HRC57 - Commission of Inquiry on Ukraine - 23 september 2024
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HRC57 - Commission of Inquiry on Ukraine - 23 September 2024

Interactive dialogue with the Independent International Commission of Inquiry (COI) on the situation of human rights in Ukraine stemming from the Russian aggression (oral update), at the 57th session of the Human Rights Council

Speakers:

  • Mr. Erik Møse, Chair, COI Ukraine
  • Mr. Andriy Kostin, Prosecutor General, Ukraine
  • Mr. Dmytro Lubinets, Ukrainian Parliament Commissioner for Human Rights




Teleprompter
Ladies and gentlemen,
please take your seats.
Excellency's distinguished participants.
We shall now begin the interactive dialogue
on the oral update by the Independent International Commission
of Inquiry on the Situation of Human Rights in Ukraine
stemming from the Russian Federation.
The list of speakers will close in 15 minutes.
It is my pleasure to welcome the distinguished members of the commission.
Mister Eric Mercer,
Mister Pablo de
Grief
and Miss Linda. Grover
and I now give the floor to the chair of
the Commission of the inquiry to deliver the oral update.
Sir, the floor is yours.
Distinguished Share Excellencies
Well into its third mandate,
the Independent International Commission of Inquiry on Ukraine
is pleased to brief the Human Rights Council on its preliminary findings.
This update will focus on torture and sexual violence,
attacks with explosive weapons
and the impact of attacks on critical energy infrastructure.
The Commission reiterates its gratitude to victims,
witnesses and organisations who shared valuable information,
often traumatic accounts.
We appreciate the information provided by the government of Ukraine.
The Russian Federation still refuses to communicate with the Commission
in the current mandate. The liquidity crisis at
the United Nations has severely affected the
staffing of the Secretariat of the Commission
and its ability to travel.
The third year of the armed conflict in Ukraine
confirms to see a high number of civilian casualties, in particular in Ukrainian
con and controlled territories, including far from front lines.
According to the Office of the High Commissioner for Human Rights,
The toll of the armed conflict presently raises to over 11,743 civilians killed
and 24,614 injured.
The commission is also following the recent situation in the
Kursk region of the Russian Federation.
We have continued documenting attacks with explosive
weapons affecting civilian objects in populated areas
with devastating consequences for the population
in territories.
Under Ukrainian government control,
the commission investigated attacks that struck medical institutions,
cultural objects, residential buildings and supermarkets.
It is also attempting to investigate attacks in the
Russian occupied areas and in the Russian Federation.
Repeated large scale waves of attacks
on Ukraine's energy infrastructure
have resulted in power outages, sometimes affected millions of civilians.
The blackouts have particularly affected the health and
well being of certain categories of the population.
Older persons and persons with disabilities have, for instance,
suffered from difficulties to access shelters during emergencies,
reduced access to life saving medical devices
and increased isolation which accentuated their vulnerabilities.
Blackouts also led to disruption of online education,
resulting in greater losses for displaced Children
and Children with disabilities
who are more likely to enrol in remote education.
Distinguished Chair Excellencies
The commission has documented new cases of torture committed by
Russian authorities against civilians and prisoners of war in Ukraine
and in the Russian Federation.
Most victims were men.
We gathered evidence of sexual violence used as torture,
mainly against male victims in detention
and of rapes targeted women in villages under Russian control.
During previous mandates,
the commission highlighted that torture committed by
Russian authorities has been widespread and systematic.
Our recent investigations show that the Russian
authorities have committed torture in Ukrainian regions
where they have taken control of territories.
This reinforces the finding that torture has been widespread.
The commission has also previously established that torture was systematic as
demonstrated by common elements regarding the categories of persons targeted,
the aims for which torture was used
and the similarity of methods employed
in the present mandate.
The commission has identified additional common elements in
the use of torture by Russian authorities,
reinforcing the finding that this was systematic.
