Update by the Chair of the Independent International Commission of Inquiry on Ukraine at the 57th session of the Human Rights Council

23 September 2024

Delivered by: Erik Møse, Chair of the Commission of Inquiry on Ukraine

Distinguished Chair,
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 continues to see a high number of civilian casualties, in particular in Ukrainian Government-controlled territories, including far from frontlines. According to OHCHR, 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 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 affecting 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 disruptions 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 targeting 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 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 had 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 practices in detention centres where detainees from Ukraine have been held in the Russian Federation, and the replication of these practices 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 of former detainees according to which penitentiary 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 practice 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 testimonies of former detainees in the Volnovakha Correctional Colony, known as Olenivka, in Ukraine, on 29 July 2022, 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 bed sheets for bandages. They saw many die that night, while the leadership of the Olenivka 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 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 their 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 am 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.