As we wrote before, in the framework of permanent cooperation with the United Nations’ bodies and officials, our Association sent a submission to the UN Working Group on Enforced or Involuntary Disappearances for the preparation of the relevant Report “Universal criminal jurisdiction in cases of enforced disappearance,” A/HRC/60/CRP.2 published on 20 August.
ARC’s submission, published at UN official web-sources together with that report, stressed that since the beginning of the occupation of the Crimea in 2014 by Russia and till 2021, UN OHCHR has documented 43 cases of enforced disappearances in the peninsula; these mostly took the form of abductions and kidnappings, and the victims consist of 39 men and 4 women.
ARC’s submission added that since the outbreak of the Russian aggression in 2014 and especially after the full-scale invasion in 2022, the practice of enforced disappearances has become one of the most common aggressor’s methods of intimidation of citizens in the temporarily occupied territories of Ukraine.
ARC’s submission reminded of the judgments of the European Court of Human Rights, which established the existence of Russia’s systemic practice regarding human rights violations, including enforced disappearances in Russia-occupied territories.
ARC’s submission pointed to the application by the law enforcement and judicial authorities of Estonia, Spain, Latvia, Lithuania, Germany, Poland, Romania, Slovakia, Sweden, France, etc., of the universal jurisdiction approach regarding the circumstances of Russian aggression and conflict-related enforced disappearances.
ARC added that bilateral agreements have a unique opportunity to additionally regulate aspects of law enforcement cooperation in the format of the implementation of the universal jurisdiction on those issues by European countries.
ARC’s submission pointed out that additional supranational mechanisms should be implemented to eliminate the risks of duplication of cases; counterintelligence protection of the court and trial participants against the aggressor’s encroachments; additional guarantees to victims who received procedural status; exchange of evidence base and assistance in carrying out examinations, etc.
Report A/HRC/60/CRP.2 stressed that the UN Working Group commits to regularly monitor the exercise of universal jurisdiction in cases of enforced disappearance and to systematically include remarks and recommendations concerning this subject in its activities. The Working Group also offers assistance to states on the subject through cooperation and advisory services.
Report A/HRC/60/CRP.2 added also that structural investigations are ongoing in Germany also with regard to crimes committed in Ukraine, especially since the full-scale invasion by Russia on 24 February 2022, which led to the opening of perpetrator-specific investigations.
Report A/HRC/60/CRP.2 reflected the Working Group’s deep concern that, in cases of enforced disappearance, impunity remains rampant. In this regard, it is more necessary than ever for states to double their efforts in holding perpetrators to account for enforced disappearances, including, where appropriate, to exercise universal jurisdiction.
Report A/HRC/60/CRP.2 established that, in cases concerning crimes under international law, including enforced disappearance, resorting to any official capacity as a Head of State, Head of Government, a member of a Government or parliament, an elected representative, or a Government official shall in no case exempt a person from criminal responsibility, nor shall it, in and of itself, constitute a ground for reduction of sentence. Our cooperation with UN bodies on those issues will be continued.
