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AHRCZ
Association for Human Rights in Conflict Zones

Current situation

How captured Ukrainian civilians, having survived the horrors of torture in Russian captivity, face discrimination and are left alone with their problems

At the Parliamentary Assembly of the Council of Europe on October 2 of this year, the head of the Ukrainian delegation presented the officially confirmed statistics from the Coordination Headquarters for the Treatment of Prisoners of War, according to which, as of today, the confirmed number is 65,956 people. This includes prisoners of war, civilian detainees, as well as those missing in action. Children are counted separately. The number of confirmed missing persons is 50,916. It is not specified how many of them are civilians and how many are military.

Additionally, in a statement by the Ukrainian Parliament Commissioner for Human Rights, it was emphasized that the Russian army detains civilians based on ethnic origin, religion, beliefs, and viewpoints. He noted that Russia not only occupies Ukrainian territories but also unlawfully detains, tortures, and abuses people, falsely accuses them of crimes, and deprives Ukrainian citizens of their liberty in the occupied territories. Furthermore, cases of the execution of civilians have been documented. Detainees are subjected to physical, sexual, and psychological abuse. Ukrainians are sentenced based on fabricated charges of extremism and terrorism. There are cases where Ukrainians remain in detention without official charges being brought against them, the Commissioner for Human Rights stated.

According to official data provided by the Ukrainian side, during prisoner exchanges, 3,672 people have been returned, of which only 178 are civilians. However, upon returning from captivity, civilians face various problems related to their status and adapting to normal life.

After their release, captive civilians are often required to prove the suffering they endured. If their release was not facilitated by human rights organizations, this complicates the process of recognizing their illegal detention and torture, as the Security Service of Ukraine (SSU) and other law enforcement agencies often ignore requests or redirect them to other ministries. For example, the Ministry of Integration does not consider requests without a sufficient evidentiary basis. However, even if a captive has collected evidence, this does not guarantee they will be granted the status of a prisoner of war, as Ukrainian legislation does not recognize the category of "civilian captive." The only category recognized is "prisoner of war" for military only.

This creates a significant misunderstanding: a civilian who has undergone the same torture and suffering as a soldier, including beatings, electric shock torture, sexual torture, and psychological pressure (such as mock executions), is left to face their problems alone. After returning home, these individuals often do not receive the necessary psychological support and rehabilitation. While there are programs for the reintegration of prisoners of war, civilians rarely have access to such services.

Another factor of discrimination against civilians in Ukrainian legislation is Law No. 3633-IX, which came into effect on May 18, 2024. This law grants former prisoners of war the right to leave military service if they do not wish to continue, and it also provides exemptions from forced mobilization. However, this law does not apply to civilians who were also illegally deprived of their liberty by Russia and subjected to the same torture as soldiers of the Armed Forces of Ukraine (AFU). This issue is particularly acute for women, who have experienced horrific conditions in captivity but will continue to be subject to mobilization like other military-age citizens.

For most civilians of draft age who have experienced captivity, this situation causes confusion and shock. If a civilian, having returned to the front, is captured again, their identity will be easily established, as Russian military and intelligence services meticulously gather, process, and store such information. In the case of a second capture, they are likely to be executed on the spot, unlike AFU soldiers who still have at least a small chance of survival, despite the chaotic and unlawful behavior of Russian soldiers.

As a result, there has been an increase in appeals from the families of illegally detained civilians, the captives themselves, and civil society organizations to Ukrainian legal institutions, urging them to consider amending the legislation to provide a "person who has undergone captivity" status, as well as exemption from mobilization for former civilian hostages.

Moreover, it is necessary to offer civilians who have survived captivity psychological and physical rehabilitation programs, if they urgently need them, and to provide them with housing in non-occupied Ukrainian territories if their family resources are insufficient for renting accommodation. It is also important to ensure their job and position are preserved, and to restore their Ukrainian passport and international passport without additional fees.