Transfer of Children to Russia and Torture of the “Inconvenient” Activist for the Occupiers – the Latest News from the MIHR

Why transferring minors from Ukraine to the NGCA and russia is against international law, and what the family of activist Sergiy Tsygipa detained in Kherson has to say after watching a video of him shown by pro-russian channels – find out in this digest.

An employee of the so-called “Ministry of Internal Affairs” “DNR” and refugees from Mariupol near the village of Rybatske, Mangush district, Donetsk region, March 26, 2022. Source RIA Novosti

Recently, 11-year-old Kira Obedynska returned to Ukraine. The girl used to live in Mariupol with her father, who died. On March 25, she was injured in a mine explosion while trying to get out of the city. She was taken to a hospital in Mariupol, already occupied by the russians, and then to Donetsk. Along with Kira, 9-year-old Ilya Matviyenko returned to Ukraine. According to various estimates, there may be between 40 and 200 thousand Ukrainian children in russia right now, taken there under the guise of evacuation.

According to Darya Kasyanova, program director of the charity SOS Children’s Villages, some of the displaced orphans still have family in Ukraine.

Darya Kasyanova, program director of the charity SOS Children’s Villages

 

«These are children from foster families and family-type orphanages, injured children from Mariupol and those who were in Mariupol health and recreation centers. They were taken to Donetsk through Mangush. Some of them are in recreation centers in russia already; those are used as temporary accommodation in Rostov Oblast, Taganrog and around Taganrog,» Darya Kasyanova told MIHR.

 

International law does allow the transfer of children in wartime under certain circumstances, says Kateryna Rashevska, lawyer of the Regional Center for Human Rights. These circumstances are given in Article 49 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War:

🔹 the need for medical attention, when there is a threat to the life or health of a child;🔹 military reasons. For instance, when a military unit is stationed near a kindergarten.

However, according to Kateryna, even if such circumstances existed, russia would be required to discuss with Ukraine where the children should be transferred. There have been no such discussions, which shows that the evacuation was done in violation of IHL. More than that – the deportation of children is an element of genocide. See Kateryna’s explanation in this material.

Kateryna Rashevska, lawyer of the Regional Center for Human Rights

***

Two months have passed since activist and volunteer Sergiy Tsygipa was detained. He disappeared on March 12 when, accompanied by his dog, he went to the neighboring town of Tavriysk to bring medicines and food to the locals. Recently, a russian TV channel showed a video with Sergiy, in which he says that he’s in russia. The activist’s wife, Olena, believes that the video was made under coercion. While watching, she noticed signs of torture on him.

Sergei Tsygipa during a so-called interview published by pro-Russian channels, April 2022

«I saw two broken fingers, because there’s a noticeable greenish color to the knuckles of his right hand. His right hand was broken, I understand, because during the whole interview, whenever he moved it, he would immediately hold it with his left. The shirt is too big, so I think he has broken ribs too,» says Olena.

«I saw two broken fingers, because there’s a noticeable greenish color to the knuckles of his right hand. His right hand was broken, I understand, because during the whole interview, whenever he moved it, he would immediately hold it with his left. The shirt is too big, so I think he has broken ribs too,» says Olena.

 

For more information, please contact: [email protected].

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Statement on enforced disappearance of Iryna Danilovych in occupied Crimea

On April 29, 2022, activist and citizen journalist Iryna Danilovych went missing in the occupied Crimea while returning home from work. On the same day, Russian security forces searched Iryna’s house in the village of Vladyslavivka near Feodosia, where she lived with her parents, and seized her phone and equipment.

The representatives of the occupying power showed a search warrant but did not give Iryna’s parents a copy of the document. In addition, security officers did not inform them of the daughter’s whereabouts, only stating that she was allegedly arrested for 10 days for passing some “non-confidential information” to a non-governmental organization. As of May 7, the ninth day after she went missing, it is known nothing about where Iryna Danylovich stays and in what status.

The law enforcement agencies of the occupying power do not take effective measures to search for Iryna Danilovych. Iryna’s father and lawyer filed a report on the abduction with several agencies in Crimea but received no response. In addition, there is information that a video capturing the moment of Iryna being abducted appeared, but Russian law enforcement agencies for a long time refused to attach this video to the case file and provide her father with a copy.

The abduction of Iryna Danilovych has signs of enforced disappearance under the International Convention for the Protection of All Persons from Enforced Disappearance. During the search, Russian security officers informed Iryna’s parents about her arrest, but for nine days in a row they have not provided information about her whereabouts, charges brought against her, and the place and time of possible court hearings in her trial. In addition, the detainee does not have access to a lawyer, as a result of which she is deprived of legal aid.

