“No Face, No Responsibility? International Standards for Identifying Officials and the Practice of Mobilisation Detentions
In contemporary Ukrainian public discourse, the issue of actual detentions and the use of physical force by employees of territorial recruitment and social support centers (hereinafter referred to as TRC) against men in the process of mobilisation measures is increasingly being raised. As evidenced by numerous videos recorded by eyewitnesses, TRC employees systematically conceal their faces during these measures.
Accordingly, the very fact of the use of physical force, and in a number of cases its excessive use, raises the question of the legality and compliance with international standards of the practice of concealing their faces by TRC employees when carrying out coercive actions.
Here, we can leave aside the legal assessment of the legality of the detention of citizens by TRC employees as such. This issue has been sufficiently researched, and the answer is clear: TRC employees do not have such powers.
Instead, the key aspect is that the very fact of using physical force during the detention of persons transforms the legal status of TRC employees (who are, by their nature, military personnel) into a status functionally identical to that of law enforcement officers, as they effectively assume the relevant law enforcement powers.
In this regard, it is worth noting the provisions of Article 1 of the Code of Conduct for Law Enforcement Officials, adopted by Resolution 34/169 of the UN General Assembly on December 17, 1979, according to which the term “law enforcement officials” covers all appointed or elected officials who exercise police powers, including the power to arrest or detain. Thus, when a TRC employee, while in the status of a military serviceman, resorts to detention with the use of physical force, this indicates that he has effectively assumed the powers of law enforcement officials within the meaning of the aforementioned international act, which, in turn, raises questions both about the legality of such actions and about legal responsibility for them.
At the same time, in the context of preventing torture and inhuman treatment, given the practice of detentions carried out by TRC employees, the standards of the European Committee for the Prevention of Torture (CPT) are of particular importance. The relevant CPT standards contain an unambiguous requirement: every state agent — regardless of their institutional affiliation (police officer, prison service officer, or other state official) — who exercises powers to detain persons is required to wear clear and unambiguous means of identification. Such means may include an individual number, surname, or appropriate markings on the uniform or protective equipment (in particular, a helmet).
In cases where officials perform their duties wearing balaclavas or helmets that cover their faces, the relevant identification numbers must be of sufficient size to ensure the unimpeded identification of the specific official exercising the power of detention and using physical force.
Thus, even if the actions of TRC employees in detaining citizens are illegal in nature, the obligation to have clear and unambiguous means of identification on uniforms remains relevant and important. Compliance with this requirement is a necessary prerequisite for ensuring the prompt identification of a specific individual who has used force and, where there are grounds for doing so, bringing them to justice.
Here we would like to recall certain ECHR standards regarding the wearing of balaclavas by law enforcement officers.
The CPT would also like to express its misgivings about the practice of law enforcement officials wearing masks when apprehending persons […] since this will hamper the identification of those responsible if and when instances of ill-treatment arise. The Committee considers that only exceptional circumstances can justify measures to conceal the identity of law enforcement officials [carrying out their duties]. Where such measures are applied, appropriate safeguards must be in place in order to ensure that the officials concerned are accountable for their actions (e.g. by means of a clearly visible number on the uniform) (Estonia, 2007, para 15).
The CPT considers that appropriate safeguards must be in place in order to ensure that police officers may be identified and can be held accountable for their actions (e.g. by way of a clearly visible means of individual identification on the uniform, such as a name or a number). This concerns in particular those police officers wearing masks/balaclavas or other equipment that may hamper their identification. Such a requirement is also likely to have a preventive effect and significantly reduce the risk of excessive use of force and other forms of ill-treatment (Austria, 2021, para 19).
The wearing of balaclavas (in addition to protective helmets) by members of specialised forces may exceptionally be justified in the context of high-risk operations (for instance, when dangerous arrests are necessary). However, the routine wearing of balaclavas during public order operations should be seriously reconsidered. Further, any pre-planned interventions should be videorecorded (e.g. with tactical cameras as part of the equipment of the officers concerned). Action must also be taken to ensure that plainclothes law enforcement officials effecting an apprehension and/or questioning an apprehended person in the context of public order operations clearly identify themselves (including by giving evidence of their status and professional identity as soon as is practicable) (Ukraine, February 2014, para 36).
The practical arrangements in place, in particular the display of a number on the back of helmets, did not generally allow persons apprehended in the context of the demonstrations to identify the law enforcement officials involved in their arrest. The CPT recommends that the authorities take measures to ensure that all police officers involved in public order operations, whether they wear personal protection equipment or not, display a clearly visible means of individual identification (such as a name or a number) on the front of their uniforms or helmets (Türkiye, April 2025, para 36).
The Committee recommends that steps be taken to ensure that prison staff are always identifiable, preferably by wearing name tags [or short] identification numbers in a visible manner at all times whilst on duty (Hungary, 2013, para. 49).
The CPT also wishes to emphasise that it is opposed to the wearing of balaclavas by special-purpose forces within penitentiary establishments. The Committee recognises that, for operational and/or security reasons, the wearing of protective helmets may be necessary. However, it should be ensured that subsequent identification of the officers concerned is always possible by the relevant authorities and by prisoners through not only a clearly distinctive badge but also a prominent identification number on each uniform/helmet. In addition, interventions of this type should be videorecorded (e.g. with tactical cameras as part of the equipment of the penitentiary officers concerned) (Ukraine, 2012, para 21).
Further, in the context of border control activities at both land and sea borders, all law enforcement officials or state agents involved should display clearly visible identification numbers or tags on their uniforms. There can be no justification for balaclavas to be systematically worn. Border control activities should also be video recorded to prevent both ill-treatment and false accusations and be systematically monitored. In this regard, the authorities should guarantee the operation of effective and independent monitoring mechanisms for systematically monitoring border control activities (Greece, 2023, para 162).
