Visit to Ukraine - Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Jill Edwards (A/HRC/55/52/Add.1) (Advance unedited version)

Human Rights Council
Fifty-fifth session
26 February–5 April 2024
Agenda item 3
Promotion and protection of all human rights, civil, Political, economic, social and cultural rights, including the right to development

Summary

The Secretariat has the honour to transmit to the Human Rights Council the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Jill Edwards, on her visit to Ukraine which took place from 4 to 10 September 2023. In the report, the Special Rapporteur focuses on the procedures and practices of investigation and prosecution of crimes of torture allegedly committed in the context of the full-scale armed attack by the Russian Federation against Ukraine. The report also reviews the treatment and conditions of detention of prisoners of war, individuals accused of war-related crimes or otherwise facing charges in connection with the conflict.

The Special Rapporteur formulates recommendations to strengthen the investigation and prosecution of alleged cases of torture or ill-treatment, improve accountability and bring justice to victims and survivors.

**Annex **

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Jill Edwards, on her visit to Ukraine.

I. Introduction

1. At the invitation of the Government, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment conducted an official visit to Ukraine from 4 to 10 September 2023.

2. The visit focused on the procedures and practices of investigation and prosecution of crimes of torture and other cruel, inhuman or degrading treatment or punishment1, including rape and other sexual violence, allegedly committed within the context of the full-scale armed attack by the Russian Federation against Ukraine. The Special Rapporteur also reviewed the treatment and conditions of detention of prisoners of war, individuals accused of war-related crimes and those otherwise facing charges in connection with the conflict2.

3. The Special Rapporteur wishes to note that the specific focuses of her visit do not imply non-recognition of any other challenge, or positive developments and good practices, in other areas of concern to her mandate.3 4. She also wishes to observe that the information related to the Russian Federation contained in the report was either directly received by the Special Rapporteur during the visit to Ukraine or is based on reliable allegations brought to her attention while discharging her mandate, mainly by civil society organizations. For the sake of plurality of information sources and a more in-depth analysis of the issues raised during the visit, the Special Rapporteur also consulted publicly available documentation, including reports from international actors and inter-governmental organizations.

4. The Special Rapporteur wishes to express her sincere gratitude to the Government of Ukraine for the invitation to visit the country and the full cooperation extended to her during the visit, notwithstanding the complex operating environment and the challenges and limitations, from logistics to security, inherent in a situation of an international armed conflict. Oftentimes, she had to spend time in underground shelters as air raid sirens sounded during daytime and at night.

5. She had the honour to meet with the Minister of Justice, the Deputy Minister of Justice, the Deputy Minister of Internal Affairs; members of the Supreme Court of Ukraine; the Prosecutor General of Ukraine and the Heads of the especially established War crimes departments. She also met with representatives of the Coordination Headquarters on the Treatment of Prisoners of War; the State Bureau of Investigation; the Security Service of Ukraine; the National Police; and the Ukrainian Parliament Commissioner for Human Rights (Ombudsman), incorporating the National Preventive Mechanism.

6. The Special Rapporteur travelled to L’viv and Kyiv. She visited two places of deprivation of liberty, namely the Penal Facility no. 19 and the Prisoners of War Camp Zakhid-1, located in L’viv and Zakland respectively. She met and interviewed inmates and prisoners of war who expressed the wish to talk to her in private, in full compliance with the terms of reference for country visits by special procedures.4 8. The Special Rapporteur wishes to continue the constructive dialogue that characterized her exchanges with the national authorities during the visit and reiterates her availability to provide them with technical assistance and advice, as appropriate, in the implementation of the recommendations formulated in the present report.

7. The Special Rapporteur also met with representatives of the United Nations system and the diplomatic community. She wishes to thank the Office of the United Nations Resident Coordinator in Ukraine, the United Nations Development Programme in Ukraine and the Office of the High Commissioner for Human Rights for their support.

8. The Special Rapporteur also met with representatives of civil society, nongovernmental organisations, victims and survivors to whom she is deeply grateful for having shared their traumatic experiences and the challenges to rebuilding their lives and obtaining redress.

9. In preparation of the visit, the Special Rapporteur sought to obtain the cooperation of the Government of the Russian Federation. On 21 July 2023, she sent a letter to the Permanent Mission of the Russian Federation to the United Nations Office and other international organisations in Geneva, inviting the Government of the Russian Federation to share any documentation and/or information on Russian prisoners of war reportedly held in Ukraine.
   The goal was to enable the Special Rapporteur to check on their circumstances directly. A reminder of the letter was sent by email on 30 August 2023. No reply was received by the Russian Government. The Special Rapporteur also shared draft excerpts of the present report with the Russian authorities.

10. The Special Rapporteur requested a country visit to the Russian Federation of similar scope for the year 2024. By note verbale of 27 November 2023, the Russian Government declined the request. The Special Rapporteur reiterates nonetheless her readiness to engage with the relevant authorities and expresses the hope to receive an official invitation to visit the country soon.