For three years the war in Ukraine has claimed the lives of nearly 10 thousand people, while another 20 thousand were wounded during the conflict. However, no one counts the victims of sexual aggression from both Pro-Ukrainian and Pro-Russian forces. Humiliation, rape and mutilation of genitals — all this has become routine in secret detention centers and makeshift military bases. Investigation in the framework of the project Zero Impunity.
When Lena* wakes up, she can’t see anything. She wears a blindfold and his hands tied behind his back. 22-year-old girl knows what awaits her, but in the distance hears the noise and screams. Lena seems that it, “probably in the basement.” She wants to drink. Her panic. To such an extent that she starts yelling. Next to the security guard suddenly appears and starts to beat her butt, “until it stops”, and then leaves. The next day of sitting without food and water a young journalist begins to cry again. The guard hits her again. From time to time he grabs her to make the shot. Then she begins to perspire and “lose the sense of time.” In moments of quiet, Lena reflects on the past. And tells himself that he should have listened to friends.
After all, they warned her. Located on the territory of Pro-Russian separatists, Donetsk has been a danger zone for journalist, especially if she is from Kiev. “If nobody else will go, the world will never know what is happening there,” replied she. The yard was in may 2014. Since then, not a day goes by that she doesn’t regret the decision.
Our first conversation with Lena goes through video calling on Skype. This girl with light brown hair went to Ukraine and found refuge in Germany. In the beginning of the conversation, when former prisoner appears on the background of simple white walls, we still know nothing about the story she will tell us. Her room gave us her lawyer, which deals with the protection of other former captives. Of his imprisonment Lena never told in detail, neither the defenders nor the doctors, who considered her case is “quite complicated”. But on 24 October 2016, feeling safe in front of the computer screen, she decides to speak, despite the nervousness.
After a few days in fetters in the basement it gets to the first “interrogation”. When she has the camera find the Maidan (it originated in Kiev protest movement led to the flight of President Yanukovych in early 2014), it becomes even worse. The guards turn into executioners and hit her in the head and in the stomach, not only fists, but also a camera. Their message is clear as day: this is the price of these photos. And again, all this is not enough to get Lena to speak (she especially and have nothing to confess), they brought in another prisoner: “If you don’t answer, leave him!” Each time the beatings continue for two to three hours.
“Several times I lost consciousness”
In addition to beatings, there is also the fear of rape. The first harassment led her into a stupor: “In the chamber of the guards touched my hair, touched me. Sometimes they said, “let’s Go play!” Somehow during the interrogation, one of them undid my blouse and took one hand to my cheek and the other side. I was terrified”.
After about two weeks she wakes up in the morning without blindfolds. The guards come for her and lead her into the unfamiliar room. In the middle of the mattress where stretches one of the chiefs. The soldiers pushed her forward, “Here’s this woman. Have fun”. Lena pleads with them not to touch her. Useless. Three or four of them begin to undress her, “And then they began to rape me. First men in black, the main. Then people in green.” On the other side of the screen, Lena stops, makes a convulsive gulp of water and then tries to calm the breath. When she continues, her story sounds intermittently: “the day there were not less than eight. Several times I lost consciousness. They doused me with buckets of cold water to bring me to life”.
According to her, the men in black were the Russians and the Chechens, whom she recognized the accent. In the green — Ukrainians. “They came and went. Exhaled in my face, the smoke from marijuana, to Wake me up. They laughed, listened to music…” Then it bothers rapists, and they throw her half-naked on the cold floor of an empty room. They bring her food and clothes, but she doesn’t touch her. When they lead her into the room, the sun had already set. The next day Lena free.
But why was it necessary to rape her at the last day? Her memory ran, the words of one of the torturers: “They said nobody wanted to pay for my release, neither the family nor the state. I didn’t have anything that could be of interest to them, no information, no money…” the Guards wanted to force her to “pay” differently? The separatists decided to “break” it before release? To make it so that she comes back with a camera in hand, to tell what is happening on the territory of the militants? The fact that three years later the reporter was only a shadow of its former self.
Sexual aggression during interrogations
What happened with Lena is not an isolated case. The fact that sexual violence in the Ukraine (Kiev for almost three years fighting in the East with Pro-Russian rebels, who receive support from Moscow or, as some claim, was sent to her, although the Russian authorities categorically deny the participation of regular troops) has gone up sharply. According to the report “Untold pain”, which was published in February, the human rights organization “Justice for peace in Donbas” (one of the few who deals with this issue), a third of respondents (for the most part been in captivity soldiers and civilians) talking about sexual aggression. “Violence achieves absolutely unacceptable levels, but the authorities turn a blind eye to them,” — noted in the report.
