Around 97–98% of war crimes cases in Ukraine are heard in absentia, that is, without the defendant being present, Inna Linyova, director of the Human Rights Institute of the Ukrainian Bar Association, said in an interview with the Interfax-Ukraine news agency.
According to her, this mainly concerns cases where the accused Russian serviceman is in the Russian Federation or in temporarily occupied territory, and Ukrainian investigative and judicial authorities are conducting proceedings without his physical presence.
Lynova emphasised that trials in absentia are permitted under international standards, but in such proceedings it is particularly important to ensure all guarantees of the right to a defence. Otherwise, Ukraine may face serious legal and reputational risks.
“Such a trial in the absence of the accused is permissible under international standards, but in such cases it is particularly important to ensure that the rights of the accused are protected,” she noted.
According to Linyova, problems with the quality of defence were observed in a number of proceedings: lawyers could be passive, fail to file motions, fail to examine evidence, and effectively limit themselves to a formal presence in the proceedings. In some cases, defence lawyers even used derogatory terms in relation to their clients, which contradicts the very essence of the right to defence.
The Director of the Human Rights Institute of the Ukrainian Bar Association emphasised that effective defence of those accused in war crimes cases is needed not to exonerate criminals, but to protect the interests of Ukraine itself. If the trials comply with international standards, this will strengthen Ukraine’s position as a state governed by the rule of law and reduce the risk of subsequent challenges to the verdicts in international courts.
Since July 2023, the Ukrainian Bar Association has been implementing an initiative to monitor court hearings and analyse court decisions in cases of war crimes. According to Linyova, these trials are the focus of the international community’s attention, as they relate not only to the punishment of the guilty but also to the future compensation system, the restoration of justice and Ukraine’s international reputation.
According to the Office of the Prosecutor General, the number of registered criminal offences classified as war crimes is rising rapidly. By the end of May 2024, there were 129,065 cases; by September 2025, 179,803; and by 16 April 2026, 221,929.
The Ukrainian judicial system is thus facing a massive challenge: it must simultaneously document crimes, ensure the punishment of the guilty and uphold the standards of a fair trial, even in cases that attract significant public attention.
Source: https://interfax.com.ua/news/interview/1173975.html
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