captives.
8. While welcoming the return from captivity of more than 3 520
servicemen of the Armed Forces of Ukraine, the Assembly notes with
great concern that the Department for Combating Crimes Committed
in Armed Conflict of the Office of the Prosecutor General of Ukraine
has identified 49 permanent detention sites for Ukrainian prisoners
of war on the territory of the Russian Federation and 16 sites in
the temporarily occupied territories of Ukraine, as well as 6 detention
sites for Ukrainian civilians, and that more than 6 000 soldiers
are still being held captive.
9. The Assembly is appalled by the findings of international
mechanisms, which provide evidence on the systematic use of torture
against Ukrainian prisoners of war and civilian captives. In addition
to insufficient and substandard food and the denial of adequate
medical support, reported ill-treatment includes systematic beatings,
the use of electric shocks, and rape. Unhygienic conditions of detention,
overcrowding, humiliation, unnecessary strict regime, verbal abuse
were also reported.
10. The Assembly takes note of the conclusion of the United Nations
Independent International Commission of Inquiry on Ukraine that
acts of torture are being perpetrated by the Russian armed forces
in the temporarily occupied territories of Ukraine, and by members
of special units and regular personnel of the Federal Penitentiary
Service of the Russian Federation, in the Russian Federation. These
allegations of torture, ill-treatment and enforced disappearance
have also been depicted by the United Nations Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment.
In addition, interrogations are being led by members of the Federal
Security Service of the Russian Federation. The Assembly is appalled
that there seems to be no trace of the Russian Federation’s membership
to the Council of Europe for over two decades, during which the
Organisation’s standards and values should have been used and widely
disseminated as a stable and enduring foundation ensuring that the
authorities and their staff at all levels, including the penitentiary
services, carry out their duties on every occasion in the full respect
of human rights and human dignity. The Assembly urges the Russian
authorities and their personnel to be mindful of and be guided by international
standards of human rights and human dignity in their treatment of
prisoners of war and civilians in Russian captivity. The Assembly
underlines the necessity to bring to account all perpetrators, in
particular commanders and other superiors, and those ordering, soliciting
or inducing the commission of international crimes and other violations
of international human rights and international humanitarian law.
11. There is no doubt that the treatment inflicted upon Ukrainian
prisoners of war and civilians amounts to torture, prohibited by
the International Covenant on Civil and Political Rights (ICCPR),
as defined in the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and as established
by the case law of the European Court of Human Rights and the European
Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT), both instruments to which the Russian
Federation is still a Party. These practices could also amount to
war crimes of torture and inhuman treatment as well as wilfully
causing great suffering or serious injury to body or health under
the Geneva Conventions.
12. The Assembly notes with concern that neither Ukraine, nor
the United Nations or any other international organisation, such
as the ICRC, holds full and precise information on how many Ukrainian
citizens have died in Russian captivity. Not only is access to prisoners
of war and civilian captives frequently denied by the Russian authorities,
contrary to international humanitarian law, but the Russian Federation
has so far failed to confirm the identity and location of prisoners
of war and civilians detained or imprisoned in connection with the ongoing
armed conflict. As a consequence, these unaccounted persons cannot
but be considered as “missing persons”.
13. Moreover, the Assembly is appalled that a number of criminal
proceedings have been launched in the Russian Federation against
prisoners of war and civilians, often grouped together. The charges
brought against them are of various nature – murder, membership
of a terrorist organisation, threats to national security etc. –
and are sometimes cumulative. For example a single person has been
charged under 21 articles of the Criminal Code of the Russian Federation.
The Assembly recalls that in accordance with international humanitarian
law, combatants may not be prosecuted for merely belonging to armed
forces and taking part in hostilities, while the criminal prosecution
of prisoners of war must take place in line with the relevant provision of
Geneva Convention III and Additional Protocol I as well as the ICCPR.
While calling thus for such charges to be dropped, the Assembly
also insists on the urgent need to ensure full access to legal defence
in and access for international monitors in court rooms, securing
procedural safeguards and judicial guarantees, as well as the right
to a fair and regular trial. The Ukrainian civilians detained for
the purposes of criminal prosecution or imprisoned in connection
with the ongoing war of aggression of the Russian Federation against Ukraine
shall benefit from the relevant rights and safeguards in line with
Geneva Convention IV and Additional Protocol I as well as the ICCPR.
14. Moreover, the Assembly recalls that international humanitarian
law and international human rights law contain rules and standards
applicable in situations where persons have gone missing including
in terms of clarifying their fate and whereabouts, and requiring
States to comply with certain obligations relating to the rights
of the relatives of missing persons and of the deceased, namely
the obligation to secure the right to life and the right to human
dignity, to prohibit torture, cruel, inhuman or degrading treatment
or punishment, and enforced disappearances, to ensure the right
to private and family life and the right to an effective remedy.
