The fate of the “Kremlin prisoners”: what to do with Ukraine, have become hostages of the Russian Federation

Torture, which apply to the Ukrainians, who became prisoners or hostages of Russia, starting at the stage of the investigation, when the detainees from trying to beat out the testimony, said a human rights activist, coordinator euromaidan-SOS social initiative and chairman of the Center for Civil Liberties Alexander Matviychuk. All this, according to her, accompanied by the exclusion of prisoners from their families, independent lawyers, Ukrainian consul. “All the horrors of which says Gennady Afanasiev – current strangulation mask – took place on the stage of the investigation,” – emphasizes Matviychuk.

She adds: Ukrainians have become hostages to the Kremlin, can be divided into three groups. Firstly, those who pass on trumped-up processes with political motives in the Russian Federation and on the territory of Crimea. Secondly, located in basements in the uncontrolled territory of Ukraine, Donbass. Third, more than 5 million people who live in the occupied territory. “We are talking about 2.5 million people in the Crimea and 3 million in a” gray zone “in Donbass” – human rights activist said.

Read more about the features of the release of members of each of their groups, and where the situation with the “prisoners of the Kremlin’s” most critical, in an interview FaceNews told Alexander Matviychuk.

Which groups you share “the Kremlin’s prisoners?” And why is the issue of their release is important to talk about conditional groups?

Why do we combine these people in a pretty conventional groups? Understanding who these people are and what group they are in, it helps us to determine what can and should do in a particular situation.

When we talk about “hostage of the Kremlin” that belong to the first group of people who go on trumped-up criminal proceedings on political grounds in Russia and in the occupied Crimea. It is clear that there is no independent judiciary. But there is a building, where it says “trial”, there is a man in the mantle, who calls himself a judge. With the right to a fair trial that has nothing in common, but there is at least some kind of simulacra. In such cases, lawyers fulfill all the legal and procedural possibilities, and do everything in their power at the federal level, and then continue to work with international organizations such as the European Court of Human Rights.

The second group of “hostages of the Kremlin” – people who are in the basement of the occupied part of the Donetsk and Lugansk regions. Even if illegal armed formations charges against them in violation of the Criminal Code is still the Soviet regime, it is clear that there is nothing at all to talk about the quasi-even procedure.

Together with colleagues we interviewed 165 people and recorded evidence. People were kept in cellars, garages, dog cages, manholes. Every second civilian said he had succumbed to torture. And we must understand that it is not just about beating. This is rape, electric current, cutting off fingers, prostrelivanie body parts. We have fixed many terrible things done by people with guns, because felt complete impunity. It is interesting that 16% of the civilians we interviewed said they were direct witnesses, when, during the so-called confrontation or interrogation of people beaten to death. All that we have documented and transferred to the International Criminal Court in The Hague.

The third category, which I would say as a hostage of the Kremlin, is 5.5 million people living in the occupied territory, no matter how they relate to the occupation. We are talking about 2.5 million people in the Crimea and 3 million in a “gray zone” in the Donbas. The latter, for example, have no way to protect against the tyranny of man with a gun his property, health, life and the lives of loved ones.

With regard to the Crimea, then we see that there is no way to protect themselves from political persecution. It’s starting to feel the even pro-Russian part of the population, those who rejoiced at the annexation. However, they are used to that under Ukrainian jurisdiction have the right to peaceful assembly, and now, when they go out to protest against the closure of the Cadet Corps with portraits of Putin, beaten and brought to administrative responsibility. Russia, which they saw from the TV, suddenly found a very different Russia, which reigned in the peninsula.

About a third category also need to talk, because they need our protection. Now Ukraine has very limited opportunities to directly influence what happens with a specific person or group of people, but this is not an excuse for us to do nothing. Our country needs to make use of existing international mechanisms or, if not available, create new ones.

Recent years have shown that Ukraine is difficult to stand up to Russia at the international level. For example, the federation has the right to veto in the UN Security Council. In addition, about a year ago, the Russian Federation made a decision, according to which can selectively implement the decisions of the European Court of Human Rights. What international mechanisms can help to influence Russia?

