Maksim Dmitrienko is a political prisoner
He has been sentenced to four years in a strict-regime penal colony for attempting to join the International Legion in Ukraine
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Maksim Dmitrienko a political prisoner. Dmitrienko has been convicted on a charge of preparing to participate in an illegal armed group on the territory of a foreign state, for purposes contrary to the interests of Russia, for attempting to join the Ukrainian armed forces. Dmitrienko’s criminal prosecution and conviction violate his right to a fair trial. We demand that Maksim Dmitrienko’s conviction be quashed and all criminal charges against him be dropped.
What were the charges against Maksim Dmitrienko?
Since 2018 Maksim Dmitrienko had been serving in the French Foreign Legion. According to the investigative authorities, following the start of Russia’s invasion of Ukraine, he decided to join the International Legion of the Ukrainian Armed Forces. Dmitrienko then travelled to Poland and attempted to enter Ukraine twice but was denied entry on both occasions because he had a Russian passport. He then decided to travel to Ukraine via Russia. After arriving in Moscow, he bought a ticket to Volgograd. On 25 March 2022, he was detained by police officers at the train station. Initially, Dmitrienko was jailed on an administrative-law charge of ‘anti-social behaviour.’ On 4 April, after his jail term had ended, he was detained by the FSB on a charge of preparing to participate in an illegal armed group on the territory of a foreign state not provided for by the law of that state and for purposes contrary to the interests of Russia (Article 30, Part 1, of the Russian Criminal Code in conjunction with Article 208, Part 2). Dmitrienko was remanded in custody.
On 22 December 2022, Maksim Dmitrienko was sentenced to four years’ imprisonment, with the first two years to be served in a cell-type prison and the remainder in a strict-regime penal colony.
Why do we consider Dmitrienko a political prisoner?
Maksim Dmitrienko was one of the first people to be convicted to a term of imprisonment for attempting to join the Ukrainian armed forces. At the time of his arrest, the offence of treason, which has since become the primary tool for prosecuting such cases, had not yet been amended to allow this. He was therefore prosecuted on a charge of preparing to participate in an illegal armed group on the territory of a foreign state for purposes contrary to Russia’s interests.
Nevertheless, even if Dmitrienko had genuinely intended to participate in the war on the side of Ukraine, there was no basis for the charge of preparing to join an illegal armed group on the territory of a foreign state for purposes contrary to the interests of Russia. The International Legion of the Ukrainian Armed Forces cannot be considered an ‘illegal armed group.’ This voluntary unit was established in February 2022 by decree of the Ukrainian president in response to the Russian invasion.
Under international law, Ukraine has an inalienable right to self-defence. Ukraine’s actions in defending itself against aggression, including the creation of units of the Ukrainian armed forces, are lawful and justified. It is equally lawful for citizens of other countries, including Russia, to support Ukraine in defending itself from aggression.
We do not believe that the activities of the International Legion run contrary to Russia’s interests. Rather, it is the unlawful decision of the Russian leadership to invade Ukraine that is truly at odds with Russia’s interests.
A more detailed description of Maksim Dmitrienko’s case and of our position is available on our website.
Recognition of an individual as a political prisoner does not imply the ‘Political Prisoners. Memorial’ human rights project agrees with, or approves, their views, statements, or actions.
How can you help?
You can donate to help all political prisoners in Russia.