These manifestations of aggression, most of which falls in the period from spring 2014 to summer of 2015 relate to both men and women, and in some cases, reach extremely the degree of violence. The authors present the stories of two women who struck in the chest with a screwdriver, and the man who was raped with a drill. Threats, forced nudity, electric shocks to the genitals, the mutilation and rape… In war-torn Ukraine the realities of sexual aggression can take many forms. According to our investigation and the first of the reports, most often this happens in a secret prison (the prisons of the military and administrative buildings, occupied houses and factories, schools and basements).
Who are the victims? Fighters, the opposition and those suspected to be sympathetic to the other camp, journalists, ethnic, religious and sexual minorities. Some were simply at the wrong time in the wrong place. And to tell about the incident are solved, very few (especially among men). “For most victims is still too early to talk about it,” explains psychologist Anna Mokrousova of supporting former prisoners NGOs “Blue bird”. She had a chance to talk with more than 300 visited the imprisoned civilians.
According to Anna, which is also threatened with rape in captivity, bearing the imprint of the war the Ukrainian society is not ready to listen to these stories: “it’s Hard to accept those who are injured even stronger than you.” In such circumstances, attention is drawn to only those cases “which says propaganda, not real.”
The fact that the Ukrainian conflict is in the Newspapers almost to the same extent as on the front. In an effort to win the minds of the media of both camps called rape used by the enemy weapons. Pro-Russian and Ukrainian news sites write sexual torture, mass rape and rape of minors with unpleasant illustrations and paid certificates. Widely going through a social network advocacy (particularly from standing in the service of Moscow’s army of trolls) sow hatred and undermines the credibility of the words of these victims. The fact that the fantasy hides the reality, which is hardly in something will give way to the propaganda stories. And while reports of rape to a greater extent from the territory of separatists, on the other side of the front, forces controlled by the Kiev part of Ukraine, too, is a terrible thing.
The pangs of conscience
We are meeting with Vadim* October 7, 2016 in a dark corner of an empty bar near the center of the Ukrainian capital. This shaven-headed and pale, a veteran of the Kiev battalion nervously drinking coffee. To organize the meeting was not so simple: slim Vadim is afraid of revenge his former comrades from the battalion. Although since then it has been almost three years, he still can not recover from what he saw scenes of violence.
The wave of indignation for the Russian annexation of Crimea, he volunteered for the front in the early summer of 2014. After a short stay in too aggressive squad, he joined the battalion “Aydar” (an organization banned in Russia — approx.ed.)with a scandalous reputation, which Amnesty International accuses of atrocities and war crimes. At the time of the volunteer battalions formed the basis of the Ukrainian defence to a greater extent than the army, with its lack of people and weapons, as well as rampant corruption.
“Soldiers returning from the front in a state of shock”
Vadim landed near the city of Happiness in a few kilometers from the front line. This time the war was near. Vadim was assigned to guard the building on the basis of (former police College), where they were held prisoners. There he saw disturbing behavior: “When the soldiers returned from the front, often drunk, they often went down to the basement to “discharge” prisoners”.
He worked as a security guard and helplessly watched the violence. On the other side of the door he heard shouts and the sound of blows. Somehow it got left alone to monitor the building, where he planted the woman considered the sniper of the separatists, because “she was in the hood (woman-sniper — a common myth in the conflicts in the former Soviet Union, which often justifies rape under the guise of revenge). One of the commanders went inside.
Before continuing with the story, a former soldier clears his throat. “A few minutes later I heard a woman shouted: “No! Don’t!” The ensuing sounds left no room for doubt. “I think she was raped”. Vadim saw her the next day and said that “it was difficult for her to walk.”
It’s been two years plagued by pangs of conscience, and he constantly thinks about what could be done to prevent that. That though as-that to throw off the soul of this burden, he is ready to present all the key elements of a story (names, places, details) international court of justice. And Tom should deal not only with abuse of prisoners. In the conflict zone, the pressure on women is especially evident and on posts: as has been reported by several witnesses, the soldiers offered to the women to skip them in exchange for sexual services.
In February 2017, the Office of the UN high Commissioner for human rights released a report on sexual aggression in Ukraine, which cited the case of collective rape of the inhabitant of Donetsk. Fighters of the “Vostok” battalion stopped her at a checkpoint for violation of the curfew: “she was taken by car to the police station that was occupied by the battalion. There her three hours was fitting and raped a few people from the battalion.” The next day she was released.
Prostitution of minors
On Kiev-controlled territory in the Donetsk region in three kilometers from the front line, lies the town of Krasnogorovka. Shattered Windows, torn roof, traces of the path the traces of war are visible everywhere here. Far away is heard the whistle and shooting. Here the soldiers feel at home.
