This Spanish investigation has remained active for close to a year, featuring two distinct document collections that contribute to the forensic inquiry into Russian aggression against Ukraine. The focus lies on Spanish citizens who were living in areas occupied by Vladimir Putin’s forces about a year ago and who could be considered potential victims of war crimes committed by the Russian Federation.
Earlier, the commission established by then-Attorney General Dolores Delgado and submitted to the National Court Prosecutor’s Office with a decree showed limited progress. The hesitancy among witnesses about sharing their testimonies stems from concerns about potential repercussions for themselves and their families, especially since some have relatives in Ukraine. The situation is compounded by the fear that speaking out could put them at risk, even as they wish to see truth and accountability prevail and hope for a future return to their homeland.
Meanwhile, the Immigration and International Protection Subcommittee of the General Council of Lawyers (CGAE) launched a parallel mechanism. Questionnaires were prepared to capture accurate facts from refugees who arrived in the country, enabling them to present their status before international courts through Spanish bar associations that have legalized their residency.
Officials behind the initiative note that, following the prioritization of refugees who arrived as the occupation began, there were virtually no negative consequences linked to home purchases or schooling for their children. Rather, the aim was to gather evidence of potential war crimes. A renewed effort is now being pursued in collaboration with the Ukrainian Embassy in Spain. A year later, many refugees have settled, and the situation on the ground is clearer, though the war continues to unfold.
Despite ongoing challenges, prosecutors have kept both files under active consideration. One set includes requests for cooperation with Ukrainian authorities under the Memorandum of Understanding signed in March 2022 between Ukraine’s Prosecutor General, Irina Venicetova, and the Spanish Prosecutor’s Office. A separate set contains documents, minutes, and related projects from meetings with the European Union Criminal Justice Cooperation Agency (Eurojust) on this topic. Spain remains a participant in the international case against Russian Federation President Vladimir Putin at the International Criminal Court (ICC), with the Spanish Executive acting through Eurojust. Spain’s representative at Eurojust is José de la Mata, a former judge of the National Court.
These measures exist in tandem with independent but cooperative efforts by the Office of the Chief Public Prosecutor and Eurojust. In practice, materials collected by the Spanish Prosecutor’s Office may be presented before the ICC, while data processed by Eurojust could illuminate investigations into potential Spanish victims at the National Court.
Assistance to the Ukrainian authorities
The Prosecutor’s Office explains that, as this first year of the decree’s validity concludes, its purpose is to assist Ukrainian authorities and those in other affected countries. The frameworks and procedures developed can be deployed in various investigations when necessary. The same sources describe the possibility of maintaining the decree as a timely measure to foster a legal framework that supports proactive actions or active participation in international cooperation. This approach reflects a commitment to coordinated, lawful responses to international criminal conduct.
To implement this, ongoing contact with the Ukrainian embassy in Spain has been maintained, and state security forces and related bodies have been engaged throughout the year. Information about the registration of citizens who settled in Spain after fleeing the Ukrainian conflict has been collected. Authorities are also authorized to establish direct cooperative links with institutions and NGOs assisting Ukrainian refugees to identify victims and witnesses of possible war crimes, ensuring they can access protection and due process while contributing to this important legal work.