Joseph R. Biden (President),

In accordance with the provisions of the Geneva Convention, which is the basis of current international humanitarian law, all persons who are part of the Armed Forces of Ukraine are combatants who, in case of capture, enjoy all the rights of prisoners of war, who cannot be tried for participation in hostilities and for actions that do not constitute violations of international humanitarian law.

Defending their country, their relatives, Ukrainian servicemen defended the state sovereignty and territorial integrity of Ukraine, including the servicemen of the Separate Special Purpose Unit "Azov" in the status of combatants on the basis of their belonging to a separate military unit of the National Guard of Ukraine and subordination to the Commander-in-Chief of the Armed Forces Ukrainians heroically defended the city of Mariupol from the occupying forces of the Russian Federation.

From May 16 to 20, 2022, according to the decision of the higher military command, servicemen of the Separate Special Forces "Azov" and other defenders of "Azovstal", as the last fortress of southeastern Ukraine in Mariupol, obeying the order, laid down their arms under international guarantees of humane treatment of them as prisoners of war in accordance with the Geneva Convention on the treatment of prisoners of war of 1949 and their subsequent exchange, left the territory of the Azovstal plant, which was agreed at the level of the United Nations, the International Committee of the Red Cross.

Already after two months of captivity, on July 29, 2022, the occupying forces of the Russian Federation committed a terrorist act at the place of detention of prisoners of war in the former penal colony in Olenivka, which was condemned by the international community and the Verkhovna Rada of Ukraine. As a result of the terrorist act, a large number of prisoners of war died and many people were injured. To date, there are known cases of intentional murder, torture, inhumane treatment, intentional infliction of serious suffering and injury, and death in the absence of medical assistance.

Grossly violating all norms of international humanitarian law, the Russian Federation keeps prisoners of war hostage, not allowing representatives of the International Committee of the Red Cross or any other humanitarian missions to visit them. Prisoners of war do not receive enough food and are not adequately provided with medical care. It is currently not possible to accurately determine the number of dead and wounded, their place of captivity, and the conditions of their detention.

Official representatives of the International Committee of the Red Cross in public speeches have repeatedly stated that they should be able to visit prisoners of war in order to fulfill their humanitarian mandate, emphasizing that the ICRC does not have the opportunity to visit prisoners of war due to the Russian Federation ignoring their requests for access to places maintenance of prisoners of war.

The UN Human Rights Monitoring Mission has no specific information about the fate of the Azovstal defenders. the Russian side did not allow its monitors to enter any of the places of internment of Ukrainian prisoners of war. This was stated by the head of the Mission, Matilda Bogner, on 06/29/2022 at the presentation of the new report of the UN Human Rights Office in Ukraine.

Thus, the Russian Federation, as a state that holds prisoners of war, grossly violates the norms of international humanitarian law and international obligations that were taken by ratifying the Geneva Conventions.

PLEASE:

to initiate consideration of the issue at the UN General Assembly on the creation of an emergency special UN commission, endowed with the relevant mandate, for the possibility of monitoring compliance with the norms of international humanitarian law in relation to the prisoners of war defenders of "Azovstal";

entrust the Special Commission with the responsibilities of establishing the location and constant monitoring of the conditions of detention of prisoners of war, and security measures of detained persons, as well as ensuring the provision of proper medical care and the possibility of communication with relatives.