Empowering survivors

Andriy Kostin, Prosecutor General of UkraineMonday 22 July 2024

In this article, written exclusively for Global Insight, Ukraine’s Prosecutor General describes Ukraine’s victim-centred approach to criminal justice.

Since 24 February 2022, Russia has unleashed a torrent of death and destruction upon Ukrainian cities and citizens. From the onset of Putin’s full-scale invasion, Ukrainian authorities have documented over 128,000 war crimes, including over 12,000 cases of wilful killing of civilians, summary executions and torture of prisoners of war by Russian forces. This is a monstrous number of victims.

Ukraine remains resolute in evolving its justice system – by adopting a human-centred approach to criminal justice. For too long and across many jurisdictions, justice system enhancements have focused primarily on institutional needs – judges, lawyers, prosecutors and bar associations – without fully comprehending the needs of the very people these institutions are built to serve. A human-centred justice system, however, inverts this approach. It prioritises people’s ‘justice needs’, the ways they address their justice problems and the obstacles they encounter.

At the heart of such a system lies the victim-centred approach. It acknowledges the profound trauma and suffering endured by survivors of crime, with lasting psychological, emotional and financial impacts. This is especially true for those suffering from the immense violence Russia has inflicted upon Ukraine.

Ukrainian civilians have borne the brunt of Russia’s barbarity, enduring indiscriminate shelling, missile strikes and other attacks targeting residential areas, hospitals and childcare facilities. The scale and severity of these atrocities are cruelly spotlighted by summary executions such as the Bucha massacre, where mass graves were unearthed, alongside bodies of civilians bearing marks of torture, systematic and deliberate violence, and merciless executions.

Similar horrors have been reported in Irpin, Kharkiv and Mariupol, where civilians have been deliberately targeted, brutalised and slaughtered. The elderly and disabled, already vulnerable, have witnessed great hardships, compounded by limited access to essential medical care and basic services. Women and girls have been subjected to horrific acts of sexual violence, including brutal rape, at the hands of Russian soldiers. Civilians and prisoners of war have suffered torture and inhumane treatment, with gruesome reports of beatings, castrations, electric shocks and verbal abuse. There are reports of unlawful confinement of thousands of civilians in occupied territories.

The deliberate targeting of healthcare, energy infrastructure and education facilities has had catastrophic consequences on the lives and livelihoods of Ukrainian citizens. Attacks on hospitals, schools and other critical infrastructure have caused significant casualties and severely hindered access to essential services, resulting in long-lasting impacts on the health and wellbeing of affected communities. Thousands of Ukrainians, including children, have been abducted and forcibly deported to Russia or Russian-occupied territories, leading to family separations and widespread grief, distress and sorrow. There are no words to describe the suffering and the horror Putin’s war has sown for the people of Ukraine.

Traditionally, justice systems have relegated victims to mere witnesses, with limited involvement in proceedings and little consideration for their needs, often leading to secondary victimisation. The victim-centred approach turns this around by emphasising empathy, support and active participation. Key principles include treating victims with respect and dignity, providing comprehensive information about their rights and the justice process, and ensuring their voices are heard and valued. This approach also advocates for tailored support services, such as counselling, financial assistance and legal aid, to help victims cope with the aftermath of crime. The victim-centred approach prioritises the rights of victims, ensuring their well-being and safety while preventing and responding to sexual exploitation, abuse and harassment. It involves empathetic, individualised and holistic delivery of services, keeping victims informed and involved at every stage, and protecting them from stigmatisation, discrimination, retaliation and re-traumatisation.

In the face of the Russian aggression, the Ukrainian prosecution authorities have encountered an unprecedented number of war crimes and other international crimes. These challenges necessitated urgent changes in criminal proceedings and law enforcement priorities. To this end, on 11 April 2023, the Prosecutor General's Office (PGO) issued Order No 133, establishing the Support Mechanism for Victims and Witnesses of War and other International Crimes. The Support Mechanism ensures that victims and witnesses can fully and effectively participate in criminal proceedings, are protected and receive appropriate support for their recovery.

The Support Mechanism is a robust framework specifically designed to aid victims and witnesses of Russian war crimes throughout the criminal justice process. Central to this mechanism is the support from the Coordination Center for the Support of Victims and Witnesses (CCVW) within the Prosecutor General's Office, complemented by coordinators who seamlessly connect victims, witnesses and prosecutors. The Support Mechanism is further strengthened by an Interagency Working Group that enhances collaboration between government agencies and non-governmental organisations (NGOs), alongside a referral system that integrates the CCVW with law enforcement, ministries and other essential support services.

