In cooperation with Clooney Foundation for Justice (CFJ) Truth Hounds have sent a submission to the German Federal prosecutor’s office requesting an investigation into the torture and murder of civilians in Kharkiv region under the principle of universal jurisdiction. The case is focused on the commanders of Russian ground forces who unlawfully detained, tortured, and executed three men in the Kharkiv region during their occupation of the area. After considering the request, the German prosecutor’s office can initiate an investigation into the case.
In order to form the evidence base and identify the criminals, Truth Hounds carried out field missions in the Kharkiv region, documented the testimonies of eyewitnesses and conducted OSINT analysis. Bellingcat and the Global Legal Action Network were also involved in data verification.
“Due to the unprecedented scale of war crimes in Ukraine as well as overload and the limits of mandate of national law enforcement agencies, in Truth Hounds we believe criminal proceeding, once opened by Germany, will significantly contribute to the wider justice initiatives for survivors”, said Maryna Slobodianiuk, Head of investigation Department of Truth Hounds.
If German authorities find the evidence presented by The Docket against specific perpetrators convincing, they can open a criminal investigation and issue arrest warrants for the suspects, which would enable their arrest, extradition, and prosecution. The arrest warrants can be enforced in countries outside of Germany through the Europol and Interpol systems.
In addition to Truth Hounds and CFJ joint submission on the killings of civilians in Kharkiv region, the Docket (CFJ) team filed complaints to the German Prosecutor’s Office regarding indiscriminate attack on civilian infrastructure in Odesa, as well as torture, and murder in Kyiv region. In Germany, the survivors and families will be represented by a renowned German lawyer, Natalie von Wistinghausen as well as by The Docket’s lawyers.
“We represent survivors of torture, as well as families of people who had been executed or killed in indiscriminate attacks,” said Anna Neistat, Legal Director of The Docket. “These Ukrainians have suffered unthinkable violence, but now they are no longer victims—they chose to fight for justice, and we will be with them every step of the way.”
The principle of universal jurisdiction was formally implemented after the World War II for a number of international crimes, including war crimes. It was listed in the Geneva Conventions of 1949, which define the rules of warfare. Conventions give states the right to prosecute any person, regardless of their nationality or the place where the crime was committed, for committing international crimes.