Tatiana Kovalchuk took part in the round table “Conflict-related sexual violence in Ukraine: the prism of transitional justice”

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22.06.2021 18:04

Today, June 22, Deputy Minister of Internal Affairs of Ukraine Tetiana Kovalchuk took part in the round table “Conflict-related sexual violence in Ukraine: the prism of transitional justice”. The event was initiated by the interfactional association of the Verkhovna Rada of Ukraine “Equal Opportunities”.

“The issue of conflict-related sexual violence is unacceptable, a gross violation of human rights and a violation of international law, which unfortunately is actively used as a tool for warfare and threatens the peace and security of citizens living in the occupied territories,” the deputy minister said.

Tatiana Kovalchuk stressed the need to introduce legislative instruments on the resolution of conflict-related sexual violence, as there is currently no such definition in the legislation.

“Mechanisms for identifying, preventing, responding to, investigating such a crime as “conflict-related sexual violence” have not been developed or implemented. No article of Section IV (Crimes against sexual freedom and sexual integrity of the person) of the Criminal Code of Ukraine identifies such qualifying features of a crime as “conflict-related"”, - she stressed.

Currently, the investigative units of the National Police of Ukraine carry out pre-trial investigation of crimes against sexual freedom and sexual inviolability of a person on general grounds.

In view of this, unless the criminal legislation is supplemented by the specified qualifying feature of the crime, there is no legal basis for the identification and investigation of such crimes, which entails impunity for the perpetrators and the absence of any protection of the victims.

The extent of conflict-related sexual violence in Ukraine cannot be grasped due to the lack of access to the temporarily occupied territories, the unwillingness of victims to witness such cases, which is also due to various reasons, including low awareness of the protection of their own rights, social stigmatization of victims of violence, lack of trust in state mechanisms of protection, with a lack of practice regarding the consideration of crimes against sexual freedom and sexual inviolability of a person committed in the context of conflict.

Gaps in national legislation, lack of clear definitions, clear terminology, in particular conflict-related violence, lack of mechanism and instructions for identifying, responding, documenting and investigating such offences negatively affect the prosecution and prosecution of perpetrators.

“We must consolidate the efforts of state institutions and public organizations to create effective mechanisms for the protection of victims of sexual violence in the context of conflict,” Tatiana Kovalchuk stressed.

 

Photo: Oleg Suprun

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