Serhiy Skydan is a political prisoner
The Ukrainian military serviceman has been sentenced to 18 years’ imprisonment for serving in the Aidar battalion
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Serhiy Skydan a political prisoner. Skydan has been convicted on charges of participating in a terrorist group, training in terrorism, and forcible seizure of power solely for serving in the Ukrainian military unit, Aidar. Skydan’s conviction and prosecution have violated his right to fair trial, as well as rights and freedoms guaranteed by the Geneva Convention on Prisoners of War. We demand that the criminal prosecution of Serhiy Skydan be stopped and that the Russian authorities comply with all relevant provisions of international law.
Who is Serhiy Skydan and what were the charges against him?
Serhiy Skydan, a citizen of Ukraine, served in the Ukrainian Aidar battalion. In June 2020, he was captured by forces of the Russian-backed DNR on the territory of Volnovakha district of Ukraine’s Donetsk Oblast.
On 5 March 2024, almost four years after his capture, a military court in Rostov-on-Don found Skydan guilty on charges of training for terrorist activities (Article 205.3 of the Russian Criminal Code), participation in a terrorist group (Article 205.4, Part 2), and violent seizure of power (Article 278). He was sentenced to 18 years in a strict-regime penal colony.
Why do we consider Skydan a political prisoner?
Serhiy Skydan was tried in 2024 under Russian law and found guilty of a ‘crime’ allegedly committed in 2020 on the territory of Donetsk Oblast. At that time, even from the point of view of Russian law, Donetsk Oblast was Ukrainian territory. Russia’s recognition of the self-proclaimed Donetsk and Luhansk People’s Republics and their subsequent annexation did not officially take place until 2022. This alone makes Skydan’s prosecution unlawful.
Skydan was not accused of any war crime. The ‘training for carrying out terrorist activities’ and ‘participation in a terrorist group,’ of which he was accused, were in reality part of his military service in the Aidar battalion, a regular unit of the Ukrainian armed forces, and therefore cannot entail criminal liability.
We consider both the 2016 decision of the DNR court to designate Aidar a terrorist group, and the similar designation of Aidar by the Russian military court that sentenced Skydan, to be illegitimate. Consequently, the terrorist charges for involvement in this unit were unlawful.
Nor were there any grounds for Serhiy Skydan’s prosecution on a charge of forcible seizure of power. He was effectively put on trial for participation in Ukraine’s legitimate military actions to restore constitutional order and repel military aggression on the territory of Ukraine’s Donetsk Oblast.
Putting prisoners of war on trial for the sole fact that they served in the army violates the provisions of the Geneva Convention. Therefore, Skydan’s trial is itself a war crime by the Russian authorities.
A detailed description of Serhiy Skydan’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.
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