Iryna Danilovych worked as a nurse. She was also a citizen journalist, covered the problems of the health care system in Crimea and disseminated information about the war in Ukraine. Before the war, Danilovych cooperated with several media and human rights initiatives (InZhyr-Media, Crimean Trial) and ran her own project, Crimean Medicine Unwrapped, speaking about the rights of health professionals. Danilovych also took an active part in the trade union movement and headed the Crimean branch of the Alliance of Physicians. Hence, Danilovych was subjected to administrative pressure and was fired from the substance misuse department of the Feodosia Medical Association. She was threatened with a lawsuit because of her trade union activities.

As a reminder, the Russian Federation has imprisoned 13 Crimean journalists. These are Crimean Tatar citizen journalists Osman Arifmetemetov, Marlen Asanov, Asan Akhtemov, Remzi Bekirov, Tymur Ibrahimov, Server Mustafayev, Seyran Saliyev, Ruslan Suleymanov, Rustem Sheikhaliyev, and Amet Suleymanov, as well as journalists Oleksiy Bessarabov, Vladyslav Yesypenko, and Nariman Dzhelyal. Dzhelyal is the First Deputy Chairman of the Mejlis of the Crimean Tatar People, a former journalist.

While the main attention of the international community is focused on the mass atrocities of Russian troops on mainland Ukraine, the reprisals pursued by the Russian occupying power in Crimea remain virtually unnoticed. Arbitrary searches, arrests, torture in places of detention, sentences in politically motivated criminal cases and other gross human rights violations, war crimes and crimes against humanity continue to be committed on the occupied peninsula.

The abduction of Iryna Danilovych in Crimea amid large-scale enforced disappearances in Kherson, Zaporizhzhia, and other occupied regions of Ukraine testifies to a real threat to life, health, and freedom of civil society activists, human rights defenders, and other people in all territories temporarily controlled by Russian-occupation forces. In 2014-2021, according to CrimeaSOS data, 44 people became victims of enforced disappearances in the occupied Crimea, the fate and whereabouts of 15 of them are still unknown.

In view of the above, we call on the international community, including UN Working Group on Enforced or Involuntary Disappearances, UN Working Group on Arbitrary Detention, UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN Special Rapporteur on the situation of human rights defenders, Office of the UN High Commissioner for Human Rights, Secretary General of the Council of Europe, Council of Europe Commissioner for Human Rights, Council of Europe Steering Committee on Media and Information Society, PACE Committee on Legal Affairs and Human Rights, PACE General Rapporteur on the situation of human rights defenders, representatives of the EU, European External Action Service, OSCE Representative on Freedom of the Media, Congress of Local and Regional Authorities of Europe, and International Committee of the Red Cross, within all their possible powers and mandates to:

 

  1. Demand that the Russian Federation urgently determine the whereabouts and release Irina Danilovych and all other victims of enforced disappearances in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol.
  2. Assist the Government of Ukraine in finding and investigating cases of enforced disappearances in the occupied territories.
  3. Provide comprehensive support to victims of enforced disappearances, their relatives, as well as victims of other gross human rights violations, war crimes, and crimes against humanity in the occupied territories of Ukraine.
  4. Continue to monitor and document human rights violations, war crimes, and crimes against humanity in the occupied Crimea and include their regular reports on the human rights situation in Ukraine.

 

We call on the governments of foreign countries to:

  1. Increase diplomatic, sanctions, and other pressure on the Russian Federation to accelerate the de-occupation of Crimea, Donbas, and all other territories of Ukraine.
  2. Impose personal sanctions on Russian officials and employees of the occupation administration involved in enforced disappearances and other gross human rights violations in all occupied territories of Ukraine.
  3. Provide comprehensive support to victims of enforced disappearances, their relatives, as well as victims of other gross human rights violations, war crimes, and crimes against humanity in all occupied territories of Ukraine.
  4. Use the mechanism of universal jurisdiction to prosecute persons involved in enforced disappearances, torture, war crimes, and crimes against humanity in all occupied territories of Ukraine.

 

 

 

CrimeaSOS

Regional Center for Human Rights

Human Rights House Crimea

Human Rights Centre ZMINA

Center for Civil Liberties

Institute of Mass Information

Ukrainian Center for Independent Political Research

Cherkasy Human Rights Center

Open Dialogue Foundation

Regional Council of Ukrainians of Crimea

Taurian Humanitarian Platform

Human Rights Center “Action”

Crimean Human Rights Group

“Almenda” Civic Education Center

Sova Expert Group

Association of Relatives of the Kremlin Political Prisoners

Media Initiative for Human Rights

Union of Internally Displaced Persons

Crimean Center for Business and Cultural Cooperation “Ukrainian House”

Legal Advisory Group

PEN Ukraine

The Ukrainian Helsinki Human Rights Union

People gone missing in Trostyanets found in Russian jails

During the occupation of Trostyanets in Sumy Oblast, looking for veterans of the Anti-Terrorist Operation, Russian troops were detaining innocent bystanders. According to witnesses, people were taken to the local railway station and police station. However, once the Russians withdrew from the city, some of the hostages were nowhere to be found, alive or dead.