This is a question that we need to have a strategy that will be provided in the complex legal, diplomatic, economic and other activities. But such a strategy in Ukraine, unfortunately, no. And this is a problem.

You are right: consolidated procedure in Russia in the summer of last year, which is to try to bring the legal form of a breach of international obligations, and now they are free to decide how to execute the decision of the European Court, and what – no. When Russia is beginning to show a similar situation goes from a legal plane in diplomatic. And the Ukrainian diplomats have to say: if the law does not apply, and Russia does not understand the PACE resolution requirements of the UN Committee or the European Court, then let us talk to her language that she understands. If Russia fails to comply with judgments of the European Court, let’s talk about toughening sanctions. This should act as a package.

Until we have a full-fledged strategy on the issue of “the Kremlin’s prisoners’ state of the task falls on the shoulders of social activists. You are one of the initiators of the campaign LetMyPeopleGo, which oversees the Russian theme of liberation of the hostages. Who is on this list?

In LetMyPeopleGo list – citizens of Ukraine, which are held for political reasons in the areas of non-freedom in Russia and in the occupied Crimea.

How many people are now included in the list?

This is a very sensitive issue, because it is sometimes very difficult to determine the presence of a political motive. For example, human rights activists say that the Crimea was illegally moved to 2200 prisoners. How do I know that all they have been lawfully convicted or not? Knowing how the authoritarian system, assuming that many illegally. But if we include in the person list also it depends on whether there is in fact a political motive.

In the summer, we were talking about 28 people, and then added, “Panova group.” We met with a lawyer, and is now waiting for the case file. It is likely that they will be included in our list, but we want to see the material. The second example – the journalist Roman Sushchenko, the materials of his case in general there is no access, because it passes through the article “spying” and classified. How to be in this case? All indications are that it is very similar to the case Yuriya Soloshenko, Valentine Vygovskogo, but there is always a risk, because it is impossible to check (at the time of publication of the article “a group Panova” and journalist Roman Sushchenko were included in the list of campaigns, – FaceNews).

When those who managed to escape from captivity, told that they had to endure, it becomes really scary. Such as torture, which Gennady Afanasiev said. Where is the most critical situation in the aspect of the treatment of our prisoners?

The fact that said Gennady Afanasiev, and after that was a lot of people from the list, did not start while serving their sentence, but much earlier, during the so-called investigation. Then they were isolated from their families, are not allowed independent lawyers, Ukrainian consul, and had been tortured to extract confessions. All the horrors of which says Gennady Afanasiev – current strangulation mask – took place on the stage of the investigation. One of the Russian lawyers, when she saw in what condition is her client, came to the investigator with a direct question: “What do you with the person did” what he said to her: “What do you want with us since the days of Ivana Groznogo methods of investigation We have not changed. “

Therefore, here it is necessary to monitor what happens to the man on the stage of the investigation, what happens to them during the trial, and what happens after the verdict. These stages have their own characteristics. During the investigation, as I said, there is the problem of artificial isolation, and while serving their conclusion is very hard to produce any information about the person then gradually forgotten. Here the task of the public – do not forget to constantly remind that the person is sitting. This increases the chances that he will be released.

About who is in the worst state, from what we know, we can separately identify Stanislaus Klyha. Torture does not have consequences for the people and, unfortunately, he lost his sanity. It has become apparent to all, when he gave up an independent lawyer who fought for his release and said he wanted to protect his Stas Mikhailov, Pelagia, Shura or beast. He was sentenced to twenty years, with medical and psychological examination, which took place in Chechnya, found him completely sane. Naturally, he is now in a very serious condition.

Alexander, it is unlikely you surprised that the appeal in the case Karpyuk and Klyha who viewed Russian Supreme Court about a month ago, upheld the judgment of conviction of 22.5 years and 20 years.

No hope there is no legal solution. There is hope that the leadership of Russia as a result of international pressure to take a political decision to release them. And then they will exchange, pardon, extradited or find any other legal mechanism to a face-saving, Russia could bring them home.

Sourse, 05/01/2017