Risks to Victims and Their Protection in Criminal Proceedings[604]
Challenges Facing Victims Arising from the Armed Conflict
Since the beginning of the international armed conflict on the territory of Ukraine in 2014, law enforcement bodies have faced difficulties in identifying victims. Access to those residing in occupied territories is particularly challenging, as is creating conditions for their safe participation in proceedings. Survey results among those affected by the consequences of the armed conflict on the territory of Ukraine show that the vast majority of respondents (83%) consider access to justice critically important.[605] However, their willingness to participate actively in proceedings is affected by factors such as:
- lack of confidence that criminal proceedings will produce results;
- the difficulty of managing complex emotions during proceedings and remaining active participants;
- participation in proceedings not feeling justified given the risks arising for victims — in particular those residing, or whose family members reside, in occupied territories;
- prior negative experiences of interaction with representatives of the justice system;
- low levels of trust in representatives of the justice system, among other factors.[606]
Furthermore, the fact that victims reside in areas outside the control of the Ukrainian government effectively precludes the taking of testimony, the conduct of investigative actions, and interaction with pre-trial investigation bodies.[607] Victims and witnesses who had returned to occupied territories or had family members there[608] regarded their active participation in criminal proceedings as a risk of potential prosecution of themselves or their relatives by the occupation authorities.[609]
In general, only pre-trial investigation and prosecutorial bodies in certain regions have developed experience of working with victims and witnesses from occupied territories — in particular those displaced from the Crimean Peninsula and those exercising their powers in relation to the occupied parts of Donetsk and Luhansk oblasts, who were effectively documenting and investigating crimes in occupied territories. Staff of these bodies note that the most common security measure requested by victims and witnesses from temporarily occupied territories is the change of their identifying data.[610]
Following the full-scale invasion, the willingness of victims to participate actively in justice processes has also been affected by the development of prosecution practice in respect of offences against the foundations of Ukraine's national security. Article 111-1 of the Criminal Code of Ukraine is drafted in broad terms, leaving room for a wide interpretation of individuals' actions within the scope of that classification[611]. In view of the practice of its application, victims in regions that have been liberated from Russian occupation or where active hostilities are ongoing are concerned that their actions may be construed as offences, which may lead them to refuse to engage with the justice system.
At the same time, victims and witnesses may experience pressure within their communities and a high level of interest in the proceedings and their outcomes. Where a victim resides in a small settlement, most people are likely to be aware of the fact of the crime, the identities of victims and witnesses, whether the individual is cooperating with law enforcement, and other details surrounding the crime and its investigation.[612] Where the settlement is located close to an active combat zone, victims are concerned for their safety and the potential risks to life and health should the territory where they reside in come again under the control of the Russian Federation's armed forces.[613]
Given victims' expectations of justice processes, their safety in proceedings directly affects the number of individuals willing to participate actively and to give evidence about core crimes. This is also influenced by the state's capacity to identify and address their needs — not only in the legal sphere, but also with regard to social, medical, and psychological support.
Victim Support in Justice Processes
To date, a dedicated unit responsible for engagement with and support of victims in criminal proceedings has been established only at the level of prosecutorial bodies. In 2023, a The Office of the Prosecutor General has now taken over the function of communicating with survivors. A separate internal document was adopted within the prosecutor's office that defines approaches to working with survivors of grave international crimes.[614] This document provides for the introduction of a support mechanism through the following components:
- The establishment of a Coordination Center for Victim and Witness Support[615].
- The introduction of coordinators for victim and witness support who will act as part of the Coordination Center.
- The work of the Interagency Working Group to improve coordination between state authorities and non-governmental organisations.
- The establishment of a referral mechanism based on institutional arrangements between the Coordination Center, law enforcement agencies, ministries and departments, and other support services to take measures to protect and comply with security mechanisms, provide counselling, and other relevant assistance to witnesses and victims.[616]
The mechanism suggests specific actions such as the establishment of a record-keeping system, assessment of the risk of retraumatisation, and provision of clarifications on the rights of victims and witnesses during proceedings[617]. Despite the proposed measures, the adopted mechanism does not cover the protection of victims and witnesses. Rather, it Centers on tackling social, psychological, and legal issues associated with their participation in criminal proceedings.
At the same time, the regulation governing the Coordination Center specifies that in its activities it is guided, among other instruments, by the Law of Ukraine "On Ensuring the Safety of Persons Participating in Criminal Proceedings."[618]
Over two years, the operating conditions of the Center have been largely dependent on practical decisions and the general framework of approved approaches to working with victims of the consequences of the armed conflict on the territory of Ukraine.[619] The approaches approved by Ukraine for the development of the law enforcement and justice system provide that the Coordination Center is to focus not only on victims of core crimes but also on all victims of violent acts in general criminal proceedings.[620] Accordingly, the development of its work is expected to require an expansion of staffing as well as the establishment of appropriate victim support infrastructure at the level of courts and investigative bodies.