This morning in mid-October of 2016, a group of volunteers came here to bring a little joy into the lives of children. Standing a bit further member of the group Elena Kosinova said in a low voice that the city women forced to offer sexual services to soldiers. In particular, this applies to “single mothers, who are now having very hard” and “girls and women from “bad families” who need not even money, just food.” However, such poverty-driven prostitution takes place “without violence”, as in a hurry to clarify Elena.
On the other end of town we found a 16-year-old Jack. The girl with the faded hair and careful makeup drags on a cigarette and says he does not refers to those who “go to the soldiers.” To describe these sexual relations (as tariff or not) she talks about “love stories” between soldiers and local girls, but she does not want “to participate”. Between puffs she recognizes that three of her friends meet with the soldiers. She heard about 20 other girls her age went to the roadblocks to the soldiers who are constantly looking for “young girls”.
All of this is a consequence of the spread at the front of alcoholism, I’m sure a former FSB officer Ilya Bogdanov, who joined the ranks of the enemy, a paramilitary ultra-nationalist group “Right sector” (an organization banned in Russia — approx.ed.). In this area, which the ex-soldiers (contrasting with his youthful face candor) calls “biological garbage dump”, 13 – and 14-year-old girl drink with the soldiers and often “kiss” with them. “Although they are still children,” adds Ilya. To his knowledge, “the commanders do not say anything”.
The social prohibition
On the Ukrainian side of the border in the front line zones in 2016, the operating condition was only 30%** of the state police. In any event, for girls from Krasnogorovka and most of the victims of sexual aggression in Ukraine, fear of reprisals and shame too strong to apply. Before the conflict the rape victims have already put the stamp. “Here there is a developed culture of prosecution of the victims: it’s your own fault, improperly dressed, drank too much,” says Anastasiya Melnychenko.
She was a victim of sexual assault a few years ago and launched in 2016, the Russian and Ukrainian social media campaign #Aboussafy. Anyway, she came to the disconsolate conclusion: “Here the only way to avoid rape and sexual aggression — not to be born a woman.”
For those who dare to go to the police and filing often turns into a nightmare. The police are themselves implicated in sexual violence, and the accused soldiers and officers put pressure on victims to take their statements.
At the police station on the side of the separatists, no one wanted to do anything for Lena, whose story we told in the beginning of the article. She “gathered all the forces to describe the incident, with the exception of rape,” but the Lieutenant contemptuously dismissed it: “there’s nothing We can do for you.” When she asked for a phone to contact loved ones, she was refused and turned away at the door. It happened in Donetsk in the spring of 2014. Since in these zones, which are officially controlled by the rebels (and unofficially), little has changed. No casualties and little hope for compensation.
In DND and LNR Ukrainian structures no longer work, and gradually give place parallel to law enforcement agencies which are lack of staff and funding, as well as nebula. According to some activists, the current chaos explains the fact that although incidents of violence occur on both sides of the front line, they are still more in the area of separatists. “Territory control only the weapons and criminals, while on the side of Kiev still have the state and the Prosecutor’s office. Torture and sexual violence there are part of the policy of intimidation of the population”, — says the coordinator of the report “untold pain” Vladimir Shcherbachenko. We have been asked about access to the territory of the DNI and LC for the needs of the investigation, however, we were denied.
To be a soldier — a mitigating circumstance
How are things in Kiev-controlled regions? There is less impunity, but the government can not offer victims real prospects of justice. Especially if the tormentors — their own citizens. So it was with a rapist 17-year-old Anna*.
This pale girl and long blond hair considers himself betrayed. We hid from the rain in the car at her student dormitory in the industrial suburb of Kiev. She still could not accept the decision of the judge of the village of Ivankiv (Kyiv region). Two years probation and 100 euros penalty for rape by sodomy. Sodomy is not considered rape according to the Ukrainian law. Stipulated under the criminal code, the punishment is from 3 to 7 years in prison against 7-12 years in the case of rape of minors.
The accused, a military detachment of guards was in that time in the barracks in Mlachivka (native village of Anna, about 100 kilometers North of Kiev), but previously participated in the fighting in the East. In the court’s order of June 10, 2016 number of mitigating circumstances States: “Participation in anti-terrorist operations in the East.” All this means a kind of right of the first night for those in Kiev are heroes. Prosecutors appealed, however, the final decision only affirmed a suspended sentence, while the fine was increased to 3 500 euros.
Anne’s family would like to find the strength for a new appeal. “We were very tired, said her mother in early March. — The daughter is no longer able to endure this trial”. We contacted gave the decision judge October 13, 2016, but he refused to comment on it.
Kiev authorities (at least in February 2016, they have adopted a national plan of action to ensure the safety of women in the conflict zone) is also, apparently, do not show much severity if crimes occur on a covered fighting area. Submitted to the General Prosecutor’s office in November 2016, the statistics speak for themselves: associated with the conflict sexual violence was filed only seven cases, three were closed for lack of evidence. NGO “Justice for peace in Donbas” in turn counted more than 200 victims.
