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Commission of Inquiry on Ukraine: latest comprehensive report to the UN Human Rights Council
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HRC - Press Conference: Independent International Commission of Inquiry on Ukraine - 15 March 2024
STORY: Commission of Inquiry on Ukraine – Latest report
TRT: 2:35”
SOURCE: UNTV CH
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS
ASPECT RATIO: 16:9
DATELINE: 15 March 2024 GENEVA, SWITZERLAND
- Exterior medium shot: UN flag alley
- Wide shot: speakers at the press conference with photographers in front of them
- SOUNDBITE (English) – Erik Møse, Chair of the Commission: “The new evidence strengthens the Commission's previous findings that torture used by Russian authorities in Ukraine and in the Russian Federation has been widespread and systematic. The latest investigation focused on cases of torture of Ukrainian prisoners of war.”
- Wide shot: speakers at the press conference with journalists in the room
- SOUNDBITE (English) – Erik Møse, Chair of the Commission: “Residents described unbearable suffering endured during relentless shelling and aerial bombardments, which caused large scale death, injury and destruction. People interviewed by the Commission recalled seeing large number of dead bodies on the streets, in the rubble of their houses and in the city's hospitals.”
- Wide shot: speakers at the podium from behind with photographers
- SOUNDBITE (English) – Vrinda Grover, Commissioner: “In this report, the Commission has documented for the first-time attacks by Russian authorities affecting cultural property and seizure of cultural objects. We have found that in the summer of 2023, the Russian armed forces committed indiscriminate attacks in Odessa city, affecting several buildings and the Transfiguration Cathedral located in the historic center.”
- Wide shot: speaker at the podium with journalists and photographers in press room
- SOUNDBITE (English) – Vrinda Grover, Commissioner: “The Commission investigated incidents of rape and other sexual violence committed against women in circumstances which also amount to torture. It also details incidents of torture with a sexualized dimension and threats of rape against Ukrainian male prisoners of war.”
- Close up: photographers taking pictures
- SOUNDBITE (English) - Vrinda Grover, Commissioner: “In its current report, it concludes that the transfer of a group of 46 children from the Kherson regional children home to Crimea was not temporary and hence amounts to war crime of unlawful transfer.”
- Wide shot, photographers taking pictures
- Medium shot, speakers at podium
- Close up, journalist taking photos with phone
STORYLINE
New evidence of widespread and systematic torture by Russian forces in Ukraine, say UN-appointed independent rights investigators
Fresh evidence of severe and systematic abuse, including likely war crimes, perpetrated by Russian forces in Ukraine were revealed on Friday by UN-appointed independent rights investigators.
“The new evidence strengthens the Commission's previous findings that torture used by Russian authorities in Ukraine and in the Russian Federation has been widespread and systematic. The latest investigation focused on cases of torture of Ukrainian prisoners of war,” said Erik Møse, Chair of the Independent International Commission of Inquiry on Ukraine, speaking to reporters at the United Nations in Geneva.
The report highlights an escalation in civilian suffering two years following the full-scale invasion of Ukraine by Russian forces, attributing the violations to a disregard for fundamental humanitarian principles and to the obligations to uphold human rights.
The findings reflect information gathered from March 2023 to March 2024, when the Commission travelled to Ukraine 16 times, visiting 34 settlements in nine provinces and interviewing 816 people.
The siege and indiscriminate bombardment of Mariupol were an additional focus of the report, which assessed the grave impact on civilians of the fighting from the outset of the full-scale invasion until the end of May 2022.
Fighting in Mariupol city damaged or destroyed at least 58 medical buildings, according to the data gathered by the Commission.
“Residents described unbearable suffering endured during relentless shelling and aerial bombardments which caused large scale death, injury and destruction,” said Mr. Møse. “People interviewed by the Commission recalled seeing large number of dead bodies on the streets, in the rubble of their houses and in the city's hospitals.”
Incidents of rape and other sexual violence were also examined in the Commission's report.
“The Commission investigated incidents of rape and other sexual violence committed against women in circumstances which also amount to torture. It also details incidents of torture with a sexualized dimension and threats of rape against Ukrainian male prisoners of war,” said Commission member Vrinda Grover.
