Argentina will study the case of Ukraine

The Reckoning Project (TRP), an initiative of Ukrainian and international journalists and lawyers documenting war crimes – which IWPR supported during its first year of operation – has filed a criminal complaint with the Federal Court of Argentina on April 15 with a tortured Ukrainian civilian. by Russian forces. His name is currently being withheld for security reasons.

Nataliya Gumenyuk, co-founder of TRP and director of the Public Interest Journalism Lab, who accompanied the victim on the trip to Argentina, explained to IWPR’s Olga Golovina why they are pursuing the path of universal jurisdiction.

What can you tell us about this case and how the evidence was collected?

Natalia Gumenyuk: He is a male civilian who was tortured during the occupation and subjected to electric shocks. We can’t reveal much about him. As part of our project, we collected nearly 400 testimonies from people who witnessed or suffered war crimes in Ukraine; hundreds of people were subjected to torture during the occupation. His case is just one among many.

Regarding this case, we have circumstantial testimony from other people who were in the same room. But this case was important for us, because this person has not yet testified before the Ukrainian prosecutor’s office. We are trying to reach people who are not cooperating with national law enforcement.

There are many countries with universal jurisdiction. Why did you choose Argentina?

This is the first ever Ukrainian torture trial brought in Argentina. The Argentine constitution, based on universal jurisdiction, allows courts to hear international crimes, particularly crimes against humanity and war crimes, regardless of where they were committed.

This country has unique experience in considering cases related to torture and, in particular, the use of electric currents. Russia is trying to drown us in its crimes, overloading the Ukrainian law enforcement system, so we are asking the world to help. And it is also important for us to show that crimes have no borders and Russian criminals must be arrested everywhere. Opening a case on another continent can show the world that it’s not just a war somewhere far away in Europe.

On the eve of the filing of the lawsuit, we published materials on torture and crimes of the Russian Federation in the Argentine media, organized conferences and film screenings on war crimes. Here we met with key organizations, lawyers, judges and journalists.

On the other hand, it was important to show that our team consists mainly of Ukrainian journalists, international journalists and analysts. Legally, it is an international team. We have a Syrian lawyer. We always look at war crimes in the context of world perception. It is important for us to show that this crime is not only a European issue, it is not only a European issue and cannot be tolerated by anyone.

How long can an investigation last if a judge opens a file?

The investigation may take years and we understand that. Even in Ukraine, cases with more evidence last more than a year.

We discussed each step with the victim. He is ready for the duration of this process, he feels responsible for the other tortured people. He has the moral strength to bear witness, to remember the tortures again and again. I am very grateful to him for these efforts, for his strength. This is very difficult, because a person often would like to forget what happened.

We had the opportunity to speak with Argentinian victims of the crimes of the junta in the 70s, and our victim also had the opportunity to speak with them, since we are working on a documentary. I know they inspired him, answered some of his questions – how to live with (the trauma), how to fight. Therefore, in my opinion, the legal process itself is a success, because it can also inspire someone and make them believe that if you do not give up and are not alone, there is a chance of get justice.

What does success look like in such a case?

Opening the case itself is a great achievement. Not everyone can speak publicly about torture and terrible experiences (and this is positive) when a criminal case is opened, when there is publicity in the media, when society sees that there is solid evidence.

Russia does not have a visa regime with Argentina. Many Russians choose to live in Argentina. Among them are those fleeing the Putin regime and those who have committed war crimes. Criminals must know that the world is not open to them and that they will not be able to move freely as long as there is an international arrest warrant or open criminal proceedings.

How can journalists help focus the world’s attention on war crimes in Ukraine?

If there were no journalists, then Bucha, Mariupol, Kherson, Izyum – would we and the whole world know about these crimes? However, there is a downside. If journalists incorrectly cover war crimes, they can harm, re-traumatize, disclose private or secret information, interfere with the investigation, make mistakes in describing their material. This can spoil the deal. But generally speaking, we sincerely believe that the story told is of great importance.

The Ukrainian victim contacted Norma Morandini, an Argentine writer, journalist and politician. His brother Nestor, 20, and his sister Cristina, were kidnapped in Buenos Aires in 1977, during the military dictatorship. Norma immediately left Argentina. She returned to her native country only in the mid-80s. As a journalist, she wrote materials about the famous trial of the military junta. During the court hearings, during testimony about torture and murder, she never imagined her brother and sister among those tortured. This was the protective mechanism of his psyche. Much later, she learned that her family had been sent to ESMA, a secret torture prison located in the building of the former Argentine Navy Mechanics School. The tortured people were sent on so-called death flights: their bodies were thrown from the plane into the sea. Norma did not tell her mother about the fate of the kidnapped brother and sister. However, it turned out that his mother knew about it, but also did not tell those close to him.

Norma Morandini, in conversation with us, said that trials are important, but in general, in the long run, it is very important that other stories – books, films, reports – are also written, filmed , told – to preserve the truth. . Trials take place when there is evidence. But not all cases have proof. A person may have disappeared, their body may never have been found, it may be unknown how they died, and a crime may have been committed. Therefore, if history is not recorded, there will be no memory of a person.