Trostyanets resident Oleksandr Sytnyk was detained by russian soldiers on March 12, 2022

Trostyanets resident Oleksandr Sytnyk was detained by russian soldiers on March 12. Oleksandr was headed home to get his things and leave the city. After that, he couldn’t be reached. When his family asked the russians about his whereabouts, they said they would return him – but they didn’t. Instead, they searched their home. According to the family, they were looking for weapons and wanted to check the computer as well, but were unable to because the power was out.

Oleksandr’s namesake, Sergiy Sytnyk, also had his residence searched. According to his sister Tetyana, the soldiers paid him a visit more than once.

«They knew that Sergiy held a military rank. They said they had lists of people like that. Eventually, they found Sergiy too. Our mother was at home, and she understood from the men’s conversation that they were not russian soldiers, they came here from the DPR and LPR,» says Tetyana Sytnyk.

This is Trostyanets after almost a month of the occupation of the Russian. April 2022

The families of the missing men tried to find them on their own. It became known later that russians had indeed set up improvised prisonsat the local police station and railway station. In addition to holding hostages, the locations were also used for interrogations.

«There was a hospital of sorts for wounded russians in the basement of the railway station. When we went down there after Trostyanets was liberated, we found a lot of makeshift beds, drips and traces of blood. Apparently, there were many wounded there, and it seems that many died there,» says Igor, a local.

Trostyanets resident Oleksandr Faizov was one of those held at the railway station. At first he was the only one there, then new hostages started arriving. As Oleksandr told MIHR, all detainees were subjected to beatings, and some were eventually taken away somewhere. When Trostyanets was liberated, he was able to leave the railway station on his own. The missing men, however, never returned, nor could any bodies be found anywhere. They were apparently taken to pre-trial detention centers in russia.

On April 19, 2022, a prisoner exchange took place, and Oleksandr Sytnyk returned to Ukraine. It turned out that he, along with other hostages and wounded Russian soldiers that required urgent medical attention, had been put in a vehicle and taken to russia. The hostages spent the whole trip blindfolded. There weren’t any stops along the way. All they knew was that they were being taken somewhere. Eventually, it became clear that their destination was the SIZO in Stary Oskol, Belgorod Oblast, Russia.

«The russians didn’t know what to do with us. It was obvious that we were captured only for numbers, so that they had someone to exchange. Then we were told that they “had the right to keep us only for three months,» says Oleksandr.

There were both civilians and servicemen in the cell. According to Oleksandr, all of them were captured without any reasons or explanations given. None were also given when they were released:«They put us on a plane. There were 23 of us there. The route was Kursk-Voronezh-Taganrog-Sevastopol. In the end, there were 76 people there: 60 military and 16 civilians. All were men.»

During the occupation, Trostyanets was under the control of the 4th Guards Tank Kantemir Division (Naro-Fominsk). Under the procedural supervision of the Okhtyrka District Prosecutor’s Office, the Kantemir Division’s commanding officer has been notified in absentia of suspicion of violating the laws and customs of war.

In what conditions the residents of Trostyanets were detained, read in the investigation.For more information, please contact: [email protected].

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Hostages in the Kherson Region are Tortured with Electric Shocks, Deportation of Ukrainians to Russia Continues. News from War Zones

Russian troops continue detaining civilians in the newly occupied territories in southern Ukraine. Now they use official pretexts for the detentions, such as «violation of law and order» or «violation of curfew.» Nobody bothers to explain the specifics of these violations. Furthermore, it’s not just activists and ATO/JFO veterans that are being detained, but also men that have nothing to do with military service and never participated in any anti-occupation rallies.

***

A man that was lucky to be released from unlawful detention from Kakhovka in the Kherson region told his family that more than 10 civilians are being held at the Kakhovka police station. Some of them have been there for weeks.

«They are being tortured with tasers and severely beaten, especially on the kidneys,» says the man’s family.

History has seen examples of war criminals getting life sentences for the torture of civilianssays Yevgenia Andreyuk, human rights adviser to the World Organization Against Torture. One such example is Syrian military officer Anwar Raslan, who was the supervisor of a prison in Syria and was sentenced to life for the torture and killings that took place there.

 

Yevgenia Andreyuk

«When Syrian refugees started fleeing for Europe, they reported these crimes to German law enforcement. And when these people (the then suspects – ed.) arrived in Germany, they were immediately arrested. The victims they tortured testified in court,» says Yevgenia.

 

***

Russian military continues forcibly deporting Ukrainians to Russia and occupied areas of Donetsk and Luhansk regions. Different sources report different numbers of deportees, and it’s difficult to say how many Ukrainians exactly have been deported so far, as they are not registered in Russia. According to witnesses, Russian troops are creating conditions in which going to Russia or occupied areas of Donetsk and Luhansk regions presents the only chance of survival. Once there, Ukrainians are held in so-called filtration camps and questioned.

Why some Ukrainians are unable to leave Russia, what goes on in filtration camps, and what rights are being trampled there – we were talking about this on  Twitter Spaces. Follow the announcements on our Twitter.