One element is the consistency of practises in detention centres,
where detainees from Ukraine have been held in the Russian Federation
and the replication of these practises in several
large penitentiary centres in occupied areas of Ukraine.
Another common element emerging from the evidence points towards a co
ordinated use of personnel from specific services of the Russian Federation
who are involved in torture in all
the detention facilities investigated by the commission.
A further common feature is the recurrent use of sexual violence as a form of torture
in almost all these detention centres.
Moreover, the commission notes testimonies from former detainees,
according to which penitential personnel in the Russian Federation
refer to orders to inflict brutal treatment.
Testimonies also illustrate that in some detention facilities,
higher ranking Russian
authorities ordered, tolerated or took no action
to stop such treatment.
For instance, in a detention centre in occupied territories of Ukraine, a
witness described the arrival of a
penitentiary official from the Russian Federation
who introduced himself to the detainees, stating.
I broke everyone
and will do the same to you.
The wide geographic spread of locations where torture was committed
and the prevalence of shared patterns
demonstrate that torture has been used as
a common and acceptable practise by Russian authorities
with a sense of impunity.
A disturbing factor,
reported in many detention facilities operated by Russian authorities,
is the lack of adequate medical assistance to those who desperately needed it.
In one facility, even penitentiary doctors participated in
the torture.
One egregious illustration was provided through compelling
testimony of former detainees in the Volva
Correctional Colony,
known as Olenka
in Ukraine on 29 July 222
when a blast led to the death of many Ukrainian prisoners of
B.
According to them,
no immediate medical support was provided to dozens
of others who suffered life threatening injuries.
Ukrainian military doctors detained in the colony
were the only ones attempting to deliver first aid. During that night.
They recounted assisting fellow soldiers in the
dark and without vital medical equipment,
using the small amount of supplies remaining in their own first aid kits
and bed sheets for bandits.
They saw many die that night,
while the leadership of the Olenka
colony stood by and watched
distinguished Chair Excellencies.
These violations have left many of the victims
with grave or irreparable physical harm and trauma.
Most of them emphasise the deep psychological impact
of these experiences for them and their families.
Some reported immense challenges in reintegrating into the society
and relating to their loved ones.
They invoked the need for psychological and
social support for themselves and their families.
A prisoner of war, victim of torture,
recounted how he struggled to reintegrate into civilian life after his release,
saying,
I was haunted by the fear of being imprisoned again.
I'm at home physically,
but I still feel mentally imprisoned by the
trauma inflicted upon me by the Russians.
Many victims expressed the vital need for justice to be done.
The commission reiterates the importance of continuing investigations,
identification of perpetrators
and accountability,
as well as comprehensive support for victims.
It calls upon all parties to co operate
and coordinate their efforts on these important matters.
Thank you.
I thank the chair of the Commission of Inquiry for your oral update.
According to our practise,
we shall start by hearing the delegations of the countries concerned,
and I would now give the floor
to the distinguished representative of the Russian Federation
I note
that the delegation of the Russian Federation is not in the room.
I will therefore now give the floor
to the distinguished representative of Ukraine.
You have five minutes
excellencies
distinguished members of the United Nations Commission of Inquiry on Ukraine
State and Civil Society representatives,
colleagues, partners.
It is a pleasure to address you today
and I am grateful to the UN Commission for
providing an update on its investigative results to date
in 2024
particularly its work to document and investigate torture and sexual
violence against prisoners of war as well as civilians,
attacks targeting energy and other critical infrastructure,
and the widespread and devastating use of explosive weapons,
including in densely populated areas.
10 years after the Russian Federation invasion of Ukraine
and over two years after its full scale aggression in Ukraine,
our efforts to ensure justice and accountability are an integral part of
our response to the atrocities that Russia has brought to Ukraine's soil,
ensuring justice and accountability for torture,
sexual violence and related crimes.
