One in three attempts to verify civilian imprisonment due to Russian Federation's aggression ends in denial, according to Ministry of Reintegration (now Ministry of National Unity of Ukraine) data from November 2023. Consequently, torture survivors held without rights or documentation remain without essential state support due to complex and opaque procedures. Denials primarily affect those released outside mutual exchange procedures.

The Association of Relatives of Political Prisoners of the Kremlin, supported by the International Renaissance Foundation, conducted comprehensive research on verification procedures for civilians released outside mutual exchanges. Based on identified issues, recommendations for procedure improvement have been developed.

‍"During our research, we identified several challenges faced by illegally imprisoned civilians released outside mutual exchange procedures. The main issue stems from the outdated Law of Ukraine 'On Social and Legal Protection of Persons Subjected to Deprivation of Liberty due to Armed Aggression against Ukraine, and Their Family Members.' As a result, citizens whom the state failed to protect and who were imprisoned face unequal conditions compared to those released through the Coordination Headquarters for the Treatment of Prisoners of War. Their right to social protection, including medical care and psychological support, is limited. The verification procedure, due to its excessive duration, complexity, and bureaucratization, becomes a re-traumatizing experience for these individuals," noted Kateryna Levchenko, Head of Legal Affairs at the Association of Relatives of Political Prisoners of the Kremlin.

"This analytical material offers a systematic approach to legal and social protection for those returning from captivity. The proposed legislative changes are crucial, as current Ukrainian legislation significantly impedes protecting these individuals' rights. The research emphasizes the need to simplify procedures and establish institutional responsibility for supporting illegally imprisoned civilians. Without systematic legislative reform and commission work, thousands of affected citizens risk remaining without protection and support," added Mykhailo Savva, Doctor of Political Sciences and Center for Civil Liberties expert.

‍             What Should the State Do?

1. Update the Law of Ukraine "On Social and Legal Protection of Persons Subjected to Deprivation of Liberty due to Armed Aggression against Ukraine, and Their Family Members." This document, adopted before Russia's full-scale invasion, doesn't reflect current realities. Changes should expand the list of civilians eligible for recognition as illegally imprisoned.
2. Regulate the Commission on Establishing the Fact of Personal Freedom Deprivation due to Armed Aggression against Ukraine. Specifically, adhere to application review deadlines and provide reasoned responses.
3. The Coordination Headquarters for Treatment of Prisoners of War should develop a simplified application process for illegally imprisoned civilians, equivalent to those released through mutual exchanges, including:

·      document restoration

·      medical care and psychological support

·      assistance in establishing the fact of personal freedom deprivation due to armed aggression against Ukraine‍

Based on in-depth interviews, recommendations have been developed for illegally imprisoned civilians released outside mutual exchange procedures to help them effectively collect necessary documents and evidence to confirm their imprisonment.

‍"The Law's limitations on certain categories of illegally imprisoned civilians result in citizens who survived illegal imprisonment but failed to prove it, according to the Commission, being denied state support. This reduces overall trust in the state, leading self-released illegally imprisoned civilians to either settle in third countries or, despite all risks, return to occupied territories where their homes remain. We're talking about thousands of illegally imprisoned individuals who self-released outside mutual exchange procedures," noted Igor Kotelianets, Head of the Association of Relatives of Political Prisoners of the Kremlin.

For Reference: As of early October 2024, the Parliamentary Assembly of the Council of Europe (PACE) Resolution 2573 (2024) reports over 65,000 people classified as missing persons, prisoners of war, and illegally imprisoned civilians. According to the Coordination Headquarters,

3,767 people were released through mutual exchanges, with only 168 being civilians. Additionally, hundreds or thousands of illegally imprisoned individuals have been released by Russia outside mutual exchange procedures.

According to the Concept for Improving the National System of Legal Protection and Support for Victims of Russian Armed Aggression against Ukraine, presented on July 5, 2024, as of November 17, 2023, imprisonment has been verified for only 4,337 people (3,574 military and 763 civilians). The Commission rejected approximately 30% of civilian applications.

Expert review and recommendations are available in the "Analytics" section of our website.

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