The investigations found additional evidence concerning the unlawful transfer of children to areas under Russian control. “In its current report, it concludes that the transfer of a group of 46 children from the Kherson regional children home to Crimea was not temporary and hence amounts to war crime of unlawful transfer,” Ms. Grover said.
According to the Commission, indiscriminate attacks by Russian forces have led to the destruction and damage of civilian objects, including those that are protected under international law – such as hospitals and cultural property.
“In this report, the Commission has documented for the first-time attacks by Russian authorities affecting cultural property and seizure of cultural objects,” noted Vrinda Grover.
“We have found that in the summer of 2023, the Russian armed forces committed indiscriminate attacks in Odessa city, affecting several buildings and the Transfiguration Cathedral located in the historic center,” she added.
The attacks were, at the time, severely condemned by UNESCO, as violence against cultural heritage of Ukraine that stands in contravention of international conventions on the protection of cultural property and world heritage.
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Teleprompter
[Other language spoken]
Good morning and thank you all very much for joining us here at this press conference at the Pally de Nacion in Geneva with the Independent International Commission of Inquiry on Ukraine.
As you may know, the Commission was created by the Human Rights Council two years ago, in March of 2022, to investigate all alleged violations and abuses of human rights, violations of international humanitarian law and related crimes in the context of the aggression against Ukraine by the Russian Federation.
Today, its members are here to share with you the findings of their latest report.
With us now is the chair of the Commission, Mr Eric Mercy and fellow Commissioner, Miss Brenda Grover.
On the far end, due to unforeseen circumstances, the arrival of the third Commissioner, Pablo de Grief, has been delayed, but he'll be in Geneva when the Commission presents its report to the Human Rights Council early next week, most likely on Tuesday at 9:30 AM.
So this report is being published online as we speak, and you should all have a copy of that in your inboxes by now, along with the press release.
Now, the Chairman will deliver opening remarks follow, followed by Miss Grover, and then we'll open the floor to questions.
So we can begin now.
And over to you, Chairman.
[Other language spoken]
[Other language spoken]
We are here today to introduce the Commission's report that will be presented to the Human Rights Council early next week.
This report reflects the Commission's findings at the end of its second mandate, from April 223 to March 224.
During this.
The Commission travelled to Ukraine 16 times and visited 34 settlements in nine provinces.
We have relied on interviews with 816 persons.
The Commission's investigations are a continuing process.
The current report focuses on three aspects, the systematic and widespread use of torture against Ukrainian prisoners of war, the severe impact on civilians on the fighting and the siege of Mariupol city and attacks affecting cultural object and historical sites, as well as see through of cultural objects.
The Commission has investigated additional cases of torture by Russian authorities.
During its current mandate, it has focused on cases of torture in 11 detention facilities, 7 in areas under Russian control in Ukraine and four in the Russian Federation.
Victims are men and women, the majority being men aged 21 to 58 years.
The new evidence strengthens the Commission's previous findings that torture used by Russian authorities in Ukraine and in the Russian Federation has been widespread and systematic.
The latest investigation focused on cases of torture of torture of Ukrainian prisoners of war victims.
Accounts disclose disclose relentless brutal treatment inflicting severe pain and suffering during prolonged detention with blatant disregard for human dignity.
This has led to long lasting physical and mental trauma.
1 Ukrainian soldier who was detained and tortured by Russian authorities in several detention facilities recounted his experience in the correctional colony in the town of Donskoy, Tula region, where he was repeated repeatedly, subjected to torture and left with broken bones, broken teeth and gangrene on an injured foot.
I lost any hope and the will to live, the soldier said, adding that he had tried to **** himself, but perpetrators subjected him to further beating.
After his release, the soldier has been hospitalised 36 times.
Turning to the siege of Mariupol city, the report assesses the grave impact on civilians of the fighting.
From the outset of the full scale invasion until the end of May, 222 residents describes unbearable suffering endured during relentless shelling and aerial bombardments which caused large scale death, injury and destruction.
People interviewed by the Commission recalled seeing large number of dead bodies on the streets, in the rubble of their houses and in the city's hospitals.
