As calculated by The Insider*, in July, 55 Ukrainian soldiers were convicted under «terrorist articles», in August — 39. The total number of convicted military personnel of the Armed Forces of Ukraine who participated in battles in the Kursk region has already exceeded 300 people. Ukrainian soldiers captured in occupied Ukrainian territories are also being tried intensively.
«Mediazona»** found that many prisoners are tried for the second, and some even for the third time, on the same charges. Journalists thoroughly studied 51 repeat cases against Armed Forces of Ukraine servicemen. Meanwhile, the prohibition of double jeopardy for the same act is enshrined in Article 50 of the Constitution and in part 2 of Article 6 of the Criminal Code.
The publication learned the names of 39 Ukrainian soldiers against whom two criminal cases were initiated. Six more prisoners have already had three cases initiated against them.
At least 26 Ukrainian soldiers were twice convicted by the «Supreme Court of the DPR», the narrative of the repeat cases considered in annexed Donetsk differs very little from the original charges. For example, prisoners are repeatedly charged with shelling the outskirts of Mariupol in the spring of 2022, only specifying the addresses of the affected buildings.
Thus, in Donetsk, sentences were handed down to ten «Azov» fighters who left the besieged «Azovstal» plant in Mariupol on May 18, 2022, and surrendered to the Russians by order of the command. Each of them was then tried for the second, and some even for the third time. In each new charge, they simply changed the districts of Mariupol.
Repeat cases against former «Azov» brigade fighters are often initiated under articles on «participation in a terrorist community» and «training for terrorism», essentially charging them with the mere fact of serving in the unit. «Mediazona» discovered 12 such cases. The charges in such cases often lack any specifics — it is only stated that the prisoner «acquired knowledge, practical skills, and abilities» or «voluntarily joined the ranks of [„Azov“], signing the appropriate contract». That is, prisoners from «Azov» and «Aidar» are charged with the fact that they served in the Armed Forces of Ukraine on the territory of the state of which they are citizens.
Despite the severity of the charges, the final punishment under the aggregate of sentences often increases the term by only a few years or even months. According to lawyers working with Ukrainian prisoners, a harsh sentence in such cases is not an end in itself. Law enforcement officers earn «points» and simultaneously solve a political task: to «justify the invasion» by shifting the blame for the death of civilians and the destruction of cities onto Ukrainian soldiers. One of the lawyers said that charges could be «piled on» due to various mediocrities, so that several departments could report on the work done. For example, Article 356 of the Criminal Code (prohibited methods of warfare) is under the jurisdiction of the Investigative Committee, and Article 205 (terrorist act) is under the jurisdiction of the FSB.
* Recognized in Russia as a «foreign agent» and «undesirable» organization.
** Recognized in Russia as a «foreign agent».