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A/HRC/WGAD/2025/34

Opinion No. 34/2025 concerning Viktor Viktorovich Babaiev, Ruslan Volodymyrovich Skrypnik, Mykita Andriyovich Rolya, Oleksii Mykolaiovych Chinchoi, Dmitro Oleksandrovich Mocharny and Danyyl Yvgenyovich Khlopetsky (Russian Federation)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-04-10 · en UN

Opinion; Subjects: RUSSIAN FEDERATION, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.25-06636 (E)

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 102nd session, 1–10 April 2025

Opinion No. 34/2025 concerning Viktor Viktorovich Babaiev, Ruslan

Volodymyrovich Skrypnik, Mykita Andriyovich Rolya, Oleksii

Mykolaiovych Chinchoi, Dmitro Oleksandrovich Mocharny and

Danyyl Yvgenyovich Khlopetsky (Russian Federation)*

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work, 1 on 15 July 2024, the Working Group

transmitted to the Government of the Russian Federation a communication concerning Viktor

Viktorovich Babaiev, Ruslan Volodymyrovich Skrypnik, Mykita Andriyovich Rolya,

Oleksii Mykolaiovych Chinchoi, Dmitro Oleksandrovich Mocharny and Danyyl

Yvgenyovich Khlopetsky. The Government has not replied to the communication. The State

is a party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

* In accordance with paragraph 5 of the Working Group’s methods of work, Ganna Yudkivska could

not participate in the discussion of the case.

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/34

General Assembly

Distr.: General

30 June 2025

Original: English

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(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination, based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1.

Submissions

(a)

Communication from the source

4.

Viktor Viktorovich Babaiev, born on 23 November 1981, is a national of Ukraine. He

was convicted by the Kakhovskiy Interdistrict Court of Kherson Oblast, Ukraine, on 8 May

2020 and was serving a prison sentence in Hola Prystan correctional facility No. 7, Kherson

Oblast, until his arrest by the occupying authorities of the Russian Federation on 3 March

2022.

5.

Ruslan Volodymyrovich Skrypnik, born on 11 December 1984, is a national of

Ukraine. He was convicted by the domestic courts of Ukraine in 2018, sentenced to eight

years of imprisonment and was serving his sentence in Northern correctional facility No. 90,

Kherson Oblast, until his arrest by the occupying authorities of the Russian Federation on

11 May 2022.

6.

Mykita Andriyovich Rolya, born on 17 January 1998, is a national of Ukraine. He was

convicted by the Korabelny District Court o(Mykolaiv, Ukraine) on 2 March 2017 and was

serving a prison sentence in Darivka correctional facility No. 10 (Kherson Oblast) until his

arrest by the occupying authorities of the Russian Federation on 28 February 2022.

7.

Oleksii Mykolaiovych Chinchoi, born on 5 October 1987, is a national of Ukraine. He

was convicted by the domestic courts of Ukraine in 2020, sentenced to four years of

imprisonment and was serving his prison sentence in Darivka correctional facility No. 10

(Kherson Oblast), until his arrest by the occupying authorities of the Russian Federation on

28 February 2022.

8.

Dmitro Oleksandrovich Mocharny, born on 30 August 1996, is a national of Ukraine.

He was convicted by the Surovsky District Court of Odesa, Ukraine, on 22 December 2020

and was serving his prison sentence in Darivka correctional facility No. 10 (Kherson Oblast)

until his arrest by the occupying authorities of the Russian Federation on 28 February 2022.

9.

Danyyl Yvgenyovich Khlopetsky, born on 26 August 2001, is a national of Ukraine.

He was convicted by the domestic courts of Ukraine in 2021, sentenced to four years of

imprisonment and was serving his prison sentence in Darivka correctional facility No. 10

(Kherson Oblast) until his arrest by the occupying authorities of the Russian Federation on

28 February 2022.

(i)

Context

10.

The source submits that at the time of the occupation of Kherson by the Russian

forces, there were 2,225 prisoners detained in penitentiary facilities in the Kherson and

Mykolaiv Oblasts of Ukraine. All penitentiary facilities came under the control of the

occupying armed forces of the Russian Federation and affiliated armed groups.

11.

On 9 November 2022, the occupying authorities of the Russian Federation announced

their retreat from Kherson. Reportedly, in mid-November 2022, prisoners convicted by the

Ukrainian courts who had been serving their sentences in Kherson prisons (correctional

colonies and medical prison facilities) were transferred to penal facilities in the Russian

Federation. The transfer of convicts from Kherson followed a similar forcible transfer of

prisoners of war and civilians by the occupying Russian forces from other regions of Ukraine.

12.

The source affirms that before the transfer to the Russian Federation, over a period of

several months from March 2022, inmates from correctional colonies No. 10 (Darivka),

No. 90 (Kherson) and No. 5 (Snihurivka, Mykolaiv Oblast) were transferred to Hola Prystan

correctional colony No. 7 in Stara Zburivka, approximately 50 km from Kherson. In

November 2022, two weeks before the Russian retreat from Kherson, Russian armed forces

began the transfer of prisoners from Hola Prystan correctional colony No. 7 to the

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Autonomous Republic of Crimea, Ukraine, temporarily occupied by the Russian Federation.

From there, most of the inmates were taken to penal colonies in the Russian Federation,

including in Krasnodar Krai (colonies IK-2, IK-5, IK-11 and IK-14), Volgograd Oblast

(colonies IK-19, IK-26 and medical prison facility LIU-23), Vladimir Oblast, Rostov Oblast

(prison tuberculosis hospital No. 19 and LIU-20) and, allegedly, Sverdlovsk Oblast, as well

as the Republic of Mordovia (colony IK-6).

13.

The transfer was carried out with the involvement of the Russian Federal Penitentiary

Service. Most of the prisoners were subjected to ill-treatment and torture in the remand prison

in Simferopol, Autonomous Republic of Crimea, Ukraine, temporarily occupied by the

Russian Federation, en route for penitentiary facilities in the Russian Federation, and have

been held separately from Russian inmates (or foreigners convicted and serving their

sentences in the Russian Federation). The prisoners allocated to colony IK-19 in Volgograd

Oblast were severely beaten upon arrival.

14.

Prisoners transferred to the Russian Federation were not allowed to contact their

families or other inmates. Some were formally allowed to send letters, but were unable to

pay for postage. Relatives, on the other hand, were unable to get confirmation of the transfers

from the Federal Penitentiary Service. Prisoners allocated to the correctional colonies in

Krasnodar Krai and Volgograd Oblast were denied access to telephones or mobile devices.

