Support for political negotiations to enforce exchange and release of prisoners of war

In the draft resolution, paragraph 1, second sentence, after the words "severe violations of international law", replace the word "and" with the following words:

", in particular,"

In the draft resolution, paragraph 2, first sentence, replace "over 180" with the following words:

"over 300".

In the draft resolution, replace paragraph 4 with the following paragraph:

"Despite the contrary claims of the Deputy Minister of Defence of the Russian Federation in August 2022, the Russian Federation failed to fulfil its obligation to establish an official Information Bureau for prisoners of war who are in its power (Article 122 of the Third Geneva Convention), and to appoint a Mixed Medical Commission to examine sick and wounded prisoners of war (Article 112). At the same time, the Russian authorities have effectively barred relatives of Ukrainian prisoners of war from requesting information from the Ministry of Defence by requiring the use of the Russian State portal, which is in fact only accessible to Russian citizens due to authentication requirements tied to State-issued Russian credentials. In addition, the Russian Federation has so far rejected initiatives by other States to assume the role of Protecting Powers, while it is a duty as provided for in Article 5 of the First Additional Protocol to the Geneva Conventions, and it is impeding the access to most of its detention facilities by the personnel of the International Committee of the Red Cross (ICRC), the UN Human Rights Monitoring Mission in Ukraine, the UN Independent International Commission of Inquiry on Ukraine, the OSCE/ODIHR Ukraine Monitoring Initiative and other international monitoring mechanisms. However, the Russian Federation is already under an international legal obligation to fully co-operate with all international monitoring bodies and to remove any obstacles to their monitoring activities, notably in areas covered by the judgment of the European Court of Human Rights of 25 June 2024 in the case of Ukraine v. Russia (regarding Crimea), pursuant to the decision of the Committee of Ministers of the Council of Europe CM/Del/Dec(2025)1521/H46-29 of 6 March 2025."

In the draft resolution, paragraph 5, replace the last three sentences with the following sentences:

"95% of 454 released Ukrainian prisoners of war interviewed by the HRMMU provided accounts of torture or inhuman and degrading treatment throughout all stages of captivity. In general, the evidence gathered by international mechanisms, independent media and civil society investigations suggests that the inhuman and degrading treatment of Ukrainian prisoners of war is not confined to specific detention facilities, but is widespread and systematic. This indicates that not only are the Russian authorities failing to take any effective preventative measures, but that they are mandating a policy of inhuman and degrading treatment of prisoners of war. Moreover, the Russian Federation has recently introduced a legal framework granting exemption from criminal liability for international crimes to individuals enlisting in the Russian armed forces. This legal framework is recognised by the Office of the United Nations High Commissioner as a violation of the Russian Federation’s obligations to investigate war crimes and serious violations of international human rights law, and to prosecute alleged perpetrators."

In the draft resolution, replace paragraph 6 with the following paragraph:

"Ukrainian prisoners of war are at risk of inhuman and degrading treatment, torture and even execution from the moment they are captured on the battlefield, and subsequently during their transportation, transit and imprisonment in detention facilities, both in the temporarily occupied territories of Ukraine and in the Russian Federation. They are also at risk of being convicted on trumped-up charges or simply for having taken part in hostilities and for exercising Ukraine’s right to self-defence under the UN Charter, in proceedings that violate fair trial guarantees."

In the draft resolution, at the end of paragraph 8, insert the following sentence:

"Any unlawful, unfair or politically motivated convictions of Ukrainian prisoners of war must not be used as grounds to delay or refuse their release, particularly following the cessation of active hostilities. Any such unjustifiable delay or refusal would constitute an additional war crime under Article 85(4)(b) of Additional Protocol I to the Geneva Conventions, entailing individual criminal responsibility."

In the draft resolution, paragraph 10, first sentence, replace the words "on the basis of the obligations arising from" with the following words:

"while having regard to"

In the draft resolution, at the end of paragraph 12.3, insert the following words:

"and for exercising Ukraine’s right to self-defence under the UN Charter, and refrain from violating their rights to a fair and regular trial"

In the draft resolution, replace paragraph 12.4 with the following paragraph:

"conduct impartial and thorough investigations into all cases of death in custody, summary execution, torture, inhuman and degrading treatment, sexual violence and verbal and psychological abuse of prisoners of war, and ensure that the perpetrators are held accountable, including those within the chain of command"

In the draft resolution, paragraph 12.6, replace the words "internment camps for prisoners of war" with the following words:

"places of internment, including prisoner of war camps and temporary and permanent transit camps".

In the draft resolution, paragraph 12.7, replace the word "establish” with the following word:

"appoint".

In the draft resolution, replace paragraph 12.8 with the following paragraph:

"ensure that an efficient, functional and transparent official Information Bureau is established, with a mandate to cater for both prisoners of war and civilian detainees who are in its power."

In the draft resolution, paragraph 15.1, replace the word "exchange" with the following words:

"mutual release and repatriation".

In the draft resolution, paragraph 15.2, after the word "ICRC" insert the following words:

"and the UN Working Group on Enforced or Involuntary Disappearances"

In the draft resolution, paragraph 15.4, replace the words "release and exchange" with the following words:

"mutual release and repatriation".

In the draft resolution, paragraph 15.6, replace the word "release" with the following word:

"repatriation".

In the draft resolution, paragraph 17, after the word "accountability" insert the following words:

"and providing reparations to victims"

In the draft resolution, paragraph 17.1, after the words "crimes against humanity" insert the following words:

"in particular, taking into account public priorities of the Office of the Prosecutor of the ICC in Ukraine, regarding the killing and torture of Ukrainian prisoners of war in the Volnovakha Penal Colony No. 120 near Olenivka and other places under Russian control"

In the draft resolution, after paragraph 17.2, insert the following paragraph:

"calls on all Council of Europe member States to engage in negotiations on expanding the mandate of the International Compensation Mechanism under its auspices, in order to ensure reparations for damage, loss or injury caused by internationally wrongful acts in or against Ukraine before 24 February 2022, in particular to Ukrainian prisoners of war who have suffered as a result."