«As long as there is no mechanism for the return of civilian prisoners, people will continue to die»
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Yulia Khrypun

Civilian prisoners are non-combatants who are detained, abducted, and taken prisoner by Russians in the occupied territories. In December, the Ukrainian Parliament Commissioner for Human Rights, Dmytro Lubinets, stated that approximately 28,000 Ukrainian civilians are currently held in Russian captivity. The mechanism for their release is complicated, as international law prohibits the detention of civilians. Therefore, Ukraine insists on the unconditional release of all civilians. However, Russia is endeavoring to interpret the law in its favor and evade responsibility. For instance, many civilians face charges of espionage, terrorist activities, involvement in illegal armed groups, and collaboration with special services. Russia seeks to distort reality by portraying civilian hostages as prisoners of war. Often, individuals are coerced into confessing to being combatants under torture.

Recently, the Ukrainian government updated the mandate of the Coordination Headquarters for the Treatment of Prisoners of War. Henceforth, the Headquarters will officially address not only military personnel in captivity but also civilians held by the Russians.

Why the issue of civilian prisoners is not widely publicized

Yulia Khrypun: Currently, our country is engulfed in war, with considerable attention directed towards the needs of the military and soldiers held in captivity, as well as toward active conflict zones. It’s natural and necessary for such attention to be given. However, the media landscape is saturated with news, and understandably, the plight of civilian prisoners may not always take precedence due to the tragic loss of human lives occurring daily.

The problem is undeniably widespread, but people’s focus tends to shift to other pressing matters. Hence, through our endeavors, we aim to underscore that every life matters, including those of civilian prisoners.

Many individuals rightfully extend support to prisoners of war, as it should be. I don’t believe our issue is greater than theirs because we’re all entwined in the same predicament. Both our families and theirs suffer captivity, and it’s incumbent upon us to strive for their liberation.

The importance of equalizing conditions for the release of military and civilian prisoners

Yulia Khrypun: There exists a significant disparity in the release processes for prisoners of war and civilians. The authorities possess a definite mechanism for the release of military personnel, as their exchange is mandated by the Geneva Convention, a principle that must be upheld. While we acknowledge that the rights of both military and civilian captives are violated, the government engages in negotiations with Russia to exchange some of our military personnel. However, when it comes to civilians, there’s a void. We recognize that they should not have been captured in the first place, but we’re confronted with the stark reality that the aggressor nation has done so.

Our government ought to have devised a plan by now. These aren’t individuals we can simply retrieve alongside the military; it’s a multifaceted issue requiring a mechanism, subsequent rehabilitation, and support services. It’s crucial to level the playing field. As long as there is no mechanism for the return of civilian prisoners, people will continue to die.

I’m aware that negotiations are underway with third countries concerning civilian hostages held captive since 2014 and 2022. In my view, this presents the only viable option. Naturally, we’ll observe which countries agree and the nature of communication our side employs.

Is the problem of civilian hostages discussed abroad?

Yulia Khrypun: Last year, during an event, a member of the European Parliament approached me after my speech. He expressed admiration for our initiative and emphasized the importance of individuals, like ourselves, who deeply care about discussing this issue concerning people’s lives rather than solely focusing on government representatives. And indeed, he was right.

Our government tends to address issues methodically. If they believe a specific country can offer assistance, they approach designated individuals with requests. However, it’s puzzling why such matters aren’t broadly discussed at large-scale events where influential figures gather, potentially offering aid or influencing their respective governments. This remains an open and pertinent question.

During a conversation with a donor in the European Parliament, he mentioned being surprised to learn about families in Ukraine awaiting the return of their relatives, a realization that extended to civilian hostages as well. This highlighted to me that only those directly impacted truly understand the gravity of the situation.

Upon closer observation of Ukrainian society, we recognized a widespread lack of understanding about the situation and its implications. Consequently, it’s unsurprising that the international community isn’t fully aware of this problem.

Regarding the publicity of stories

Yulia Khrypun: From the onset of the full-scale invasion in 2014, authorities essentially silenced the relatives of civilian prisoners, warning them about potential risks and the possibility of escalating their loved ones’ predicaments. However, as time passed with no tangible progress, we felt compelled to raise our voices about this issue.

This advocacy is crucial because without public demand, authorities may not actively work towards resolving the problem.

As for the portrayal of released prisoners’ stories, I can’t provide a definitive assessment. I’ve had private conversations with some released prisoners, witnessing firsthand the trauma they endure. Unfortunately, numerous media outlets, while covering their stories, often fail to address the specific issues faced by prisoners of war, civilian prisoners, and hostages. Instead, they exploit these individuals to showcase diplomatic negotiations. But in this, humanity is lost. Any respect for what a person has experienced is lost.

Such coverage should be voluntary. Some released individuals willingly share their experiences, driven by a strong desire to advocate for their fellow captives still languishing in confinement. They tirelessly speak out, emphasizing the urgent need for their release.

Problems after release

Yulia Khrypun: At a certain juncture, our NGO recognized that our efforts couldn’t solely focus on securing releases, as a myriad of challenges persist post-release. It’s imperative to address these issues promptly. When individuals return, we mustn’t greet them with nothing.

The state lacks prescribed rehabilitation measures or assistance for released civilian prisoners. Even authorities often treat these individuals as if they’ve been released with nothing.

They return devoid of essential documents and possessions. For many, particularly those taken from occupied territories, home no longer exists, and memories of their past lives have faded. Moreover, their relatives may be scattered abroad.

We’ve encountered numerous distressing situations. Not all healthcare professionals are equipped to cater to their unique needs, and social benefits are virtually non-existent. State support for these individuals remains woefully inadequate.

We wish to emphasize that during the fourth meeting of advisors in Davos in January 2024, Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets urgently appealed to the international community to consolidate efforts in repatriating all Ukrainians illegally deported by Russian occupiers.

The Ombudsperson underscored the imperative to bring home all Ukrainians who were taken as prisoners of war and illegally deported by Russia. He stressed that the international community must immediately unite its efforts towards this goal. Lubinets highlighted that during the Davos meeting, our partners heard firsthand accounts from Ukrainian children we’ve repatriated and relatives of civilians abducted and unlawfully detained by Russia. Their testimony left a profound impact.

This publication is made possible by the generous support of the American people through the United States Agency for International Development (USAID) in the framework of the Human Rights in Action Program implemented by Ukrainian Helsinki Human Rights Union. Opinions, conclusions and recommendations presented in this publication do not necessarily reflect the views of USAID, the United States Government. The contents are the responsibility of the authors.

USAID is the world’s premier international development agency and a catalytic actor driving development results. USAID’s work demonstrates American generosity, and promotes a path to recipient self-reliance and resilience, and advances U.S. national security and economic prosperity. USAID has partnered with Ukraine since 1992, providing more than $9 billion in assistance. USAID’s current strategic priorities include strengthening democracy and good governance, promoting economic development and energy security, improving health care systems, and mitigating the effects of the conflict in the east.

For additional information about USAID in Ukraine, please call USAID’s Development Outreach and Communications Office at: +38 (044) 521-5753. You may also visit our website: http://www.usaid.gov/ukraine or our Facebook page at https://www.facebook.com/USAIDUkraine.

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