The fighting in Mariupol city damaged or destroyed at least 58 medical infrastructure buildings, according to data sets obtained describing the general situation in Mariupol.
Woman who fled on foot to a neighbouring village called it the road to death.
Expressive the pervasive feeling of fear.
Taking forward the third area of focus mentioned by the Chair in this report, the Commission has documented for the first time attacks by Russian authorities affecting cultural property and seizure of cultural objects.
We have found that in the summer of 2023, the Russian Armed Forces committed indiscriminate attacks in Odessa city, affecting several buildings and the Transfiguration Cathedral located in the historic centre.
These buildings have special protection under international humanitarian law, being part of the cultural heritage of peoples.
The Commission has also examined information related to the seizure of cultural property by Russian authorities in areas under their control by transferring cultural objects from the Cursor Regional Art Museum and removing archival documents from the State archives of Cursor province to the Russian occupied Crimea in the autumn of 2022, Russian authorities violated international humanitarian law and committed the war crime of seizing the enemy's property.
Furthermore, the Commission investigated incidents of **** and other sexual violence committed against women in circumstances which also amount to torture.
It also details incidents of torture with a sexualized dimension and threats of **** against Ukrainian male prisoners of war.
The Commission is concerned by the continued use of explosive weapons in populated areas.
Often, Russian armed forces fail to take feasible precautions to verify that the affected objects are not civilian.
The continuation of such attacks for over 2 years of armed conflict further demonstrates a pattern of disregard for the requirement to maintain the distinction between military objectives on one hand, and civilians and civilian objects on the other, as previously underscored by the Commission.
The Commission has continued to investigate allegations concerning the transfer and deportation of children from Ukraine to the Russian Federation or to Russian occupied territories in Ukraine.
In its current report, it concludes that the transfer of a group of 46 children from the Kelso Regional Children Home to Crimea was not temporary and hence amounts to war crime of unlawful transfer.
The report also describes a few violations of human rights by Ukrainian authorities against persons suspected of collaboration with Russian authorities.
The Commission condemns all violations and corresponding crimes.
It reiterates the importance of accountability in all its dimensions.
The evidence shows that Russian authorities have committed violation of international human rights and international humanitarian law and corresponding war crimes.
Further investigations are required to determine whether some of the situations identified may constitute crimes against humanity.
Thank you for your attention, and we now welcome your questions.
Thank you very much.
So now we'll open the floor to questions.
If you could please identify yourself in the media outlet which you work for, we'll take one in the on the right.
[Other language spoken]
Chris Hooked.
I'm working for a Jones France press here in Geneva.
I had a question on on torture because you say it's systematic and and widespread.
What's the goal that the Russians try to achieve by doing that to prisoners of war or civilians?
If we start with I'll treatment of civilians, I think the purposes were mainly once they had found or tried to find persons who allegedly were sympathising with Ukrainian forces or Ukrainian authorities.
The purpose was to extract information from them, sometimes to punish.
When it comes to prisoners of war, there seem to have been several purposes, partly again extracting information but also ill treating them and highlighting that they were persons who deserved to be humiliated.
[Other language spoken]
[Other language spoken]
Any more questions from the room?
OK, we'll take a question online from Lawrence Sierra CRO of the Swiss News Agency.
[Other language spoken]
Yeah, thank you for taking my question.
So kind of follow up now that's the end of the of two mandates of one year.
Would you say that that pattern of torture against Ukrainian prisoners of wars tend to diminish a little bit with with time or the contrary, does it increase?
And if I may quickly, since you focused a lot on prisoners of war, some instances have qualified.
What happened in Olenovka in the bombing 2 years ago?
I think it's still not the case from your Commission.
Have you reached any conclusion on that?
And lastly, the timing of the release of the report, which is on the first day of the Russian presidential election with Alexei Navalny deaths in custody.
There's been a lot of discussions around that in the last few weeks.
You're focusing on prisoners of war in Russia.
Do you have a message to send to the Russian electorate?
[Other language spoken]
And the last point, we have no messages to send anywhere.
The purpose of this Commission is simply too in conformity with its mandate to inquire into the issues relating to violations and crimes, and based on those findings, we are simply reporting to the Human Rights Council about what we have found.
