Russia bears responsibility for the occupied territories – Amnesty International Ukraine

Russia exercises effective control over the occupied territories, establishing its own administration and laws there. According to international law, the occupying power is responsible for all human rights violations that occur in these territories, as stated by Veronika Velch, the director of Amnesty International Ukraine, during the presentation of the organization’s report on war crimes against Ukrainian prisoners of war held by Russia.

Veronika Velch. Photo credits: Tetiana Dzhafarova, Suspilne Novyny

While preparing the report, representatives of Amnesty International Ukraine conducted over 100 interviews with former prisoners of war and their family members. They shared their experiences, memories, and interactions with state and non-governmental organisations.

According to Velch, the Ukrainian office of Amnesty International underwent a complete relaunch last year, updating its team and changing its strategy. Following this, a comprehensive nine-month study was prepared and has now been presented. This marks the first time the organisation has analysed the issue of prisoners of war in its report, having previously focused exclusively on the problems of civilians.

“To do this, we convinced the Amnesty movement, which supported us. This is unprecedented for us, as previously, such studies were conducted on civilian prisoners, e.g. in Syria and Nagorno-Karabakh. The topic of prisoners of war remained outside our attention,” she added.

Velch emphasised that Amnesty International recognises that the military conflict in Ukraine has been ongoing since 2014, with the full-scale Russian aggression beginning on February 24, 2022. Over the 11 years of the war, many Ukrainians have been captured, but the current study focuses only on those held in Russian captivity since the start of the full-scale invasion.

She stressed that a vast number of Ukrainians are currently held in Russian captivity in inhumane conditions. Velch acknowledged that their research might not be as startling for Ukrainians as it will be for international human rights advocates. In particular, the organisation’s report addresses the issue of access to Ukrainian prisoners of war in Russian prisons, where thousands of people do not receive correspondence, are denied medical care, and are subjected to constant torture.   

“This is shocking. The report details all the illegal actions of Russia regarding detention, enforced disappearances, ill-treatment, and the execution of Ukrainian prisoners. The main focus is on Ukrainian prisoners of war, but we also touch on the topic of civilian detainees and the missing. In the report, we clearly name the Russian Federation as responsible for the violations, and it does not matter who committed them, whether it was private companies like Wagner or their ‘L/DPR agents.’ We recognise that Russia exercises governance and control in these territories. Therefore, responsibility lies with the Russian side,” stated the director of Amnesty International Ukraine.

The report states that the most serious war crimes against prisoners of war are extrajudicial executions and deaths in captivity. Over the past year, Amnesty International Ukraine documented approximately 109 intentional killings of prisoners in captivity. At least two Russian state officials – Deputy Chairman of the Security Council of the Russian Federation Dmitry Medvedev and President of Chechnya Ramzan Kadyrov – have called for Ukrainian prisoners of war not to be taken captive or to be killed.

“Respondent Volodymyr Shevchenko, whom we interviewed, recounted how Ukrainian prisoners of war were beaten to death in front of him. This also happened to civilians. He spoke of torture and how people were driven to suicide. We remind that the willful killing of prisoners of war, as well as those who can no longer participate in hostilities, is a war crime,” Welch asserted.

Another significant issue investigated by Amnesty International Ukraine is the incommunicado detention of prisoners. The majority of Ukrainian prisoners of war are held without any contact with the outside world.

Only five of 43 exchanged prisoners and their family members reported receiving letters or having the opportunity to communicate by telephone. They were only allowed to do so after Russian television channels had interviewed the prisoners.   

Torture is another type of crime highlighted in the report. Almost all prisoners of war interviewed by Amnesty International staff reported that torture is systematic, widespread, and occurs at all levels – from initial reception and throughout their time in Russian prisons. In particular, prisoners are subjected to electric shocks and sexual abuse.

“We understand that this impunity is very often a form of the wild fantasies of the torturer. This is a war crime for which these people will be held accountable,” she added.

The report also highlights the lack of medical care, which the Geneva Conventions regulate. The organization emphasizes that the denial of pain relief is a violation of international law and qualifies as a war crime. According to human rights defenders, all prisoners of war, without exception, do not receive any medical care, even in cases of severe injuries.

“And people are left to their own devices in a format: if you survive, you survive; if not, then not. Such cases are systematic and widespread, and this is a war crime. Often, prisoners of war are punished for the very fact of seeking medical help for themselves or others,” Welch noted.

Enforced disappearances are another complex issue raised by Amnesty International Ukraine. According to the state register of persons missing under special circumstances, approximately 55,000 people are listed as missing.

The organisation believes that some of these individuals are likely in captivity, while others have died. For example, last year, out of 3,767 people who were exchanged, 25% were subjects of enforced disappearance. The organisation believes that Russia deliberately does not confirm the fact of their presence on its territory while exerting pressure on their families.

“We have tried to communicate with the ICRC on this matter… But this is a huge problem for the Ukrainian side. And this is a problem where the international community can really have an impact,” believes the director of Amnesty International Ukraine.

The final topic of the study on prisoners of war was sham trials. Amnesty International Ukraine recalls that the prosecution of prisoners of war for their participation in hostilities is a violation of the Geneva Conventions, and the denial of the right to a fair trial is a war crime.

“Currently, we are witnessing show trials of Ukrainian prisoners of war in Russia, where they are accused, and attempts are made to hold them accountable under internal Russian criminal law. This is a gross violation and a mockery of justice,” said Velch.

Amnesty International Ukraine calls on the Russian Federation to grant international organisations access to prisons where Ukrainian prisoners of war are held.

The organisation also insists on the repatriation of seriously ill and wounded prisoners of war to prevent their possible deaths, as the majority of Ukrainian defenders are captured with severe injuries. The return of these individuals should be handled by joint commissions, which Ukraine has established, but Russia has not.

“This is the area where we believe changes and concessions are possible,” says the head of Amnesty International Ukraine.

According to Ukrainian Ombudsman Dmytro Lubinets, as of December 6, 2024, 58 exchanges had been organised, and 3,767 prisoners had been returned to Ukraine. This figure also includes 168 civilians.

The register of persons missing under special circumstances contains over 71,000 entries, including data about military personnel and civilians. In 2024, approximately 30,000 people were considered missing.