 

***

In the liberated Chernihiv Oblast, witnesses reported the abduction of Mykyta Buzinov, a young man from Mykhailo-Kotsyubynske. Russian soldiers came to his family’s house in the occupied village on March 4. The detainees were told they were suspected of working with Ukrainian troops – allegedly supplying them with some sort of information. Mykyta, his brother Volodymyr and their mother were taken away for interrogation.

Nikita Buzinov’s photo was provided below by his brother

«They forced my brother to his knees on one side, me on the other. They started shooting and threatened to kill us. I believe they wanted us to confess to helping our army,» says Volodymyr.

After the interrogation, Mykyta was taken away somewhere. Volodymyr knows that his brother is not on the list of the dead in Chernihiv Oblast, so he assumes that Mykyta was taken, hostage.

Yevgenia Andreyuk emphasizes the fact that Mykyta’s family wasn’t told where he is or why he was detained.

The legal term for this is incommunicado detention, which is a component of enforced disappearance, explains Yevgenia. According to her, this qualifies as a crime against humanity. The World Organisation Against Torture will be sending submissions on these crimes to the International Criminal Court.

You can listen to Volodymyr’s account on Twitter Spaces; the recording will be available there for a month.

Read more information on the website. For details, please contact: [email protected].

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UHHRU participation in the creation of information materials was made possible by the generous support of the American people through the United States Agency for International Development (USAID) in the framework of the Human Rights in Action Program implemented by the Ukrainian Helsinki Human Rights Union.

USAID is the world’s premier international development agency and a catalytic actor driving development results. USAID’s work demonstrates American generosity, and promotes a path to recipient self-reliance and resilience, and advances U.S. national security and economic prosperity. USAID has partnered with Ukraine since 1992, providing more than $3 billion in assistance. USAID’s current strategic priorities include strengthening democracy and good governance, promoting economic development and energy security, improving health care systems, and mitigating the effects of the conflict in the east. For additional information about USAID in Ukraine, please call USAID’s Development Outreach and Communications Office at: +38 (044) 521-5753. You may also visit our website: http://www.usaid.gov/ukraine or our Facebook page at https://www.facebook.com/USAIDUkraine.

The Practice of Forcible Deportation of Ukrainians to russia and the ORDLO Territories. The Discussion

They were deported to russia, but there was no way to leave it. The parents of our interlocutor, who will be a speaker at Twitter Spaces this Friday, occured in this situation. They hoped to be able to travel from Russia to a third country, but the plan didn’t become reality – there were problems with documents.

The practice of forcible deportation of Ukrainians to russia and the ORDLO territories was started by the russian militaries in 2014 and keeps being implemented in the newly occupied territories. Different number of deportees are announced, but it is difficult to say the exact amount because sdeporties are not registered in Russia.
The eyewitnesses say that the russian militaries are creating conditions in which the only way to survive is to go to Russia and ORDLO. Particularly, they’re shelling humanitarian corridors and not letting humanitarian aid come to the city. MIHR recorded such cases in Mariupol, Chernihiv, Rubizhne, and Hostomel. Then the russian military sets up filtration camps for Ukrainians, where they conduct interrogations and collect personal data.
Why some Ukrainians are not able to leave russia after the so-called evacuation, what occurs in filtration camps, and what rights the russian military is violating deporting people to russia and ORDLO – we will talk about this on Twitter Spases on Friday at 17:00.
The speakers are:
  • Alyona Luneva, Advocacy Manager, ZMINA Human Rights Center;
  • A Ukrainian woman whose parents were forcibly deported to russia;
  • Olha Reshetylova, Coordinator of the Media Initiative for Human Rights;
The event will be moderated by the independent journalist Olha Tokariuk
Please, follow the announcements on Twitter: @MediaInitiativ1
The link to the ether is here: https://bit.ly/3voGIco.

Priest abductions: what’s the motive of Russian occupiers? New Report from War Zones

Russian soldiers breaking into Ukrainian churches to conduct illegal searches. So far, we know about the abduction of at least ten priests, most belonging to the Ukrainian Orthodox Church – in particular, in Kherson Oblast. The Russian military there is also resorting to detaining and torturing civilians, while in Kyiv Oblast, the locals are busy calculating the damage done to infrastructure. More on this below.

***

Archpriest Vasyl Vyrozub, clergyman of the Odesa Eparchy of the Ukrainian Orthodox Church, was taken hostage along with the crew of the ship Sapfir while on a rescue mission to Zmiinyi Island launched after the reports on the death of the border guards there. His wife was not even aware that Vasyl had been on that ship.

Archpriest Vasyl Vyrozub

“It was a top secret mission. I didn’t know that my husband was on that ship. I found out only when he called me and said that he had been captured and needed help,” says Lyudmyla, wife of Archpriest Vasyl Vyrozub.