So that is our task.
Do you want to continue on torture within the on the aspect of torture?
As to whether there has been a decline, it's the investigation and the interviews that we have now concluded and the cases that we have now concluded, We have provided those findings in our report.
The nature and the pattern that is observed is both in terms of them being practised systematically across detention centres as well as the method being used, which therefore suggests to us that there is a more clearly defined, perhaps policy and nature which is more systematic.
And therefore the emphasis this time in the report on the manner in which torture has been practised by the Russian authorities, both against civilians but particularly the prisoners of war.
So, in short, what we have found this time strengthens our previous findings but make them yet more solid.
[Other language spoken]
We'll take a question from Yuri, if you could just identify yourself.
Yes, thank you, Yuri Appridev from Rheanovosti.
I have three questions to the Commission.
In your report, you mentioned three attacks on cities under Russian control, two against Donetsk, which is nevertheless bombed every day, and one against Bengal.
You do not attribute any of these attacks to Ukraine, explaining that the lack of access there did not allow you to determine those responsible for these attacks.
However, we forgot to mark your pole, to which you also did not have access.
You attribute all the attacks to Russia.
So how to explain this difference?
Do you therefore consider that possibly the Russian soldiers on the line of contact again with Ukrainians are returning their own weapons, not in the direction of the Ukrainian army, but in the direction of the cities under their own control, in order to to strike them?
Is this what this is a possibility that you have?
And also that Russia is hitting its own cities like Belgorod?
So according to you, nothing allowed during your second term to attribute any attack that caused civilian casualties to the Ukrainian army.
Even so, according to OHHER, that 2283 civilians have been killed since February 24 in strikes against civilians in the territories under the Russian the control of the Russian army.
And the last question is that in your report you mentioned 2 cases of arbitrary detection by the Ukrainian authorities.
However, during the year 2023, many, many representatives of the Ukrainian Orthodox Church, for example, were arbitrary arrested.
Likewise, you make no mention at any time of the first mobilisation of civilians, despite the numerous videos showing Ukrainian army recruitment agents possibly beating and taking men to send them to the front.
Have you not seen anything about this and how to explain if you haven't seen anything?
[Other language spoken]
Because even the western media recognise that this is something really.
[Other language spoken]
This was a very long intervention and it was not so easy on this side of the connection really to individualise the the questions.
Let me first say that what we have been focusing on in this report is what will be in the written report public from now and which was in one way summarised during our press conference and which will also be summarised in the oral update to the Human Rights Council early next week.
So this is the parameter of what we have been doing this time.
The investigations are the continuing process.
There are many aspects that one could raise, but given the Commission's general capacity and also the wealth of information and all the events on the grounds, there are limits to what we can do at 1:00 at in one round.
And this is then our fifth report and the subject to a possible if extended.
The Commission will then continue for more specificity render there was mention of certain cities and areas under Russian control and occupation and the query was whether that what have those been examined or who are we attributing?
I think as mentioned both today in the bias as well as you know on earlier occasions and in the report, the Commission has addressed a total of 23 written communications to the Russian Federation seeking access as well as information.
All our communications remain unanswered.
Investigations are limited by the absence of information, the information being provided or made available to us, as well as severely curtailed by lack of access.
Many of the the the points raised fall precisely within these domains and the reason why we cannot investigate further.
Mention was also made of certain media reports as the Chair has stated earlier.
Also, the Commission will continue to follow a procedure where there will be investigation by the Commission and verified as well as corroborated before that is included and presented in the report.
Lastly, at the, I think on the aspect of Mariupol, the Commission's investigators and team managed to speak to survivors after they had left the city of Mariupol and only then was any access available.
OK, thank you very much.
Let's take a question from Jeremy Launch from Radio France International.
[Other language spoken]
[Other language spoken]
2 questions for the Commission.
One would be on on ****, similar to the question of my colleague law.
Do you note an increase in in, in **** as a weapon of war in do you hear me?
Well, because yeah, yeah, you can hear me there was yeah.
Do do do you know it's an increase in in **** as a as a weapon of war in in Ukraine or is it here from the beginning?
