HRC57 - Commission of Inquiry on Ukraine - 23 september 2024
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Statements | HRC

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.
Excellencies, 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, Mr Eric Mersey, Mr Pablo de Griev and Miss Brenda Grover, and I now give the floor to the Chair of the Commission of the Inquiry to deliver the oral update.
So the floor is yours.
Distinguished sheer excellencies.
Well into its third mandate, the Independent International Commission of Enquiry 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 have has severely affected the staffing of the Secretary of the Commission and its ability to travel.
The third year of the iron conflict in Ukraine confirms to see a **** number of civilian casualties, in particular in Ukrainian Covenant controls territories, including far from front lines.
According to the Office of the **** Commissioners of Human Rights, the toll of the armed conflict presently races to over 11,743 civilians killed and 24,614 injured.
The Commission is also following the recent situation in the Kurdsk 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 lead 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 sheer excellences.
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.
[Other language spoken]
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 coordinated 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 referred 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 Volnavaca Correctional Colony, known as Olanivka in Ukraine on 29th July 222, when a blast led to the death of many Ukrainian prisoners of war.
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 bedsheets for bandages.
They saw many die that night, while the leadership of the Olenovka colony stood by and watched distinguished sheer excellences.
These violations have left many of the victims with grave or irreparable physical harm and trauma.
Most of them emphasised the deep psychological impact of these experiences for them and their families.
Some reported immense challenges in reintegrating into the society and relating to the loved ones.
They invoked a 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 a 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 cooperate and coordinate their efforts on these important matters.
[Other language spoken]
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.
[Other language spoken]
Excellencies, distinguished members of the United Nations Commission of Enquirer on Ukraine, state and civil society representatives, colleagues, partners.
It is a pleasure to address you today and I'm grateful to the UN Commission for providing an update on its investigative results to date in 2024.
Particularly, it's 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.
Ten years after the Russian Federation invasion of Ukraine and over two years after its full scale aggression on 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.
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.
[Other language spoken]
I'm 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 fact the lack of electricity has on daily life is profound.
What the 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.
[Other language spoken]
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 includes the ****** 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'm grateful to the United Nation 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 relations are the basis for ensuring the proper international justice that Ukraine needs.