Sunday09 March 2025
segodnya.org.ua

"Shame on Ukraine and Georgia": Why former prisoners from our occupied territories are largely overlooked.

In the absence of a clear algorithm and legal regulations, the repatriation of Ukrainians from Russian prisons presents a significant challenge.
"Почему экс-заключенные из оккупированных украинских и грузинских территорий остаются практически без внимания?"

Hundreds of Ukrainian prisoners who found themselves first under occupation and then deported to Russia after the onset of the full-scale invasion face the daunting challenge of returning home once their sentences are completed. Until recently, volunteers provided financial support for travel, food, accommodation, and sometimes medical care for our citizens. However, due to the loss of funding for public organizations, the journey home for the Ukrainians they assisted has turned into a true ordeal. People are left waiting for weeks in the buffer zone at the border until their citizenship is confirmed, after which they must await the so-called "white passport."

"Telegraph" spoke with representatives from the public sector who are concerned about the rights of prisoners.

The Lack of Evacuation Has Led to Severe Consequences

Periodically, media outlets and human rights organizations report on convicted Ukrainians who, against their will, found themselves in Russia and are now unable to return to their homeland. In February, more than a dozen of our compatriots awaited such an opportunity at the Russian-Georgian border, with just as many trying to arrange their documents in the capital of Georgia—Tbilisi. These are prisoners who were serving their sentences in penal institutions in areas that the enemy quickly advanced into before the full-scale invasion. This includes territories in the Zaporizhzhia, Donetsk, Luhansk, Kharkiv, and Kherson regions.

- This is the first experience where correctional institutions found themselves under occupation, which the country encountered in 2014, and the relevant institutions were supposed to draw conclusions, — notes the chairman of the board of the public organization "Defense of Ukrainian Prisoners" Oleg Tsvilyi. – But that did not happen. And when the full-scale invasion began in February 2022, the heads of colonies sought guidance from the State Penitentiary Service of Ukraine (GPSU) on how to act. The leadership was out of reach, and the administration of the institutions had no means to coordinate actions with them. Without this, no one took responsibility for the decision to evacuate, which led to the institutions being seized along with the prisoners. Of course, now the GPSU justifies that they would have gladly evacuated people, but there was no order from the military command.

Regardless, such actions or inactions have led to serious consequences. In particular, the colonies came under shelling, and conditions of detention worsened. Convicts were subjected to abuse and torture by the Russians. Those who joined the ATO or were patriotically inclined suffered the most; it is evident that many of them are no longer alive. Most importantly, there was a deportation of prisoners to Russia (according to the Ministry of Justice, this may involve approximately 3,000 people who were held in 11 institutionsEd.), where people were moved without adhering to sanitary norms, safety requirements, etc. Ukrainians mainly ended up in similar institutions in Volgograd, Rostov, Krasnodar regions, and even Mordovia, — notes Oleg Vladimirovich.

Such forcibly relocated prisoners are "re-sentenced" by the Russians, meaning their sentences are reviewed according to their laws. Afterward, some Ukrainians even receive reduced sentences, but this does not mean they can return home faster than their unfortunate peers. The majority of our compatriots do not have their Ukrainian passports returned by the Russian prison administrations (the Russians might have simply lost them during the transfer or deliberately destroyed them), which automatically classifies them as "illegal immigrants" upon release.

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- Some individuals are placed by the Russians in deportation centers and temporary detention facilities for foreigners after their sentences are completed. They can be held there for months, — says Oleg Tsvilyi. – Some are released directly from prison work, with no money and, in the overwhelming majority of cases, without documents. If a person was in Kerch, for example, where trials are held, they need to obtain a certificate from the migration service to establish their identity in order to move further. This process is not quick, and while waiting, former prisoners need to be accommodated, clothed, and fed. Then there's the question of how to get to the border with Ukraine; tickets also need to be paid for.

