The published text of the report of GPU on Ilovaiskaya boiler

Обнародован текст отчета ГПУ об Иловайском котле

The fighting near Ilovaisk

The report is referred to the international criminal court in the Hague.

The Prosecutor General’s office of Ukraine published a full report on the results of the investigation of the Ilovaisk tragedy. As noted in the Department, the report is referred to the international criminal court in the Hague.

The results of the investigation of the Ilovaisk tragedy

Main military Prosecutor’s office continues to carry out pre-trial investigation into the competence of the Russian Federation of a war of aggression against Ukraine, which resulted in the deaths of people and other grave consequences.

In the production of, among other things, investigated the circumstances of the Ilovaysky tragedy, as well as causes and consequences, in which the events occurred.

For completeness of the investigation and professional evaluation of the use and interaction of forces and means involved in the antiterrorist operation in the Donetsk and Lugansk regions, the validity of the managerial decision-making when planning and conducting military operations, including in August 2014 in the area of Ilovaysk, Donetsk region, conducted two comprehensive judicial commissions military expertise, which attracted 31 of experienced experts and specialists in the military sphere.

Collected evidence and the examination established that from may to July 2014, the ATO forces conducted several successful operations for the liberation of settlements Donetsk and Lugansk regions from the terrorist organizations “DNR” and “LNR”.

11 August 2014, the ATO issued a decree on which execution the command of sector “B” was developed the plan, one of whose tasks was blocking the forces of VS of Ukraine and cleanup of illegal armed groups of the city Ilovaysk. To combat operations were attracted by the strength of individual volunteer battalions.

In accordance with the specified order and the plan, which was well founded, it was expected the capture of the city of Ilovaysk with the control of the Northern outskirts of Makeyevka, which was supposed to lead to the establishment of control over the supply lines continued to be enabled to surround and release the city of Donetsk from terrorists.

Given the significant success of our troops, in order to avoid destruction of these terrorist organizations in the third week of August 2014 the leadership of the armed forces there is direct invasion of the regular Russian troops on the territory of Donetsk region with a simultaneous shelling of positions of armed forces of Ukraine from Russia.

The large-scale invasion took place in the night from 23 to 24 August 2014. The invasion force of the armed forces consisted of nine battalion tactical groups: 3500 personnel; 60 tanks; up to 320 BMD (BMP) to 60 guns; and 45 mortars; 5 anti-tank systems.

With the purpose to mislead and further the treacherous murder of Ukrainian servicemen in the Russian military technique has been previously removed or disguised tactical signs and identification marks applied by the Ukrainian units, which are prohibited by article 37 of the Protocol Additional to the Geneva conventions of 12.08.1949 (Protocol I) of 08.06.1977.

According to the investigation data of the security Service of Ukraine, intelligence agencies and the joint staff of the ATO, a critical ratio of military forces of Ukraine near the city Ilovaysk with units of the armed forces and representatives of terrorist organizations “DNR”, “LNR” were: personnel – 18 to 1 ; tanks 1 to 11, armored vehicles – 1 to 16; artillery – 1 to 15 “Castles” – 1 to 24.

At the same time, the grouping of the armed forces along the Eastern section of the state border of Ukraine consisted of 35 battalion tactical and rotno-tactical groups; 45100 soldiers, 160 tanks, 1360 BMP (BTR) 350 pieces of artillery; 130 units of reactive systems of volley fire; 192 combat aircraft, 137 helicopters.

Given the real threat of invasion along the Russian-Ukrainian border, the Armed forces of Ukraine did not in fact have sufficient strength to increase the contingent of troops at the Donetsk direction and simultaneous protection of the other sections of the state border.

The result is a sudden invasion of August 24-25, 2014 regular units of the Armed Forces and their March towards the town of Ilovaysk battalion of the Ukrainian interior Ministry “Dnepr-1”, “Peacemaker”, “Svityaz”, “Kherson”, “Ivano-Frankivsk”, nazvanie “Donbass” and the forces of sector “B” was surrounded by greatly superior numbers of enemy forces.

Given the criticality of the situation, the command of ATO forces was determined as a basic objective the preservation of the life of Ukrainian soldiers. With this aim, negotiations started between the head of the ATU V. Muzhenko and representatives of the General staff (Deputy chief of the General staff of the armed forces of the Russian Federation Mikhail Bogdanov) and at the management level of the sector “B” and units of the armed forces, the provision of secure humanitarian corridors to exit the environment of the military personnel of armed forces of Ukraine and other military formations of Ukraine.

The investigation proved that during 26-28.08.2014 only between the head of the ATU V. Muzhenko and Deputy chief of the General staff of the armed forces of the Russian Federation Mikhail Bogdanov held 12 phone conversations, the results of which the Russian side has provided guarantee safe exit of the Ukrainian military from the environment in not fighting the order on approved routes.

