The victims of the Russian aggression: how to free the hostages of the Kremlin

March 16, the European Parliament will consider a resolution that concerns including the Crimean and Ukrainian citizens threads Russia held for political reasons. We gave suggestions to the document and we hope that he will be backed by MEPs and push the Kremlin to release wrongfully convicted and detained Ukrainians and Crimean Tatars.

However, Ukraine should not hope for a miracle, and it is necessary to actively seek their own way for the release of its citizens. During the past few months, the human rights organization – the Ukrainian Helsinki Human Rights Union, the Kharkiv Human Rights Group and the Media Initiative for Human Rights – to turn out possible ways , and this work is being done so far.

But we would like now to draw expert circles to discuss our ideas – what else should Ukraine do, what tools to use for the return of their citizens home.

Stanislav Klyh was detained by Russian law enforcement agencies in the city of Eagle in August 2014. He was accused of involvement in the war in Chechnya. A few days ago has already been sentenced Stanislav taken to the colony in Verhneuralsk near Magnitogorsk. This colony “Glory” cruel treatment of prisoners. Independent examination of the mental state Stanislava Kliha, despite the lawyer’s request, the appeals of authoritative international organizations, and was not carried out by the Russian side, today his condition is deteriorating.

With Lyudmila Glondar we met at a rally at the Russian Embassy in Kiev demanding the release of illegally detained persons. Her brother, a soldier of the 3rd Special Forces Regiment in captivity in the uncontrolled territories of Ukraine in Donetsk region. Daily Lyudmila counting the days that Sergei Glondar held in captivity, is visited every possible rallies and events in support of the prisoners.

Wife Ali Asanov Elnara together with a large family living in the eastern part of the agrarian annexed Crimea. Four children, the youngest of whom was born already after Ali Asanov was taken into custody, the father sees only through the bars of the Crimean “courts”.

Such as Stanislav Klyh – those who are in places of unfreedom Russia who illegally persecuted, to whom use physical and psychological violence – not less than 16. Among them are world-famous Oleg Sentsov , and an unknown but his fellow villagers in the Luhansk Komyshnom region, Sergey Litvinov .

Such as Sergei Glondar at SBU information – not less than 112. They are kept in prison and detention center in the uncontrolled territory, as well as in basements and other unsuitable places. Among them are not only military, but also civil. For example, Donetsk scholar, theologian Igor Kozlovsky .

Such as Ali Asanov in Crimea – not less than 29. Among them are Crimean Tatars and Ukrainians. Russian factory makes and throws them out of the Crimea to Russia and back. And yet there are several thousands of Ukrainian citizens who have been convicted of non-political cases, which the Russian Federal Penitentiary Service as freely moves from the Crimea to the Russian regions.

All these people, despite the different status and conditions, are victims of the Russian aggression against Ukraine.

Undoubtedly, Russia is using them as political hostages as a means of pressure on Ukraine and the West – first “materializing” fabricated, on the verge of science fiction, the criminal case against the State of Ukraine (as, for example, with Olegom Sentsovym, Sergey Litvinov, Nikolaem Karpyukom, Stanislav Klyhom, Yuri Jatsenko, persons involved in the so-called “cases subversive”), and then used as the object to intimidation and ‘small change’.

Total and excellent in terms of prisoners

The position of illegally detained persons, has a very significant difference, and it is difficult to assess where it would be “better”. For example, if the release of the cellars “DNI / LC” groups may be the result of a political agreement, then to exit from the Russian colony, with the verdict of the Russian court or occupation, you must pardon, signed by Russian President Vladimir Putin.

In addition, in the case of uncontrolled territories have specialized structure – Joint Center for the release of hostages at SBU, whose competence does not extend to the “prisoners of the Kremlin.” On the other hand, detained in Russia and the Crimea can get access to an independent lawyer, but on the territory controlled by the group “DNI / LC”, where people are held in dog cells do not know who to know whose arms and logistics, logistical support, human rights activists powerless. And, of course, not in the Crimea or the uncontrolled territories of Donetsk and Lugansk regions of prisoners can not attend the Ukrainian consuls.

But there is something that unites all of these things and all these categories of hostages: the fact that they are victims of the Russian aggression against Ukraine; the absence of the State Strategy of Ukraine for their release; their existence beyond any legal framework (lack of adopted laws on the status and recognition of the armed conflict, Ukraine puts them in a legal vacuum, uncertainty), the dependence of the fate of ghost removal arms (here we recall paragraph 6 th Minsk agreements “to secure the release and exchange of hostages and illegally detained persons on the basis of the principle “all for all”. This process should be completed no later than the fifth day after the removal “).

Why did we decide to raise this issue?

During the previous three years for persons who have been detained under the Russian legal procedures (or under occupation – in the case of the Crimea) was a struggle including legal methods: lawyers, complaints, petitions, lawsuits. And this struggle is still going on – thanks to the human rights organizations, as well as the body of the brave and the Crimean Russian lawyers. Human rights activists, in fact, did not interfere in the negotiation process, soberly assessing the impact of its resources and leaving it for a high-level negotiators.

However, today we have at our level to raise the issue of the negotiation process and the return of Ukrainian citizens home, and offer our vision – taking into account several factors that are relevant primarily for those whom we call “prisoners of the Kremlin” (but not only).

