Las Vegas Review-Journal (Sunday)
Russian soldier is first to face war crime trial
He is alleged to have killed unarmed man
KYIV, Ukraine — A 21-year-old Russian soldier went on trial Friday in Kyiv for the killing of an unarmed Ukrainian civilian, marking the first war crime prosecution of a member of the Russian military from 11 weeks of bloodshed in Ukraine.
The soldier, a captured member of a tank unit is accused of shooting a 62-year-old Ukrainian man in the head through an open car window in the northeastern village of Chupakhivka during the first days of the war.
Scores of journalists and cameras packed inside a small courtroom at the Solomyanskyy district court in Ukraine’s capital, where the suspect, Sgt. Vadim Shyshimarin, sat in a glassed-off area with a shaved head wearing a blue and grey hoodie and sweatpants.
He faces up to life in prison under a section of the Ukrainian criminal code that addresses the laws and customs of war. Ukraine’s top prosecutor, with help from foreign experts, is investigating allegations that Russian troops violated Ukrainian and international law by killing, torturing and abusing possibly thousands of Ukrainian civilians.
Friday’s hearing in Shyshimarin’s case was brief. A judge asked him to provide his name, address, marital status and other identifying details. He also was asked whether he understood his rights, quietly replying “yes,” and if wanted a jury trial, which he declined.
The judges and lawyers discussed procedural matters before the judges left the courtroom and then returned to say the case would continue on Wednesday.
Defense attorney Victor Ovsyanikov acknowledged that the case against the soldier is strong but said the court would make the final decision over what evidence to allow. Ovsyanikov said Thursday that he and his client had not yet decided how he will plead.
After Friday’s hearing, Ovsyanikov said he was assigned to defend Shishimarin as a lawyer for the Center for Free Legal Aid. His client “certainly knows all the details” of what he’s accused of, Ovsyanikov said. The lawyer would not detail his defense strategy.
As the inaugural war crimes case in Ukraine, Shyshimarin’s prosecution is being watched closely. Investigators have been collecting evidence of possible war crimes to bring before the International Criminal Court in The Hague.
Prosecutor General Iryna Venediktova’s office has said it is looking into more than 10,700 potential war crimes involving more than 600 suspects, including Russian soldiers and government officials.
Many of the alleged atrocities came to light last month after Moscow’s forces ended their bid to capture Kyiv and withdrew from around the capital, exposing mass graves and streets and yards strewn with bodies in towns such as Bucha.
Volodymyr Yavorskyy, coordinator at the Center for Civil Liberties in Kyiv, said activists will monitor the Russian soldier’s trial to ensure his legal rights are protected. It can be difficult, he said, to maintain the neutrality of court proceedings during wartime.
“It is surprising that a suspect in war crimes has been found and the trial for him will take place. Charges of this kind are usually made in absentia,” he said. “This is a rare case when in a short time we managed to find a soldier who violated international rules of warfare.”
Russia is believed to be preparing similar trials for Ukrainian soldiers, Yavorskyy said.
Vadim Karasev, a Kyiv-based political analyst, said it’s important for Ukrainian authorities “to demonstrate that the war crimes will be solved and those responsible will be brought to justice.”