An additional guarantee of safe passage was to be three captured Russian paratrooper, which was agreed to transmit them to members of the Armed Forces of the Russian Federation after leaving the environment.

At the same time, the consequence is well established that during the negotiations the representatives of the armed forces deliberately delayed the time for arranging tactically advantageous firing positions along the route of the ATO forces.

August 29, 2014 at the direct orders and the orders of the command of the General staff of the armed forces of the Russian soldiers shot heavy weapons columns Ukrainian soldiers, together with three captured Russian paratroopers.

Under these circumstances, committed treacherous murder of 366 Ukrainian soldiers, 429 – were injured varying degrees of severity, the 300 was captured, the Ukrainian Armed Forces suffered significant losses of weapons and military equipment for the sum nearly 300 million UAH.

For the objectivity of the investigation by forensic experts studied the impact on the level of combat capability of the ATO forces due to the involvement of military personnel and equipment of the armed forces of Ukraine to participate in the military parade 24.08.2014 g.. Kiev on the occasion of the 23rd anniversary of the independence Day of Ukraine.

It is established that the conduct of the military parade in no way affected the level of combat capability of the ATO, because it was involved divisions, which are almost fully staffed at the expense of conscripts and cadets of military educational institutions, did not have the necessary level of preparedness for the tasks and therefore could not be involved in the antiterrorist operation.

The investigation of the Ilovaisk tragedy largely complete. At the same time end the procedural decision in the criminal proceedings will be taken after enforcement of the requirements of article 2 of the Criminal procedural code of Ukraine concerning a full and impartial investigation (completion of a comprehensive interrogation of each Ukrainian soldier on the known circumstances of the tragedy Ilovaiskaya and commit units of the armed forces of war crimes – the treacherous murder of Ukrainian military in the time of their release from the environment, failing to provide medical care to the wounded and leaving them in a helpless state, executions of prisoners, ill-treatment etc.), as well as the criminal responsibility of the perpetrators.

According to conclusions of experts and a range of other evidence, the only factor which is in direct causal connection with the Ilovaisky tragedy is the military aggression of Armed Forces of the Russian Federation in the form of a direct invasion on the territory of Ukraine and conduct further military of the aggressor country of war crimes.

According to the results of the investigation and on the basis of evidence it is reported about suspicion to the Deputy chief of the General staff of the armed forces of the Russian Federation Mikhail Bogdanov in committing criminal offenses under part 3 of article 110 (encroachment on territorial integrity and inviolability of Ukraine), part 2 of article 437 (waging aggressive war), part 2 of article 438 (violation of the laws or customs of war, combined with the deliberate murder) criminal code of Ukraine. The specified official directly carried out the command and control of units of the armed forces during their invasion of the territory of Ukraine in August 2014 and together with others organized the treacherous murder of Ukrainian soldiers in Ilovaysk.

In addition, the results of the investigation aggressive (hybrid) war of Russia against Ukraine, in General, is being brought to criminal liability for the offences indicated 89 people, including 43 citizens of the Russian Federation, including 20 officers, including 11 people from among the leadership of the armed forces (defense Minister Sergei Shoigu and his first Deputy – the chief of the General staff Valery Gerasimov and 9 generals). These individuals are wanted, the court granted permission for their detention.

The court directed the 41 indictments for 45 persons. Ukrainian courts sentenced 25 people have already been convicted, including 9 Russian citizens, including 3 servicemen of the armed forces.

During the investigation interrogated more than 1,500 injured, and more than 2,200 witnesses, conducted more than 1870 judicial expertise (forensic, forensic, military, phonoscope, linguistic, etc.).

Received and recorded more than 100 000 pieces of evidence (including captured during anti-terrorist operations weapons and ammunition that was supplied to terrorists by the Russian Federation).

The volume of materials of criminal proceedings is more than 1100 volumes (of which over 550 are classified as “Secret” and “top secret”).

According to the results of the investigation and the findings of the forensic examinations of the key factors against which there was an invasion of armed forces of the Russian Federation and further Russian occupation of separate districts of Donetsk and Lugansk regions:

