Statement by Erik Møse, Chair of the Independent International Commission of Inquiry on Ukraine, to the General Assembly Third Committee

NEW YORK

Distinguished President, 
Excellencies,

The Independent International Commission of Inquiry on Ukraine is pleased to brief the Third Committee of the General Assembly on its findings so far during its third mandate, from April 2024. 

The armed conflict continues to have a deep impact on the enjoyment of basic human rights throughout Ukraine and has led to at least 12,000 civilians killed and 26,000 injured, according to OHCHR. The Commission has also followed the developments in the Kursk Province of the Russian Federation.

The Commission has previously found that Russian authorities have committed a wide array of violations of international human rights and international humanitarian law. Its recent investigations have focused on torture, sexual violence, and attacks with explosive weapons, including those that affect Ukraine’s energy-related infrastructure. 

The current liquidity crisis at the United Nations has severely affected the staffing of the Commission’s secretariat and our ability to travel. Our investigations have therefore relied primarily on remote interviews, while maintaining our usual standards of proof.

We extend our gratitude to victims, witnesses, and organisations for the information received. The Commission appreciates the cooperation received from the Government of Ukraine, and regrets that its requests for information to the Russian Federation remained unanswered. 

Distinguished President,
Excellencies,

Based on a body of evidence collected since its establishment, the Commission has now concluded that Russian authorities have committed torture against Ukrainian civilians and prisoners of war as a crime against humanity.

The Commission had previously highlighted the widespread and systematic use of torture by Russian authorities, as a war crime and a human rights violation. Recent investigations have established that Russian authorities have committed torture in all areas of Ukraine where they took control of territories, as well as in the detention facilities the Commission has investigated in the Russian Federation. This strengthens the conclusion that torture was widespread. 

In previous reports, we described patterns as to how Russian authorities committed torture, demonstrating that it was systematic. The patterns concerned the categories of persons targeted, the aim for which torture was used, and the similarity of methods employed. 

During its present mandate, the Commission has identified additional common elements. One of these concerns the use of violent practices by Russian authorities against detainees. These practices have been transposed to detention facilities run by Russian authorities in areas they occupied in Ukraine. Another common element concerns the recurrent use of sexual violence as a form of torture. Moreover, the Commission has found that personnel deployed by Russian authorities to detention facilities acted in a coordinated manner and according to a division of labour in perpetrating torture. Witnesses described orders to commit torture and a prevailing sense of impunity. Illustrating this, a former detainee stated that during beatings, a perpetrator said, “Nobody can stop me. I will do to you whatever I want”.

Based on these findings, the Commission has now concluded that it has sufficient evidence to determine that the Russian authorities have acted pursuant to a coordinated state policy and thereby committed torture as a crime against humanity.

Victims of torture and sexual violence reported grave and often irreparable physical and psychological consequences. Former detainees also described that Russian authorities denied medical assistance even to detainees who were clearly in a poor state of health. For example, a former detainee described how doctors carelessly put a small piece of gauze on very large wounds, stating, “You ought to die anyway”. After the blast that killed dozens of Ukrainian detainees in July 2022, in the well-known Olenivka colony, Russian authorities did not provide necessary medical assistance to heavily injured soldiers. 

Distinguished President,
Excellencies,

Massive waves of attacks carried out by Russian armed forces on Ukraine’s energy-related infrastructure resulted in power outages, at times impacting millions of civilians. The blackouts have particularly affected the health, education, security, and well-being of certain categories of the population, including children, older persons, persons living with disability or a medical condition. They also suffered from distress, anxiety, and isolation.  

The Commission has continued its investigations on explosive weapons attacks that struck civilians and civilian objects, including medical and cultural objects that benefit from the protection of international law, on all sides of the frontline. 

In conclusion, the Commission reiterates the importance of both judicial and non-judicial forms of accountability. Identifying and prosecuting perpetrators of crimes is key to ending the culture of impunity. It is also an essential part of the sense of justice of the victims.