The Project and Its Purpose
The Public International Law & Policy Group (PILPG), together with the law firms Eversheds Sutherland, Gibson Dunn, Orrick, Herrington & Sutcliffe, and Weil, Gotshal & Manges, is implementing a project to interview people living in Ukraine about their experiences since the Russian invasion on February 24, 2022. PILPG is a global pro bono law firm providing free legal assistance to parties involved in peace negotiations, drafting post-conflict constitutions, war crimes prosecution, and transitional justice (www.pilpg.org). The project aims to learn generally about what people in Ukraine have suffered because of the invasion, but also to learn whether interviewees have experienced or witnessed any acts that could constitute evidence of atrocity crimes.
Procedures for the Interview
If you agree to be interviewed, one of our lawyers will interview you remotely. Our intention is to video and audio record your testimony if you are willing. We will ask you about your experiences in Ukraine following the Russian invasion, including whether you witnessed or experienced any events which may constitute atrocity crimes. To the extent that you do identify evidence that may constitute an atrocity crime, we may wish to share your information with Ukrainian and international accountability mechanisms pursuing accountability for atrocities committed in Ukraine since February 24, 2022, who may be interested in your testimony.
The interview will be in English, Ukrainian, or Russian depending on the language you feel most comfortable communicating in. To the extent that you choose to speak in Ukrainian or Russian, we will likely use the services of a professional interpreter, though some of our lawyers are native Ukrainian and Russian speakers.
Should you consent to be interviewed, we ask that you find a safe, secure, and private place for the interview. The interview will last no longer than two hours and will occur at a date and time that is convenient for you. Your participation in the interview is completely voluntary. You may choose: not to be recorded; not to share your identity; not to have your information shared with Ukrainian and international accountability mechanisms; choose to skip questions; or stop the interview at any time. We also understand that circumstances beyond your control may require that the interview be rescheduled. That is ok too.
If you choose not to share your identity, you may decide not to give your first, patronymic, or last name, instead giving a pseudonym, as well as refuse to share any other personal information. Choosing to proceed in this manner would not prevent us from discussing your experience with you or make us less interested in hearing your story. But, if you choose to not share your identity, please note that your statement may not be admissible for judicial proceedings and accountability.
Things to Consider
You will be asked to discuss topics that you may feel are sensitive or that you believe may expose you to safety risks. If this happens, you may tell the interviewer that you feel uncomfortable or do not wish to answer a question or wish to stop or postpone the interview.
We will make every effort to maintain the privacy of the information you share. We will only share your information to the extent that you agree with Ukrainian and international accountability mechanisms.
There are no direct benefits to participating in this interview other than the possibility that your testimony may be used to provide a historical record of what happened in Ukraine because of Russia's invasion and/or efforts to hold perpetrators of crimes accountable.
Confidentiality and Data Management
Your personal information will be treated with confidentiality and will not be made public. However, we cannot guarantee absolute confidentiality. Your personal data may be disclosed pursuant to an order from a court of competent jurisdiction in the United States.
The data we collect based on your interview will be stored on encrypted and password-protected devices to protect against loss or damage. Access to files containing personal data will be restricted to legal teams working on the project. Following these safeguards, we will store the personal data resulting from the interview for 20 years from the date of the interview or whatever may be appropriate for archiving purposes, public interest purposes, and achieving accountability.
If you agree and indicate your consent below, your testimony and contact information may be disclosed to judicial and/or non-judicial mechanisms for the purposes of achieving accountability for the crimes committed in Ukraine. This may include the International Criminal Court and the Government of Ukraine, as well as other accountability mechanisms, such as a Hybrid Tribunal for Ukraine should it be established in the near future, for crimes committed in Ukraine in the context of Russia’s invasion.
Data Processing and Privacy
PILPG and Eversheds Sutherland, Gibson Dunn, Orrick, Herrington & Sutcliffe, and Weil, Gotshal & Manges partners are collecting and processing the data. The data processing will be carried out in compliance with the European Union’s General Data Protection Regulation, 2016/679, according to the below legal bases and conditions:
- The individual has given consent to the processing of his or her personal data.
- Processing data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Processing is necessary for reasons of substantial public interest.
The European Union’s General Data Protection Regulation is a law that protects the personal information of any person living in the European Union or in a state that has signed an agreement with the European Union about the applicability of the Regulation in their territory, such as Ukraine. The Regulation also applies if the personal information is stored and processed on the territory of the European Union or a state that has signed an agreement with the European Union regarding this Regulation. This means that your information can only be collected and processed with your consent and your information will always be securely stored and protected.
You may request to have your information anonymized, changed, or deleted at any time.
How Will We Use Your Data?
We will identify key themes from responses, and if you consent to this in this form below, we will share your information with Ukrainian and international accountability mechanisms pursuing accountability for atrocities committed in Ukraine since February 24, 2022, who may be interested in your testimony. Your responses will be treated in confidence. Access to your data will be limited to the smallest number of people necessary to achieve the purposes for which it was collected.
Contacts for Questions or Issues
For questions about this project and any interview, please contact PILPG at this Signal number: +48574646080 or email at PILPG@protonmail.com.
SUBJECT’S CONSENT
I have read this form (or had this form read to me). In consideration of all of the above, I give my consent to the following: