The UN Independent International Commission of Inquiry on Ukraine concluded on Tuesday that Russian authorities have committed torture as a crime against humanity in Ukraine.
The commission’s report confirmed that torture practices were widespread in all Ukrainian provinces under Russian control and in Russia’s detention facilities. The commission collected testimonies from civilians who had been detained in Ukraine and prisoners of war who had been detained in Russia. These testimonies described a “brutal admission procedure” to promote fear by exerting physical and psychological pressure in Russian detention facilities. The report also documented the use of sexual violence and electric shocks during detention as well as the practice of torture during interrogation, including severe beatings, electric shocks with water, and burns to body parts.
The report concluded by condemning the crimes against humanity and serious human rights violations and calling on Russia to immediately cease its aggression and bring its practice in line with international law. The commission also recommended Ukraine continue to develop a comprehensive reparations program, address psychosocial needs, ensure a gender-sensitive and survivor-centered accountability process, and harmonize its legislation relating to war crimes with international standards. Lastly, the commission said that other states and international organizations should strengthen accountability mechanisms and continue collaborating with the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine.
In an interview with UN News on Thursday, Commissioner Pablo de Greiff outlined the challenges in collecting evidence during the investigation, including witness protection. These challenges include rigorous security protocols and concealing personal information that makes tracing the witnesses’ identities difficult. De Greiff also appreciated the support of local organizations on the ground in Ukraine with specialized regional knowledge.
Apart from the crime against humanity of torture that took place within detention facilities, De Grieff also asserted that Russia’s attack targeting energy-related infrastructure and other civilian objects violated international humanitarian law and may constitute crimes against humanity and war crimes under Articles 7 and 8 of the Rome Statute.
De Greiff expressed hope that the report and the collected evidence will help Ukraine prosecutors and the International Criminal Court carry out their mandates. Outside of judicial accountability, he also hopes the report serves the purpose of truth-telling for reparations and prevention.
Under Article 57 of Additional Protocol I, international humanitarian law obligates countries to take precautions to avoid or minimize incidental civilian losses. Previously, the Office of the UN High Commissioner for Human Rights also concluded that Russia’s large-scale attack on electricity infrastructure in Ukraine violated all three international humanitarian law principles for the protection of civilians and civilian objects, which are the principles of distinction, proportionality, and precaution.
Earlier on October 10, the UK similarly accused Russia of violating international humanitarian war against Ukraine, citing previous UN findings of war crimes including sexual violence, torture, and large-scale attacks on Ukraine’s electricity infrastructure.