- Before the beginning of August 2024, there was a possibility to return released Ukrainians through the "Kolotilovka-Pokrovka" corridor (these crossing points are located in the Belgorod region of the Russian Federation and the Sumy region of Ukraine — Ed.), — says the representative of the NGO Anna Skripka. — After its closure, it was possible to leave through Belarus, but this option only suited former prisoners who had received Russian passports. And for the majority, the route remained through Georgia. Here, people find themselves in the buffer zone between the "Kazbegi" and "Upper Lars" crossing points, waiting for confirmation of identity from the Ukrainian side.

Hundreds of Euros per Person – The Costly Journey Home

Ukrainians seeking to return home are held in a non-residential technical facility at the Russian-Georgian border, which lacks even a toilet. Only recently were two-tier beds and mattresses introduced; prior to that, Ukrainians were sleeping directly on the floor. Activists refer to this waiting place as a disgrace to both Ukraine and Georgia. They also note that after captivity, most prisoners experience serious health issues, which only worsen in such conditions.

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- There have been cases where ambulances were called directly to the "buffer," but in Georgia, this service is paid, and the bills are exorbitant, — says Oleg. — Two people have already died, and we couldn't retrieve the bodies because it was too expensive; they were buried on-site. Once again, local volunteers worked hard to feed people and assist with transportation to Tbilisi since passports can only be processed in the Georgian capital at the Ukrainian embassy. However, discrimination against former prisoners continues here; the Ministry of Foreign Affairs has set a month-long deadline for document processing, unlike other citizens who can obtain their documents in a matter of days. So, if the state cannot expedite the process and give people the "green light" to return to Ukraine, it should allocate funds for their maintenance, but this is not happening.

According to Anna Skripka, the costs of supporting Ukrainians after their release from Russian prisons and their return to Ukraine have been covered solely by the non-governmental sector—public organizations and volunteers. Specifically, on the Georgian side, assistance was provided by the Vokunters Tbilisi organization, whose representatives have been going to the Georgian border with food and essential items since July 2023.

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– On average (though this is a very rough figure), it costs about 750 euros per person; this accounts for the journey from Russia through Georgia and then within Ukraine to their place of residence, — says Anna. — However, the amounts needed in each specific case vary depending on the starting point—meaning in which region of Russia or what territory occupied by the Russian Federation the person was released. Additionally, the presence or absence of documents and physical condition play a significant role. Accordingly, we purchase clothing, medications, phones to keep people connected, pay for passport processing, provide consultations, etc. In total, we have managed to return over 300 Ukrainians in the last two years who were released upon serving their sentences. But for 2025, we have no funding.

Exiting a Russian Prison Does Not Equal Freedom

Representatives of the NGO "Defense of Ukrainian Prisoners" emphasize: the key issue regarding the return of Ukrainians in captivity (both those convicted for crimes committed in Russia prior to the invasion and those who ended up in Russian prisons as a result of deportation from Ukrainian colonies seized by the enemy) is the absence of a procedure. Consequently, there are no individuals responsible for this work or funding sources to support our citizens facing legal issues on their path back home.

– There is a single regulatory act adopted in February 2024 (Order of the Ministry of Internal Affairs No. 471/5/106Ed.), – says Anna Skripka. – This document mandates the State Penitentiary Service to notify the border service about individuals who were in penal institutions and pre-trial detention centers that found themselves in temporarily occupied territories. When such individuals cross the border, they must be handed over to the police. However, if the Russians have reduced the sentence for any of the convicts, in Ukraine, it is considered that they have not served their sentence in accordance with the law and must complete it in prison. This means that our citizens, against their will and due to the lack of a centralized evacuation, were captured, subsequently deported, beaten, and humiliated, and when they finally were released, they managed to reach their country with the help of volunteers, only to face such treatment instead of support.

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And another important point is that former prisoners do not receive any benefits upon returning home. The commission responsible for establishing the fact of deprivation of personal freedom is unwilling to grant prisoners the same status as other Ukrainians captured by the Russians. They argue that since