15.

According to the source, the purpose of the transfer of prisoners from Kherson to the

Russian Federation remains unclear. Some of the prisoners had been persistently offered

Russian citizenship and even to join the ranks of the Wagner Group, an unincorporated

military formation that had been recruiting inmates from Russian (or Russian-controlled)

penitentiary facilities between February 2022 and February 2023.

16.

The source states that on 11 November 2022, the building of the Kherson pretrial

detention centre was set on fire by the occupying Russian forces in an attempt to destroy the

evidence of torture of civilians and prisoners that allegedly took place there.

17.

There have been attempts by the Russian authorities to legalize the transfers. On

31 July 2023, the Russian authorities adopted a federal law (No. 395-FZ), which proclaimed

a retrospective extension of Russian criminal jurisdiction over the occupied Ukrainian

Oblasts of Donetsk, Kherson, Luhansk and Zaporizhzhia, with respect to all crimes

committed there both before and after the occupation (sect. 2 (1)). In addition, under section

8, the new law provides that the Russian Federation acknowledges the legal force of all

judicial decisions delivered in the annexed territories that entered into force before

30 September 2022, including the part concerning the execution of sentences.

18.

The newly adopted law echoes a similar legislative exercise undertaken by the Russian

authorities in 2014, following the annexation of the Autonomous Republic of Crimea,

Ukraine, temporarily occupied by the Russian Federation. Thus, Federal Law No. 91-FZ of

5 May 2014 “On application of the provisions of the Criminal and Criminal Procedural Codes

of the Russian Federation in the territory of Crimea and the federal city of Sevastopol”,

provided for the retroactive extension of Russian criminal jurisdiction to the territory of the

Autonomous Republic of Crimea, Ukraine, temporarily occupied by the Russian Federation,

in respect of crimes committed there before 18 March 2014. With that legislation, the Russian

authorities also acknowledged the binding legal force of criminal judgments delivered by the

Ukrainian courts before 18 March 2014, including for the purpose of the execution of

sentences (section 8 of the Federal law) and subsequently launched numerous proceedings

for the “conversion” of sentences in respect of prisoners detained in the Autonomous

Republic of Crimea, Ukraine, temporarily occupied by the Russian Federation, pursuant to

criminal judgments handed down by the Ukrainian courts.

19.

According to the source, similar proceedings on the so-called conversion of sentences

were launched in respect of prisoners forcibly transferred from Kherson. It appears that this

procedure was applied mostly in respect of prisoners whose terms of imprisonment imposed

by the Ukrainian courts were soon to end. The so-called conversion proceedings were

opened, and the relevant decisions were delivered by the Kerch “Town Court” – a district

level “tribunal” operating in Kerch in the Autonomous Republic of Crimea, Ukraine,

temporarily occupied by the Russian Federation.

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20.

The source reports that to date it has identified around 120 so-called conversion cases

opened against prisoners transferred from Kherson. In most of them, the conversion was

made several weeks before the expiry of the sentences imposed by the Ukrainian courts (or

the sentence was slightly reduced). In some cases, however, inmates were left in detention

for considerable periods (several months or years) after the conversion of their sentences.

Some of these decisions (and presumably others, yet to be identified) were delivered before

the adoption of Federal Law No. 395-FZ and omitted any explanation as to the domestic legal

grounds for the exercise of Russian jurisdiction over the prisoners transferred from Ukraine.

The source notes that while Federal Law No. 395-FZ has not yet been enforced against the

six individuals that are the alleged victims of the present communication, it is highly probable

that it will be applied to them in the future.

(ii)

Arrests and detention

Mr. Babaiev

21.

Mr. Babaiev was convicted by the Kakhovskiy Interdistrict Court of Ukraine on

8 May 2020 and served his sentence in Hola Prystan correctional facility No. 7 (Stara

Zburivka, Kherson Oblast). On 3 March 2022 the correctional facility came under the control

of the occupying authorities of the Russian Federation. No later than 1 May 2022, the

remaining staff of the correctional facility was replaced by officers of the Russian Federal

Penitentiary Service. The occupying authorities of the Russian Federation began to transfer

inmates from other correctional institutions of the Kherson and Mykolaiv Oblasts to Hola

Prystan correctional facility No. 7, which led to severe overcrowding and shortages of food

and medicine. Prisoners with “open” forms of tuberculosis were kept together with healthy

inmates. On 14 June 2022, inmates were allegedly subjected to mass beatings by Russian

special forces.

22.

From 3 November 2022, the occupying authorities of the Russian Federation began

to transfer inmates from Hola Prystan correctional facility No. 7 to the Russian Federation.

The prisoners were transferred by vans in groups of 200–300 people. They were first taken

to the Simferopol pretrial detention centre No. 2 (a seven-hour journey), where they spent

the night, and in the morning were taken further, to pretrial detention and correctional

colonies in the Russian Federation. Mr. Babaiev was taken from Hola Prystan correctional

colony No. 7 between 3 and 7 November 2022, transferred to the Simferopol pretrial

detention centre and from there transferred to correctional colony IK-14 in Krasnodar (a

15-hour journey), where he is presently detained on no legal grounds.

Mr. Skrypnik

23.

Mr. Skrypnik was convicted by the domestic courts of Ukraine in 2018, sentenced to

eight years’ imprisonment and served his sentence in Northern correctional facility No. 90

(Kherson). On 11 May 2022, the facility came under the full control of the occupying

authorities of the Russian Federation. Inmates were used as labour in the construction of

fortifications. In October 2022, Mr. Skrypnik, along with other inmates from Northern

correctional facility No. 90, was transferred to Hola Prystan correctional facility No. 7 (Stara

Zburivka, Kherson Oblast).

24.

From 3 November 2022, the occupying authorities of the Russian Federation began

to transfer inmates from Hola Prystan correctional facility No. 7 to the Autonomous Republic

of Crimea, Ukraine, temporarily occupied by the Russian Federation, and from there to the

Russian Federation. Mr. Skrypnik was reportedly taken from Hola Prystan correctional

colony No. 7 between 3 and 7 November 2022, transferred to the Simferopol pretrial

detention centre and from there transferred to correctional colony IK-5 in Krasnodar Krai (a

15-hour journey), where he is presently detained on no legal grounds.

Mr. Rolya and Mr. Chinchoi

25.

