General statistics and analysis of the current situation
The aggression of the Russian Federation, which began back in 2014 with the annexation of Crimea and military operations in the east of Ukraine, and turned into a full-scale war in February 2022, led to the fact that during this time a significant number of Ukrainian military personnel and civilians ended up in Russian captivity.
Since fighting in eastern Ukraine in 2014, especially in the Donetsk and Luhansk regions, dozens of Ukrainian soldiers have been captured by Russian-backed separatists. According to reports by human rights organizations, from 2014 to 2021, more than 1,500 military personnel and civilians were abducted and captured. Following Russia's annexation of Crimea, Ukrainian military personnel who remained on the peninsula became the target of arrests and illegal detention. According to human rights activists, about 10% of Ukrainian soldiers who served in Crimea were detained by Russian troops and captured.
According to the data of the International Committee of the Red Cross (ICRC), as of the beginning of August 2024, about 20,000 Ukrainian servicemen and civilians are in Russian captivity. These data indicate systemic violations of human rights that require an urgent international response.
Statistics of documented executions, torture and abuse
According to official reports of human rights organizations, the situation with prisoners of war in Ukraine is extremely critical. In a report published by the UN in 2023, it was stated that 75% of the interviewed prisoners of war reported physical violence, including beatings and torture. Torture methods include: electric torture, psychological pressure and threats, simulation of execution, coercion to confess crimes.
According to the data of the organization Amnesty International in 2023, 60% of the interviewed prisoners of war confirmed the facts of violence, including physical torture.
In the report of Human Rights Watch for the year 2023, 51 documented cases of torture of Ukrainian military personnel were recorded. Witnesses reported brutal detention conditions, including overcrowded cells with no access to medical care, unsanitary conditions, and limited access to food and water.
Witness statements highlight the brutality of the treatment. One of the soldiers, released from captivity, said: "We were kept in a cramped room, we were not allowed to eat for several days. We saw how our comrades were beaten and tortured."
Exchanges of prisoners of war and negotiations: history and dynamics
Prisoner exchanges became an important part of humanitarian policy during the war, unfortunately, only a few large ones have been agreed upon since the beginning of the conflict. In March 2022, when both sides were able to release several dozen of their soldiers. That was the first step towards the formalization of the process.
According to information from the Ministry of Defense of Ukraine, as of August 2024, more than 20 large exchanges have been carried out, during which about 5,000 Ukrainian servicemen were released. One of the largest exchanges took place in September 2023, when more than 200 Ukrainian soldiers were released.
But their dynamics remain unstable, and sometimes quite difficult. For example, in the summer of 2023, several planned exchanges were disrupted due to the escalation of the conflict and the political situation in Ukraine. This shows that the exchange process is extremely sensitive to external circumstances. Or as in the example of the "Azov" prisoners of war, where we are talking about unilateral reluctance to agree on an exchange on the part of Russia. In the words of Ukrainian military officer Bohdan Krotevych, "by the beginning of spring 2024, more than 900 Azov soldiers remain in captivity, whose exchange Russia is sabotaging." Only during the exchanges that took place on September 13 and 14, 2024, among the released 152 prisoners of war, 38 Azov soldiers returned to their homeland.
Prospects of prisoner of war exchanges
Prisoner exchanges are often blocked due to political demands from the Russian side, which complicate negotiations. The Russian side often imposes political conditions on the exchange, which may include a demand for the release of Russian military personnel or conditions for the exchange of persons considered by Ukraine to be criminals.
Increasing international pressure on Russia from the UN and other organizations may contribute to better conditions for the exchange of prisoners. In June 2024, the UN Security Council adopted a resolution calling for international humanitarian law and the promotion of exchanges.
Humanitarian corridors, which can be used for the evacuation of wounded and civilians, as well as for prisoners, can also be an important element. Ukraine needs to improve its exchange strategies by engaging international mediators to conduct negotiations. This may include the creation of ad hoc groups to work on exchanges on an ongoing basis.
Criminal proceedings
Numerous criminal proceedings were initiated in Ukraine regarding war crimes, including violations of the rights of prisoners of war. The General Prosecutor's Office of Ukraine conducts investigations in the following areas:
Torture and ill-treatment: According to the prosecutor's office, since the beginning of the war, more than 1,000 criminal proceedings have been opened under the article on torture and ill-treatment of military prisoners.
Murders of prisoners of war: Separate criminal cases relate to the murders of Ukrainian soldiers in captivity. The prosecutor's office received testimony that in a number of cases prisoners were executed or disappeared.
Specialized units: The prosecutor's office has created specialized units that deal only with cases of war crimes and violations of the rights of prisoners of war. These units also coordinate their actions with international organizations to collect evidence and testimony.
International human rights organizations
Human rights organizations such as Human Rights Watch and Amnesty International are actively working to document cases of human rights violations in Ukraine. They call for independent investigations and bringing the guilty to justice.
Human Rights Watch: The organization notes that despite the efforts of the Ukrainian authorities, some cases of human rights violations remain ignored. They demand the creation of an international commission to investigate cases of torture and ill-treatment.
Amnesty International: The organization called on the international community to intervene more actively in the situation, in particular by introducing sanctions against those responsible for human rights violations.
Conclusions and recommendations
Based on the analysis of the situation with prisoners of war in Ukraine, several key conclusions can be drawn:
Recording and investigation of systematic rights violations: The Russian side continues to grossly violate international norms regarding the treatment of prisoners of war, including torture, ill-treatment and murder. It is necessary to record and investigate these violations at the international level.
The need for international pressure: It is important that international organizations continue to investigate these cases and also demand accountability from Russia. In particular, the creation of an international commission for investigation can contribute to ensuring justice.
Improving exchange mechanisms: Ukraine needs to develop strategies for conducting prisoner exchange negotiations, creating specialized groups that would work in coordination with international organizations.
Humanitarian aid: Ensure continued access to humanitarian aid for prisoners.