The Ukrainian government officially recognized for the first time at the international level the Russian occupation of the Donbas region in a declaration to the Council of Europe that was published on the council’s website on June 10. Based on this military occupation, the government declares its right to avoid adhering to numerous statutes in the European Human Rights Convention in dealing with captured fighters. The declaration identifies the fighters as regular subunits of the Russian Federation and illegally armed formations of Ukrainian citizens that are led and financed by Russia.
“The Russian Federation, which truly occupied the territories of the Donetsk and Luhansk oblasts and is administering them, is fully responsible for respecting and protecting the rights of people on these territories in conformity with international humanitarian rights and internationally established human rights,” said the declaration, signed by Foreign Affairs Minister Pavlo Klimkin.
The Ukrainian government declared its right to detain suspected criminals arrested in the anti-terrorist operation (ATO) zone without a court ruling for periods that exceed 72 hours but not more than 30 days. The government also declared its authority to conduct a unique regime of pretrial investigations of crimes in the ATO zone, as well as to grant the ability to issue verdicts to courts that are not predetermined by territorial jurisdictions.
Council of Europe Secretary General Thornbjorn Jagland announced receiving the declaration on June 10, when it was registered by the council secretariat, reported pravda.com.ua.
Zenon Zawada: Such measures are long overdue, but that’s in line with the general pace of the slow-moving Ukrainian government. The government needs to take all necessary legal measures to avoid Russian accusations of war crimes, which are sure to be many and many of which are likely to be distorted or exaggerated.