Mr. Rolya was convicted by the Korabelny District Court of Mykolaiv, Ukraine, on

2 March 2017. Mr. Chinchoi was convicted by the domestic courts of Ukraine in 2020 and

sentenced to four years in prison. The two men served their prison sentences in Darivka

correctional facility No. 10 (Kherson Oblast). The facility came under the control of the

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occupying Russian forces on 28 February 2022. In mid-May 2022, the occupying authorities

of the Russian Federation began to use the colony to house their military personnel and

military vehicle repair depots, and transferred all the inmates, including Mr. Rolya and

Mr. Chinchoi, to Hola Prystan correctional facility No. 7 (Stara Zburivka, Kherson Oblast).

26.

From 3 November 2022, the occupying authorities of the Russian Federation began

to transfer inmates from Hola Prystan correctional facility No. 7 to the Autonomous Republic

of Crimea, Ukraine, temporarily occupied by the Russian Federation, and from there to the

Russian Federation. Mr. Rolya and Mr. Chinchoi were reportedly, taken from Hola Prystan

correctional colony No. 7 between 3 and 7 November 2022 and transferred to the Simferopol

pretrial detention centre. From there, they were transferred to correctional colonies in the

Russian Federation (a 15-hour journey): Mr. Rolya to IK-2 and Mr. Chinchoi to IK-11, both

in Krasnodar Krai, where they are presently detained on no legal grounds.

Mr. Mocharny and Mr. Khlopetsky

27.

Mr. Mocharny was convicted by the Surovsky District Court of Odesa, Ukraine, on

22 December 2020. Mr Khlopetsky was convicted by the domestic courts of Ukraine in 2021

and sentenced to four years’ imprisonment. Both men served their prison sentences in

Darivka correctional facility No. 10 (Kherson Oblast). The facility came under the control of

the occupying authorities of the Russian Federation on 28 February 2022. In mid-May 2022,

the occupying Russian authorities started to use the colony to house their military personnel

and military vehicle repair depots, and transferred all the inmates, including Mr. Mocharny

and Mr. Khlopetsky, to Hola Prystan correctional facility No. 7 (Kherson Oblast).

28.

From 3 November 2022, the occupying forces of the Russian Federation began to

transfer inmates from Hola Prystan correctional facility No. 7 to the Autonomous Republic

of Crimea, Ukraine, temporarily occupied by the Russian Federation, and from there to the

Russian Federation. Mr. Mocharny and Mr. Khlopetsky were reportedly in a group of

prisoners taken first to a remand prison in Krasnodar (a 15-hour journey). They and other

prisoners were allegedly subjected to a mass strip search and put in overcrowded cells in the

Krasnodar remand prison. After five hours, they were taken to correctional colony IK-19 in

Surovikino, Volgograd Oblast. The prisoners transferred from Kherson were put in two large

dormitories, with windows covered with metal sheets. Mr. Mocharny is presently detained in

colony IK-19 on no legal grounds. Mr. Khlopetsky was later transferred to a medical

correctional facility, LIU-15, in Volgograd. He is presently detained, either in colony IK-19

or medical correctional facility LIU-15, on no legal grounds.

29.

On 4 November 2022, the Ukrainian authorities opened an investigation into the

forcible transfer of civilian prisoners from the Kherson and Mykolaiv Oblasts by the

occupying armed forces of the Russian Federation to the Autonomous Republic of Crimea,

Ukraine, temporarily occupied by the Russian Federation, and to the Russian Federation. On

4 July 2023, a former head of Northern correctional facility No. 90 was charged with a

number of criminal offences, including one of giving an order to commit violations of the

laws and customs of war, which consisted in the deportation and relocation without consent

and with the use of coercion of protected persons from Kherson Oblast to the Russian

Federation and to the territory of Ukraine temporarily occupied. On 19 October 2023, he was

convicted in absentia of defection and on 20 February 2024, he was additionally convicted

of State treason. A similar criminal notification of suspicion was brought against a former

head of correctional colony No. 7 in Hola Prystan. The investigation into the forcible transfer

is ongoing. Over 100 prisoners have been formally given victim status in those criminal

proceedings.

30.

The source notes that the situation of the forcible transfer of prisoners from Kherson

was highlighted by the Office of the United Nations High Commissioner for Human Rights

(OHCHR) in its report of 2023 on the detention of civilians in the context of the armed attack

by the Russian Federation against Ukraine2 and in its report on the human rights situation in

2 See OHCHR, Detention of Civilians in the Context of the Armed Attack by the Russian Federation

against Ukraine, 24 February 2022–23 May 2023 (June 2023), para. 80.

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Ukraine.3 Commenting on the forcible transfer of prisoners from Kherson, OHCHR recalled

that international humanitarian law prohibits forcible transfers and deportations, and only

permits evacuation in strict circumstances if the security of the population or imperative

military reasons so demand. 4 International humanitarian law also requires an occupying

power to return any evacuated persons back to their homes as soon as conditions permit

(article 49 of the Geneva Convention relative to the Protection of Civilian Persons in Time

of War (Fourth Geneva Convention)). OHCHR further noted the difficulties related to the

lack of valid travel documents for prisoners to return to Ukraine from the Russian Federation

after their release, as they fall under the category of people for whom the State Migration

Service of Ukraine does not issue certificates of return.5

(iii)

Legal analysis

31.

The source submits that the cases of the six individuals fall under category I and

category V.

32.

As a preliminary matter, the source asserts that the detention of convicted prisoners in

Kherson by the occupying forces and their subsequent transfer to and detention in the Russian

Federation occurred in the context of the armed conflict in Ukraine. Therefore, it entails the

applicability of international humanitarian law to the situation of their detention, in particular,

the Fourth Geneva Convention, which, by virtue of its article 2, shall apply “to all cases of

partial or total occupation of the territory of a High Contracting Party”.

33.

The source asserts that all prisoners convicted by the Ukrainian courts who served

their sentences at the moment of occupation of the Kherson Oblast by Russian forces

(including the six alleged victims on whose behalf the present submission is made) fall under

the category of “protected persons” under article 4 of the Fourth Geneva Convention, as

persons “who at a given moment and in any manner whatsoever, find themselves, in case of

a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which

they are not nationals”.

34.

According to the source, on the matter of geographical distribution and transfer of

convicted prisoners, article 76 of the Fourth Geneva Convention provides that protected

persons accused of offences shall be detained in the occupied country, and if convicted they

shall serve their sentences therein. While this provision refers to the convictions and

sentences delivered by the Occupying Power, as a general principle it appears to be a fortiori

applicable to prisoners sentenced and imprisoned by the authorities of the occupied country.

