The Supreme Court of the so-called Donetsk People's Republic,sentenced two Britons to death, Sean Pinner and Aideen Aslin, and the Moroccan, Saadun Brahim. The three, as Amnesty International recalls in a statement, were found guilty of being mercenaries and of "actions aimed at seizing power with violence and overthrowing the constitutional order". The three men were taking part in the fighting against Russia as members of the Ukrainian regular forces. They had been captured in May by Russian forces in Mariupol.
According to the laws of the republic, the sentence will be carried out by shooting. Pinner, Aslin and Brahim pleaded guilty to subversive and violent activities. For these crimes the laws of the DPR provide for the death penalty. Aslin also pleaded guilty under the "Training for Terrorist Activities" article. The military are accused by pro-Russians of being mercenaries but the families, according to the BBC, claim that they were part of the Ukrainian army; in a statement released earlier this week, Aslin's family said the young man has served in the Ukrainian marines for nearly four years and is not, contrary to Kremlin propaganda, a volunteer, mercenary or spy. It is more than likely that in this way Russia is using the process to put pressure on the UK and could ask for a prisoner swap for Russian soldiers convicted of murder and other war crimes by Ukrainian robes. There is a moratorium on the death penalty in Russia, but not in the territory it occupies in eastern Ukraine.
Denis Krivosheev, Amnesty's Deputy Director for Eastern Europe and Central Asia:
From many points of view we are witnessing a glaring violation of international law. The three men were part of the Ukrainian regular forces. As prisoners of war, under the Geneva Conventions, they are protected from prosecution if they have only taken part in hostilities. The only exception is war crimes proceedings. But, even in this case, there must be sufficient admissible evidence and a fair trial must be guaranteed. Here we are faced with a different case. The three men were not tried by an independent, impartial and properly constituted court. The so-called 'accusations' do not constitute war crimes. And what is even more outrageous, carrying out their death sentences following grossly unfair procedures would represent an arbitrary deprivation of their lives.
Depriving a prisoner of war, or other protected persons, of the right to a fair and fair trial is a war crime. Russia, as an occupying power, bears the responsibility of treating all prisoners of war and other persons deprived of their liberty. Russia must therefore ensure that these so-called convictions are immediately annulled and that the three prisoners are treated in full compliance with international humanitarian law.
British Prime Minister Boris Johnson said he was shocked by the death sentences imposed on the two Britons and ordered ministers to do everything in their power to secure their release. In this regard, the official spokesman for Downing Street released a statement testifying the position of the British government:
We condemn the false death sentence of these men. There is no justification for the breach of the protection to which they are entitled. Our priority is to work with the Ukrainian government to try to ensure their release as quickly as possible.
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References:
https://www.washingtonpost.com/world/2022/06/09/ukraine-foreign-fighters-death-sentence/
https://www.aljazeera.com/news/2022/6/9/foreign-fighters-sentenced-to-death-in-separatist-held