And there's no particular difference here.
And the second question would be on the, the, the, the, the size of cultural properties that you mentioned.
Would you consider that that new that new incidents as a as part of a cultural genocide maybe could that fall into that category in Ukraine?
[Other language spoken]
On the left, on the last question, what we had done in our report is to look into these incidents of partially destruction of cultural objects and partly season of cultural objects and even of course, they are reflecting the identity of of the population and the country.
It is the legal standard of protection of cultural objects under international law which has been the legal yardstick under which we have assessed this these offences.
So that's for the second one.
As regards to ****, in our earlier reports we had said that we've looked at sexual violence, gender based violence, **** in nine provinces in Ukraine and now there are other provinces which we have investigated cases.
We our determination is that both **** and sexual violence are war crimes.
In this and what we have in the cases, we there's a finding that these amount to war crimes.
And in some circumstances we have said that it is also amounting to torture, particularly with the focus this time on prisoners of war.
We have also found that there was a sexualised dimension of torture of male Ukrainian prisoners of war.
Whether there is an increase in number I.
The report is not making an observation on that.
Both by the very nature of this violation, very often the victims are going to take time to come forward and to speak about it.
So at present we are not making any remark whether there is an increase or decrease in the violation.
What we are seeing is that there has been use of **** and sexual violence, particularly even there were house searches when women were detained and in order to extract information and sometimes to humiliate and degrade.
Thank you, commissioner.
[Other language spoken]
[Other language spoken]
[Other language spoken]
Yes, continuing just a bit on the issue of of **** of women, sexual ****, Jeremy asked.
Would you say it is a weapon of war?
What is the reason for ****** women doing this?
And also I'm wondering whether in the report you have figures regarding the numbers of women that have been raped.
You also mentioned that men have been raped.
Perhaps you could elaborate a bit upon that.
And then a second question is, have the Russian authorities seen your report?
Do you have they responded to it?
I mean, I think it's important to find out what it is they they how they regard your report.
Thank you very much.
First, the issue of whether the parties to the armed conflict have had the opportunity to see the draught report and the answer to that is yes, that's in in conformity with normal standard with respect to Commission of enquiries.
So they have both had the possibility to comment upon the draught.
This is a methodology we have been following from the outset and we have noted with regret that the Russians have not responded on to any of the draught we have sent them during previous reporting, nor have they done so this time moving in the direction of them.
**** dimensioned.
Let me start with the with **** against mail there.
I think it's fair to say that this is something that was mainly seen in in connection with prisoner of walls under the control of prisoner guards.
Some there was there were incidents of **** and they were also incidents of touching of certain body parts, which was considered very humiliating.
As for the female aspect, Linda, I think as was said earlier to our determinations are whether these are violations of international human rights, international humanitarian law and other crimes.
The phrase weapon of war is nowhere used either in the past or now in the report because that is we are working within a legal mandate.
What are investigation and findings do show that from ages in this report, the cases show that from ages 15 to 83, so girls as well as women have been raped and there has been sexual violence.
These have been, as I said earlier, in situations of house search by Russian forces in detention, often in the presence of family members there.
It has been accompanied by physical beating both of the **** victim as well as of other family members who have also suffered torture and the at times it has been to seek information and at times it has been to punish and humiliate some.
There have been instances of the same victim having to suffer multiple sexual assaults and rapes.
We've also noted that the victims have are are suffering from trauma, fear and it as well as stigma on certain occasions.
And the trauma is also suffered by other family members who have been witness to this in our determinations.
These are violations of international human rights.
These are violations or they in some circumstances, **** has also amounted to torture.
And there are also, these are also the war crime of **** and sexual violence.
[Other language spoken]
[Other language spoken]
[Other language spoken]
You mentioned that some of the violations may constitute crimes against humanity.
Which ones do you feel are most likely to fall into that category and how close are you to making that determination?
Do you think that's going to happen?
And secondly, could you just explain to whom you are passing this evidence on which judicial authorities you are cooperating with?
Thanks very much.
Judicial cooperation with other authorities.