It is especially evident if article 76 is read in conjunction with article 49, on which, as

explained by the International Committee of the Red Cross (ICRC) in its commentary of

1958, it is based and which lays down “the fundamental principle forbidding deportations”.

35.

According to ICRC in its 1958 commentary on article 49, “the prohibition (contained

in article 49) is absolute and allows of no exceptions, apart from those stipulated in

paragraph 2”, namely, “evacuation of an area by the Occupying Power”. However, the

occupying authorities of the Russian Federation have never explained the forcible transfer of

prisoners from Kherson to the Russian Federation as necessitated by evacuation or for safety

and security reasons. The actions of the occupying Russian forces during their retreat from

Kherson, such as the release of pretrial detainees and convicted prisoners sentenced to life

imprisonment, as well as the burning of the remand prison in Kherson, further refute the idea

of evacuation as a potential motive behind the prisoners’ transfer.

36.

The source argues that the forcible transfer/deportation of the six individuals does not

meet the criteria for a legitimate “evacuation” under article 49 of the Fourth Geneva

Convention for several reasons: the transfer was not carried out in the face of an unexpected

and imperative military need; the transfer appears to have been planned in advance, rather

than being a response to an urgent situation; the implementation of the transfer occurred in

an atmosphere resembling “terror” and was not carried out in a manner conducive to the

3 OHCHR, “Report on the human rights situation in Ukraine, 1 February to 31 July 2023” (October

2023), paras. 95–97.

4 Ibid., para. 97.

5 Ibid., para. 95

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eventual return of the six individuals (as well as the entire group of civilian prisoners in

Kherson). 6 Moreover, it appears that the Russian authorities have never informed the

Protecting Power (and in its absence ICRC) of the transfer, as required under article 49 of the

Convention.

37.

Furthermore, the transfer of prisoners does not fall within the scope of subjecting the

population of the occupied territory to provisions which are essential to enable the Occupying

Power to fulfil its obligations under the Convention envisaged in article 64 of the Convention;

thus, no justification has been put forward by the occupying authorities of the Russian

Federation, nor can any circumstances be identified which would indicate a need for them to

“subject the population … to provisions which are essential to fulfil their obligations under

the Convention”.

38.

The source asserts that according to article 64 of the Convention, the penal laws of

the occupied territory (in the present case, Ukraine) should remain in force and are still

applicable to the individuals who have been transferred. The continuing detention of the

prisoners by the occupying authorities of the Russian Federation has no legal grounds, in

view of the “severance” of the causal link between their conviction and their detention – first

under the Russian occupation in Ukraine and then in the Russian Federation – following their

transfer, due to the de facto enforcement of the sentence outside the Ukrainian legal

framework.

39.

The source adds that the detention of the six individuals in the Russian Federation

and, before that, in regions of Ukraine temporarily occupied by the Russian Federation could

not be further classified as internment from the standpoint of the Convention. Thus, under

article 42 of the Convention: “The internment of protected persons may be ordered only if

the security of the Detaining Power makes it absolutely necessary.”

40.

The source argues that no security-related grounds necessitating the detention exist or

have been ever invoked by the Russian authorities. Moreover, as demonstrated by the

conversion decisions of the so-called Kerch Town Court (see above), the domestic authorities

have never linked the continuing detention of Ukrainian prisoners with the military conflict

or any security considerations. As follows from the domestic judgments and from Federal

Law No. 395-FZ, the Russian authorities formally base the detention of the Ukrainian

detainees who were transferred either on them having committed crimes/being convicted in

Ukraine or on them having allegedly breached Russian immigration rules (in cases of

immigration detention taking place after the expiry of the sentences imposed by the Ukrainian

courts).

41.

The source notes that, apparently, none of the transferred prisoners requested

voluntary internment (see paragraph 2 of article 42 of the Fourth Geneva Convention).

Finally, no internment decisions were taken by the Russian authorities in accordance with

article 43 of the Convention and neither were the transferred detainees provided with habeas

corpus guarantees, as required under article 43.

42.

Given that there are no valid legal grounds for the continued detention of Ukrainian

civilians in the Russian Federation and in the absence of legitimate security concerns or

national interests that would justify their detention, the source submits that the six individuals

should be granted the unrestricted right to leave the Russian Federation in accordance with

article 35 of the Convention. The source asserts that the Government of the Russian

Federation is obligated to establish a formal process for handling applications to leave the

country, including an appeals mechanism for those whose requests are denied, to prevent

arbitrary decision-making.7

43.

It is further incumbent on the Russian authorities to ensure that, as stipulated under

article 36 of the Convention, such departures be carried out in satisfactory conditions as

regards safety, hygiene, sanitation and food. While detained in the Russian Federation, the

6 Trial Chamber I of the International Tribunal for the Former Yugoslavia, Prosecutor v. Radislav

Krstić, Judgment, 2 August 2001, paras. 524–527; Prosecutor v. Blagojević and Jokić, Judgment,

17 January 2005, paras. 598 and 599; Prosecutor v. Mladen Naletilic, aka “Tuta” and Vinko

Martinovic, aka “Stela”, Judgment, 31 March 2003, paras. 512–571.

7 See ICRC 1958 commentary on article 35 of the Convention.

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safety and security of the Ukrainian prisoners is additionally guaranteed under article 37 of

the Convention, which provides for their right to humane treatment during confinement.

Finally, if not immediately, then at least after being released from correctional facilities, the

Ukrainian detainees shall have the right to ask to freely leave the territory of the Russian

Federation.8

a.

Category I

44.

The source submits that, from the moment when the correctional facilities of the

Kherson Oblast came under Russian occupation, the detention of all the prisoners held in the

Kherson Oblast, including the six individuals, became arbitrary and unlawful under

international human rights law (article 9 of the Universal Declaration of Human Rights and

article 9 (1) and (2) of the Covenant). The situation was exacerbated by the inhuman

treatment of the detainees, including prolonged transfers, to which the prisoners were

subjected, a lack of judicial control over their detention after the occupation, denial of their

communication with the outside world and, in particular, with their families.9

45.

All prisoners transferred from Kherson, including the six individuals, were detained

solely on the basis of the criminal judgments delivered by the Ukrainian courts before the

armed conflict. Occupation of the correctional facilities of the Kherson Oblast on the

rendered their detention unlawful, as the occupying forces of the Russian Federation had no

grounds for the continued detention of convicted prisoners. Similarly, the forcible transfer of

the prisoners to the Russian Federation and their detention in penitentiary facilities there also

lacks any legal grounds and therefore amounts to arbitrary detention.