An exchange of prisoners took place on March 24, after which 19 Ukrainian civilian sailors from the Sapfir returned home, but Vasyl Vyrozub was not among them. “I have been in contact with representatives of the Red Cross, with government officials about an exchange. But so far there’s been no results. Negotiations are still ongoing,” Bishop Afanasiy told MIHR.

By detaining members of clergy, Russians are violating several norms at once, says Mykola Kikkas, expert of the Regional Center for Human Rights:
– Fourth Geneva Convention;
– provisions of international humanitarian law.
They will be held accountable for this in Ukrainian courts under Article 438 of Ukraine’s Criminal Code, as well as by the International Criminal Court.

“Although, when in the custody of the enemy state, a chaplain is not considered a PoW, he is still entitled to all rights and privileges guaranteed by the Geneva Convention relative to the Treatment of Prisoners of War of 1949,” explains the lawyer.

There could be a number of motives for taking priests hostage. To name a few, according to Mykola Kikkas:
– forcing them to cooperate;
– keeping them silent through intimidation;
– pressuring religious denominations the occupying power finds undesirable;
– demanding a ransom or adding to the “prisoner exchange fund.”

***

The occupants continue detaining people in Kherson Oblast. Their family members have been gathering near captured administrative buildings in the dozens. Some say that the prisoners have been subjected to torture. Svitlana’s husband, ex-military, was detained when he went out for gasoline. Russian soldiers escorted him home a couple of hours later.

“His face was covered in blood. His nose was broken, his jaw was broken,” his wife Svitlana told MIHR. The soldiers searched their apartment, then put bags on Svitlana, her husband and their son’s heads, tied their hands and took them to the police station. There, the family was interrogated as the Ukrainian soldier was tortured in the next room.

Beatings and inhuman treatment of civilians is a war crime under the Rome Statute, says Roman Martynowsky, expert of the Regional Center for Human Rights. His advice for witnesses is to take photos and videos of torture if possible, as well as to memorize the details: who’s doing the interrogation and where it takes place.

Roman Martynowsky

***

Meanwhile, the Ukrainian military is inspecting liberated settlements in Kyiv Oblast. The village of Horenka, while spared an actual occupation, still suffered significant damage. According to the locals, they had air strikes, Grad and mortar shelling. Over 50% of people’s homes were destroyed.

“I counted three Grad shellings,” recalls an 80-year-old resident of Horenka. According to him, the village survived thanks to volunteers. They provided humanitarian aid when the authorities abandoned the village at the beginning of the war.

 

Additional information.

In conjunction with UHHRU, MIHR is doing a newsletter containing the most important facts.

Sign up for the Ukrainian newsletter HERE.

Sign up for the English newsletter HERE.

Please check your spam and advertising folder after subscribing.

 

UHHRU participation in the creation of information materials was made possible by the generous support of the American people through the United States Agency for International Development (USAID) in the framework of the Human Rights in Action Program implemented by the Ukrainian Helsinki Human Rights Union.

USAID is the world’s premier international development agency and a catalytic actor driving development results. USAID’s work demonstrates American generosity, and promotes a path to recipient self-reliance and resilience, and advances U.S. national security and economic prosperity. USAID has partnered with Ukraine since 1992, providing more than $3 billion in assistance. USAID’s current strategic priorities include strengthening democracy and good governance, promoting economic development and energy security, improving health care systems, and mitigating the effects of the conflict in the east. For additional information about USAID in Ukraine, please call USAID’s Development Outreach and Communications Office at: +38 (044) 521-5753. You may also visit our website: http://www.usaid.gov/ukraine or our Facebook page at https://www.facebook.com/USAIDUkraine.

Сlosed online event “Kyiv region under the Russian army occupation: preliminary conclusions of human rights activists”

The Global initiative “Tribunal for Putin” invites to a closed online event “Kyiv region under the Russian army occupation: preliminary conclusions of human rights activists”

 

After the liberation of Vorzel, Bucha, Irpin, Gostomel, Katyuzhanka, Dmytrivka, Borodyanka, Motyzhyn and other towns in the Kyiv region, the international community was shocked by the systemic and large-scale nature of war crimes and crimes against humanity committed against civilians by occupiers.

Prior to the liberation of these territories, for several weeks human rights activists documented the testimonies of people who were lucky enough to escape from Russian-isolated settlements. And for more than a week now, mobile teams have been working on-site to directly investigate and gather information on extrajudicial killingstorture, rapeabductions and other crimes against civilians.

The Global Initiative “Tribunal for Putin” invites to a closed online event “Kyiv region under the occupation of the Russian army: preliminary conclusions of human rights activists”, which will take place on Thursday, 14 April 2022 at 11.00 am Kyiv time.

Human rights activists will present the results of the initiative, share preliminary conclusions, give the floor to victims of crimes committed by the Russian army and publish their recommendations to the state authorities of Ukraine, international organizations and foreign countries.

