Is a new exchange of prisoners possible between Kiev and separatists in Donbass? | Ukraine and Ukrainians: A View from Europe | Dw

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More than a year and a half has passed since the last prisoner exchange between Kiev and pro-Russian separatists from the self-proclaimed “DPR” and “LPR”. During this time, all the attempts of the parties in this direction were unsuccessful. Why has this process come to a standstill and is there any hope of getting it off the ground? This was discussed at the third International Forum on Eastern Ukraine, held by the civil platform CivilMPlus on Friday, November 26.

How many prisoners are there in the “DPR” and “LPR”

Currently, in places of imprisonment in the territories of Donetsk and Luhansk regions not controlled by Kiev, there are, according to official data from Kiev, about 300 military and civilians whom the Ukrainian authorities are seeking to release. Some of them are in serious condition and need immediate medical attention, the roundtable participants said. The relatives of the detainees have not seen their relatives for years and have no opportunity to communicate with them.

During 2014-2020, the Ukrainian government released at least 1,075 people, and the self-proclaimed “DPR” and “LPR” – almost 1,500, said Matilda Bogner, head of the UN Human Rights Monitoring Mission in Ukraine, during the event. According to former prisoners, torture was common on both sides, the UN official added. She drew attention to the fact that the rights of detainees must be respected by all parties to the conflict. At the same time, Bogner stressed that now there are no problems with access to Ukrainian places of detention, while there is no possibility to visit those detained in the self-proclaimed DPR and LPR, allegedly due to restrictions due to the coronavirus pandemic.

OSCE: the ghostly prospect of exchange

Charlotte Relander, coordinator of the humanitarian subgroup of the Trilateral Contact Group from the OSCE, drew attention to the ghostly prospects of the next exchange of prisoners. She said that, despite numerous negotiations between the parties, “the discussion, unfortunately, is not going in the right direction.”

OSCE Mission to Donbass

According to the OSCE representative, the self-proclaimed “DPR” and “LPR” believe that the preliminary exchanges were “incomplete” and also require the Ukrainian side to “purge” before a new exchange. This, they say, is the main obstacle on the part of Ukraine to new exchanges.

We are talking about the closure of criminal cases or the amnesty of previously released prisoners, explains in a commentary DW the chairman of the board of the Ukrainian “Center for Public Freedoms” Oleksandra Matviychuk. But she recalls that within the framework of previous exchanges, for example, five ex-Berkut members accused of executions on the Maidan were released, in respect of whom official Kiev cannot stop criminal proceedings. “The problem is that all these exchange processes are outside the law, these are political decisions. There is no such reason in the Criminal Procedure Code – to close the case, because the person was exchanged, so we must forget everything,” the human rights activist points out.

“All for all” or for health reasons

The OSCE noted that at present the issue of exchange of prisoners is too politicized and it is impossible to resolve it in the near future within the framework of the Minsk agreements. Consequently, the observers call on the parties – instead of applying the “all for all” formula – to implement the voluntary release of the detainees unilaterally.

Charlotte Relander noted that the situation with the coronavirus and the upcoming New Year holidays could be an opportunity to make such a humanitarian gesture. Since there is no talk of a full-fledged release or exchange, the OSCE assured that they are doing everything possible to try to improve the conditions of the prisoners and restore contact with them.

One of the places in Donbass where prisoners were held

One of the places in Donbass where prisoners were held

According to the relatives of the prisoners, at least 20 Ukrainians are now being held in Donbass, they are in critical condition. “It is necessary to help the prisoners to survive until the moment of liberation, whenever it comes,” said Alexandra Matviychuk. She also called on international representatives to assist in the closure of illegal places of detention of prisoners, such as “Izolyatsia” in Donetsk. In total, according to the Ukrainian side, there are more than 160 places of detention in the uncontrolled territories, which worked and are working at the present time. At least 3.5 thousand people passed through them.

Who will release those detained in Crimea and the Russian Federation?

According to the Verkhovna Rada Human Rights Ombudsman Lyudmila Denisova, there are also “450 prisoners who were convicted before the occupation and also expressed a desire to be transferred to serve their sentences in the territory of Ukraine” in the territories not controlled by Kiev in the Donbass. Another 258 people are reported missing. “Regarding Crimea, there are 121 Ukrainian citizens detained, convicted or under investigation. 106 are in Russian prisons, others are in Crimea,” Denisova recalled during the forum.

The issues of prisoners who are in the annexed Crimea and Russia are now not raised at all during the negotiations in the context of the Minsk agreements, but their inclusion in the lists should become a further strategy of the Trilateral Contact Group on the exchange issue, human rights activists point out.

Who can Kiev let go

The official data on the persons held in the “Center for Civil Liberties” is called the tip of the iceberg, since no one knows the real state of affairs. “It’s impossible to fix them. Firstly, relatives do not always turn to the Ukrainian authorities and human rights activists, because they understand that now there are no instruments of influence in this situation. Secondly, they are afraid of harm,” says Oleksandra Matviychuk.

Exchange of prisoners between Kiev and the separatists of the self-proclaimed DPR and LPR, December 2019

Exchange of prisoners between Kiev and the separatists of the self-proclaimed “DPR” and “LPR”, December 2019

According to her, the official data of Kiev on the list of prisoners in the “DPR” and “LPR” are classified, as well as a similar list of persons held by the Ukrainian side. Human rights activists point out that the likely candidates for the exchange from the Ukrainian side are detainees and convicts, both criminal and war crimes. The most famous persons who, perhaps, can apply for an exchange are the former head of the Donetsk prison “Izolyatsia” Denis Kulikovsky and Russian citizen Andrei Kosyak, who was detained in the Luhansk region for alleged espionage, and who was demanded to be released by the separatists, blocking the work of the OSCE.

Zelensky: the list is ready

While the OSCE and the UN are skeptical about the imminent exchange of “all for all” in accordance with the Minsk agreements, President of Ukraine Volodymyr Zelenskyy announced during a press conference on November 26 that he expects to discuss the issue of the exchange of detainees during a meeting between the Presidents of the Russian Federation and the United States, Vladimir Putin. and Joe Biden.

“We have a verified full list, we consider it almost completely fair, although there may be mistakes and miscalculations,” Zelensky said. According to him, this list was handed over to Putin by Turkish President Recep Tayyip Erdogan.

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