46.

The source recalls the Working Group’s position that deprivation of liberty must have

a legal basis consistent with international human rights standards – not merely national laws.

The authorities must invoke a legal basis consistent with international human rights standards

and apply it to the circumstances of the case.10 In its opinion No. 50/2014, the Working Group

affirmed that international humanitarian law and human rights law apply during armed

conflicts and situations of occupation, with limited derogations. It emphasized that the

prohibition of arbitrary detention is a jus cogens norm, allowing no derogation, and that

international humanitarian law must comply with this prohibition.11

47.

The source contends that none of the six individuals were formally arrested and

presented with arrest warrants by the occupying forces of the Russian Federation.

Furthermore, at no point were they brought before a judicial or other authority to authorize

their arrest or detention in accordance with Russian law. The only legal basis for the detention

of the six individuals were criminal judgments from Ukrainian courts issued before the start

of the armed conflict in February 2022. Following the occupation of the Kherson Oblast and

its correctional facilities, the occupying authorities of the Russian Federation had no legal

grounds for enforcing those judgments. The occupying authorities of the Russian Federation

did not invoke any legal grounds for the detention of the six individuals or the other 2,000

inmates from Kherson. Consequently, the detention of the six individuals violated articles 3

and 9 of the Universal Declaration of Human Rights and article 9 (1) and (3) of the Covenant.

48.

The six individuals were not at any time informed of the reasons for their arrest and

the criminal charges against them, in violation of article 9 (2) of the Covenant, and were not

granted an opportunity to challenge the legality of their detention (art. 9 (4) of the Covenant).

49.

The source recalls that the Working Group has consistently held that incommunicado

detention violates a person’s right to challenge the legality of their detention before a judicial

authority. 12 This principle applies to the case of the six individuals, who were denied

communication with family, friends and third-State representatives (given the lack of

8 Article 37, para. 2, of the Convention.

9 Principles 1, 2, 4, 15, 16 and 19 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment and rules 58 and 62 (3) of the United Nations Standard Minimum

Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

10 Opinion No. 6/2020, para. 39.

11 Paras. 62–67.

12 See opinion No. 35/2018.

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9

diplomatic ties between Ukraine and the Russian Federation). Such treatment contravenes

rules 58 and 62 (3) of the Nelson Mandela Rules, which guarantee detainees the right to

communicate with the outside world. The denial of such fundamental rights further supports

the conclusion that the detention of the six individuals was arbitrary.

50.

The source argues that the Human Rights Committee’s recently adopted Views on the

communication concerning three Ukrainian detainees, Roman Bratsylo, Valery Golovko and

Sergey Konyukhov are relevant and applicable to the situation of the Kherson prisoners.13

That case pertained to the forced naturalization (imposition of citizenship) and detention of

Ukrainian prisoners in the Autonomous Republic of Crimea, Ukraine, temporarily occupied

by the Russian Federation, and their transfer to the Russian Federation.

51.

The source argues that, as pointed out by the Human Rights Committee in the Views

mentioned above, there was no international agreement that would have allowed the Russian

Federation to prosecute the authors or to execute decisions of Ukrainian courts.14

52.

In view of these findings by the Human Rights Committee, the source reiterates its

position that the detention of the six individuals became and remained arbitrary (under

categories I and V) from the moment the occupying authorities of the Russian Federation

took control of the facilities where they were held and began the de facto execution of the

Ukrainian criminal judgments against them. That arbitrary detention continued throughout

their subsequent transfer to the Russian Federation.

53.

The source asserts that the Russian authorities have adopted Federal Law No. 395-FZ,

which retroactively extends Russian criminal jurisdiction over the Ukrainian oblasts of

Donetsk, Kherson, Luhansk and Zaporizhzhia temporarily occupied by the Russian

Federation. This law applies to all crimes committed in the oblasts mentioned, both before

and after the occupation. The provisions of this law, specifically sections 2 and 8, are identical

to those in Federal Law No. 91-FZ, which was adopted in 2014 following the annexation of

the Autonomous Republic of Crimea, Ukraine, temporarily occupied by the Russian

Federation. The Human Rights Committee has previously ruled that the Law No. 91-FZ

contradicts the Russian Criminal Code and violates article 15 of the Covenant, leading to

arbitrary detention and conviction.

54.

In view of the identical nature of the provisions of the new Russian law governing

criminal jurisdiction in the territories of Ukraine occupied in 2022 (Law No. 395-FZ), the

source asserts that it paves the way for similar violations. While Federal Law No. 395-FZ has

not yet been applied to the six individuals concerned (namely, the sentences delivered against

them by the Ukrainian courts were not formally converted under Russian law), such

considerations are nevertheless relevant for the examination of their cases, as they

demonstrate that Federal Law No. 395-FZ cannot in any way “legalize” the detention of the

six individuals.

55.

The source further emphasizes that in its Views on the communication concerning

Messrs. Bratsylo, Golovko and Konyukhov, the Human Rights Committee recognized the

authors’ status of “protected persons” under the Fourth Geneva Convention.15 Given that the

factual and legal situation in which the six individuals who are the subject of the present

communication is similar to that of Messrs. Bratsylo, Golovko and Konyukhov, the source

reiterates that the six individuals concerned also enjoy the status of “protected persons” under

Convention and the guarantees associated with it.

56.

In the case mentioned above, the Human Rights Committee referred to articles 65 and

67 of the Fourth Geneva Convention, as additional relevant legal provisions stipulating the

principle of non-retroactivity of the penal law (breached in that case).16 The source believes

that, in this context, the Working Group is not prevented from assessing the arbitrariness of

the detention of the six individuals from the standpoint of the Convention and, specifically,

its articles 35, 36, 42, 43, 49, 64 and 76. The source argues that the Russian authorities do

not and cannot justify or explain the continued detention and transfer of the six individuals

13 See CCPR/C/140/D/3022/2017.

14 Ibid., para. 8.4

15 Ibid., paras. 8.6 and 8.18.

16 Ibid., para. 8.6.

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from the standpoint of the Convention and that, moreover, their detention and transfer

directly contradict articles 49 and 76 of the Convention, contributing to its arbitrariness under

category I.

b.

Category V

57.

