About the investigation of cross-border attacks in eastern Ukraine

In summer and autumn 2014 several villages in the Luhansk region were fired conventional and rocket artillery from the territory of the Russian Federation, according to the report, which was prepared by the human rights organization International Partnership for Human Rights (IPHR).

The report analyzed the “ten types of evidence,” including several interviewed dozens of witnesses and conducted field research in the Lugansk region.

Ukraine, the Western countries and NATO have accused Russia of supplying armed groups of self-proclaimed “people’s republics” of weapons and manpower. Official Kiev said that in the course of large-scale hostilities in 2014 attacks on Ukrainian territory conducted, including with Russia.

Russia has denied the charges, no denying, however, that on the side of the “people’s republics”, Russian “volunteers” are involved in the fighting, including former soldiers or military personnel who are on vacation.

As stated in the IPHR – international human rights organization with headquarters in Brussels, – the publication of their report they would like, in particular, to prove that the conflict in the Donbas is international. This, according to them, will help the victims of the conflict to protect their rights in international courts.

The report, entitled “Where opened fire investigation of cross-border attacks in eastern Ukraine?”, The official presentation will take place in Kyiv this week – is not the first result of the organization’s work in the Donbas. Even last year, she filed in the International Criminal Court in The Hague three hundred documented cases of war crimes and crimes against humanity, which concern both the Ukrainian military and militants of the breakaway “republics”.

the cross-border shelling report will be among the materials that IPHR plans to submit to the International Criminal Court this fall.

The BBC has asked Ukraine coordinator of field missions IPHR Svetlana Valko about how to prepare a report, which he is fundamentally different from other similar studies and which could have an impact.

Air Ukraine : What is it in your report?

Svetlana Valko : The report states that there are five villages and towns of Lugansk region, close to the border with Russia – Kolesnikovka, Kamyshnaya, Cretaceous, Dmitrovka victory – which in the summer – early autumn 2014 were fired from the territory of the Russian Federation from the receiver and rocket artillery.

In addition, we are talking about the illegal crossing of the Russian border with Ukraine by the Russian military as well as military helicopters and reconnaissance drones.

Air Ukraine : This assumption or assertion?

SV : This statement.

In addition, we are talking about the fact that these border crossings could not be organized without the help of the military units of the Russian Federation.

Our findings confirm an absolute fact that the armed conflict is international.

Air Ukraine : How do you get your evidence sufficiently strong statements?

SV .: We interviewed 45 witnesses from the area – civilians and border guards. These testimonies were quite conscious: that is, these people have agreed to submit their evidence in international courts.

We own field team inspected the crater of the shells on the territory of these settlements. Examining them, we can determine the direction of fire in the form of the crater, apparently corner projectile entering or liner shells.

The firing range is harder to determine, but it is possible, given the type of weapon that was used. And considering the fact that these events took place in the immediate vicinity of the border, while heavy artillery was used, it is possible to determine that the shot is from the territory of Russia.

All our surveys and measurements we recorded on video, so that later it can be used in court.

In addition, we used satellite maps, which are very clearly visible craters craters, and in Russia – the traces of movement of heavy artillery and camp, where it was located. In some cases, we can compare, for example, July 17 Nothing, and on September 6 – a bunch of traces of movement technology.

We looked at a photo of soldiers Russian Armed Forces, they were placed in social networks geotagged Tarasovskoye district of Rostov region. And we were interested not only geo-tagged, but also photos, which you can see the tower technology, the direction in which deployed trunks, and so on. It is at least about 33 soldiers from different military units.

In addition, we analyzed the video and photos that residents of the area were doing with their roofs and balconies, and all positions in the social networks of the time. Even just a desperate obscene position that, for example, “shoot for two days” – could serve as a proof for us.

We analyzed the findings of the border guards, for example, the remains of a tent or equipment thrown in the woods people who illegally crossed the border of the Russian Federation and Ukraine.

For the analysis of all of the evidence we have used the international humanitarian and criminal law.

Air Ukraine : Ukrainian border guards have among your witnesses. You will not admit that their evidence can be partisan? Ukraine says Russia its shelling, Russia denies. Border guards as people who receive salaries from the state, apparently, will not contradict what they say Ukrainian military and political leaders.

SV : It is in order to avoid being accused of bias, we used ten types of information sources.

That is why we asked many civilian inhabitants of these territories – to compare their readings with the readings of the border guards. Of course, the border guards within the competence, and the testimony of the border guard, who says that the enemy firing position located there that will differ from readings grandmother, who say that the other side is the light in the sky and flew to sound like this.

Comparing the readings of border guards and civilians, we have seen that between them there are practically no differences.

In addition, we compared the readings with those border guards satellite maps, and could see that it was in the period of which they tell, nearby there was a significant accumulation of military equipment.

That is, we are realizing that the guards – they are people in the service of the state, checked and verified their statements.

In the end, we collected the evidence for use in international courts. The Court will conduct its own research and will again talk to the border guards, and they agreed to this.

Air Ukraine : In your report says about the shelling of the summer and autumn of 2014. Your team visited the scene in the second half of 2015, and the report published in the summer of 2016. It does not affect the quality of your report such a significant duration of this study?

SV : Of course, we would like to be there the next day, but were shelling the area is very long and very intense. We have not had a chance to get there, and our important principle is the need for us to visit the scene of the incident and evaluate, so to speak, “crime scene.”

On the other hand, those craters which we explored, very well preserved, even a year after the attacks. Preserved even unexploded ordnance, corps which point in the direction of Russia.

Why such a duration? Because we are all very long rechecked. Some of our witnesses – civilians went there, they had to find. We had to track down and part of the border guards who are now serving in other places. It took a long time to work with metadata.

