“International humanitarian law prohibits the establishment of tribunals solely to try prisoners of war, and deliberately depriving a prisoner of war of the right to a fair and regular trial amounts to a war crime,” Shamdasani said.
In this regard, he recalled that persons entitled to prisoner of war status enjoy “combatant immunity” and cannot be prosecuted for having participated in hostilities, even if such acts would constitute a crime under domestic law.
“No sentence or punishment can be handed down against them unless it is handed down by an impartial and regularly constituted court,” the spokeswoman, who insisted that prisoners of war have “the right to due process and a fair trial.” “If this continues, the Russian Federation would be responsible,” she said.
Shamdasani also said she was concerned that Ukrainian prisoners of war have been held without access to independent observers, which she says exposes them “to the risk of being tortured to extract a confession.”
Along the same lines, he highlighted public statements by Russian officials and members of affiliated armed groups, who described Ukrainian prisoners as “war criminals”, “Nazis” and “terrorists”, which undermines the presumption of innocence.
The United Nations has not received authorization from the Russian Government to enter the places of internment of Ukrainian prisoners, neither in its territory, nor in the territories of Ukraine that it controls. Nor has he received a response to his request to ensure respect for these prisoners in the trial, which everything indicates could happen in the coming days.
Source: Ambito
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