This is an important precedent — UNIAN

A citizen of Ukraine, who survived terrible torture at the hands of the Russian occupiers, appealed to the court of Argentina to punish the invaders. This is the first such lawsuit in this country, but it is very important.

As Reuters reports, the prosecutor’s office of Ukraine is now overloaded with a large number of similar cases, so the lawsuit in question is an unusual attempt to punish the Russians for war crimes.

From the materials published for the first time, it follows that several people are involved in the torture, some of whom the victim knows by name and surname. It is noted that they illegally detained a Ukrainian and interrogated him in the “electric chair” in mid-late 2022.

The man asked Reuters not to give his name because he fears for his family, which is still in the occupied part of Ukraine. He filed the corresponding legal complaint in the Federal Court of Buenos Aires on Monday, the document includes specific people who asked him.

“They detained me at work. Then they interrogated me. They gave me electric shocks. It was incredibly painful, so I lost consciousness. I’m lucky to have survived. Many people are still there,” he told Reuters in Buenos Aires before filing the lawsuit.

Reuters notes that the Ukrainian’s legal complaint contains approximately 70 pages. The documents were shown to journalists, lawyers and members of the Ukrainian non-governmental organization The Reckoning Project. The complaint includes the testimony of other people who were in the same prison (probably a pre-trial detention center). These charges confirm the conclusions of United Nations experts about the systematic Russian practice of torture in places of detention.

The mourning says that wires were attached to the man’s ear and finger to conduct an electric current through the body. He and other Ukrainians were kept in cells with an area of ​​10 square meters, 12-20 people in each room.

The chief legal adviser on this case, Ibrahim Olabi, said that the man was interrogated and questioned for approximately 20 days. Then he was released without being charged, and he managed to escape to the unoccupied territory of Ukraine.

“The legal team of this person asked not to disclose details in the case materials that could identify this person, the exact place and time of the described events, as well as the identities of the described criminals, citing concerns for the safety of this person and the fairness of the trial,” the publication writes.

Now the Argentinian court must decide whether to “take up the case”, which could potentially last several months. By this time, the victim’s statement will not be made public.

Why this claim is important

If the Argentine prosecutor’s office accepts the complaint, it will be the first case about Russian war crimes in Ukraine initiated outside of Europe and the United States.

“Today’s lawsuit is an important historical step. We will do everything in our power to help the Argentine judicial system in its pursuit of truth and justice,” said Yury Belousov, head of the war crimes department of the General Prosecutor’s Office of Ukraine.

He said that the use of universal jurisdiction is crucial for Ukraine, given the large number of cases related to probable war crimes, which created “an unprecedented challenge for our justice system.” According to Belousov, the Prosecutor’s Office of Ukraine has registered more than 126,000 war crimes cases since the Russian invasion – from the end of February 2022.

As Reuters explains, after the landmark trials of the leaders of the former military junta in the 1980s and early 2000s, Argentina became one of the world leaders in universal jurisdiction. Applying this principle, they can initiate cases of crimes against humanity and war crimes committed in other countries, even if the victims and criminals have no connection with Argentina.

Iva Vukusich, an expert in international law from Utrecht University, notes that universal jurisdiction “signals” criminals: crimes are expensive, and they will never be able to travel freely again. They will not be able to cross the border without asking: “What will happen on the other side?”

Last year, the UN commission of inquiry found that Russia’s use of torture in areas under its control was widespread and systematic. Experts found that torture was used mainly in detention centers run by the occupiers.

The publication says that Argentina previously took on cases from Spain, Yemen and Myanmar. Argentine prosecutors have issued arrest warrants, although they have little chance of help if local authorities refuse to cooperate.

“TSN” published a video in which the specified Ukrainian talks about the horrors he had to endure. The man says that with his lawsuit he wants to inspire other victims of torture, including those who are still in captivity.

Co-founder of The Reckoning Project Natalya Gumenyuk explained that Argentina was chosen because, first of all, it is legally possible. Secondly, this country has experience in investigating cases involving torture, in particular, electrocution.

“The very fact of the opening of the case shows that the crime has no borders. Especially, such a crime as torture.

As UNIAN reported, the human rights organization Human Rights Watch estimated the number of civilians killed during the fighting in Mariupol to be at least 8,000 people. 14 attacks by the Russian occupiers were documented in detail, as a result of which 18 surrendered were damaged or destroyed, resulting in the deaths and injuries of civilians.

These include attacks that damaged two hospitals, the City Drama Theater, a food warehouse, a humanitarian aid distribution point, a supermarket, and residential buildings. At the same time, the total number of dead can be much higher: in some graves there are several bodies, and some remains were most likely buried under the ruins. Some relatives of the missing are still looking for their loved ones.

Thousands of people were injured, many of whom lost limbs, vision, hearing or memory, including as a result of craniocerebral injuries caused by explosions.

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