Finally, the lack of witness and victims protection programmes and legislation makes it unclear how the authorities will ensure their safety and security should they decide to actively engage with them. The Support Center is presently operating as a referral entity to other external organisations that provide the actual assistance. As of January 2025, the Center reportedly provided assistance to more than 1,100 victims, most of whom were children (873)[621]. As of early 2026, the Center was providing support to 2,199 victims (704 men, 1,186 women, and 288 children) and 112 witnesses (49 men, 49 women, and 14 children[622]). The Center's work has also expanded in regions where specialized prosecutor’s offices for crimes committed in the armed conflict operate. The opening of Center sections in Lviv, Odesa, and Chernivtsi oblasts is additionally planned.[623]
The intensification of negotiations on Ukraine's accession to the EU has raised a number of issues, including in the field of justice, which need to be reformed with effective solutions in line with European standards. One of these areas is the support for victims of violent crimes, as well as reforming the system of security measures for victims and witnesses in criminal proceedings[624]. Despite the fact that EU recommendations for Ukraine do not specifically focus on the protection of victims of international crimes, it is expected that the already established infrastructure in the form of the Center will expand its activities to a wider range of people.
Following the example of the Center, the issue of working with victims and witnesses has also begun to be raised at the level of the judiciary. On 11 November 2024, the Council of Judges of Ukraine approved the Protocol for Courts on Working with Vulnerable Victims and Witnesses[625]. Its approach should be applied not only to work with victims and witnesses of grave international crimes. For example, the Protocol contains a list of vulnerable categories of victims, including victims of violent crimes, women, children (among others) who should be able to access protection and security measures. The Protocol also envisaged that with donor support, four courts would launch pilot projects to create comfortable conditions for victims and witnesses in the courtroom[626], but given the political processes and the withdrawal of funding, the project was never implemented.
The Application of Security Measures in Practice
Given the lack of unified approaches to working with survivors of atrocity crimes in accordance with international standards (in particular, measures to prevent victims from the risk of re-traumatisation and effective witness protection measures)[627], not all survivors feel prepared to actively engage in the process. Its length, the need to participate in a large number of procedural actions and provide testimony multiple times both at the pre-trial investigation and trial, the potential direct interaction with the accused during the trial, or even trials in absentia of the accused, which does not guarantee the execution of the court's decision and lack of quality state support —all of this negatively impacts the mental well-being of survivors and their intention to see the process through.
The general approach to ensuring the protection and safety of victims of international crimes reflects, more broadly, the unsatisfactory state of the victim protection system within criminal justice. This situation requires consistent and comprehensive reform that will strengthen both the quality of criminal investigations overall and the effectiveness and safety of criminal justice personnel. The provisions of the current Law "On Ensuring the Safety of Persons Participating in Criminal Proceedings"[628] require attention to the following aspects: their adequacy in addressing existing challenges and the failure to account for the specific nature of international crimes; the absence of a single body responsible for coordinating and implementing security measures; the risk of secondary victimisation; ineffective communication with and support for victims, both inside and outside the scope of criminal proceedings; challenges to the safety and capacity of criminal justice personnel; and the dependence of security measure implementation on international assistance, among other issues.
Although certain approaches have been applied in practice aimed at protecting the confidentiality of victims' data and preventing their secondary victimisation, their effectiveness is directly contingent on legislative amendments. At the same time, security measures for participants in criminal proceedings are oriented more towards protecting witnesses as sources of important testimony rather than towards protecting victims. This approach — developed within the national system in the context of organised crime proceedings — is not effective in the investigation of core crimes.
The context of the armed conflict on the territory of Ukraine and the investigation of its consequences have generated additional requirements that must be addressed in developing legislative amendments on security measures for participants in criminal proceedings:
- the introduction of clear criteria enabling the selection of an appropriate security measure, taking into account the available resources of the responsible bodies and the funding sources for each component;
- the establishment of a systematic risk assessment procedure for victims, to assist in determining the relevance of particular protection mechanisms;
- the definition of clear and complementary criteria indicating the degree of danger to an individual, the importance of their information to the proceedings, and enabling the selection of appropriate security measures applicable within a comprehensive programme for a victim or witness;
- the development of a mechanism for international cooperation in response to requests from other states or justice mechanisms (such as the ICC) for the application of security measures;
- the establishment of a procedure for inter-agency coordination among bodies that hold personal data and other information within the framework of security measure implementation.[629]
In addition to developing new regulatory frameworks, reforming the existing institutional infrastructure of bodies responsible for implementing security measures presents its own challenges. Established practice shows that the key challenges facing these bodies include: insufficient funding, the need for coordination among different units and systematisation of institutional practice, high workloads and staff shortages, and security risks to the personnel involved.
The measures envisaged under the Comprehensive Strategic Plan for the Reform of Law Enforcement Bodies (2023–2027)[630] include the establishment of a national security guarantee service to improve the effectiveness of security measures for participants in proceedings concerning serious and particularly serious offences — to be completed by the fourth quarter of 2027 or within one year of the termination or lifting of martial law.[631] The draft laws currently registered[632] and the discussions surrounding them do not yet manifest a complete picture of how the updated system for ensuring the safety of victims and witnesses in criminal proceedings will be structured. At the same time, the general trends and focus of current initiatives in the context of European integration may indicate that insufficient attention to the needs of victims of core crimes will persist.