It follows directly from our mandate that we are and we are set up with a view to ensure accountability, and such accountability can both be at the national level and at the international level.
This means that we can be asked for information partly by domestic authorities from various countries or by international courts, for instance ICC or other entities.
There is a certain contact between US and national and international entities, so and there is also a certain exchange of information or contact between these entities, but they are of course totally independent.
These are different investigations that are carried out without any kind of coordination.
They are separate and independent when it comes to the issue.
I think you referred to the issue of crimes against humanity.
Could I say more generally that we have in our previous report referred to crimes against humanity in a way, in, in, in, in 3 dimensions, so to say.
We have talked about it with respect to the waves of attacks since October 2, 23, where we have had these attacks against infrastructure, energy related infrastructure.
And the issue that has arisen is whether some of the impact of that kind of attacks can amount to crimes against humanity.
That's something we have erased in previous report and we are still working on it.
These are complicated areas, but that's one dimension and the the examine, the investigations are continuing.
The other part where we has have mentioned it is of course torture.
It follows from what we have just explained here that that is also an ongoing process.
We have in a way generally strengthened the widespread and systematic part of the issue, but remains investigation concerning to the policy element and that is something we will continue to look into if the mandate is extended.
And thirdly, we mentioned crimes against humanity with respect to Mario Pool in our March report and that we have now been able, even if we don't have access to Mario Pool, as just mentioned by Verinder, to to through interviews with people who have left Mario Pool and been able to, to talk with us from elsewhere to get much a broader picture of what happened there.
But this does not yet lead to any firm legal conclusions.
But it the purpose of this report is clearly to show that there are violations of the international humanitarian law and that there is a need for further investigations.
[Other language spoken]
OK, let's go to one question from Jamie Keaton of Associated Press.
He posed this question in a chat.
[Other language spoken]
I, I guess I got to ask it really quickly.
[Other language spoken]
[Other language spoken]
Todd, can you please describe what your assessment is about the nature of the torture?
And, and the report uses the word horrific.
So I'm just wondering how you reached that conclusion.
[Other language spoken]
Sure of the torture covered was covers several aspects of course there were beating, verbal *****, electronic devices being used on the areas, body parts, just to mention a few.
There was very limited access to food, water, necessities.
The whole treatment of the prisoners of war and the picture drawn up emerging from the the way they were dealt with, how they were treated over long periods, months, enables us to use the word horrific.
[Other language spoken]
We have one question online from Stephen Shocker, freelancer.
[Other language spoken]
It says targeting cultural heritage, abduction of children, systematic humiliation and torture.
In the report also Russia's propaganda is mentioned.
Does that sum up to the suspicion of genocidal motives?
[Other language spoken]
Let me start with the genocide.
Let me start with it's on yes, yes, very good.
As regards the genocide thing, we have said in our previous reports that we are well aware of allegations of genocide and we have said that that is something we are concerned about and that we are looking into, and we have been done that in previous reports.
As far as in these reports, and as with other aspects, this is an ongoing process.
But what we have said is that we would look further into the issue of direct and public incitement to commit genocide in certain media on the Russian side.
And this report contains a summary of our work here in the sense that we have gone through a large number of such statements and have found that many of them used to are using dehumanising language and calls for hate, violence and destruction.
And we are concerned with statements supporting the Russian full scale invasion of Ukraine, calling for the killing of a large number of persons.
So this is something we note, but we are simply saying that this is something we will continue to look into.
We have not formed any conclusions at this stage and we will recommend further investigations.
[Other language spoken]
I don't see any more questions online or does anybody have any from the room?
[Other language spoken]
Yes, I I just wondered what's next for you like is are you going to be renewed or what, what's going to happen?
That's not up to decide, not to up up to us to decide.
We have now finished our second mandate and it will then be up to the Council of Europe, Council of Human Rights Council to, to, to assess the situation and to make a decision as to whether they want the Commission's mandate to be extended.
So this is not in our hands.
[Other language spoken]
If there are no further questions, would any of the commissioners like to make any closing remarks or add anything else?
[Other language spoken]
[Other language spoken]
All right.
Well, that brings us to the end of this press conference today.
Thank you all for joining us.
[Other language spoken]