It's not a war crime if you win the war...
by Kirill Velesov
[REGNUM] In Russia, the cases of Ukrainian war criminals continue to be considered. On October 2, the next case was submitted to the Supreme Court of the DPR for consideration on the merits. 30-year-old Denis Khmelevsky will sit in the dock.
In March 2022, when Ukrainian forces were just beginning to defend Mariupol, he fought as part of Azov (a terrorist organization banned in the Russian Federation). Khmelevsky held the position of senior machine gunner of a separate special forces unit. The DPR prosecutor's office established that the nationalist gave one of the servicemen a criminal order to kill two local residents. They were shot in the entrance of a building on Moskovskaya Street, the townspeople died on the spot.
Khmelevsky is far from the first Ukrainian militant or regular army serviceman to be held accountable in the DPR for crimes in Mariupol. The day before, the republic's Supreme Court sentenced three marines from the 36th separate brigade of the Ukrainian Armed Forces to lengthy prison terms: 40-year-old Eskender Kudusov, 34-year-old Dmitry Braiko, and 25-year-old Bogdan Potapov.
The trio was found guilty under two articles: the murder of two people committed by an organized group, motivated by political and ideological hatred, and cruel treatment of civilians in the occupied territory. In April 2022, Potapov was at a position set up at the Ilyich Metallurgical Plant. While conducting surveillance, he noticed two civilians crossing a railway bridge. Potapov reported this by radio to Kudusov and Braiko, who gave the order to shoot the people, which Potapov did. Two people were killed.
According to the court's decision, all three will spend almost 30 years in a maximum security penal colony: Potapov and Braiko - 28, Kudusov - 29.5 years.
NEW FACTS - NEW CRIMES
It happens that Ukrainian war criminals get sentences, but over time, facts about other crimes they committed are revealed. This happened to Leonid Onupko, the commander of a company of a separate battalion of naval infantry of the same 36th brigade.
In mid-October 2023, the Supreme Court of the DPR sentenced him to life imprisonment. The prosecution proved that 46-year-old Onupko, being a captain at the time, participated in military operations in Mariupol and gave the order to open fire on a group of civilians - 10 people were killed.
All this took place in the area of ​​the Ukrainian Armed Forces stronghold, which was nicknamed "Kadyk". It received this name because the Ukrainian military equipped their positions on the territory of a former kindergarten on Yasnopolyanskaya Street in the village of Mirny in Mariupol. It was established that one of Onupko's tasks was to prevent the evacuation of civilians, who were used by the Ukrainian Armed Forces and the "Azov" as a "human shield".
While in the "Garden", Onupko and his subordinates periodically detained civilians, after which they reported this to the higher command. Often, orders came from the higher command to get rid of the detainees.
Onupko's attempts to shift all the blame to other officers in court were unsuccessful for him. The court sentenced him to life imprisonment.
More than a year later, the former Marine captain was brought to the Supreme Court again. In late September, the case of another Marine, Alexander Malovichko, was heard there. In March 2022, he killed a civilian walking along Altayskaya Street in Mariupol with a sniper rifle. As the investigation found out, he received the order from Onupko. As a result, Malovichko received 24 years in a maximum security penal colony, and Onupko received another life sentence.
What are people most often judged for?
Ukrainian soldiers are being punished not only for killing civilians. Last month, three artillerymen from the 55th separate artillery brigade of the Ukrainian Armed Forces heard their sentences.
As established by the Supreme Court of the DPR, in February 2022, 31-year-old Daniil Vereshchaka, 24-year-old Artem Batyuta and 23-year-old Artur Sharamok were in a firing position from which they fired high-explosive fragmentation shells at the Slavyansk-Donetsk-Mariupol bridge, which is a critical infrastructure facility. As a result of the shelling, the bridge was significantly damaged, the damage amounted to 214 million rubles.
The court sentenced the three defendants to 16 years of imprisonment in a maximum security penal colony.
