The DPR ruled out the exchange of captured foreign mercenaries
The Prosecutor General's Office of the Donetsk People's Republic has opened a criminal case against three foreign mercenaries who fought on the side of the Ukrainian troops. They could face the death penalty. The DPR parliament stressed that two Britons and a Moroccan citizen are not subject to exchange, as they acted without compliance with international conventions.
They are not subject to exchange
As reported in the Telegram channel of the Prosecutor General's Office of the DPR, "a criminal case has been opened against a group of foreign mercenaries." Among them are British citizens Sean Pinner and Aiden Aslin, as well as a citizen of the Kingdom of Morocco, Saadoun Brahim.
"The criminal case was initiated on the grounds of crimes provided for in the second part of Article 34 (commission of a crime by a group of persons), Article 323 (forcible seizure of power or forcible retention of power) and Article 430 of the Criminal Code of the DPR (mercenary activity)," the report says.
The investigation found that all of them acted as mercenaries in the Armed Forces of Ukraine, "took part in the preparation and conduct of hostilities" against the Donetsk People's Republic.
"The arrested foreigners are accused of mercenary activities and the commission by a group of persons by prior agreement of actions aimed at forcibly seizing power and forcibly changing the constitutional order of the DPR," the Prosecutor General's Office of the republic clarified.
The department added that the accused foreigners are being held in custody, "give detailed testimony."
In turn, the chairman of the Committee on Criminal and administrative Legislation of the People's Council of the DPR, Elena Shishkina, told TASS that foreign mercenaries who took part in hostilities in the Donbass are not subject to exchange, since they acted without compliance with international conventions.
"They did not act here as military personnel. They acted here as terrorists, as Nazis, so there is no question of any exchange," she is sure.
According to her, the captured fighters of "Azov" also cannot be exchanged for anyone. In addition, citizens of France, Poland and Lithuania are participating in the fighting on the side of the Ukrainian troops. Shishkina said that investigators are finding out whether they came to Ukraine on their own, or whether they were sent by the special services and the governments of these countries.
Death penalty
On May 27, the head of the Investigation department for crimes against peace and Human Security of the investigative Department of the Prosecutor General's Office of the DPR, Viktor Gavrilov, said at a press conference that captured British citizens and a Moroccan could face the death penalty.
Gavrilov said that the testimony of Sean Pinner, Andrew Hill and Saadun Brahim confirmed their guilt.
"The Prosecutor General's Office of the DPR has completed the investigation of a criminal case against a group of foreign mercenaries from the UK and Morocco. The criminal case against the mercenaries who took part in the preparation and conduct of hostilities against the DPR has been fully formed. The case materials were transferred to one of the republican courts for consideration on the merits, as a result of which, taking into account wartime, the death penalty can be applied to the accused," he explained.
The Prosecutor General's Office of the Republic added that as a result of the testimony of British citizens Sean Pinner and Andrew Hill, as well as a citizen of the Kingdom of Morocco, Saadoun Brahim, their involvement in the commission of crimes under Part 2 of Article 34 of the Criminal Code of the DPR ("Commission of crimes by a group of persons"), Article 323 of the Criminal Code of the DPR ("Forcible seizure of power or forcible retention authorities") and Article 440 of the Criminal Code of the DPR ("Mercenary activity").
The Ambassador of the Luhansk People's Republic to Russia, Rodion Miroshnik, said in an interview with RIA Novosti on May 11 that all foreign mercenaries participating in hostilities on the side of Ukraine should be punished.
"We have a fairly unambiguous position on this. The mercenaries who came to our territory came to kill and earn money. We are waging a war for freedom and the opportunity to survive and build our lives. We consider foreign mercenaries who have arrived on our territory to be criminals who must be held accountable to the fullest extent of the law, and this is a very serious punishment for mercenary activity and for conducting criminal activities, violation of the laws of war," Miroshnik stressed.
He added that Russia took over the work on the exchange of prisoners, the LPR does not participate in this process.
Exchange offer
Britons Sean Pinner and Aiden Aslin surrendered in mid-April. Then, on the air of the Rossiya 1 TV channel, Pinner said that he and Aslin appealed to Prime Minister Boris Johnson with a request to assist in their exchange for the opposition Ukrainian politician Viktor Medvedchuk. The wife of the latter supported this idea.
However, the official representative of the Russian Defense Ministry, Major General Igor Konashenkov, said that, according to international humanitarian law, "the best thing that awaits them is a long term in prison."
On April 19, Deputy Chairman of the Russian Security Council Dmitry Medvedev wrote in his Telegram channel that for Russia, foreign mercenaries are "not volunteers."
"They are not legitimate combatants, the Geneva Conventions do not apply to them," Medvedev stressed.
According to him, "therefore, foreign mercenaries in Ukraine who will not surrender" to Russian troops, "together with their mentors" are subject to "denazification". "They will have to answer in full for their actions. Of course, if they stay alive," concluded the deputy chairman of the Security Council.
On April 26, British Prime Minister Boris Johnson said that Kiev should make a decision on the exchange of British citizens who fought on the side of Ukraine and surrendered.
"We will do everything we can, but this decision is up to the Ukrainian side. We are working very closely on this. They have rights under the Geneva Convention. They should not be put in front of cameras, they should not be forced to record videos of hostages. This is a violation of their rights," Johnson said on Talk TV.
He added that "British citizens who fought on the side of the Ukrainian Armed Forces and who were caught are not hostages, they are not some kind of terrorists for exchange, they are prisoners of war."
Maria Shustrova
