Argentina to Consider Ukrainian Case
“It is important for us to show that crimes have no borders and Russian criminals must be caught everywhere.”
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Russian Security Official to be Tried for Torture
During the occupation of Kharkiv region, the accused ordered and participated in the detention and torture of local residents.
Tuesday, 7 May ‘24
This week’s overview of key events and links to essential reading.
The Reckoning Project (TRP), an initiative of Ukrainian and international journalists and lawyers documenting war crimes – which IWPR supported for its first year of operation - has filed a criminal lawsuit with the Federal Court of Argentina on April 15 together with a Ukrainian civilian tortured by Russian forces. His name is currently withheld for security reasons.
TRP co-founder and director of the Public Interest Journalism Lab Nataliya Gumenyuk, who accompanied the victim on the trip to Argentina, told IWPR’s Olga Golovina why they were pursuing the course of universal jurisdiction.
What can you tell us about the case and how evidence was gathered?
Nataliya Gumenyuk: This involves a male civilian who was tortured during the occupation and subjected to electric shocks. We can't divulge much about him. In our project, we collected almost 400 testimonies of people who witnessed or became victims of war crimes in Ukraine; hundreds were subjected to torture during the occupation. His case is one of many.
Regarding this case, we have the circumstantial evidence of other people who were in the same room. But this case was important to us, because this person has not yet testified to the Ukrainian prosecutor's office. We try to reach those people who do not cooperate with domestic law enforcement agencies.
There are quite a few countries with universal jurisdiction. Why did you choose Argentina?
This is the first ever Ukrainian torture lawsuit filed in Argentina. The constitution of Argentina, on the basis of universal jurisdiction, allows courts to consider international crimes, in particular crimes against humanity and war crimes, regardless of where they were committed.
This country has a unique experience in considering cases related to torture and, in particular, the use of electric currents. Russia is trying to drown us in its crimes, overloading the Ukrainian law enforcement system, so we are asking the world to help. And it is also important for us to show that crimes have no borders and Russian criminals must be caught everywhere. Opening a case on another continent can tell the world that this is not just a war somewhere far away in Europe.
On the eve of the filing of the lawsuit, we published materials about torture and crimes of the Russian Federation in the Argentine mass media, arranged lectures and film screenings of films about war crimes. We met with key organisations, lawyers, judges, journalists here.
On the other hand, it was important to show that our team consists mainly of Ukrainian journalists, international journalists and analysts. Legally, it is an international team. We have Syrian lawyer We always look at war crimes in the context of world perception. It is important for us to show that this crime is not only a European matter, it is not only a European issue and cannot be tolerated by anyone.
How long can an investigation last if a judge opens a case?
The investigation can take years and we understand that. Even in Ukraine, cases with more evidence last more than a year.
We discussed every step with the victim. He is ready for the duration of this process, he feels responsible for other tortured people. He has the moral strength to testify, to recall the torture again and again. I am very grateful to him for these efforts, for his strength. It is very difficult, because a person would often like to just forget what happened.
We had the opportunity to talk with Argentinian victims of the junta's crimes in the 70s, and our victim also had the opportunity to talk with them, as we are working on a documentary. I know that they inspired him, answered some of his questions - how to live with [the trauma], how to fight. Therefore, in my opinion, the legal process itself is a success, because it can also inspire someone and make them believe that if you don't give up and you are not alone, there is a chance for justice.
What does success look like in such a case?
Opening the case itself is a great achievement. Not everyone can publicly talk about torture and terrible experiences, [and it is positive] when a criminal case is opened, when there is publicity in the media, when society sees that there is strong evidence.
Russia does not have a visa regime with Argentina. Many Russians choose to live in Argentina. Among them are those who are fleeing the Putin regime and those who have committed war crimes. Criminals should know that the world is not open to them and they will not be able to move freely as long as there is an international arrest warrant or open criminal proceedings.
How can journalists be useful in drawing the world's attention to war crimes in Ukraine?
If there were no journalists, then Bucha, Mariupol, Kherson, Izyum - would we and the whole world know about these crimes? However, there is a flip side. If journalists cover war crimes incorrectly, they can harm, re-traumatise, disclose private or secret information, interfere with the investigation, make a mistake in the description of their material. This can spoil the case. But in general, we sincerely believe that the story told is of great importance.
The Ukrainian victim communicated with Norma Morandini, a writer, journalist and politician from Argentina. Her 20-year-old brother Nestor and sister Cristina were kidnapped in Buenos Aires in 1977 during the military dictatorship. Norma immediately left Argentina. She returned to her homeland only in the mid-80s. As a journalist, she wrote materials from the well-known trial of the military junta. At the court hearings, during the testimony about the torture and murder, she never imagined her brother and sister amongst the tortured. Such was the protective mechanism of her psyche. Much later, she learned that her family had been sent to ESMA, a secret torture prison in the building of the former Argentine Navy School of Mechanics. Those tortured were sent on so-called death flights - their bodies were thrown from the plane into the sea. Norma did not tell her mother about the fate of the kidnapped brother and sister. However, it turned out that her mother knew, but also did not tell her relatives about it.
Norma Morandini, during one conversation with us, said that trials are important, but in general, in the long run, it is very important that other stories - books, films, reports - are also written, filmed, told - to preserve the truth. Trials happen when there is evidence. But not all cases have evidence. It may be that a person went missing, his body was never found, and it is not known how he died, and a crime was committed. Therefore, if history is not recorded, there will be no memory of a person.