15. The right to liberty and security under Article 9 of the ICCPR
entails an obligation to account for the whereabouts of all persons
when there is an arguable claim that they have been taken into custody
and have not been seen since. As a result, regardless of the fact
that it is not a Party to the International Convention for the Protection
of All Persons from Enforced Disappearance, the Assembly urges the
Russian Federation to provide the ICRC and relevant UN mechanisms,
including Special Procedures, with access to the places where Ukrainian
prisoners of war and civilians are held, in line with international
humanitarian law and international human rights law, and to be guided
by the principles contained in the Convention. The Assembly recalls
that enforced disappearance of persons violates not only numerous
rights protected by the ICCPR, to which the Russian Federation is
a Party, but also a wide range of customary rules of international
humanitarian law. This practice may also constitute a crime against
humanity, when committed as part of a widespread or systematic attack
against the civilian population.
16. The Assembly has learned with great concern that there are
cases of forced labour in the temporarily occupied territories of
Ukraine, although only few direct witnesses are still alive to bear
testimony, since many have died when being forced into demining
operations. Recalling its recent Resolution (2564) “Post-conflict time:
defusing ticking time bombs for a safe return of displaced populations”,
the Assembly strongly condemns the use of forced labour of prisoners
of war or civilian captives, in particular in dangerous zones, where
they all too often fall victim to landmines and unexploded ordnance
explosions.
17. Given the overall situation of a clear lack of respect for
the basic rights under international humanitarian law of Ukrainian
prisoners of war and civilians held in captivity in the Russian
Federation or in the temporarily occupied territories of Ukraine,
the Assembly highlights the need to strengthen the existing international mechanisms
to both scrutinise and report on the various manifestations of breaches
of such law by the Russian Federation. The Assembly calls upon the
Russian Federation to fully respect the rules and customs of war which
it has committed to under international humanitarian law, breaches
of which constitute crimes for which the perpetrators will be held
accountable.
18. The Assembly strongly deplores that the Russian Federation
is not providing full access to Ukrainian prisoners of war and civilians,
contrary to the requirements of the Geneva Conventions III and IV
and Additional Protocol I. Regarding prisoners of war, the Assembly
considers it crucial that the ICRC gains immediate and unimpeded
access to all places of detention, in accordance with the terms
and powers of its mandate. It calls upon the Russian Federation
to fully respect this right to access for the ICRC and asks the
international community to support and encourage the fulfilment
of this mandate.
19. Recalling the very essence of the ICRC’s mission, i.e. to
ensure respect for international humanitarian law and other fundamental
rules, and underlying the repeated violations of international humanitarian
law and international human rights law by the Russian Federation,
the Assembly calls the ICRC to consider making an exception to its
confidentiality approach by publicly providing information on the
issues it is facing in gaining full access to Ukrainian prisoners
of war, if this would not go against the interests of the prisoners
of war themselves.
20. The Assembly recognises the scope of the mandate of the ICRC
and the possible constraints this may impose. In this respect, the
Assembly welcomes the dialogue it has engaged with the ICRC on the
topic of forcibly displaced Ukrainians (particularly children),
prisoners of war and civilian captives, and hopes to further develop
such dialogue in order to support and work with the ICRC in fulfilling
its mandate and ensuring the safe return to Ukraine of its people.
21. The Assembly considers that the publication of disaggregated
data in ICRC reports would provide more transparent information
on the places where prisoners of war are held, since it is currently
impossible in these reports to distinguish between different types
of visits, namely between Russian or Ukrainian prisoners of war. Thus,
while it is clear that the ICRC has been granted access to Ukrainian
places of detention for Russian prisoners of war, it is less obvious
to determine the extent to which such access has in reality been
granted in the Russian Federation or the temporarily occupied territories
of Ukraine where prisoners of war are held.
22. The Assembly notes the role played by the intervention of
third parties in exchanges of prisoners of war (including captive
Ukrainian civilians in some cases). While welcoming all such exchanges,
the Assembly would encourage the establishment of a more permanent
mechanism for the exchange or the release of Ukrainian prisoners
of war and civilian captives in the Russian Federation or in the
temporarily occupied territories of Ukraine, with the active involvement
of the ICRC and other relevant stakeholders which could influence
positively the outcome. In this respect, the Assembly supports the
idea of an “all for all” exchange, that is, a comprehensive swap
that would involve both parties exchanging all captured individuals,
without leaving anyone behind. Indeed, such an approach could be
a means to build up mutual confidence in this matter, as it would
address humanitarian concerns and alleviate the families affected
by the conflict.
23. Recalling
Resolution
2482 (2023) on “Legal and human rights aspects of the Russian Federation’s aggression
against Ukraine”, the Assembly welcomes the fact that a number of
countries have already exercised universal jurisdiction in cases
related to the war of aggression against Ukraine, regardless of
where the alleged crime was committed and irrespective of the accused's
nationality, country of residence, or any other connection to the
prosecuting entity. It urges Council of Europe member States and
other States to make use of the principle of universal jurisdiction
according to their national legislation to investigate and prosecute alleged
crimes committed in relation to the deprivation of liberty, treatment
and prosecution of Ukrainian prisoners of war and civilian captives.
The Assembly also calls for increased support for and participation
in the activities of the Joint Investigation Team “Ukraine case”
based at Eurojust and the investigation conducted by the Office
of the Prosecutor of the International Criminal Court.
