Ukrainian Ombudsman: Torture is Part of the Russia’s State Policy

The announcement of Russia’s plans to withdraw from the European Convention for the Prevention of Torture is an official removal of the last ‘masks’.

Russia recently announced that it plans to withdraw from the European Convention for the Prevention of Torture. This document prohibits torture and inhuman treatment and has mechanisms for enforcement. To implement these mechanisms, the Council of Europe established the European Committee for the Prevention of Torture, an independent international body that has been granted the right to monitor places of detention. At the same time, it should be noted that Russia was expelled from the Council of Europe in March 2022. In other words, the Russian Federation was a party to the convention after leaving the Council of Europe, but in fact this is only a formality.

What does this step mean now?

Firstly, this allows the Russian Federation to avoid international mechanisms for the prevention of torture in places of detention, including those where Ukrainians are being held: both military personnel and civilians. The actions of the Russians will remain outside the external control of the commission, which will only contribute to the continuation of torture and inhuman treatment of people.

Secondly, the fact that the Russian Federation remained a party to the convention, albeit formally, provided grounds for legal and judicial pressure.

Thirdly, this removes responsibility before the Council of Europe. It sends a signal that torture and inhuman treatment in prisons in the Russian Federation and in the temporarily occupied territories are not only tolerated but are becoming an ‘internal matter for the Russian Federation.’ Although we understand this anyway: for more than a decade, the Russian Federation has been carrying out arbitrary detentions in the temporarily occupied territories, torturing and committing psychological and physical violence against Ukrainian civilians and prisoners of war.

In my opinion, this move by Russia is a kind of political signal. The aggressor country is demonstrating that it does not care about human rights and no longer recognises European norms. In addition, Russia’s actions create the risk of widespread human rights violations, especially during armed conflicts, against prisoners of war and civilians. This is not only a humanitarian issue within Russia, but also a crisis of global law and order. As we know, impunity only breeds new crimes.

What should the world do now? Continue to exert pressure using the tools available. Russia is still a party to the UN Convention against Torture, and cooperation with the International Committee of the Red Cross remains relevant. This potentially preserves the effectiveness of universal mechanisms for preventing and investigating acts of torture. In addition, it is critical to continue documenting crimes of torture in places of detention in the Russian Federation and to refer them to the International Criminal Court. Sanctions against individuals who desire or carry out inhuman treatment in places of detention are also important.

The path of a repressive, murderous country is the true face of Russia.