In general, most of the criminal cases involving Ukrainian military personnel in the DPR and LPR are related to the murder of civilians. Especially many such cases are being considered regarding the events in Mariupol in 2022. The defendants in them are both career military personnel and representatives of neo-Nazi formations such as Azov.
Another common type of criminal case concerns Ukrainian Armed Forces servicemen involved in shelling civilian cities. This mainly concerns populated areas in Donbass, including episodes that have taken place since 2014.
And the third conditional group is military personnel who were members of neo-Nazi organizations. If they have no direct connection to war crimes, they are tried for participation in terrorist communities.
IDEOLOGICAL NEO-NAZI VOLUNTEERS
Criminal cases against Ukrainian military personnel are being heard not only in the DPR and LPR, but also in other Russian courts.
In September of this year, the Southern District Military Court of Rostov-on-Don heard the case of a fighter of the Aidar battalion (a terrorist organization whose activities are banned in the Russian Federation) Dmitry Kistion. As a "volunteer", he participated in military operations against the Donetsk and Lugansk People's Republics since 2015.
Some time ago, he was detained by border guards and Russian special services in the Kursk region. A criminal case was opened against the militant under the article on participation in a terrorist organization. The court found him guilty and sentenced Kistion to 5.5 years in prison.
In March, the same court sentenced Ukrainian Armed Forces serviceman Dmitry Yevgan to 20 years in prison. He joined the Ukrainian army voluntarily back in 2017. In the spring of 2022, Yevgan took part in military operations in Donbass.
The court established that on April 7 of that year, the defendant was in a shelter that also housed a prisoner of war room. At some point, Yevgan decided to kill a DPR fighter who was there, stabbing him several times with a bayonet. The wounded prisoner survived and was later freed by his fellow soldiers. The would-be killer was caught and brought to trial. He will spend the next 20 years in a penal colony for attempted murder.
The "Azov" members are also being tried in Rostov-on-Don. In July, the District Military Court sentenced Ukrainian citizen Ivan Chernenko, who joined this formation in 2020, to 18 years in prison. He ended his inglorious combat career in May two years ago, when he was captured. In addition to participating in a terrorist community, he was accused of undergoing training for the purpose of carrying out terrorist activities.
Nationalists from the Right Sector (a terrorist organization banned in the Russian Federation) also end up in the dock in Russian courts. One of these criminals is Dmitry Lisovets. He is also an ideological neo-Nazi who fought against the LNR and DNR militias long before the start of the SVO.
He joined the Right Sector no later than June 2016, in the village of Yuryevka in Donbass. Lisovets was assigned to the assault unit of the 8th separate battalion "Aratta", where he underwent training.
He was then sent to the Volnovakha district, to the village of Shirokino. There he was engaged in the arrangement of fortifications, carried out surveillance, and also took direct part in battles with the DPR People's Militia. Later he was sent to positions in the village of Vodyanoye.
Where and under what circumstances Lisovets was detained was not disclosed in court. It is only known that he was arrested by operatives of the Rostov Department of the UFSB. The court sentenced Lisovets to 16 years of imprisonment, three of which he will spend in prison, and the remaining term in a general regime penal colony.
RUSSIAN IN THE ARMED FORCES OF UKRAINE
In addition to Ukrainian citizens, servicemen of the Armed Forces of Ukraine who hold Russian passports are also being tried in the Russian Federation.
Several months ago, one of these trials ended in the Supreme Court of the DPR. As the FSB Directorate for the Tver Region established, a native of this region moved to Ukraine, where he joined the local territorial defense. There, he rose to the rank of deputy chief of staff of one of the units.
The Russian took direct part in military operations against the Russian Armed Forces and was captured during one of the clashes on the territory of the LPR. The man was found guilty of treason and sentenced to 15 years in a maximum security penal colony with a year of restricted freedom after serving his sentence.