‘Russia should release unlawfully detained persons unconditionally’: Dmytro Lubinets

Interview/ Dmytro Lubinets, Ukrainian parliamentary commissioner for human rights

Prisoner exchange has become one of the most sensitive and painful aspects of the Russia-Ukraine war. Unlike the treatment of prisoners of war, there is no established procedure for the exchange of civilians. Ukraine insists that civilians should be released unconditionally, not turned into bargaining chips. Dmytro Lubinets, the Ukrainian parliamentary commissioner for human rights, says Russia is turning human lives into political leverage. Excerpts from an interview:

Could you share the latest figures on prisoner exchanges?

Between February 2022 and August 14 this year, 5,941 persons have been released from Russian captivity through 67 exchanges. These include 5,589 servicepersons and 352 civilians. At present, another stage of the implementation of the Istanbul Agreements on the release and return of prisoners of war is ongoing. All data are regularly updated by the Coordination Headquarters for the Treatment of Prisoners of War, and I take part in its work as the Ukrainian parliamentary commissioner for human rights, along with my colleagues in the security and defence sectors.

How does Russia decide whom to send back? Is there a pattern to who is included on their lists, or is it more about political leverage and pressure on Ukraine?

The issue of list preparation is actively exploited by Russian propaganda to increase tensions within Ukrainian society. Provocative publications, the disclosure of so-called “lists” and allegations that Ukraine refuses to accept its own citizens are primarily directed at vulnerable groups, namely the relatives of prisoners of war and missing persons. These are aimed at destabilising the situation in Ukraine, especially by undermining public trust in the state. Russia’s actions with regard to the return of certain servicepersons or civilians are often driven by considerations of escalating tensions among the families of those held in captivity.

Ukraine has criticised Russia’s practice of unlawfully detaining civilians to build an “exchange fund” of prisoners.

On the one hand, the humanitarian necessity of returning our citizens from captivity is extremely high. Every released person represents a life and a family affected by Russia’s armed aggression. All civilians who have been returned under the latest agreements have serious health problems and require urgent medical assistance. Ukraine cannot leave them in Russian captivity, where new instances of torture and human rights violations continue to be documented. Therefore, the authorities involved in the return of civilians are undertaking all possible measures for their release through negotiations, international initiatives and pressure on the International Committee of the Red Cross.

We are also aware of the danger of encouraging abductions. The systematic use of the exchange mechanism may be perceived by Russia as a signal that by detaining more Ukrainians, it could get more Russians released in exchange. Thus, any formal exchange arrangements risk increasing unlawful detentions, as the aggressor may intensify repressive actions to replenish the so-called “exchange fund”. For this reason, the official position of Ukraine is to seek the unconditional release of civilians and not to allow people to be turned into objects of bargaining.

At the same time, we continue the international information campaign and exert pressure on Russia through the United Nations, the European Union and the Red Cross with the demand to release and return civilians to Ukraine without conditions. I emphasise that enforced disappearances are crimes, and Russia is obliged to release unlawfully detained persons without conditions.