But the main reason – that we had to get to the scene.

Air Ukraine : Russia has consistently denied involvement in the conflict in the east. Your conclusions are contrary to this position. Have you tried to get some comments or explanation concerning his allegations from the Russian side?

SV Honestly, within two years, all officials of the Russian delegation to the human rights conference, OSCE conferences so aggressively treat our conclusion that we are not considered effective to address them.

We are planning to make their application to the Ministry of Defense of Russia with the help of our partner human rights organizations in the Russian Federation. However, with their position “foreign agent” it can be difficult.

Air Ukraine : What is your research differs from Bellingcat investigations, which you finally, referring in his report?

SV : Bellingcat do a very good job, we have great respect for their methods, and partly they have learned (the research team Bellingcat called report IPHR wonderful and hoped that training for its researchers conducted last year has helped in the work on this report -. Ed .).

Their studies are different from our two main things.

Firstly, Bellingcat explored other places along the border. Secondly, they never work with witnesses, and use “foreign” materials, such as video or satellite maps.

Our study is based on the principle that the court will not consider a crime without evidence of the victim or witness the attack. In Bellingcat contrary: their studies and can take longer for them to look for witnesses. Maybe we will do so.

Air Ukraine : Do you cross your work with the OSCE observation mission? In essence, you are dealing with the same material – the same craters, shanks, and the people who live in this territory. But you are doing a very far-reaching conclusions, and they – no. What do you think, why?

SV .: In our report, we refer to a time of their report – on September 3, 2014. It just says that the shelling of Dmitrovka and Victory were made from the territory of the Russian Federation (in fact, the report states that OSCE monitors at the border between Ukraine and Russia reported “shooting from weapons large and small caliber of the east and south-east areas bordering with Ukraine. “- Ed)..

By the way, in the case of these villages used shells such as “Tornado-S”, which are being developed in Russia, and was not supported by any fact of selling someone else this weapon Russia.

And Alexander Hug of the OSCE observer mission at a press conference, said that his mission captures the facts, which may indicate that the participation of Russian troops in the conflict in Donbas.

But the fact that the OSCE has a mandate only to reports that they see here and now. They do not investigate the events that occurred in the past. For example, they recorded the fact of September 3, 2014, talked about it and moved on. We are investigating what it really was.

Air Ukraine : Who is the primary audience of your report? For whom do you prepare it?

SV We prepared it especially for human rights defenders and journalists.

First of all, we would like to rhetoric about war crimes in the Donbas has used the concept is an international armed conflict.

We will give our report to human rights defenders, who, for example, work with prisoners in ECHR cases. Evidence of participation in the conflict of the Russian Federation will be useful for them, because in non-international conflict is not the notion of “prisoner of war”, and everything that happened to these people, can go unpunished.

In addition, we plan to add all the evidence we collected to the 300 case studies of war crimes and crimes against humanity, which last fall we have already submitted to the International Criminal Court in The Hague.

Air Ukraine : Who is funding your research?

SV : The report we prepared together with the Norwegian Helsinki Committee, and that the Norwegians have funded this research. In those 300 cases that we have submitted to the ICC last fall, we have collaborated with the fund “Revival” Soros and the Government of Sweden.

Air Ukraine : You call yourself an independent human rights organization, but among the authors of your report appears Dmitry Koval, in whose official biography states that he is an advisor to the South Military Prosecutor’s Office. What was his role in the preparation of your report and not its affiliation with the military prosecutor’s office grounds for doubt neangazhirovannosti your conclusions?

SV We believe one of our missions, development of the Ukrainian examination.

Dmitry is an expert on international humanitarian and criminal law, so he helped us with the legal evaluation of the evidence we have collected. He is, above all, a scientist – he was to them before the start of the conflict in the Donbass region and will make with them after the completion of this conflict.

About his attraction to the military prosecutor’s office – I think he was attracted to as an expert and not as a public servant after it became clear that they really need to improve their qualifications.

In any case, its legal assessment has been verified by our lawyers. The fact that all of our reports are accompanied by a legal assessment of international experts. This time, we asked Dmitry join because we believe that in Ukraine, too many good experts who can speak at an international level.

Air Ukraine: You’ve been in the Luhansk region, on the border with Russia, talked to people who have suffered from these attacks, and that, I suppose, are quite specific condition. As they explain who they were shot?

SV Most civilian witnesses from these villages were confident that the fire from the territory of Russia – sometimes even at specific, known only to them featured.

Air Ukraine : For example?

SV :. For example, the military part of the ATO forces were temporarily located near Dmitrovka and Victory. And for locals high precision strikes, which have little affect civilians, but very much affect the military, was an unequivocal sign that shoot from Russia, “Putin protects us.”

In Kamyshnaya Kolesnikovke and also very hard to miss, who shot, because Russia – across the river. There have been cases where people were hiding, hiding, and once he did not have time and saw shells flying over the river. Here it is difficult to argue, who shoots.

Of course, there can be different likes and dislikes, but most of the inhabitants of these border villages have been assured that they were shooting from the Russian territory.

Air Ukraine : These attacks changed once the sympathy of these people?

SV Many build their sympathy on the basis of relations with the battalions which were located in these villages. If a battalion of friendly local and helps them water or something else – one relationship to it. If he looting and does nothing – to others.

Some people – even those who are at the expense of Ukraine’s restored home – still have a pro-Russian sympathies. Others – even those who have not restored the house – still sympathize with the Ukraine. Therefore, there is no direct relationship.

But the fact that people are very tired of the war and have very few resources – that’s a fact.

There is some evidence that people in these villages went to collect firewood, even though they knew that there was mined, and died. That is, a lack of resources and the behavior of the Ukrainian military in this area are often more important than military action.

Sourse, 06/07/2016