Head of UN Human Rights Monitoring Mission in Ukraine presents the latest human rights report
//
On behalf of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU), welcome to the release of the 36th periodic report on the human rights situation in Ukraine, covering the period February 1 to July 31, 2023.
The report is based on data collected during field missions, detention visits, and trial monitoring, as well as remote monitoring of occupied territory.
It draws from 1,226 interviews with victims, witnesses, their relatives, lawyers, government representatives, civil society, and other interlocutors, and information from court documents, official records, and relevant material.
Summary
The full-scale armed attack by the Russian Federation against Ukraine continues to have a devastating impact across the country.
Conduct of hostilities
Between 1 February and July 31, hostilities killed at least 1,028 civilians and injured 3,593.
That is, on average, nearly six civilians killed and 20 injured – every single day.
The majority of casualties - 86% - took place in Government-controlled territory and were therefore likely a result of attacks carried out by the Russian Federation.
Explosive weapons with wide-area effect caused more than 90% of the casualties, with a significant number of civilians on both sides near the frontline being killed or injured by explosive weapons, such as multiple-launch rocket systems, which should not be used in populated areas.
Cluster munitions also caused dozens of civilian casualties in government-controlled territory.
The use of cluster munitions in populated areas poses significant risks to civilians, due to their indiscriminate and potentially disproportionate effects, and the high risk of unexploded submunitions.
Also, hundreds of civilians were killed or injured by missiles and loitering munitions far from the frontline in waves of attacks launched by the Russian armed forces.
These attacks also caused widespread destruction of essential civilian infrastructure.
For example, since the beginning of July, at least 25 Russian attacks damaged or destroyed infrastructure associated with grain export.
These strikes significantly affect the livelihoods of people working in the agricultural sector, with compound effects on the rights of those living in rural, farming communities.
Torture of civilians and prisoners-of-war
HRMMU has continued to document cases of arbitrary detention and the widespread use of torture and ill-treatment against civilians and POWs by Russian authorities.
Since February 2022, we have recorded the arbitrary detention of nearly 1,000 people in occupied territories.
In this reporting period, we documented 43 such cases (35 men and 8 women), though the actual number is likely higher due to verification delays.
Approximately 90% of the detainees we interviewed reported experiencing torture and ill-treatment during their detention.
This pattern also extends to prisoners-of-war.
The testimonies of survivors describe unimaginable cruelty, including terrifying accounts of severe beatings, which in some cases led to broken bones and smashed teeth. Often, detainees experienced torture at several facilities.
During the reporting period, some Russian POWs described instances of torture and ill-treatment by Ukrainian authorities shortly after capture, which ceased upon arrival at official detention centers.
The report urges UN member-states to demand that Russian authorities grant access to independent observers at all detention and internment facilities.
In contrast, also HRMMU has full access to Russian POWs in Ukraine, where we have observed improvements in their treatment.
Violations in occupied territories
Russian authorities persisted in consolidating administrative systems in occupied territories, which encompassed elections, schools, hospitals, and courts, while imposing Russian law in the recently occupied territories.
This process resembled what occurred in Crimea almost a decade ago.
For example, occupying authorities additionally cultivated a coercive environment, leaving residents with little alternative but to acquire Russian passports.
Those lacking Russian passports faced potential job loss, in addition to restricted access to essential services such as medical care, education, and social benefits.
Moreover, they were subjected to prolonged scrutiny and risked detention at checkpoints.
Prosecution for collaboration activities
In areas that have been liberated, Ukrainian authorities have initiated almost 6,000 criminal cases against individuals accused of collaborating with the occupying power.
Our monitoring revealed that many of those detained and even convicted were targeted for activities that, in principle, could be compelled by the occupying power under international humanitarian law.
This includes individuals who worked to ensure the continued operation of social services and schools.
Often, those we interviewed stated that they had agreed to work only after being threatened by the occupying authorities.
They described an atmosphere of pervasive fear during the occupation, compounded by their isolation from government-controlled territory.
The report recommends a thorough review of the existing collaboration laws, grounded in the provisions of international humanitarian law and considering the realities of life under occupation.
Child deportations
Since 2022, OHCHR has documented eight situations in which hundreds children were transferred to the Russian Federation or to other places in the occupied territories.
The actual number of transferred children is still unclear, but obviously much higher.
While some have returned, many of those who were transferred to the Russian Federation remain there.
The Russian Federation has not yet established a functioning mechanism to identify these children and trace their family links to ensure that they are reunited with their loved ones.
The report reiterates the need to reinforce efforts to compile detailed, complete, and consistent data about these children and to establish a system for returning them.
Long-term effect of the war
The report highlights the long-term impact of war on the human rights situation, with vulnerable groups particularly affected.
With approximately 30 per cent of Ukraine’s territory exposed to intense and, in many areas, prolonged fighting, efforts to eliminate the threat of explosive ordnance must continue to be supported.
The report emphasizes the catastrophic consequences of the Kakhovka dam breach, which triggered an environmental disaster severely impacting local communities, and jeopardizing the rights of tens of thousands of people to an adequate standard of living, as well as to a clean, healthy, and sustainable environment.
In addition, the war has pushed millions of Ukrainians into poverty.
Groups in vulnerable situations, and especially older persons and persons with disabilities, risk experiencing further marginalization.
The report urges efforts to address long-term effects of the war, with a particular focus on reaching vulnerable groups who have been disproportionally affected.
Accountability
Accountability for crimes is crucial to prevent their recurrence and provide justice for victims.
So far, there is little to no progress.
OHCHR continued to document additional cases of serious human rights violations from before the reporting period, confirming patterns previously identified, including killings of civilians, enforced disappearances and torture of civilians and prisoners of war.
The Russian Federation committed the vast majority of these violations, and have taken no discernable steps to ensure accountability for violations committed by its own security forces.
On the contrary, a new law adopted in June 2023 effectively grants amnesty to Russian servicepersons for an overly broad range of crimes, reinforcing an atmosphere of impunity.
While Ukrainian authorities have launched investigations into violations committed by members of their own security forces, limited progress has been reported.
Conclusion
In conclusion, the 36th periodic report underscores the ongoing and devastating toll of the war on civilians.
Additionally, the report offers a set of concrete recommendations that, if implemented, would substantially improve human rights protection.
The report is available online through both OHCHR and HRMMU’s websites.
The Ukrainian and Russian translations will be uploaded in the coming days.
Thank you.