From the initial report of a criminal offence to the conclusion of the trial, the Support Mechanism ensures that services are rendered with the utmost respect for consent and confidentiality. Coordinators are pivotal in this process, informing victims and witnesses about available assistance, educating them on their rights and facilitating access to legal advice and representation. They provide timely updates on the status of investigations and court proceedings, offer insights into the criminal justice system and deliver counselling to prevent re-victimisation, intimidation and retaliation.

The Support Mechanism also includes referrals to psychological, medical and social services, physical accompaniment in court and specialised services for children, the elderly and the disabled. Comprehensive support is provided for witnesses travelling from different localities, ensuring their participation is as seamless as possible. Victims of serious crimes, particularly those impacted by sexual, gender-based or domestic violence, receive targeted assistance, including help with urgent financial aid applications.

Dedicated premises ensure victims and witnesses are accommodated in secure, confidential and functional environments designed to support their recovery. These facilities include comfortable spaces for psychological healing and play areas for children. Additionally, printed materials outlining victims’ rights and essential information about criminal proceedings are readily accessible, ensuring that all individuals are well-informed and supported throughout their journey for justice.

Ensuring comprehensive support for victims and witnesses is a priority, marked by the implementation of a robust strategy aimed at their assistance. Central to this initiative is the establishment of a comprehensive register of victims and survivors, a critical step towards systematic and organised support.

To enhance accessibility, regional units of the CCVW will be inaugurated in nine frontline regions in 2024, with plans to expand to additional regions by 2025. This expansion ensures that support is readily available where it is most needed. Prosecutors and investigators are undergoing rigorous training programmes focused on human-centred approaches, equipping them with the skills to handle cases with empathy and sensitivity.

Simultaneously, the digitalisation of business processes is underway, streamlining operations and making services more efficient and accessible. A commitment to accessibility and barrier-free environments is also being prioritised in regional prosecutors’ offices, ensuring that all victims and witnesses can access support without hindrance. Ongoing research into the needs of victims is informing these efforts, ensuring that support services are tailored to the actual needs of those affected.

To foster a supportive environment, a comprehensive communication strategy is being developed. This includes educational communication campaigns designed to inform both the public and victims about available support services and the rights of victims and witnesses. These initiatives aim to create a more informed, empathetic and supportive community, ensuring that victims and witnesses receive the respect and assistance they deserve.

Ukraine's dedication to victim-centred justice is part of a larger global movement pioneered by the International Criminal Court (ICC). Under Article 68(3) of the Rome Statute, the ICC has – for international criminal tribunals – set a groundbreaking precedent by incorporating victims into legal proceedings. This commitment to justice is reflected in the extensive efforts of both the Court and its states parties to create an institution that respects the dignity, diversity and specific needs of victims.

The ICC has established a specialised unit to provide crucial protection, support and assistance to victims and witnesses. This includes psychological support, physical protection and a variety of essential measures to ensure their wellbeing. Moreover, the ICC's Trust Fund for Victims (TFV) plays a vital role in delivering reparations and comprehensive support, addressing the physical, psychological and material needs of victims and their families. Operating under dual mandates – reparations and assistance – the TFV offers a wide array of services.

While practical implementation presents obvious and significant challenges, Ukraine needs to embrace this transformative model within its own justice system. By doing so, Ukraine can align its efforts with international standards and significantly enhance its commitment to justice for all victims.

Naturally, Ukraine’s journey to building a human-centred justice system does not end with victim services. The Community Prosecutor project is an initiative designed to create a collaborative framework between the prosecution service, police, community and NGOs to develop effective solutions for community safety. This project, launched as a pilot in Bucha (Kyiv region) and involving the Prosecutor's Offices of Crimea, Lviv and Bolhrad (Odesa region), focuses on addressing critical areas such as general legal education and cybersecurity for youth. Efforts to enhance cooperation with local authorities and NGOs in these pilot communities are currently underway, aiming to build strong, integrated networks supporting community resilience and safety.

The Public Reception at the PGO has undergone significant development. Key enhancements include digitisation, simplification of processes and effective queue management. Cooperation with CCVW coordinators has been strengthened. The premises of the PGO’s Public Reception have been reconstructed and fully equipped to better serve the public. Additionally, a new team has been recruited and trained to handle reception duties, ensuring improved efficiency and service delivery.

Amid the unfathomable evil, the barbarity and the atrocities Russia has unleashed upon our country, we must do everything to preserve our resolve to do good. We must treat our battered, injured, violated and abused citizens with all the empathy and compassion they need, defending and protecting their dignity and wellbeing. For in the face of this ultimate adversity, what other test, what other standard should we hold ourselves against, than our humanity?