24. The Assembly is convinced that Interpol could play an effective
role in the search for war criminals who committed crimes against
Ukraine and Ukrainians. It calls on other international organisations
and all States to facilitate the search for and prosecution of war
criminals, using not only criminal law but also administrative measures,
such as expulsion from third countries.
25. The United Nations and the Moscow mechanism of the Organization
for Security and Co-operation in Europe (OSCE) have found that torture
used by the Russian authorities in the Russian Federation and in
the temporarily occupied territories of Ukraine has been widespread
and systematic, in particular as regards the horrific treatment
of Ukrainian prisoners of war and civilians held in detention facilities
in the Russian Federation. As prisoners of war and civilian captives
are released and returned, it is crucial that appropriate rehabilitation
programmes are made available, in collaboration with the authorities
and civil society organisations already working in this field, and
with adequate financial and expert resources to provide the long-term
comprehensive support needed. The Assembly believes that a dedicated
programme will be necessary, with sufficient funding allocated,
which can cater to the complex medical, psychological and social rehabilitation
needs of released persons. The Council of Europe and its member
States could play an important role in providing both expertise
and financial support to such an initiative, to which frozen assets
of the Russian Federation might also be dedicated.
26. The Assembly welcomes the establishment of the Register of
Damage Caused by the Aggression of the Russian Federation against
Ukraine (the Register), a significant international effort and the
first step towards a mechanism that will ensure justice and compensation
for Ukraine and its people, which aims to create a factual and evidentiary
basis for reparations for the Russian Federation's violations of
international law. Acknowledging that war crimes often go unpunished
without adequate documentation, the Assembly believes that each
claim submitted to the Register will demonstrate the human cost
of the war and that submitting a claim signals a step toward personal
justice, acknowledgment, and recognition of the harm done, even
before any reparative measures are in place. The Assembly strongly
encourages the submission of claims so that the Register acts as
an archive for future generations, ensuring that the experiences
of prisoners of war and their families are preserved in history.
Moreover, it strongly believes that submitting claims to the Register
is essential for ensuring justice, compensation and accountability.
Moreover, the Assembly considers the Register as an important tool
to empower victims and their families to have a voice in shaping
the post-war legal and humanitarian landscape, holding the aggressors
accountable, and seeking rightful reparations. The Assembly, thus,
calls all Council of Europe member States as well as observer States
and States whose parliaments enjoy observer or partner for democracy
status with the Assembly which have not yet done so, to join the
Enlarged Partial Agreement on the Register of Damage Caused by the
Aggression of the Russian Federation against Ukraine.
27. Deploring that 30 Ukrainian civilian journalists and media
workers remain unlawfully detained in appalling conditions by the
Russian Federation, the Assembly welcomes the release of Crimean
Tatars together with prisoners of war and civilians from Russian
captivity on 28 June 2024. The Assembly recalls that although the
illegal Russian detentions started back in 2014, many of those abducted
have been captured after the beginning of the full-scale war in
2022. The Assembly underlines that the situation in the temporarily occupied
Crimea remains particularly difficult, and urges its members to
engage their governments, civil society, and media networks to raise
awareness of the plight of Ukrainian journalists. The Assembly also
calls for sustained international pressure on the Russian Federation
to release the detained journalists and to provide immediate access
for independent international bodies to inspect the conditions in
which these journalists are held. Here too, the international community
must insist on transparency and accountability to protect the human
dignity and rights of those unlawfully imprisoned.
28. The Assembly wishes to mark its appreciation for the work
carried out by the Ukrainian authorities, including the President’s
Office, the Co-ordination Headquarters for the Treatment of Prisoners
of War, the Office of the Prosecutor General of Ukraine, the Security
Service of Ukraine, the Ministry of Internal Affairs, in particular
the Office for Missing Persons in Special Circumstances (Secretariat
of the Commissioner for Missing Persons in Special Circumstances),
the State Boarder Guard Service of Ukraine and the Ombudsman of
Ukraine, who work together and spare no efforts in ensuring the
release of prisoners of war and civilians in Russian captivity and
in clarifying the fate of missing persons.
29. Acknowledging the role civil society organisations play in
supporting the families of prisoners of war and civilian captives,
the Assembly recommends that co-operation be increased with them.
Such co-operation would entail providing them with financial support,
sharing best practices, and promoting advocacy efforts aimed at
maintaining international attention on the issue.
30. Commending the Office of the Prosecutor General of Ukraine
for the criminal proceedings it has undertaken concerning the deprivation
of liberty of 14 938 civilians, the Assembly looks forward to the completion
of these proceedings in line with the requirements of the European
Convention on Human Rights (ETS No. 5) and of Ukrainian legislation.
31. Acknowledging that not all released civilians have returned
to Ukraine, the Assembly encourages the Council of Europe member
States to support their relocation to third countries for those
who so wish.
32. Conscious that the issue will not be solved in a short period
of time and that co-ordinated efforts will have to be strengthened,
the Assembly will remain seized of the topic of Ukrainian prisoners
of war and civilian captives by the Russian Federation until the
last person is released.
