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TRP Research Lab

ONE-WAY TICKET. FOR MINORS

Legality of the 2022 Transfer of inmates of the Oleshky Specialized Boarding School by Russian authorities

ONE-WAY TICKET. FOR MINORS

Executive Summary

This comprehensive report presents a qualitative study and legal review of the lawfulness of the transfer of 82 vulnerable residents — children and adults with severe disabilities — from the Oleshky Specialized Boarding School (OSBS) in Ukraine's Kherson Region by Russian occupation authorities in late 2022. The analysis of circumstances and legal assessment strongly indicates that the actions of the Russian Federation constitute a coordinated international crime, namely that of the deportation and forcible transfer of particularly vulnerable civilians.

The legal review suggests that the transfer was likely forcible as consent for the removal of OSBS residents was either absent or invalid, as was obtained under psychological pressure and intimidation, including threats to disclaim responsibility for the lives and health of the children.

The Russian-appointed administrator arguably lacked the legal authority to act as the lawful representative of the residents, under both Ukrainian and Russian law.

The report establishes that mass removal of OSBS residents does not appear to meet the exceptions for temporary evacuation provided for in the Geneva Conventions either. Active hostilities were taking place far away, casting doubt on the existence of imperative military reasons or an acute security threat. The staged selection of the most mobile and healthiest individuals further casts doubt on arguments concerning medical necessity.

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