As of the beginning of October 2024, more than 65,000 Ukrainians have been recognized as missing, prisoners of war, and illegally detained civilians. This data is contained in Resolution 2573 of the Parliamentary Assembly of the Council of Europe. According to the Coordination Headquarters, 3767 people were released as part of the mutual exchange procedure, of whom only 168 are civilians.
“The Union of Relatives of Political Prisoners of the Kremlin is a non-governmental organization that supports the families of civilians in illegal detention, as well as all those who have suffered from the armed aggression of the Russian Federation and seek justice and the restoration of basic social protection.
With the support of the International Renaissance Foundation, this organization conducted a thorough study of the procedure for proving the fact of illegal detention by civilians who were released outside the procedure of mutual releases. During the presentation of the study, the algorithm of actions to establish such facts by those civilians who were released from illegal detention by the Russian Federation, but not as part of official mutual releases or so-called exchanges, was discussed.
Kateryna Levchenko, head of the legal department of the Association of Relatives of Political Prisoners of the Kremlin, said that the study revealed a number of problems faced by illegally imprisoned civilians, as well as those released outside the procedure of mutual releases. In her opinion, this is primarily due to the irrelevance of the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and their family members has been established.”
“As a result, citizens whom the state failed to protect and who were imprisoned find themselves in unequal conditions after their own release compared to those who were released with the assistance of the Coordination Headquarters for the Treatment of Prisoners of War. Therefore, their right to social protection, which includes medical care and psychological support, is limited, and the procedure for proving the fact of illegal deprivation of personal liberty due to its excessive duration, complexity and bureaucratization turns into a retraumatic experience for such people,” said Kateryna Levchenko.
Mykhailo Savva, Doctor of Political Science, expert at the Center for Civil Liberties, emphasized that the analytical material prepared offers a systematic approach to legal and social protection of people who have returned from captivity.
“Ideas for changes to Ukrainian legislation, which is currently a serious obstacle to protecting the rights of these people, are very important. In particular, the study points to the need to simplify procedures and create institutional responsibility for supporting illegally detained civilians. Without systematic reform of the legal framework and the work of the commissions, thousands of affected citizens risk being left without protection and support,” the human rights activist said.
Among the recommendations provided by human rights activists to state institutions is to update the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the fact of deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established, as this document was adopted before the start of Russia’s full-scale invasion and does not take into account current realities. The amendments should expand the list of civilians who can be recognized as unlawfully detained.
Attention is also drawn to the Commission for establishing the fact of deprivation of personal liberty as a result of armed aggression against Ukraine. It is recommended to regulate its work, especially in terms of meeting the deadlines for reviewing applications and providing a reasoned response to appeals.
With regard to the Coordination Headquarters for the Treatment of Prisoners of War, it can develop a procedure for the treatment of illegally detained civilians, which would provide for a simplified procedure, on a par with those released as a result of mutual releases, for the restoration of documents, medical care and psychological support, and assistance in establishing the fact of deprivation of personal liberty as a result of armed aggression against Ukraine.
Source: UCMC