The source asserts that the detention of the six individuals is discriminatory based on

their national and ethnic origin as Ukrainians. The Russian authorities have not provided any

justification for the occupation of the correctional facilities in Kherson Oblast or the mass

transfer and continued detention of the Ukrainian prisoners. The lack of formal authorization

for their detention and transfer, incommunicado detention and lack of access to the courts

indicate that the six individuals, as part of a larger group of Ukrainian prisoners, have been

treated differently from prisoners convicted by the Russian courts and serving sentences in

Russian facilities. That differential treatment on the basis of national and ethnic origin

amounts to discriminatory detention under category V.

58.

The source recalls that in its Views on the communication concerning

Messrs. Bratsylo, Golovko and Konyukhov, the Human rights Committee found that the

forced imposition of Russian citizenship on the authors and their subsequent transfer from

the Autonomous Republic of Crimea, Ukraine, temporarily occupied by the Russian

Federation, to serve their sentences in the Russian Federation violated their rights under the

Covenant. 17 Specifically, the Committee determined that these actions disregarded the

authors’ ties to their homeland and their status as protected persons under the Fourth Geneva

Convention. The Committee concluded that the transfer was disproportionate and

discriminatory, in breach of article 26 of the Covenant. The source considers these findings

directly relevant and applicable to the situation of the six individuals who were similarly

discriminated against on the basis of their nationality and their protected status under the

Convention.

(b)

Additional information received from the source

59.

On 31 July 2024 and in March 2025, the source reported that the sentences of

Mr. Babaiev, Mr. Skrypnik and Mr. Rolya had been “converted” under Russian law in

September and October 2024 and that Mr. Skrypnik, Mr. Rolya and Mr. Chinchoi had been

released at around the same time.

(c)

Response from the Government

60.

On 15 July 2024, the Working Group transmitted the allegations from the source to

the Government of the Russian Federation under its regular communications procedure. The

Working Group requested the Government to provide by 16 September 2024 detailed

information on the situation of the six individuals, clarifying the legal and factual grounds

for their detention and explaining how they were compatible with the obligations of the

Russian Federation under international human rights law and, in particular, the treaties

ratified by the State.

61.

The Working Group regrets that the Government has not submitted a response or

requested an extension in accordance with paragraph 16 of the Working Group’s methods of

work.

2.

Discussion

62.

In the absence of a response from the Government, the Working Group has decided

to render the present opinion, in conformity with paragraph 15 of its methods of work.

63.

In determining whether the detention of Mr. Babaiev, Mr. Skrypnik, Mr. Rolya,

Mr. Chinchoi, Mr. Mocharny and Mr. Khlopetsky was arbitrary, the Working Group has

regard to the principles established in its jurisprudence to deal with evidentiary issues. If the

source has established a prima facie case for breach of international requirements constituting

arbitrary detention, the burden of proof should be understood to rest upon the Government if

17 Ibid., para. 8.18.

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GE.25-06636

11

it wishes to refute the allegations. In the present case, the Government has chosen not to

challenge the prima facie credible allegations made by the source.

64.

At the outset, the Working Group notes that Mr. Skrypnik, Mr. Rolya and

Mr. Chinchoi were released in September and October 2024. Nonetheless, given the serious

nature of the allegations, the Working Group has determined that it will consider the case in

accordance with paragraph 17 (a) of its methods of work.

65.

As a further preliminary issue, the Working Group notes that international human

rights law, including the Covenant, continues to apply during times of armed conflict in

parallel to international humanitarian law. The only limitation on this is with the exception

of guarantees derogated from, provided such derogations have been declared in accordance

with article 4 of the Covenant by the State Party. The Human Rights Committee has held this

position on multiple occasions.18 The International Court of Justice has also taken the same

position.19 For its part, the Working Group has reiterated this position repeatedly, including

in its deliberation No. 8, in which it stated that as a matter of principle, the application of

international humanitarian law to an international or non-international armed conflict does

not exclude the application of human rights law. The two bodies of law are complementary

and not mutually exclusive.20

66.

The Working Group expanded on this in its 2011 thematic report on the application

of the international instruments on human rights to situations of armed conflict, stating that

norms of international human rights law protecting individuals against arbitrary detention

should be complied with by Governments even during periods of armed conflict and noting

the similar positions adopted by the General Assembly and ICRC.21

67.

In line with that legal position, the Working Group removed a provision from its

original methods of work that limited its ability to address allegations of arbitrary detention

that arose in the context of international armed conflicts. 22 Since then, it has addressed

allegations of arbitrary detention in armed conflict in numerous opinions.23

68.

On this basis, and noting that the Russian Federation has not explained to the Working

Group that it has derogated from its obligations under the Covenant in a manner that would

affect the present allegations, the Working Group will assess the alleged arbitrariness of the

detention of the six individuals.

a.

Category I

69.

The Working Group will first consider whether there have been violations under

category I, which concerns deprivation of liberty without legal basis.

70.

According to the source, although the detainees were convicted and sentenced at

various times prior to 2022, the detention of the six detainees became arbitrary from the

moment when the correctional facilities in the Kherson Oblast came under Russian

occupation in March 2022. The Working Group notes that the Government has elected not

to address this issue.

71.

Article 9 (1) of the Covenant requires, inter alia, that no one shall be deprived of his

liberty except on such grounds and in accordance with such procedure as are established by

law. This means that procedures for carrying out legally authorized deprivation of liberty

should be established by law and States Parties should ensure compliance with them,

including by specifying when a warrant is required. Article 9 (2) of the Covenant states that

18 General comments No. 29 (2001), para. 3, No. 31 (2004), para. 11, and No. 35 (2014), para. 64.

19 Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226; and

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory

Opinion, I.C.J. Reports 2004, p. 136.

20 Deliberation No. 8 (E/CN.4/2006/7, sect. II).

21 A/HRC/16/47, paras. 37–51.

22 Compare the methods of work in 1993 (E/CN.4/1993/24, annex IV, para. 16) with the present

methods of work adopted in 2017 (A/HRC/36/38).

23 See, for example, opinions No. 10/2013, paras. 28 and 29; No. 3/2016, paras. 16 and 20; No. 53/2016,

paras. 42 and 51; No. 52/2020, para. 75; No. 68/2020, para. 59; and No. 62/2021, para. 35.

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12

GE.25-06636

anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest

and shall be promptly informed of any charges against him.

72.