 

To participate in the event you need to register via the following linkhttps://forms.gle/q625ivBCCqaumo2x9  The working language is English.

 

Reference note: a global initiative “Breaking the Vicious Circle of Russia’s Impunity for Its War Crimes” (“Tribunal for Putin” in short) was launched in response to Russia’s full-scale aggression in February 2014. The participants of the initiative document the events that show signs of crimes under the Rome Statute of the International Criminal Court (genocide, crimes against humanity, war crimes) in all regions of the country that were attacked. The initiative is actively working at the international level to use existing mechanisms in the UN, the Council of Europe, the OSCE, the EU and the International Criminal Court to stop the brutality of these violations.

The list of the initiative members is as follows: Ukrainian Helsinki Human Rights Union, Kharkiv Human Rights Protection Group, Center for Civil Liberties, Truth Hounds, La Strada, Environment People Law, Ivano-Frankivsk Regional Organization “Moloda Prosvita”, Chuhuiv Human Rights Protection Group, Northern Human Rights Protection Group, Cherkasy Human Rights Protection Center, Kherson Regional Foundation for Compassion and Health, Kherson branch of the Committee of Voters of Ukraine, Territory of Success in Khmelnytskyi, Odesa regional branch of the Committee of Voters of Ukraine, NGO “MART” in Chernihiv, Educational Human Rights House Chernihiv, Podil Legal League, Human Rights Group “SICH” in Dnipro, “SIM” Legal and Political Research Center in Lviv, NGO “Bakhmat”  and other organizations (the list is being updated). This initiative is joined by public receptions of the UHHRU in Kramatorsk, Toretsk, Mariupol, Pokrovsk, Chernivtsi, Сherkasy, Zaporizhzhia, Uzhhorod.

Сlosed online event “Kyiv region under the Russian army occupation: preliminary conclusions of human rights activists”

The Global initiative “Tribunal for Putin” invites to a closed online event “Kyiv region under the Russian army occupation: preliminary conclusions of human rights activists”

 

After the liberation of Vorzel, Bucha, Irpin, Gostomel, Katyuzhanka, Dmytrivka, Borodyanka, Motyzhyn and other towns in the Kyiv region, the international community was shocked by the systemic and large-scale nature of war crimes and crimes against humanity committed against civilians by occupiers.

Prior to the liberation of these territories, for several weeks human rights activists documented the testimonies of people who were lucky enough to escape from Russian-isolated settlements. And for more than a week now, mobile teams have been working on-site to directly investigate and gather information on extrajudicial killings, torture, rape, abductions and other crimes against civilians.

The Global Initiative “Tribunal for Putin” invites to a closed online event “Kyiv region under the occupation of the Russian army: preliminary conclusions of human rights activists”, which will take place on Thursday, 14 April 2022 at 11.00 am Kyiv time.

Human rights activists will present the results of the initiative, share preliminary conclusions, give the floor to victims of crimes committed by the Russian army and publish their recommendations to the state authorities of Ukraine, international organizations and foreign countries.

 

To participate in the event you need to register via the following link: https://forms.gle/q625ivBCCqaumo2x9  The working language is English. 

 

Reference note: a global initiative “Breaking the Vicious Circle of Russia’s Impunity for Its War Crimes” (“Tribunal for Putin” in short) was launched in response to Russia’s full-scale aggression in February 2014. The participants of the initiative document the events that show signs of crimes under the Rome Statute of the International Criminal Court (genocide, crimes against humanity, war crimes) in all regions of the country that were attacked. The initiative is actively working at the international level to use existing mechanisms in the UN, the Council of Europe, the OSCE, the EU and the International Criminal Court to stop the brutality of these violations.

 The list of the initiative members is as follows: Ukrainian Helsinki Human Rights Union, Kharkiv Human Rights Protection Group, Center for Civil Liberties, Truth Hounds, La Strada, Environment People Law, Ivano-Frankivsk Regional Organization “Moloda Prosvita”, Chuhuiv Human Rights Protection Group, Northern Human Rights Protection Group, Cherkasy Human Rights Protection Center, Kherson Regional Foundation for Compassion and Health, Kherson branch of the Committee of Voters of Ukraine, Territory of Success in Khmelnytskyi, Odesa regional branch of the Committee of Voters of Ukraine, NGO “MART” in Chernihiv, Educational Human Rights House Chernihiv, Podil Legal League, Human Rights Group “SICH” in Dnipro, “SIM” Legal and Political Research Center in Lviv, NGO “Bakhmat”  and other organizations (the list is being updated). This initiative is joined by public receptions of the UHHRU in Kramatorsk, Toretsk, Mariupol, Pokrovsk, Chernivtsi, Сherkasy, Zaporizhzhia, Uzhhorod.

