The search for justice for thousands of Ukrainians who have been isolated due to Russian aggression remains one of the most complex challenges of modern times. The legal vacuum, fabricated criminal cases, and complete information blockade by the controlling authorities of the Russian Federation turn the process of returning civilian hostages into a long-lasting struggle. During a specialized forum in Kharkiv, organized by the Office of the Ombudsman of Ukraine together with the UN Agency for Refugees (UNHCR) and the charitable foundation “Right to Protection”, officials, human rights activists, and law enforcement officers outlined the scale of the crisis and tried to coordinate steps for the social adaptation of released citizens.
The event was opened by Olena Sibilyova, a representative of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights in the Kharkiv region, who called on those present to remember the price of peaceful life and emphasized the role of human rights institutions.
“We must say that we have gathered here thanks to our heroes and heroines who give us the opportunity to live, meet, and plan for the future. Today, we will really talk about one of the most complex humanitarian and human rights topics… The Ombudsman’s Office is doing everything possible and impossible to return people here,” she said at the beginning of the meeting.
Specificity of the Front-Line Region
Kharkiv region, due to its geographical location and long experience of partial occupation, has directly faced the problem of mass illegal detentions. The proximity to the front line forces local authorities to develop support programs for victims quickly. Natalia Osadcha, an advisor to the head of the Kharkiv Regional Council, emphasized the importance of consolidating efforts.
“The topic of supporting civilian prisoners is an extremely sensitive topic, and it requires effective joint cooperation from all of us, state institutions, public organizations, and local authorities,” Osadcha said.
The specificity of the region requires the creation of flexible mechanisms that combine the efforts of state institutions, international organizations, and local communities to support the families of hostages. The Kharkiv City Council, through the Department of Veterans’ Policy, is already implementing measures aimed at the comprehensive adaptation of persons returning home. The director of this department, Nikita Sterin, explained the city’s main tasks.
“One of the priority areas of our work in the city council is the adaptation of civilian prisoners and, in general, prisoners who return home. We are trying to make sure that our Ukrainians, our Kharkiv residents… have a full opportunity to return to a normal, full-fledged life,” the head of the department noted.
A priority in this activity is the return of citizens to society, as former prisoners need long-term medical and psychological support.
Scale of Legal Vacuum and Verification: How Many People Are in Captivity
Official statistical data demonstrate the critical scale of violations of international humanitarian law. Currently, information has been recorded about more than 16,000 civilian citizens who have become victims of arbitrary detentions or have disappeared under circumstances related to military actions. The Russian side systematically conceals information about the whereabouts and health status of detained persons.
Through the International Committee of the Red Cross, it has been possible to officially verify (confirm the status of a prisoner) only about eight hundred citizens. The rest of the people are in the status of missing persons under special circumstances, which significantly complicates the legal protection of their interests and the provision of assistance to close relatives.
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Fabricated Court Cases. How They Appear and What to Do with Them
Analysis by human rights organizations allows us to divide detained civilians into several conditional categories, each of which the Russian punitive system uses for different purposes. Some citizens are equated with prisoners of war for the artificial expansion of the exchange fund. Against others, criminal cases are fabricated under articles on espionage, terrorism, or counteraction to the so-called “special military operation”. A third group of persons is held in places of detention without any official charges being brought, which deprives them of even minimal procedural rights.
These criminal cases appear according to clearly worked-out patterns of Russian special services: people are kept in complete isolation for months or even years, after which they are forced to sign confessions or testify against other hostages under pressure and torture. The head of the field office of the UNHCR, Richard Michael Evans, emphasized that future rehabilitation programs must be based on individual testimonies of victims to effectively overcome the consequences of torture and deep psychological trauma.
“During this forum, we will hear direct testimonies from persons deprived of their liberty, and we must build our activities in such a way as to take into account their needs, to help them recover from torture, from ill-treatment, and from the trauma inflicted,” the UN representative noted.
State Status and Financial Assistance to Hostages
Ukrainian legislation offers a clear system of social guarantees for persons in respect of whom the fact of deprivation of personal freedom as a result of armed aggression has been established. According to the relevant Law No. 2010, a special commission under the Ministry of Reintegration of Temporarily Occupied Territories considers applications and officially recognizes the corresponding state status for individuals.
After confirmation of the status, hostages and their relatives receive such assistance:
- Families of people who are still in captivity have the right to annual state financial support in the amount of one hundred thousand hryvnias for each year of captivity;
- Released persons receive one-time financial assistance after returning home;
- Measures of free legal protection, medical rehabilitation, and sanatorium-resort treatment are provided;
- Released civilians have the official right to deferment from mobilization during the period of martial law.
The head of the Kharkiv regional office of the “Right to Protection” foundation, Andriy Tsarytsenko, noted that the proximity of the front line actualizes the need for continuous financial and legal support for each affected family.
“Today, we have gathered, probably, not to talk about mechanisms, coordination, and all that. We have gathered for the sake of people. For the sake of people whom the war has divided, probably, into before and after their lives. The front line is now very close to Kharkiv, unfortunately,” the human rights activist summed up, calling for simplification of bureaucratic procedures for families of hostages.
Factors Influencing the Return of People and Legal Fixation of Crimes
The process of releasing civilian hostages is much more complex than the exchange of prisoners of war, since, according to international law, civilians are generally prohibited from being taken hostage, so the classical mechanisms of “exchange” do not work here legally. The return of people is influenced by a complex of factors: the successes of the Armed Forces of Ukraine on the battlefield (the formation of their own “exchange fund” with captured Russians), the active involvement of third countries as intermediaries, the pressure of international organizations, and diplomatic negotiations.
An important role is also played by the legal fixation of crimes, which proves the systematic actions of the aggressor and helps identify missing persons. A representative of the law enforcement agencies, Spartak Borisenko, cited a striking example of how such cases are fabricated and how the testimonies of released persons help the investigation. He told about the illegal detention of a 70-year-old citizen of the United States in Izium during the occupation of the city in 2022. The man was held in the Balakliya torture chamber for a long time, then deported to the territory of Russia, and only in the fall of 2024, a falsified charge of preparing Ukrainian military personnel was brought against him.
“Although he is 70 years old and has never held a weapon in his hands. And only after his return from captivity, we received this information from Ukrainian civilians that they were tortured and forced to testify against another person, that he allegedly participated in the preparation of them as mercenaries for the war,” the law enforcement officer said.
Timely appeal of victims and witnesses to Ukrainian investigative bodies allows documenting similar criminal algorithms for future international tribunals, which is another lever of influence on the aggressor country.
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