Russian soldier on trial in first Ukraine war-crimes case

May 12, 2022, 9:17 PM | Updated: May 13, 2022, 1:49 pm
Russian army Sergeant Vadim Shishimarin, 21, is seen behind a glass during a court hearing in Kyiv,...

Russian army Sergeant Vadim Shishimarin, 21, is seen behind a glass during a court hearing in Kyiv, Ukraine, Friday, May 13, 2022. The trial of a Russian soldier accused of killing a Ukrainian civilian opened Friday, the first war crimes trial since Moscow's invasion of its neighbor. (AP Photo/Efrem Lukatsky)

(AP Photo/Efrem Lukatsky)

KYIV, Ukraine (AP) — 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 wearing a blue and grey hoodie, sweatpants and a shaved head.

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 May 18.

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, Ovsyannikov 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, Ovsyannikov 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. Asked Friday about Shyshimarin’s case, Kremlin spokesman Dmitry Peskov said, “I don’t have any information about this trial and this incident.”

In the past week, prosecutor-general Venediktova, her office and the Security Service of Ukraine, the country’s law enforcement agency, posted a few details on social media from the investigation into Shyshimarin’s alleged actions.

On Feb. 28, four days after Russia invaded Ukraine, Shyshimarin was among a group of Russian troops that fled Ukrainian forces, according to Venediktova’s Facebook account. The Russians allegedly fired at a private car and seized the vehicle, then drove to Chupakhivka, a village about 200 miles east of Kyiv.

On the way, the prosecutor-general alleged, the Russian soldiers saw a man walking on the sidewalk and talking on his phone. Shyshimarin was ordered to kill the man so he wouldn’t be able to report them to Ukrainian military authorities. Venediktova did not identify who gave the order.

Shyshimarin fired his Kalashnikov rifle through the open window and hit the victim in the head.

“The man died on the spot just a few dozen meters from his house,” Venediktova wrote.

The Security Service of Ukraine, known as the SBU, posted a short video on May 4 of Shyshimarin speaking in front of camera and briefly describing how he shot the man. The SBU described the video as “one of the first confessions of the enemy invaders.”

“I was ordered to shoot,” Shyshimarin said. “I shot one (round) at him. He falls. And we kept on going.”

Vadim Karasev, an independent 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 in line with international standards.”

While the speed with which Shyshimarin was brought before a court is unusual for a nation at war, the case is not without precedent.

A Bosnian Serb soldier, Borislav Herak, was imprisoned by Bosnian army soldiers in November 1992 after inadvertently straying from Serb-held territory. During his interrogation and three-week March 1993 trial, he confessed to 35 killings and 14 rapes, and ultimately was convicted of genocide and crimes against civilians.

Herak was condemned to death. His initial death sentence was reduced to 20 years in prison after Bosnia abolished the death penalty.

Senad Kreho, who served as the president of a district military tribunal in Sarajevo in 1993, said Friday that putting war crimes suspects on trial while fighting is ongoing does not mean the justice system won’t work properly.

“Numerous subsequent reviews of (Herak’s) case by international and national legal experts found that he was given a fair trial,” Kreho said.

“The only change was that his sentence was reduced, but he served it in full,” he added.

The 1992-95 war in Bosnia, which pitted its main ethnic communities – Bosniaks, Croats and Serbs – against each other, killed 100,000 people, most of them civilians, and upward of 2 million, or over half of the country’s population, were driven from their homes.

___

Lardner reported from Washington. Sabina Niksic in Sarayevo, Bosnia, contributed.

___

Follow AP’s coverage of the war in Ukraine at https://apnews.com/hub/russia-ukraine

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
5 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
13 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
13 days ago
Tom Brundy points to a newly built irrigation canal on one of the fields at his farm Tuesday, Feb. ...
Associated Press

Southwest farmers reluctant to idle farmland to save water

There is a growing sense that fallowing will have to be part of the solution to the increasingly desperate drought in the West.
20 days ago
A young bison calf stands in a pond with its herd at Bull Hollow, Okla., on Sept. 27, 2022. The cal...
Associated Press

US aims to restore bison herds to Native American lands after near extinction

U.S. officials will work to restore more large bison herds to Native American lands under a Friday order from Interior Secretary Deb Haaland.
20 days ago
Children play in a dried riverbed in Flassans-sur-Issole, southern France, Wednesday, March 1, 2023...
Associated Press

Italy, France confront 2nd year of western Europe drought

ROME (AP) — Bracing for Italy’s second consecutive year of drought for the first time in decades, Premier Giorgia Meloni huddled with ministers Wednesday to start mapping out an action plan Wednesday, joining France and other nations in western Europe grappling with scant winter rain and snow. Meloni and her ministers decided to appoint an […]
22 days ago

Sponsored Articles

(Photo: OCD & Anxiety Treatment Center)...

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.
...
Fiesta Bowl Foundation

Celebrate 50 years of Vrbo Fiesta Bowl Parade magic!

Since its first production in the early 1970s, the Vrbo Fiesta Bowl Parade presented by Lerner & Rowe has been a staple of Valley traditions, bringing family fun and excitement to downtown Phoenix.
...
Day & Night Air Conditioning, Heating and Plumbing

Prep the plumbing in your home just in time for the holidays

With the holidays approaching, it's important to know when your home is in need of heating and plumbing updates before more guests start to come around.
Russian soldier on trial in first Ukraine war-crimes case