Missing persons, prisoners of war and civilians in captivity as a result of the war of aggression of the Russian Federation against Ukraine
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 2 October 2024 (29th sitting) (see Doc. 16050, report of the Committee on Migration, Refugees and
Displaced Persons, rapporteur: Ms Mariia Mezentseva-Fedorenko). Text adopted by the Assembly on
2 October 2024 (29th sitting).See also Recommendation 2285 (2024).
1. Underlining its unwavering support
to Ukraine in ensuring a decisive victory over the Russian Federation following
the full-scale military aggression against Ukraine unleashed by
the Russian Federation on 24 February 2022, the Parliamentary Assembly
reiterates its condemnation of the situation related to the fate of
Ukrainian prisoners of war, including foreign nationals fighting
for Ukraine, as well as 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
a 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 military personnel
and civilians were registered as missing or captured, among whom
50 916 were 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 military personnel
or civilians, but also by their relatives. While 3 672 persons were
released 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 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 disappearances, 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 and socio-medical rehabilitation, and 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 and 29 July
2022. To date, this atrocity remains unpunished and the wounded
soldiers are still held in captivity. No independent investigation
has been carried out since the United Nations 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 military personnel 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
the lack of medical assistance, and nearly 150 were injured. Charges
have been brought against the head of the “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 United Nations 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 among these prisoners of war. So far, no response has
been given to this call, but here and elsewhere the Assembly continuously
stresses 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 by the
International Committee of the Red Cross (ICRC) or are subject to
criminal proceedings in the Russian Federation or 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 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. The international community has not given enough attention
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 underlines
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 Ukrainian
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) “An urgent
call to Europe and its partners: envisioning immediate and long-term
policy solutions in support of the displaced people of Ukraine”,
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 efforts
to liberate Ukrainian journalists held in captivity by the Russian
Federation (
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 civilian captives.
8. While welcoming the return from captivity of more than 3 520
military personnel 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, an unnecessary strict regime and 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 disappearances
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
of 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 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 hold 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 law 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 United Nations 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
Convention 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
cause 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, nor any other international organisation such
as the ICRC, has 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 various – 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 relative to the Treatment of Prisoners of
War and the Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of International
Armed Conflicts (“Protocol I”), as well as the ICCPR. Thus, while
calling for such charges to be dropped, the Assembly also insists
on the urgent need to ensure full access to court rooms for legal
defence and international monitors, 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 relative to the Protection of Civilian Persons in Time of War
and Protocol I, as well as the ICCPR.
14. Moreover, the Assembly underlines 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; and 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 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 United Nations
mechanisms, including special procedures, with access to the places where
Ukrainian prisoners of war and civilians are being held, in line
with international humanitarian law and international human rights
law, and to be guided by the principles contained in that convention.
The Assembly underlines that the 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 a few direct witnesses are still alive to
give testimony, since many have died as a result of being forced
into demining operations. Recalling its recent
Resolution 2564 (2024) “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 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 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, that is
to ensure respect for international humanitarian law and other fundamental
rules, and underlining the repeated violations of international
humanitarian law and international human rights law by the Russian
Federation, the Assembly calls upon 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 does 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 of these people to Ukraine.
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 to distinguish between different types of visits in these
reports and to know whether these visits concern 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 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 encourages the establishment of a more permanent mechanism
for the exchange or 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 positively influence
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 bring relief to families affected by the
conflict.
23. Recalling
Resolution
2482 (2023) “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, in accordance with their national legislation, to
investigate and prosecute the perpetrators of 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 into alleged core international
crimes committed in Ukraine based at Eurojust and the investigation
conducted by the Office of the Prosecutor of the International Criminal
Court.
24. The Assembly is convinced that the International Criminal
Police Organization (INTERPOL) could play an effective role in the
search for war criminals who have 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 the
use of torture 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”). It is a significant international effort
and the first step towards a mechanism that will ensure justice
and compensation for Ukraine and its people, and 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 constitute a step towards
personal justice, acknowledgement 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.
Furthermore, 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, to hold the aggressors
accountable and to seek rightful reparations. The Assembly thus
calls on 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. While 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 since the beginning of the full-scale
war in 2022. The Assembly underlines that the situation in temporarily occupied
Crimea remains particularly difficult, and it 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 being 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 express 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, which 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 this 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 civilians held in captivity by the Russian Federation
until the last person is released.