  • Low level of combat readiness and combat capability of the Armed Forces of Ukraine. To establish the existence of irregularities during the tenure of the President of Ukraine Viktor Yanukovych, the leadership of the Ministry of defense of Ukraine and the command of the General staff of the armed forces of Ukraine in the period of 2010-2014, associated with a decrease in the combat readiness of the Armed Forces of Ukraine, improper assessment of the military-political and military-strategic situation around Ukraine, is additionally reflected in the criminal proceedings through an additional judicial complex military expertise.
  • Numerous cases of desertion, absence without leave places of military service and failure to comply with orders of the chiefs of personnel of the Ukrainian army in that period.
  • Individual errors of ATO guidance in the planning and conduct of military operations that are not in direct causal connection with the occurrence of serious consequences – the death of the Ukrainian military and the loss of weapons and military equipment (a detailed analysis of the circumstances provided comprehensive expertise, access to which is granted to all people’s deputies of Ukraine, having access to state secrets).
  • According to conclusions of experts, occurrence of serious consequences in the form of the death of Ukrainian troops and loss of weapons and military equipment in the area. Ilovaysk Donetsk region is in direct causal relationship with the actions of the armed forces, which 23-24.08.2014 made treacherous invasion of the territory of Donetsk region and the treacherous murder of the Ukrainian soldiers.

    It should be noted that during the investigation only in the period of 2016-2017 years, interviewed more than 800 Ukrainian servicemen and other persons known to them the circumstances of the tragedy Ilovaiskaya and commit units of the armed forces of war crimes. Investigators together with experts taken, processed and analyzed more than 250 volumes of documents marked restricted access of the presidential administration of Ukraine, Cabinet of Ministers of Ukraine, Ministry of defense of Ukraine, General staff of armed forces of Ukraine and other higher Central bodies of Executive power and law enforcement and intelligence agencies.

    According to the results of the investigation, during this period (2016-2017) to criminal responsibility for waging aggressive war against Ukraine and other war crimes were brought to justice 55 in числе32 citizen of the Russian Federation. The court directed 32 of the indictment of 33 individuals (12 of them citizens of the Russian Federation). For convictions during 2016 and the first half of 2017 22 people have already been convicted (8 – citizens of the Russian Federation).

    The office of the Prosecutor of the International criminal court to address the issue of opening of criminal proceedings by the Chief military Prosecutor’s office sent information about the collected evidence of war crimes (including the treacherous murder of the Ukrainian military near Ilovaysk).

    In addition, for use in the International court of justice and the European court of human rights with the support of lawsuits against the Russian Federation in the Ministry of foreign Affairs and the Ministry of justice of Ukraine Chief military Prosecutor’s office provided evidence of the jurisdiction of the Russian Federation of a war of aggression against Ukraine and the financing of terrorism.

    Long judicial complex military expertise caused by the objective necessity of seizure and research are extremely large volume of secret documents on reforming the armed forces of Ukraine (2005 – 2014), as well as military documents on carrying out of ATO in the Donetsk and Lugansk regions, the need to establish the location and examination of a substantial number of witnesses and victims.

    The online military Prosecutor’s office is limited to a small staff of prosecutors and investigators (prosecutors – 498, investigators – 156 for the entire country), which, in addition to performing daily work – war crimes at the instruction of the Prosecutor General of Ukraine simultaneously ensure the investigation of other crimes, which have acquired a special public resonance. In particular, the case against the former Ukrainian President Yanukovych, ex-Minister of incomes and fees Klymenko, members of the criminal organization for the illegal amber mining in Rivne region, on the facts of committing a number of terrorist acts against Ukrainian servicemen the facts of banditry, committing the participants of the organized criminal groups of grave and especially grave crimes, and more.

    We also inform you that to ensure full transparency of the investigation still 15.07.2016 the Prosecutor General of Ukraine Yuri Lutsenko during a speech in the Verkhovna Rada of Ukraine proposed by people’s deputies to see by the conclusions of judicial examinations with the stamp “top secret” on conducting combat operation near the town Ilovaysk. However, more than 400 people’s deputies with the conclusions of the examination reviewed only five of them (A. Teterev, I. Vinnik, I. Frieze, T. Chornovil, E. Sobolev). Others, including the people’s Deputy of Ukraine S. Semenchenko, during the year to review never arrived.

    Please note that people’s deputies of Ukraine who are not familiar with the conclusions of these forensic examinations, have the opportunity to do this in confidential part of the Main military Prosecutor’s office in accordance with the legislation on state secrets.

    The need to provide the findings of the forensic examinations of the neck with restricted access due to the fact that they studied a significant amount of documents containing information constituting a state secret.

    Main military Prosecutor’s office continues to collect evidence and establish all the persons involved in starting and waging aggressive war against Ukraine, war crimes on the territory of Ukraine, including the treacherous murder of Ukrainian troops near Ilovaysk, so that every person guilty of committing these very serious crimes against the foundations of Ukraine’s territorial integrity, peace and international law were prosecuted and punished, which will determine how the Ukrainian courts and the international criminal court.

    Main military Prosecutor’s office

    Earlier, the Prosecutor General of Ukraine Yuriy Lutsenko said that in Ilovaisk was an error of management of the APU.

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