Russia fabricates massive sentences against Ukrainian POWs, accusing them of its carnage and devastation in Ukraine
Russia has used a fake ‘court’ in occupied Donetsk to add an 18-year sentence to the life sentence already illegally passed against Ukrainian prisoner of war, Oleksiy Kyrkalov. Three other Ukrainian defenders – Artem Batiuta; Artur Sharamok and Danylo Vereshchak - received 16-year sentences on a quite staggeringly cynical charge. The men were accused by the aggressor state of having caused damage “to the state” through the destruction of a Ukrainian bridge during the first days of Russia’s full-scale invasion of Ukraine. These are just four of a steady stream of such ‘sentences’ against prisoners of war whose protected status under international law Russia is flagrantly violating. In all cases, the first information about a supposed ‘trial’ comes from Russian prosecutor general or Investigative Committee reports of the sentence. The only ‘evidence’ for the charges appears to be videoed ‘confessions’ almost certainly extracted through torture, and there is nothing to suggest that they had any access to independent lawyers.
Artem Batiuta; Artur Sharamok; Danylo Vereshchak
The three men are all from the Ukrainian Armed Forces 55th Separate Artillery Brigade and have probably been held prisoner by the Russians since February or March 2022. News of Donbas reported the ‘sentence’ by a fake ‘court’ in the Russian-controlled ‘Donetsk people’s republic’ [‘DPR’] on 23 September 2024. The three were accused of having shelled a vehicle bridge over the river Kapka on the Sloviansk – Donetsk – Mariupol road. It was claimed that this had taken place on 26 February 2022. This was two days into Russia’s full-scale invasion of Ukraine, and fierce fighting was taking place around there. Russia, nonetheless, accused the Ukrainian soldiers of having destroyed the bridge through shelling with this purportedly “causing the state damages of no less than 214 million roubles”.
It is by no means certain that the three prisoners of war had anything to do with destroying the bridge, however such action would, in any case, constitute legitimate activities by Ukrainian forces defending Ukrainian territory against a foreign invader. Russia’s attempt to turn reality upside down and present this as somehow action against Russia may work in conjunction with draconian legislation for imprisoning those who tell the truth, but cannot change the facts. The latter make it quite clear that the three Ukrainians have received horrific 16-year ‘sentences’ for carrying out their duty, both as military servicemen and as Ukrainians, to defend their country.
Oleksiy Kyrkalov
The ZMINA Human Rights Centre reported a second ‘sentence’ against Ukrainian POW Oleksiy Kyrkalov on 23 September, citing Russia’s prosecutor general as source. Kyrkalov (b. 02.06.1996) is a solder from the Azov Regiment who was taken prisoner while defending Mariupol in the first half of 2022. The ‘sentence’ was passed by an occupation ‘court’ in Donetsk, with Kyrkalov accused of robbery, stealing other’s property and of ill-treatment of civilians. It was claimed that, on 15 March 2022, he and other soldiers had threatened two civilians and seized their car, with this allegedly resulting in damages of 590 thousand roubles. He was ‘sentenced’ by this unrecognized ‘court’ to 18 years maximum-security imprisonment.
It is unclear whether the screenshot posted by ZMINA was from a new report, or from Russia’s first judicial travesty against Kyrkalov. What is certain is that all such videos in which a Ukrainian civilian or POW is shown facing a supposed interrogator, whose face cannot be seen and reeling off a ‘confession’ are obtained through torture and / or other forms of duress. We know from essentially all prisoners of war or political prisoners who have later been released, or at least allowed an independent lawyer, that the victims are forced to learn such ‘confessions’ off by heart, with some made to recite more than one version of the ‘confession’.
On 23 May 2023 the same fake ‘DPR court’ sentenced Kyrkalov to life imprisonment. It was claimed that he had, on 15 April 2022, taken a Russian soldier who was handcuffed and blindfolded, out of a basement and had shot him three times, killing him on the spot.
Any killing of a prisoner of war who was bound and not posing a threat would constitute a likely war crime for which even a prisoner of war can be held answerable. This must, however, be in a court of law, with the person having every possibility for defending him/herself, and not a ‘sentence’ announced post-fact, after a secret ‘trial’ by a kangaroo court. The very fact that Russia is using such an illegitimate structure with no access to international monitors suggests that the charges and Kyrkalov’s supposed ‘testimony’ do not bear any scrutiny.
Other conveyor belt ‘sentences’ from the same illegitimate ‘DPR supreme court’. Judging by the photos provided by the Russian prosecutor general or Investigative Committee, each was based on ‘a confession’ extracted while the person was held incommunicado.
On 13 September, Artem Synelnikov was ‘sentenced’ by the occupation ‘DPR supreme court’ to 27 years’ imprisonment. He was accused of ill-treatment of civilians and ‘murder’ with the charges seemingly based solely on his allegedly ‘full confession’. The same was almost certainly true of the 27-year sentences passed on 12 September against Yevhen Nazarovsky and Mykhailo Sukhaniuk, two other soldiers from Azov Regiment who were seized while defending Mariupol.
There are no grounds for suspecting more justification for the 24-year sentence passed against Oleksandr Malovychko on 11 September.
On 2 September, Russia’s Investigative Committee reported a 22-year sentence passed by the same fake ‘court’ against Oleh Plotnikov, a marine imprisoned since 2022.
On 3 September, the same body ‘sentenced’ Serhiy Rudyk from the Azov Regiment to 18 years’ maximum-security imprisonment.