STATEMENT regarding the probable torture, inhumane treatment, forced displacement, violation of the right to medical assistance and the right to a fair trial of political prisoner Hryhorii Sinchenko in a Russian pre-trial detention center
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STATEMENT

regarding the probable torture, inhumane treatment, forced displacement, violation of the right to medical assistance and the right to a fair trial of political prisoner Hryhorii Sinchenko in a Russian pre-trial detention center

According to Tetiana Hulevska - the mother of Hryhorii Sinchenko, a civilian illegally imprisoned by Russia - the Russian authorities deliberately deny severely ill Hryhorii medical assistance, do not allow deliveries or any contact with him. There are signs of torture on Sinchenko's body. Russia denies the prisoner access to legal assistance: the current lawyer is not allowed to see Hryhorii, and the lawyer himself states that screams can be constantly heard from the windows of pre-trial detention center No. 2 in Taganrog, where Sinchenko is held.

Sinchenko's previous lawyer refused to provide services, sending a message to his mother, Mrs. Tetiana, that "acquaintances from Russian law enforcement agencies strongly advised him" to refuse to defend the Ukrainian prisoner under the risk of at least losing his lawyer's license, and in the worst case - being mobilized for the war against Ukraine.

During the next court hearing on August 12, 2024, which the lawyer joined via video link, Hryhorii looked beaten and exhausted. The defender saw Sinchenko with bruises on his face: there were fresh hematomas under Hryhorii's eyes, abrasions on his chin and lips, and his entire face was swollen. The lawyer only had time to ask Hryhorii about his condition, after which the video connection was immediately turned off. After this incident, on August 14, 2024, the lawyer arrived in Taganrog for a meeting with Sinchenko, but he was not allowed to see his client, and later was given a note in which Hryhorii allegedly stated that he did not want to see him.

Hryhorii Sinchenko

The next court hearing took place on August 26, 2024: Hryhorii appeared very depressed, sat with his head down, did not actively participate in the hearing defending himself as he usually did, but sat silently. When the judge asked if Hryhorii admitted his guilt, he stated for the first time that he did. Hryhorii changed his testimony for the first time and began to admit his guilt, did not defend himself, and voiced a request to the lawyer not to appeal the court's decision.

The lawyer and Sinchenko's mother believe that Hryhorii made this decision because if he appeals and files an appeal, he will have to spend another six months in the same pre-trial detention center No. 2 in Taganrog, where he is tortured, denied medical assistance, and forbidden to see his lawyer. In case of refusal to appeal, Sinchenko hopes for a transfer to another colony. Evidently, Hryhorii is now ready for anything to be transferred from the pre-trial detention center No. 2 in Taganrog as soon as possible.

After the court hearing, the lawyer again tried to reach Sinchenko but was denied again.

The next court hearing will be on October 21. Sinchenko's moral and physical condition is very severe, and the sudden change in his testimony and positions in the court process, as well as his beaten face and refusal to appeal the court's decision, indicate coercion and violence committed against him in the colony. According to his mother and lawyer, Hryhorii was tortured to extract a "confession".

In addition, Hryhorii Sinchenko has a disability and does not receive medical assistance. He is also forbidden to receive medications from relatives. Hryhorii has a spinal disease, as well as injuries acquired during his illegal imprisonment (including chest trauma, rupture of the right lung, and post-traumatic pneumothorax on the right). Later, tuberculosis developed in this lung, which is confirmed by a certificate from the Donetsk pre-trial detention center in 2020. Moreover, Hryhorii has numerous injuries from torture and illnesses related to his protest hunger strikes.

Hryhorii Sinchenko in Russian court. Photo: SOTAvision.

Given Hryhorii's health condition, such actions constitute cruel treatment, physical and psychological violence. According to the provisions of the Rome Statute of the International Criminal Court, torture is recognized as both a crime against humanity (Article 7(1)(f)) and a war crime (Article 8(2)(a)(ii)). In both cases, torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon one or more persons. The actions of the Russian Federation towards Mr. Hryhorii contain signs of crimes provided for by international acts.

Hryhorii is deprived of the opportunity to communicate with relatives, correspond, receive parcels, and access any information.

The violation of the rights of Ukrainian citizen Hryhorii Sinchenko by the Russian authorities - namely: violation of the right to a fair trial, denial of medical assistance, torture and inhumane treatment - are gross violations of the Geneva Conventions of 1949.

Hryhorii Sinchenko is a citizen of Ukraine who has been illegally deprived of freedom by the occupying authorities for the second time. Hryhorii was first detained in 2016 by unknown armed people on charges of working for Ukraine in Donetsk, where he was tortured in the local pre-trial detention center. Hryhorii Sinchenko was released during a large exchange in December 2017.

After his release in Ukraine, Hryhorii was not provided with proper medical and psychological rehabilitation. A program for providing proper comprehensive medical and psychological assistance to civilians who have survived illegal imprisonment is still absent.

In October 2019, Hryhorii organized an action against torture in the temporarily occupied territory near the cellular operator station "Phoenix". The man posted a video on YouTube with the caption: "This is done to draw attention to the inhuman torture in the basements of the MSS*. The people of Donbas must go to a protest action against torture, or the fascist republic will be left without communication."