The attorney General’s office told us about the initiation of 7 Feb of one new case against the “soldier squad” for rape.
International justice is powerless
But interested in whether the Ukrainian authorities in a more active investigation? After all, what is happening, apparently, involved their own intelligence agencies. Anyway, this is what follows from the story of a former prisoner of the SBU. In addition, in a recent UN report States that sexual violence as a method of interrogation “often being used against people, especially women, Ukrainian security services (SBU) and the volunteer battalions.”
On the other side of the front intelligence agencies (including Russia) also do not shy away from such methods, as told to us by a former prisoner of the separatists. He speaks of the presence among the commanders of the “members of the FSB” in this place where there was “sexual violence and where is it used prostitutes”.
The process of the battalion “Tornado”
The case of Anna was not the only thing that came to Ukrainian judges. The battalion “Tornado” (an organization banned in Russia — approx.ed.) nearly one-third of whose members had a criminal record at the time of formation in the spring of 2014, was disbanded. Twelve of his soldiers made the allegations of organized crime, torture and sexual aggression. According to the Prosecutor General’s office, they are responsible for bullying at least over ten civilians, two of whom were victims of rape. In particular, two prisoners were “forced to rape a third, who was naked tied to a gymnastic horse,” said military Prosecutor Anatoly Matios on television in June 2015. Another exceptional event was the decision located not far from Lugansk court, which sentenced in the summer of a member of the same battalion to six years for rape.
Will everything be finished? The task is not easy: hearings on the crimes of soldiers of these battalions are often interrupted by demonstrations that organize to exert pressure on judges. Case “Tornado” is no exception. “Nationalist spirit is very strong, — says the coordinator of the NGO “International partnership for human rights” by Simon Papuashvili. In such a situation when a country attacks a neighbor, those who protect the homeland, are perceived as heroes.”
In this actual legal void, the only glimmer of optimism on the horizon becomes international justice. This calculates the young Director Alice. Three years ago she was raped in Kramatorsk man, who introduced himself as a retired Russian officer. We met with her on October 9 in her Kiev apartment.
Rare courage for modern Ukraine: Alice wants to know everything. The girl plans to appeal to the European court of human rights. “If I do this, not from personal revenge, but for the sake of all other girls like me,” she says. Currently, the ECHR is considered 3 thousand complaints of human rights violations in Ukraine, however, none we are not talking about sexual aggression. Alice may be the first. The ECHR has no powers to arrest the perpetrators. At the same time, the victim can obtain compensation.
The international criminal court is the only authority that can impose a sentence war criminals, if those can not judge in their homeland. Alice believes “the only way” big the international process. Other options do not, judging by the state of justice in Ukraine and the inability for authorities to gain access to the separatist regions. But is it a good way, not yet clear. Although Ukraine still has not ratified the Rome Statute of the ICC, there are still empowered to review committed on the territory of the country of the crimes, including in the separatist regions and regardless of the nationality of the alleged perpetrators: Ukrainians, Russians or anyone else. In this perspective, several activists have for months collected testimonies of victims of sexual aggression and began to transfer them to the ICC, which said in a letter of 9 March, which at this stage can not “make factual findings on these cases.”
Anyway, the chance to reach the process are extremely small, especially since the terms are expected to be extremely long: at least ten years before the commencement of the trial. “It will take a lot of time, maybe 10 or 20 years, but if all goes well, we will be able to obtain an order to arrest Vladimir Putin for war crimes and crimes against humanity, says Simon Papuashvili, who already gave the court information about 300 cases of torture in the conflict (excluding sexual violence) and is preparing another 400. But the problem is that Russia is not included in the ICC state is not obliged to cooperate with the court. That is, in the case of issuance of warrants of arrest of Russian citizens Russia will probably refuse to pass them, and the court will have no right to interfere”.
One of the authors of the report “Untold pain” Oleksandr Pavlichenko says Russia is in any case already beginning to cover his tracks as more and more warlords are victims of “mysterious killings”, which are barely veiled maneuvers of Russia to clear the history.” He fears that in a year or two criminals disappear, “and with them and hope to find the truth”.
But Alice did not despair. She decided to act. To break the silence around this violence, she wrote a theatrical performance that was put twice in Ukraine and once in Berlin. She plays the role of the woman prisoner, including the rape scene, where she appears on stage naked. A storm of emotions… And not just for her: “Some of the audience cry when we play. The violence of the war becomes statistics. But here, they feel it directly”.
* Names have been changed to protect these people.
** According to the report “In search of justice”, released in 2016, the Kiev Center for civil liberties.
