Iryna Didenko, Deputy Head of the Department - Head of the Legal Assistance and Extradition Directorate of the International Cooperation Department of the Office of the Prosecutor General

 

Hybrid war: russia is deliberately and purposefully hunting Ukrainians in third countries on the basis of false accusations. Through its actions, russia is undermining the principles of international law and legal cooperation

The occupation of Crimea,  and subsequently of a large part of Donbas, resulted in the unlawful imprisonment and falsified convictions of thousands of Ukrainian citizens. 

This process has only scaled up since then. We do not even know the exact number of Ukrainian civilians illegally detained in the occupied territories and in russia. We are talking about thousands of our fellow citizens. The problem is that there are no binding mechanisms in international law for the exchange or other options for the return of civilians.

Ukraine is putting a lot of effort into creating and implementing such mechanisms. Last autumn, Prosecutor General Andriy Kostin instructed the Office to  focus on protecting protecting the rights of Ukrainians deprived of their freedom by russian federation. A cluster of international experts at the Prosecutor General's Office (PGO) has been operating on a permanent basis, with its specialists advising prosecutors on best practices for investigating and prosecuting crimes in this category.

As Ukraine conducts investigations, enlists the support of international partners, and does everything possible to stop russian aggression, a new threat has emerged.

 

russia hunts Ukrainians in third countries

The mechanism is based on the same principle of false justice. The so-called russian courts pass sentences on Ukrainian citizens, usually in absentia, on trumped-up charges. Then, on the basis of the verdict, russia officially requests extradition from other countries.

There are several options for submitting such requests. The simplest way is to declare a person wanted in an interstate search, which is carried out by the CIS member states. That is, a Ukrainian citizen convicted in russia on false charges can be detained in a country friendly to the russian federation and then transferred to russia.

In addition, russia can declare an international search and demand extradition on the basis of bilateral treaties with other states. At the same time, Ukrainians are not even aware of such ‘legal proceedings’.

The third way lies through the International Criminal Police Organisation, which unites 195 member states and is better known as Interpol. However, Interpol has a failsafe: the organization checks russian requests. If there is a suspicion that a person is being pursued for no reason, the international search will be refused. But in the case of an ‘ordinary’, common criminal offense, the control function may not work and the so-called ‘red card’ (or Red Notice) may apply to the person.

There is also a risk that a state friendly to russia may itself issue politically motivated verdicts against Ukrainian citizens, declare them wanted and request extradition to third countries. For example, to convict them under ‘neutral’ articles: fraud or drug trafficking. In such a case, other countries may not even suspect the existence of a political agenda.

There are already related cases of our fellow citizens being detained in third countries. Prosecutor General Andriy Kostin keeps the situation under control, because we are fighting for the freedom of every Ukrainian. But the process can be long and complicated.

The most at risk are the members of the military and persons likely to possess confidential or secret information related to the country's defense capability. Also at risk are activists, entrepreneurs, journalists, politicians and other public figures who have a certain recognisability and influence in society.

Strong advice: avoid visiting countries loyal to the russian federation and members of the CIS, as well as requesting the Interpol File Control Commission to verify the existence of a ‘red card’. In case of situations involving restriction of personal freedom (detention, arrest), immediately inform the diplomatic authorities and the Office of the Prosecutor General.

War against rights and order

It is obvious that russia is using all available military, political, diplomatic, economic, cultural, legal, informational and other means to pursue hybrid warfare against Ukraine and the entire Western world.

By hunting people, the kremlin is fulfilling another task: it undermines the foundations of international law and legal co-operation. 

The competent authorities of different countries are working with each other on a regular basis. The Office of the Prosecutor General of Ukraine also receives requests for international legal assistance from other states as well as makes its own requests.

In today's world, crime is increasingly becoming cross-border. To effectively combat cybercrime, terrorism and human trafficking, it is vital for countries to cooperate. Such cooperation is based on mutual respect for the parties, confidence in fair proceedings, in the desire to protect human rights, and in goodwill. 

When a country requests legal assistance (e.g., information on a particular case) or extradition from another country, all parties must be sure that it is a case of true justice and not politically motivated persecution. It is these principles that rf is trying to undermine.

russia's hybrid actions on the legal arena also aim to slow down Ukraine's struggle for justice. False accusations and trials, seeking legal assistance and extradition of Ukrainians convicted in absentia by rf, using friendly countries as a proxy to create the illusion of neutral requests - all these efforts should blur the moral boundaries between aggressor and victim, should equate Ukrainians with the occupiers.

We clearly recognise these threats. Therefore, we appeal to our international colleagues: if you receive a request to detain a citizen of Ukraine, please do not hesitate to contact us. We will quickly provide all the necessary information, so that you can make a well-informed decision. 

The Office of the Prosecutor General of Ukraine actively co-operates with international partners to prosecute criminals. In the last six months alone, extradition procedures have been successfully carried out together with the competent authorities of Poland, the USA, the Czech Republic, Romania and others.

We also appeal to all those involved in advocacy for Ukraine at international platforms - the European Parliament, PACE, NATO Parliamentary Assembly and the OSCE: please address this issue, expose russia's intentions to destroy the international legal aid system, and condemn the shameful practice of abductions and illegal detention.

The terrorist state believes that human rights are nothing but idle words, and that democracy can be destroyed with its own tools. We cannot allow this to happen. russia's hybrid attacks must be stopped.