Firstly, the scale of the problem grows. Number of Russia illegally detained persons increasing: last precedent to the detention in Russia – Roman Sushchenko, in the Crimea – Vladimir Baluch. In this case, the release of recently not happen at all: the previous similar case – is the transfer of Ukraine Gennadiy Afanasyev and Yuri Soloshenko June 14, 2016, ie 9 months ago. Insulation Crimea meanwhile intensified, increasing fears of residents occupied the peninsula, including the relatives of the detainees are not always ready to make contact and to fight for their families, as well as inform about the detention. Liberation groups held “DNI / LC” civilian and military officials between the place, but very slowly.

Secondly, there is no strategy to support and rescue those who hold Russian, the State Ukraine. What is needed is a strategy, as long as there are occupied territories – until then, Russia will be able to gain full prison hostages. That is why the prisoners families while creating your pool – in the hope of being heard.

Third, the negotiation platform, which would allow to discuss the whole range of issues related to the “prisoners of the Kremlin” does not exist. (In Minsk do not discuss any issues of detainees, nor the Crimean question, as honestly admit the negotiators themselves).

Fourth, the issue of all categories of prisoners and hostages is highly politicized. It is not only about the level of geopolitical and negotiations “Ukraine-Russia-West”, but also on the level of internal Ukrainian, which clearly demonstrates the reaction to Hope Savchenko activities or events surrounding the siege (declaring including the requirement to release the hostages). In all negotiation processes purely humanitarian component is almost absent, and if there is – it is mainly decorative, but it is hidden behind “pure politics”. Ukraine should at least try to break this destructive chain depending on humanitarian issues from political – rather than to support and encourage its existence, maintaining a fundamentally inhumane position of Russia.

The fifth factor – a difficult, but worth it to sound. We are talking about now is the time to provide protection against persecution of Ukrainian military who were in captivity, and after returning at risk of becoming the subject of criminal prosecution on suspicion of collaborating with the enemy, or even treason. In particular, the Rome Statute of the International Criminal Court, namely Article 31, provides protection to those who have committed crimes under pressure when the potential harm to his life and health was identical or getting over an injury, which caused the suspect during the captivity.

Ukraine’s commitments

It is clear that Ukraine has put in a very difficult military and geopolitical conditions and information, which are called “hybrid war”. It is also clear that we are limited within the Minsk agreements and, in spite of the general understanding of their futility, any moves left or right are doomed – under the threat of cancellation of sanctions and the resumption of hostilities. But it is absolutely not a reason for inaction, especially when it comes to human lives. Ukraine should protect the rights of its citizens, even in conditions of occupation: to persuade Russia to negotiate for the return of hostages and prisoners, and the performance of obligations to respect human rights.

Together with the Ukrainian Helsinki Human Rights Union and the Kharkiv Human Rights Group a few months, we have worked on the concept of a systematic approach to the problem of the return of our citizens who illegally hold Russia and its affiliates illegal armed groups. Abridged version is available on the website of the Ukrainian Helsinki Union.

The main provisions of the concept

If you try to describe the essence of the document in one sentence, it would be: put the processes associated with all kinds of hostages and prisoners of the Russian-Ukrainian conflict in the framework of international law, to use all unused until now the possibilities offered by “the law of war” and divide the political and humanitarian issues with the aim of depoliticizing the past and the possibility of depriving Russia to manipulate them.

First of all, you need to delimit the humanitarian and political issues. Negotiations for the release of all of these categories of persons can be carried out “under the umbrella of Minsk”, but on a separate humanitarian and non-political platform essentially involving ombudsmen, human rights defenders, the world’s moral authorities.

We also support the idea of ​​adopting a law on occupied territories. This law Ukraine can also admit that “ATO”, as well as aggression in the Crimea, is an international armed conflict, which would entail the obligation subject to certain rights of detainees by the Ukrainian side in the conflict, persons under our control, the corresponding status these individuals, as well as the appropriate attitude towards them: respect for human rights and fundamental freedoms in accordance with the Geneva conventions.

A separate law should provide Ukraine the status hostages, prisoners of war and persons imprisoned for political reasons in Russia, which also entails the assignment to them of a number of guarantees and commitments of the Ukrainian state with respect to these persons.

In addition, the Geneva Conventions contain a mechanism that Ukraine has not even tried to apply – National Information Bureau. This organization should establish a register which would consolidate information on the detainees of both Ukraine and the country-occupier and its controlled units persons coming from various bodies, and to provide this information to relatives of such persons to their requests. National Information Bureau more appropriate, in our opinion, based at the National Security Council – given the functions and responsibilities of this structure.

Appropriate action should be required, of course, and from Russia. And the prospect of its rejection of this should not stop Ukraine.

Another aspect which directly concerns the protection of the rights of Ukrainian citizens and – strategically – as a matter of de-occupation of the Crimea and East Ukraine is to gather evidence that could be used in international courts. Hub to collect evidence base, combining the efforts of both the public and private sectors can be a National Security Council.

In parallel, the National Security Council should lobby for the introduction of personal sanctions against the “authors” of fabricated criminal cases and those who commit torture and other offenses against the Ukrainian citizens.

This is only a draft concept. Of course, it needs work, detail, taking into account a number of circumstances, “landing in reality,” agreement with the current legislation, the effort. We understand that, as well as the fact that the current state of affairs and the attitude of the Ukraine to the problem of the prisoners – close to a standstill, especially in the “Kremlin’s prisoners.”

Every time we want to postpone this issue for tomorrow, let us remember that Vladimir Putin has every chance to live to 80, and Oleg Sentsov, respectively, to serve his 20-year sentence.

Maria Tomak, media coordinator of Initiative for Human Rights

Sourse, 15/03/2017