*translator’s note: MSS - “ministries of state security”

The violation of the rights of Ukrainian citizen Hryhorii Sinchenko by the Russian authorities - namely: violation of the right to a fair trial, denial of medical assistance, torture and inhumane treatment - are gross violations of the Geneva Conventions of 1949.

On October 31, 2019, Hryhorii was detained by "MSS Donetsk employees" and placed behind bars for the second time. At the end of 2020, Hryhorii Sinchenko escaped from there, but a month later he was detained for the third time. After that, he was illegally transported to the territory of the Russian Federation from the Donetsk region and is currently in pre-trial detention center No. 2 in Taganrog.

The forced displacement of Ukrainian citizens outside the country is an illegal action by the occupiers. Such actions are a violation of international humanitarian law, in particular, Article 49 of the Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War of 1949 and Article 85 of Additional Protocol (I) to the convention of 1977, which prohibit any forced individual or mass resettlement or deportation of protected persons from occupied territories to the territory of the occupying state, regardless of the reasons.

Moreover, forced displacement or deportation of the population carried out by the occupying authorities of the Russian Federation can be qualified as crimes against humanity or war crimes in accordance with the Rome Statute of the International Criminal Court.

According to the provisions of the Geneva Convention (IV), civilians should have the right to the assistance of a qualified human rights defender of their choice, who should be able to freely visit the accused and should be provided with all necessary means to prepare the defense. Mr. Sinchenko is deprived of this right, the lawyer from the occupying state does not protect his rights, which means the right to defense cannot be realized.

The Convention provides for the right to receive medical assistance required by the state of health of civilians, to have contact with the outside world: to have the right to receive visits from delegates of the Protecting Power and the International Committee of the Red Cross, to receive at least one parcel with aid items per month. Currently, this right of Mr. Sinchenko is also violated.

Thus, the Russian Federation, as the occupying state of part of the territory of Ukraine and a party to the international armed conflict, brazenly ignores the norms of international humanitarian law and systematically violates human rights regarding Ukrainian citizens who are under the protection of the Convention relative to the Protection of Civilian Persons in Time of War. Through politically motivated persecutions, arbitrary imprisonments, deportation of those who hold a pro-Ukrainian position, and ignoring their situation in places of detention, Russia systematically violates its obligations under international humanitarian law and international human rights law.

Moreover, forced displacement or deportation of the population carried out by the occupying authorities of the Russian Federation can be qualified as crimes against humanity or war crimes in accordance with the Rome Statute of the International Criminal Court.

We demand from the Russian Federation:

  • to stop torture and inhumane treatment of Hryhorii Sinchenko, ensure access to medical care and allow meetings with a lawyer;
  • to stop committing violations of international law regarding the forced displacement of Ukrainian citizen Hryhorii Sinchenko outside the country, in particular from the occupied territory to the territory of the occupying state;
  • to provide Hryhorii Sinchenko with the opportunity to receive parcels from relatives and friends, ensure the right to correspondence;
  • to ensure compliance with fair trial standards regarding Ukrainian citizen Hryhorii Sinchenko and the realization of his right to defense;
  • to stop persecuting people in the temporarily occupied territories of Ukraine for expressing their views and pro-Ukrainian position;
  • to release illegally imprisoned Hryhorii Sinchenko and other political prisoners held in the territory of temporarily occupied Crimea, other temporarily occupied territories of Ukraine and on the territory of the Russian Federation;
  • to stop the use of torture, cruel and inhumane treatment, and systematic violations of human rights against illegally imprisoned citizens of Ukraine

We call on the state authorities of Ukraine:

  • to include illegally imprisoned by Russia Hryhorii Sinchenko in the lists for "exchange" - lists for the next simultaneous release - and take active measures and actions for the urgent release of Sinchenko, given his health condition;
  • to include Hryhorii Sinchenko in the return programs using the mechanisms provided by the project "I Want to Return to My Own" https://hochuksvoim.com/uk from the Coordination Headquarters for the Treatment of Prisoners of War;
  • to develop effective mechanisms for the release of arbitrarily detained civilian citizens of Ukraine by the occupying forces and advocate for their return.

We call on the governments of foreign countries and international organizations:

  • to demand from the Russian authorities to conduct an inspection of the conditions of detention of Hryhorii Sinchenko and the availability of access to legal and medical assistance;
  • we call on the International Committee of the Red Cross to take all possible measures to gain access to the place of detention of Hryhorii Sinchenko, conduct a personal meeting with him and provide assistance;
  • we call on the UN Committee on Enforced Disappearances to send an official demand to the Russian Federation to stop violations of the rights of Ukrainian citizen Hryhorii Sinchenko;
  • to act as a mediator in the process of releasing arbitrarily imprisoned civilians, in particular within the framework of the International Platform for the Release of Ukrainian Civilian Citizens Illegally Detained by Russia;
  • to introduce a separate regime of sanctions restrictions against those involved in human rights violations and illegal imprisonment of civilians in the temporarily occupied territories of Ukraine;
  • to comprehensively support Ukraine to ensure the de-occupation of territories within its internationally recognized borders.

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