A
priority for my office. Thousands of Ukrainian captives,
including civilians and particularly Children,
are forcibly detained by Russia in the
temporarily occupied territories of Ukraine and in Russia
in particular,
I am grateful to the UN commission of inquiry for maintaining an investigative
focus on the systematic torture of Ukrainian prisoners of war in Russian captivity
and increasing reports of their summer execution.
Such conduct, which includes repeated beatings, electric shocks,
threats of execution, prolonged stress positions and mock execution,
amounts to war crimes and potentially other crimes under international law.
In pointing to shocking reports of torture,
as the commission of inquiry has done consistently,
it is important for us not to gloss over the widespread perpetration
of sexual violence against Ukrainian prisoners of war and civilians in detention.
Contexts, particularly sexual violence, is often used as a form of torture,
whether intended to obtain information,
intimidate or to punish and humiliate detainees.
My office and our specialised conflict
related sexual violence division is further committed
to accountability for widespread reports of
sexual violence against women and girls,
among other victims in occupied territory
this past summer,
many Ukrainian civilians had to live with blackouts
extending up to 12 hours per day.
The effect the lack of electricity has on daily life is profound.
Water utilities cannot distribute clean water to homes or businesses.
Sewage and sanitation systems become
inoperable.
Hospitals have to rely on backup generators to operate life savings equipment.
Winter is now approaching,
and the civilian population will continue to feel the effects of these attacks.
Despite energy companies working tirelessly to repair
the damaged equipment as quickly as possible,
Repairs require complex equipment that can take
months to be delivered and installed.
New attacks launched by Russian armed forces
will further endanger energy infrastructure facilities.
These deliberate strikes on energy grids are
clearly intended to weaponize the cold,
threatening to plunge millions of our citizens into hardship.
These strikes are acts of war, yes,
but they are also part of a systematic effort to
dismantle civilian life and break our spirit by disrupting electricity,
heating medical care, the food supply,
access to education and other vital services.
My office will continue to document and investigate these incidents as war crimes.
Finally, as a consequence of reckless urban warfare by Russian invaders,
cities and towns have been devastated by explosive weapons,
levelling entire cities and leaving millions of tonnes of contaminated
debris to pollute our land and maim our citizens.
About 30% of Ukrainian territory is now mined making
it the most mined country in the world.
The Commission of Inquiry previously noted the use of explosive weapons in
populated areas has been one of the main causes of civilian casualties.
Yet Russia continues to use explosive weapons in civilian
cities on civilian targets nearly every passing day.
Hundreds,
even thousands of indiscriminate attacks with explosive
weapons committed by Russian armed forces have led
to the death and injury of civilians and
the destruction and damage of civilian objects.
My office is profoundly grateful to the work of the UN Commission of Inquiry is
doing to call attention to the violations
committed by Russian armed forces in Ukraine.
We appreciate your continued support and remain optimistic
that we will soon achieve accountability for these crimes.
Thank you.
I thank Ukraine for your statement and will now give
the floor to the Ukrainian Parliament Commissioner for Human Rights.
Unfortunately, due to the unprovoked Russian invasion,
Ukraine has become a country where brutal crimes continue to be committed.
These include the murder of civilians, deportation of Children,
executions of prisoners of war,
massive missile attacks on residential buildings, nuclear terrorism,
destruction of cultural monuments, schools,
hospitals and other objects of energy and civilian infrastructure.
I am grateful to the United Nations Independent
International Commission of Inquiry for its
extremely important and challenging work.
The results of your research are
already crucial in preparing evidence for international
judicial bodies, which paves the way
for bringing the perpetrators to justice.
Your work is essential to fully reveal the scale and
nature of the crimes committed during the armed conflict.
Your work helps
to preserve the facts for history,
but most importantly, it ensures that fair and effective justice can be
delivered in the future.
I urge you to continue your work.
Despite all the difficulties, documentation of crimes,
victims' testimonies and facts of violations are
the basis for ensuring the proper international justice
that Ukraine needs.