In relation to the source’s argument that the detainees were detained solely on the

basis of the criminal judgments delivered by the Ukrainian courts before the armed conflict

and there was no basis for the continued detention following the Russian occupation, the

Working Group notes that no provision of international human rights law or international

humanitarian law provides that pre-existing convictions and sentences are automatically

annulled on the takeover of a territory by an occupying force. In particular, the source has

not pointed to any facet of article 9 of the Covenant that requires automatic release of

individuals serving pre-existing sentences simply because an occupying force takes control

of an area. Noting that the source acknowledges that the detainees had been convicted

pursuant to criminal judgments by Ukrainian courts, issued before the start of the armed

conflict in February 2022, and sentenced to periods of between four and eight years of

imprisonment, no violation of article 9 has been demonstrated in relation to the fact that the

individuals were detained at the time that the occupying forces of the Russian Federation

took control of the area where their prisons were located.

73.

To the extent that international humanitarian law is applicable, the source has not

shown that the automatic release of all persons serving sentences for pre-existing convictions

is required. On the contrary, the occupying force, while assuming responsibility for ensuring

the continuation of regular civilian activities, may only enact new laws to the extent necessary

to ensure security in the occupied territory and for limited other exceptional reasons, in

accordance with article 64 of the Fourth Geneva Convention. Article 64 provides that the

penal laws of the occupied territory (in this case, Ukraine) should remain in force and are still

applicable to the detained individuals, with limited exceptions for provisions which are

essential to enable the Occupying Power to fulfil its obligations under the present

Convention, to maintain the orderly government of the territory, and to ensure the security of

the Occupying Power, of the members and property of the occupying forces or

administration, and likewise of the establishments and lines of communication used by them.

74.

Consequently, there was a legal basis for the detention of the six individuals when

they were first detained in Ukraine and at the time of the takeover of Kherson by the

occupying authorities of the Russian Federation. The fact that the Russian Federation took

control of the region in which the individuals were detained did not automatically render their

detention arbitrary.

75.

In relation to the basis for the deprivation of liberty of the detainees, the source also

argues that none of the alleged victims were formally arrested and presented with arrest

warrants by the occupying forces of the Russian Federation when they took over the territory.

The Government does not address this argument.

76.

Again, noting that the detainees had been arrested long before the occupying forces

of the Russian Federation took over the territory and had been tried and convicted before the

occupation, the right to notification of the reasons for arrest and the nature of the charges is

not relevant in the present instance. Similarly, the source’s arguments that the detainees were

not informed of the reasons for their arrest, nor brought promptly before a judicial officer

when first detained, to verify that there was a proper basis for their arrests, relate to their

initial arrests by the Ukrainian authorities and do not apply to the period after they were

convicted and sentenced in Ukraine. Consequently, the Working Group cannot discern a

violation under category I by the Government of the Russian Federation concerning their

detention in these specific respects.

77.

While no violation has been shown in the preceding respects, in the light of the Human

Rights Committee’s findings regarding the communication concerning Messrs. Bratsylo,

Golovko and Konyukhov, the transfer of the detainees, incommunicado detention and the

conversion of their sentences are separate issues addressed below.24

24 CCPR/C/140/D/3022/2017, para. 8.6.

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13

Incommunicado detention, transfer to the Russian Federation and sentence conversion

78.

The source submits that, following the takeover of Kherson by the Russian Federation,

the detainees were held incommunicado for large proportions of their captivity, including

when they were transferred from Ukraine to the Russian Federation. It submits that this

impeded their ability to challenge the legality of their detention. The Government has chosen

not to respond to this allegation.

79.

The Working Group recalls that holding persons incommunicado may undermine the

right under article 9 of the Covenant to challenge the lawfulness of the detention before a

court. Pursuant to article 9 (4), anyone who is deprived of his liberty by arrest or detention

shall be entitled to take proceedings before a court, in order that that court may decide without

delay on the lawfulness of his detention and order his release if the detention is not lawful.

Judicial oversight of detention is a fundamental safeguard of personal liberty and is essential

in ensuring that detention has a legal basis. Moreover, prohibiting contact with the outside

world may violate rule 58 of the Nelson Mandela Rules and principles 15, 16 (1) and 19 of

the Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment.

80.

Noting the lack of a response from the Russian Government, the Working Group

considers that these circumstances demonstrate that the incommunicado nature of the

detention was contrary to rule 58 of the Nelson Mandela Rules and principles 15, 16 (1) and

19 of the Body of Principles for the Protection of All Persons under Any Form of Detention

or Imprisonment. The Working Group further notes that, in the present case, article 9 (4) of

the Covenant is relevant, as although the trials of the detainees had already occurred, they

were brought under a new legal regime when they were transferred by the occupying power

to its own territory. Consequently, their incommunicado detention violated their right to

challenge their detention under article 9 (4) of the Covenant and principles 11 (1) and 32 of

the Body of Principles.

81.

As referred to above, the source makes additional arguments concerning the transfer

of the prisoners from Ukraine to the Russian Federation via other areas of Ukraine. In

mid-November 2022, during the retreat of the occupying forces of the Russian Federation

from Kherson, prisoners convicted by the Ukrainian courts who had been serving their

sentences in Kherson prisons were transferred to penal facilities in the Russian Federation.

The Government has chosen not to respond to these allegations.

82.

The Working Group notes that, according to rule 59 of the Nelson Mandela Rules,

prisoners shall be allocated, to the extent possible, to prisons close to their homes or their

places of social rehabilitation. The Working Group itself has decried the detention of persons

in remote locations. Such remote detention can impede access to family visits,25 potentially

impede access to legal assistance and undermine the ability to challenge detention under

article 9 (4) of the Covenant. Consequently, the transfer of the detainees from Ukraine to the

Russian Federation was not conducted in accordance with international human rights law.

Moreover, to the extent that international humanitarian law applies to civilians who have

been detained for reasons unconnected to the conflict, it would also not permit their transfer.

Instead, article 76 of the Fourth Geneva Convention that protected persons accused of

offences shall be detained in the occupied country and if convicted shall serve their sentences

therein. That protection is consistent with the fundamental principle forbidding

deportations.26 The Russian authorities have not provided any explanation or cited a legal

basis for the transfer of the detainees to Russian territory. Noting the deleterious impact on

the detainees’ rights that the transfer to a foreign country has created, particularly their right

to challenge the basis for their detention under article 9 (4) of the Covenant on having been

moved to a new jurisdiction, the Working Group considers that the transfer exacerbated the

arbitrariness of their detention under category I, as already established in paragraphs 78–80

above.

83.

