Can I submit a claim in this category?

You can submit a claim in this category if:

  1. you experienced torture or inhuman or degrading treatment or punishment;

  2. the torture or inhuman or degrading treatment or punishment was caused by Russia’s full‑scale invasion starting on 24 February 2022; and

  3. torture or inhuman or degrading treatment or punishment occurred within the internationally recognised borders of Ukraine, including the temporarily occupied territories and the territorial waters, or it occurred outside of the territory of Ukraine but was directly linked to an event that occurred in Ukraine’s territory.

What can I claim under this category?

You can submit a claim for mental pain and anguish that you suffered due to the torture or inhuman or degrading treatment or punishment.

In addition, you can submit a claim in this category for the serious personal injury that you suffered due to the torture or inhuman or degrading treatment or punishment, including the costs of medical treatment and rehabilitation borne by you.

What are some examples of “torture or inhuman or degrading treatment or punishment” for this category?

For this category, “torture or inhuman or degrading treatment or punishment” must be intentionally inflicted by someone with authority, power, or control, or with that person’s awareness and acceptance.

Examples could include:  

  1. inflicting severe physical or mental pain, when done to get information or a confession, to punish or intimidate you, or to force you to do something;

  2. causing you intense mental or physical suffering; and

  3. humiliating you in a way that undermines your dignity and self-respect.

This list is not exhaustive.

In addition to mental pain and anguish, I was injured as a result of the torture or inhuman or degrading treatment or punishment. Can I also seek compensation for “serious personal injury”?

Yes, if your injury meets the definition below.

“Serious personal injury” must have caused significant physical or psychological harm or suffering. Examples could include:

  1. losing a limb;

  2. losing or significantly limiting your ability to use a limb, organ, or body function, either permanently or temporarily;

  3. disfigurement that substantially changed your appearance, either permanently or temporarily;

  4. ending a pregnancy against your wishes;

  5. any other injury likely to significantly impact your quality of life.

This list is not exhaustive.

“Serious personal injury” does not include bruises, simple strains or sprains, minor burns, cuts, wounds, or other conditions not requiring medical treatment.

If I suffered serious personal injury as a result of the torture or inhuman or degrading treatment or punishment, should I submit a claim under this category or under category A2.3?

You can submit your claim for the serious personal injury resulting from the torture or inhuman or degrading treatment or punishment in either category. Claim forms in Diia are simple and intuitive and will help with the submission process.

I did not suffer any serious personal injury as a result of torture or inhuman or degrading treatment or punishment. Can I still submit a claim?

Yes, you can still submit a claim for your mental pain and anguish resulting from the torture or inhuman or degrading treatment or punishment.

Does this category also cover sexual violence, deprivation of liberty, forced labour or service, forcible transfer or deportation, or other violations of personal integrity that I experienced during the torture or inhuman or degrading treatment or punishment?

No, if your claim also relates to one or more of these violations, you should submit a claim in a different category too.

Does this category also cover other financial losses?

No, if you suffered other losses, such as loss of income or gainful employment, you should submit an additional claim in a different, applicable category too.

How can I demonstrate that the torture or inhuman or degrading treatment or punishment was caused by Russia’s full‑scale invasion of Ukraine?

You should provide as much information as possible about the torture or inhuman or degrading treatment or punishment, the date or time period that it occurred, and the location.

You should also provide any relevant documentation you have about the circumstances of the torture or inhuman or degrading treatment or punishment.

If you experienced torture or inhuman or degrading treatment or punishment while in detention, you should indicate the place where you were detained and provide any information that shows the fact of your detention.

Do I need to determine how much mental pain and anguish I have suffered because of the torture or inhuman or degrading treatment or punishment?

No, you don’t need to provide your own or an expert’s assessment of your mental pain and anguish, or any other evidence of this.

What should I submit as evidence of the serious personal injury and the related expenses?

The seriousness of the personal injury will primarily be established by medical documentation and records.

It is for you to decide what evidence to submit. Examples could include:

  1. medical reports;

  2. medical receipts;

  3. conclusions of medical commissions;

  4. forensic medical examination reports; 

  5. photos and videos; and

  6. medical insurance documents.

This list is not exhaustive.

Do I need a forensic medical examination report for me to submit a claim for the serious personal injury?

It is not required. A forensic medical examination report is one way to help demonstrate the serious personal injury. If you do not have a report, you can still submit your claim with other available evidence. However, if you have any records of your medical examination, you should submit them.

My forensic medical examination report concludes that my injury is of “medium” gravity. Can I still submit a claim for the serious personal injury?

Yes, you can, if your injury falls under the meaning of “serious personal injury” for this category.

For field 14 of the Claim Form, I did not belong to one of the listed groups (member of the military, territorial defence, law enforcement, emergency/utilities/critical infrastructure worker, or medical personnel) at the time of the torture or inhuman or degrading treatment or punishment. Can I still submit a claim?

Yes. When submitting your claim, you can select that you did not belong to any of these groups.

I have been convicted of a crime in relation to Russia’s aggression against Ukraine, or am subject to sanctions or other equivalent measures imposed by a government or an international organisation. Can I still submit a claim?

Yes. However, you should provide relevant information in the field provided.