Statement of the Ukrainian civil society on Meta’s moderation of content depicting Russia’s atrocities in Ukraine

At the beginning of April after almost a month of occupation, Ukrainian Armed Forces liberated the Kyiv region from the Russian invaders. In Bucha, Irpin and other cities, we witnessed some of the most horrific and inhumane things – executed civilians, burnt bodies, mass graves. It is hard to believe that such atrocities can occur in the XXI century in the centre of Europe. All those people and children were killed for the sole reason of being Ukrainians.

Both international and Ukrainian lawyers and academics raised concerns that the situation at hand displays the necessary elements of the crime of genocide as established by international law. As a minimum, these mass atrocities constitute war crimes and crimes against humanity, while several of Putin’s statements clearly depict his goal to destroy the whole of the Ukrainian nation, cultural identity and language. Such statements, widely disseminated and amplified by the Russian media, indicate the genocidal intent as a necessary element of the crime of genocide under the Genocide Convention, the Rome Statute, and customary international law.

In this regard, we would like to express our concerns about the inadequate application of the Meta community standards to the posts containing evidence of the ongoing violations of international criminal law, international humanitarian law and international human rights law in the context of Russian aggression against Ukraine and the respective consequences of such violations.

In the current situation, such posts must be preserved as valuable evidence for future legal action and the pursuit of justice before various international tribunals, including the International Court of Justice, the International Criminal Court, the European Court of Human Rights, and possibly special tribunals to be established.

They also play an important role in raising awareness of the wider audiences about international crimes committed by the Russian troops in Ukraine at times when Russia continues to harshly suppress information about these atrocities and blatantly denies its involvement in the massacres of Ukrainian civilians by spreading disinformation and polluting the information environment with “alternative facts”, just as it did in the case of the MH17 takedown in 2014.

On 3 April 2022, we noticed that Instagram suddenly hid all the photos under the hashtags #russianwarcrimes, #BuchaMassacre, #Bucha, #GenocideOfUkrainians, #StopUkrainianWar, etc. They were later restored, in part due to the public outcry of the Ukrainian users. The reason for blocking the hashtags was the alleged violation of the Community Standards as complained about by some of the platform users. Meta spokesman stated that “this happened automatically because of the graphic content people posted using these hashtags”.

On 4 April 2022, we witnessed a replication of the same pattern concerning the Facebook posts depicting the mass atrocities committed by the Russian army in Bucha. Ukrainian users complained about their posts being deleted, accounts restricted and suspended for the Community Standards violations, such as graphic violence and nudity. Some of them were later also restored on the platform.

At the same time, the hashtags glorifying Russian armed forces, including their insignia (“Z”, “V”, etc), remained constantly available across both platforms. We would like to draw your attention to the fact that the recent legislative developments in certain European jurisdictions equated those symbols with the Nazi symbolics and their dissemination is qualified as a crime.

In our opinion, such inconsistency and a rather selective approach to content moderation may lead to further harmful consequences and discredit Meta in the eyes of millions of its users in Ukraine as well as in the broader region. In the current situation of the ongoing foreign aggression, Ukrainians use Meta services as a tool to spread their message around the world and expose international crimes committed by the Russian military.

By doing so, the Ukrainian community upholds Meta’s mission to bring the world together – in this case, for the purpose of combating violations of international law and holding the perpetrators of such crimes accountable. Meta was already widely criticized for procuring hatred by ineffectively reacting to harmful content in Myanmar, thus, playing a role in the Rohingya genocide. In Ukraine, Meta still has a chance to act responsibly and not repeat its past mistakes by serving as a tool for achieving justice for the civilian victims of this international armed conflict.

We think it is high time for Meta to update its policies’ application regarding the posts containing evidence of international crimes and mass-scale human rights violations. We insist that such posts must remain online and users disseminating them must not be punished. This way of digital documentation of grave human rights violations is in line with the values of free flow of information, the raison d’etre of social media, and it will immensely contribute to serving the interests of justice in the future.

By banning these posts, Meta illegitimately infringes on the public’s right to receive information about international crimes being committed and censors the voices of those who are trying to raise awareness about the ongoing war internationally.

To mitigate the above-mentioned adverse effects and to ensure that Meta upholds freedom of expression and access to information in times of ongoing armed conflicts, we urge Meta to:

  1. adopt necessary amendments to the Community Standards by introducing an exception to the rules on violence, nudity, etc. in order to prevent removals of the content depicting grave human rights violations and/or international crimes, and/or content constituting valuable evidence about such crimes which can be further used to bring the perpetrators to account;
  2. upscale Meta’s content moderation efforts and improve its moderation practices concerning the areas of ongoing armed conflicts via:
    • enhanced cooperation with the local civil society and media organizations possessing necessary expertise;
    • obligatory human involvement in content moderation performed by non-biased moderators with the knowledge of the underrepresented local languages (such as Ukrainian language, Caucasian, Central Asian, African languages, dialects of Arabic etc.) and the respective socio-political contexts to provide proper contextual analysis of users’ complaints;
    • application of international human rights law, international criminal law and international humanitarian law in the process of moderation of content pertaining to the armed conflicts.
  3. continue applying warning labels and blurring effects to the graphic content in question without removing it in order to preserve valuable information as discussed above while avoiding inflicting harm upon victims of violence, people suffering from PTSD and other similar syndromes.

Signatories:

  1. Digital Security Lab Ukraine
  2. Сenter for Civil Liberties
  3. Institute of Mass Information
  4. Ukrainian Helsinki Human Rights Union
  5. Ukrainian Media and Communication Institute
  6. Souspilnist Foundation
  7. Human Rights Platform Ukraine
  8. Regional Press Development Institute (RPDI)
  9. Pylyp Orlyk Institute for Democracy (POID)
  10. Internews Ukraine
  11. Detector Media
  12. Independent Media Council
  13. Mykola Kostynyan (FreeNet Ukraine Coalition)

“Tribunal for Putin” is becoming more real

Several dozen nonprofit organizations joined their efforts in a global initiative “Breaking the Vicious Circle of Russia’s Impunity for Its War Crimes” (“Tribunal for Putin” in short) and have already documented and recorded 1188 incidents as war crimes committed by Russia in the territory of Ukraine in the joint database.

These incidents record at least 414 cases of loss of life, 392 cases of injuries, 868 cases of shelling and bombing, 559 attacks on civilian objects, 349 cases of property destruction or damaging. Systematic nature and large scale of war crimes signifies that Russia uses war crimes as a warfare tactic. These acts cannot be justified by military goals and constitute grave breaches of international humanitarian law.

“During the first 30 days of the full-scale war, in the Kharkiv Oblast alone, hostile Russian troops allegedly committed 12 different types of war crimes under the Rome Statute of the International Criminal Court. In general, during this period we have recorded 25 different types of alleged war crimes and crimes against humanity committed all over Ukraine. The way these crimes were committed, their number and repeated nature in different regions of Ukraine provide sufficient basis to classify the actions of the hostile Russian troops as systematic, large-scale and their intent as genocidal,” claims Yevgen Zakharov, director of the Kharkiv Human Rights Protection Group.

Volunteers continuously record every incident with signs of war crimes under the Rome Statute of the International Criminal Court. The initiative works in all regions of Ukraine and reconstructs the events chronologically, starting from February 24, 2022.

“The war in Ukraine, which started in 2014 and escalated in February 2022, showed that the world did not have and doesn’t have any effective measures to prevent madness of aggressive states, and is shrouded in Russia’s propaganda fog. Objective evidence of war crimes, their scale, gravity and systematic nature should be the weapon of truth. The truth that will help defeat the criminal, the aggressor,” says Oleksandr Pavlichenko, acting director of the Ukrainian Helsinki Human Rights Union.

The initiative also works at an international level to effectively use existing mechanisms in the UN, Council of Europe, the Organization for Security and Co-operation in Europe, the European Union and the International Criminal Court to stop brutality of these violations.

“We will submit our findings to the International Criminal Court and use all international mechanisms that can help restore justice and bring Putin and his circle to justice. We support the initiative of the President of Ukraine to establish an international hybrid tribunal. This will give us an opportunity to extend jurisdiction over all international crimes, committed during this war, and therefore, all the perpetrators,” says Oleksandra Matviichuk, head of the Center for Civil Liberties.

A range of organizations joined the global initiative, including Truth Hounds, which has been diligently documenting grave breaches of international humanitarian law since the first day of the new wave of military aggression of the Russian Federation, saving and verifying all messages, photos, videos and recently witness and victim reports as well.

“We believe that justice will surely win and the evidence collected will become the basis for criminal proceedings in Ukraine, other states and international courts. Joining efforts with leading human rights teams in Ukraine, Truth Hounds wishes to support the synergy of Ukrainian efforts to bring the perpetrators, especially Russian political and military leaders, as well as middle level commanders, to justice for war crimes and for the crime of aggression,” states Roman Avramenko, executive director of Truth Hounds.

The full list of the initiative members is as follows (updating): Ukrainian Helsinki Human Rights Union, Kharkiv Human Rights Protection Group, Center for Civil Liberties, Truth Hounds, La Strada, Environment People Law, Ivano-Frankivsk Regional Organization “Moloda Prosvita”, Chuhuiv Human Rights Protection Group, Northern Human Rights Protection Group, Cherkasy Human Rights Protection Center, Kherson Regional Foundation for Compassion and Health, Kherson branch of the Committee of Voters of Ukraine, Territory of Success in Khmelnytskyi, Odesa regional branch of the Committee of Voters of Ukraine, NGO “MART” in Chernihiv, Educational Human Rights House Chernihiv, Podil Legal League, Human Rights Group “SICH” in Dnipro, “SIM” Legal and Political Research Center in Lviv and other organizations (the list is being updated). This initiative is joined by public receptions of the UHHRU in Kramatorsk, Toretsk, Mariupol, Pokrovsk, Chernivtsi, Сherkasy, Zaporizhzhia, Uzhhorod.