In relation to Mr. Babaiev, Mr. Skrypnik and Mr. Rolya, the Working Group has been

informed that their sentences were “converted” under Russian law. The source argues that

25 Opinions No. 5/2021, para. 66; and No. 5/2023, para. 85.

26 Commentary of 1958 on article 76.

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GE.25-06636

this was improperly imposed and that they were not provided with a hearing before a judge.

The Government has not addressed this argument.

84.

The Working Group considers that the Government has not explained how the law

under which the sentences were converted is consistent with human rights law, nor its

application to persons in Ukraine. Further, it has not justified the retroactive application of

the conversions. Under human rights law, the principle of non-retroactivity applies, as set out

in article 15 of the Covenant, among other instruments. Under international humanitarian

law, when an occupying power brings into effect new legal regimes applicable to civilians

under its control, those new legal provisions can only relate to the purposes specified in

article 64 of the Fourth Geneva Convention and they cannot be applied retroactively, as set

out in articles 65 and 67 of the Convention.

85.

On that basis and noting that the detainees were not properly able to contest the

application of the conversion law to their circumstances, the Working Group considers that

the conversion of their sentences under Russian law violated their rights under articles 9 and

15 of the Covenant and articles 9 and 11 (2) of the Universal Declaration of Human Rights,

which further rendered their detention arbitrary under category I.

86.

In relation to the other three individuals, Federal Law No. 395-FZ has not yet been

applied (namely, the sentences delivered against them by the Ukrainian courts were not

formally converted under Russian law) as far as the Working Group is aware. Consequently,

the Working Group enters no finding in this respect.

87.

In the light of the above, the Working Group concludes that the deprivation of liberty

of the six individuals is arbitrary under category I.

b.

Category V

88.

The source submits that the detention of the six individuals falls under category V of

arbitrary detention, as it is discriminatory based on their national and ethnic origin as

Ukrainians. The Government has not addressed this submission.

89.

The Working Group notes the source’s uncontested submission that, as part of a large

group of Ukrainian prisoners, the six individuals have been treated differently from prisoners

convicted by the Russian courts and serving sentences in Russian facilities, in particular due

to their transfer to and detention in a country other than Ukraine, where they were convicted

and sentenced. The Working Group further notes their incommunicado detention and the lack

of access to the courts in the Russian Federation to challenge the basis for their detention in

another country. The Working Group also notes that other human rights bodies have

determined that prisoners being transferred from Ukrainian to Russian territory have

similarly been discriminated against, as was held, for example, by the Human Rights

Committee with regard to Messrs. Bratsylo, Golovko and Konyukhov.27

90.

Based on the targeted differential treatment of the six individuals, which fits within a

larger pattern directed against Ukrainian detainees, the Working Group concludes that their

ongoing detention is discriminatory in nature on the basis of their nationality, in breach of

articles 2 (1) and 26 of the Covenant.

c.

Concluding remarks

91.

The Working Group notes the source’s submission that the detainees may have been

severely mistreated, in a manner amounting to torture. In the location where Mr. Babaiev was

serving his sentence, the prisons were overcrowded, food and medicine were in short supply

and the detainees were subject to deteriorating health conditions. Mr. Skrypnik, together with

other inmates in Northern correctional facility No. 90 (Kherson) also experienced degrading

treatment, as inmates were reportedly used as labour in the construction of fortifications by

the occupying authorities of the Russian Federation.

92.

The Working Group reminds the Government of the Russian Federation of its

obligation under article 10 (1) of the Covenant and rules 1, 12 and 21 of the Nelson Mandela

27 CCPR/C/140/D/3022/2017, para. 8.18.

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15

Rules that all persons deprived of their liberty must be treated with humanity. Moreover, it

notes the country’s ongoing obligations under the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment and the importance of the Russian

Federation ceasing to engage in the torture of detainees and investigating and punishing

incidents of torture of detainees.

3.

Disposition

93.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Viktor Viktorovich Babaiev, Ruslan Volodymyrovich

Skrypnik, Mykita Andriyovich Rolya, Oleksii Mykolaiovych Chinchoi, Dmitro

Oleksandrovich Mocharny and Danyyl Yvgenyovich Khlopetsky, being in

contravention of article 9 of the Universal Declaration of Human Rights (and

article 11 (2) in relation to Viktor Viktorovich Babaiev, Ruslan Volodymyrovich

Skrypnik and Mykita Andriyovich Rolya) and article 9 of the International Covenant

on Civil and Political Rights (and article 15 in relation to Viktor Viktorovich Babaiev,

Ruslan Volodymyrovich Skrypnik and Mykita Andriyovich Rolya) is arbitrary and

falls within category I.

The deprivation of liberty of Viktor Viktorovich Babaiev, Ruslan Volodymyrovich

Skrypnik, Mykita Andriyovich Rolya, Oleksii Mykolaiovych Chinchoi, Dmitro

Oleksandrovich Mocharny and Danyyl Yvgenyovich Khlopetsky is also in

contravention of articles 2 and 7 of the Universal Declaration of Human Rights and

articles 2 (1) and 26 of the International Covenant on Civil and Political Rights and

falls within category V.

94.

The Working Group requests the Government of the Russian Federation to take the

steps necessary to remedy the situations of Mr. Babaiev, Mr. Skrypnik, Mr. Rolya,

Mr. Chinchoi, Mr. Mocharny and Mr. Khlopetsky without delay and bring them into

conformity with the relevant international norms, including those set out in the Universal

Declaration of Human Rights and the International Covenant on Civil and Political Rights.

95.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Babaiev, Mr. Mocharny and

Mr. Khlopetsky immediately and accord them and Mr. Skrypnik, Mr. Rolya and

Mr. Chinchoi an enforceable right to compensation and other reparations, in accordance with

international law.

96.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Mr. Babaiev, Mr. Skrypnik, Mr. Rolya, Mr. Chinchoi, Mr. Mocharny and Mr. Khlopetsky,

and to take appropriate measures against those responsible for the violation of their rights.

97.

The Working Group requests the Government to bring its laws into conformity with

the recommendations made in the present opinion and with its obligations under international

human rights law.

98.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

99.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Babaiev, Mr. Mocharny and Mr. Khlopetsky have been released

and, if so, on what date;

(b)

Whether compensation or other reparations have been made to the six

individuals;

(c)

Whether an investigation has been conducted into the violation of the rights of

the six individuals and, if so, the outcome of the investigation;

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(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of the Russian Federation with its international obligations

in line with the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

100.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

101.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as of any failure to take action.

102.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.28

[Adopted on 10 April 2025]

28 Human Rights Council resolution 51/8, paras. 6 and 9.