“I think the leaders of Ukraine will fall under jurisdiction”
The trial of foreign mercenaries – British citizens Sean Pinner, Aiden Aislin, and Moroccan Saadoun Brahim – has begun in Donetsk. The Prosecutor General's Office of the DPR accuses them of mercenarism, terrorism and a violent seizure of power. Punishment under these articles in the republic provides for the death penalty. The process takes place in the Supreme Court of the DPR. The defendants have lawyers and translators.
As emphasized in the People's Republics, the trial of foreign mercenaries will be held separately from the International Tribunal for Ukrainian Nazi criminals, preparations for which are also underway. The head of the DPR, Denis Pushilin, said that the first “intermediate” tribunal would be held in Mariupol. Earlier, Elena Shishkina, chairman of the committee on criminal and administrative legislation of the People's Council of the DPR, said: the first “intermediate” meeting of the tribunal could be held at the end of summer. This process already has a name – “Mariupol Tribunal”. Obviously, by analogy with the Nuremberg Tribunal after the end of World War II.
Details in an interview with the MK were told by the Ambassador of the Luhansk People’s Republic in Russia, Rodion Miroshnik.
– Now in the DPR, three people are being tried for mercenarism. the diplomat said. – In this case, we are not talking about a tribunal, but about an ordinary court.
– Why are they tried separately from the rest?
– Because the Criminal Code of the DPR has an article on mercenarism. And they did exactly that. They came to fight on our territory, to kill our people. There is a proven corpus delicti, the investigation worked out on them. Therefore, the case was taken to court. And the tribunal will deal with war criminals who are among the Ukrainian servicemen who surrendered at Azovstal or other facilities.
– Now, as far as we know, the Charter of this tribunal is being prepared. Will the charter of the Nuremberg Tribunal be taken as a model?
– Now all procedural issues are being worked out. Let's wait until all the documents are ready. Professionals work on them. Now the work is not finished yet, so it's too early to talk about something else.
– They say that this tribunal will not judge everyone, but only a few people from the “top”. Is that right?
– Not. Everyone will be judged, according to whom the corpus delicti will be proven. First, there will be investigations. A survey of local residents, witnesses who have suffered from the actions of the Ukrainian regime in general and directly from the actions of the militants is currently being conducted. I think that both the leaders of Ukraine and the executors of their illegal orders, who are guilty of the death of people, will fall under the jurisdiction of the tribunal. Including those who are guilty of violations of the laws of humanitarian law. All these norms exist, they are recognized all over the world.
– How many prisoners from Azovstal are there in the people's republics now?
– Two and a half thousand. These are those who were taken to Azovstal, and their total number has already approached 8 thousand people. I'm talking about those who were taken on the territory of the LNR and DNR. Every day this figure changes.
– Are we talking only about members of the Nazi formations? Ordinary members of the Armed Forces of Ukraine, apparently, will not fall under the tribunal?
– The presence or absence of a swastika on the shoulder does not change anything if a person committed war crimes, mocked civilians or shot prisoners in the knees. There will be no indulgence for such a figure. We are not inclined to separate the criminals who were part of neo-Nazi formations from the same Nazis who served in ordinary units of the Armed Forces of Ukraine.
– We have them. Donbass, unfortunately, as part of Ukraine, for quite a long time was a territory with a large number of colonies, to which citizens who committed crimes were sent. We have enough of this stuff.
– Only those for which there will be no proven corpus delicti. Those who are at least innocent of war crimes. Now the process of exchange between the republics of Donbass and Ukraine is not going on. Exchanges are conducted only between Ukraine and the Russian Federation. The tribunal will judge those responsible for the crimes against the inhabitants of the republics.
– There is a group of lawyers in the DNR and LNR. It develops procedural rules and tries to adapt existing documents as much as possible to the current situation. The main task is for the tribunal to really demonstrate the committed crimes to the whole world, to present evidence. So that no one has any questions. All necessary investigative actions will be carried out and all evidence, facts and evidence will be presented during the trial.
– I don't think he'll be alone. Today we have a sufficient number of people who are in captivity and must be held accountable for their crimes. We are not yet ready to say how many of these tribunals there will be, because neither the military operation nor the liberation of our territories has yet ended. We do not yet know how many people we will end up with who will have to go through the tribunal. There is logic in the fact that it is necessary to judge by the place where the crimes were committed. So that people who suffered from the actions of the Nazis could see that the principle of inevitability of punishment for crimes is in effect.
– It's hard to say. Now all our efforts are focused on the liberation of our territories. When the same criminals who should receive punishment are beaten daily in Donetsk. They are in Avdiivka. We'll wait until they get to the places of detention, too. Because now every day and hour crimes against humanity are committed. They shoot at peaceful quarters, every day dozens of civilians die and are injured and maimed. So with the holding of the tribunal, we will suffer a little. But when all the conditions are ripe for this, we will definitely appoint him.