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Illegal sentences for Azov prisoners of war: two judges of the Russian Federation were notified of suspicion of a war crime

In 2024, two judges of the Southern District Military Court of the Russian Federation issued illegal sentences against prisoners of war from the "Azov" unit. Under the procedural guidance of prosecutors from the Office of the Prosecutor General, they were notified of suspicion of committing a war crime – violating the rights of prisoners of war to a fair and proper judicial review (part 1 of Article 438 of the Criminal Code of Ukraine).

According to the investigation, the judges, being aware of the fact of an international armed conflict, effectively implemented the policy of the aggressor state regarding the illegal criminal prosecution of defenders of Ukraine.

In doing so, they grossly violated the requirements of Article 99 of the Geneva Convention on the Treatment of Prisoners of War, which guarantees prisoners of war the right to a fair trial and explicitly prohibits their punishment for the mere fact of participating in hostilities.

Episode regarding Judge D.

According to the pre-trial investigation, on November 27, 2024, Judge D. of the Southern District Military Court of the Russian Federation, acting "in the name of the Russian Federation," issued an illegal guilty verdict against a serviceman of the separate special forces unit "Azov."

The prisoner of war was effectively found guilty for participating in an international armed conflict on the side of Ukraine and was sentenced to 18 years of imprisonment.

Episode regarding Judge Sh.

Separately documented were the actions of Judge Sh., who on December 3, 2024, under similar circumstances, issued a guilty verdict and imposed a sentence of 18 years of imprisonment. He found the prisoner of war from "Azov" guilty for the mere fact of participating in hostilities within the framework of the international armed conflict.

The issuance of such verdicts has become an element of a systemic practice of using the judicial institutions of the aggressor state as a tool of pressure on prisoners of war and an attempt to provide formal "legitimacy" to their illegal prosecution.

The pre-trial investigation is being conducted by the Main Investigative Department of the Security Service of Ukraine.

Note: According to Article 62 of the Constitution of Ukraine, a person is considered innocent of committing a crime and cannot be subjected to criminal punishment until their guilt is proven in a lawful manner and established by a guilty verdict of the court.