Russia jails soldier for 15 years for surrendering to Ukraine in first such prosecution: report

Russian Soldier Sentenced to 15 Years for Ukraine Surrender in Landmark Case

A Russian military tribunal has condemned a soldier to 15 years imprisonment for voluntarily surrendering to Ukrainian forces, marking Moscow’s first known prosecution of this kind, according to state-affiliated media. This case highlights the harsh penalties faced by Russian military personnel for surrender to Ukraine amidst the ongoing conflict.

Details of the Trial and Accusations

Roman Ivanishin, a serviceman hailing from Sakhalin Island in eastern Russia, was adjudicated guilty on Tuesday. The charges included desertion, voluntary capitulation, and attempted voluntary surrender when he allegedly yielded to Kyiv’s troops in 2023, as reported by Kommersant newspaper.

Ivanishin, who refuted all accusations, purportedly appeared in a video after his capture criticizing Russia’s invasion of Ukraine and urging fellow soldiers to desert.

Closed-Door Proceedings and Unclear Circumstances

The complete specifics surrounding the case and the charges against Ivanishin, a former miner and veteran of Russia’s Chechen wars, remain ambiguous due to the trial being conducted in secrecy.

Ivanishin was deployed as part of Moscow’s invasion force in 2022 and served within the 39th Separate Guards Motorized Rifle Brigade.

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Capture, POW Exchange, and Subsequent Arrest

The soldier was engaged in combat in Ukraine’s Donetsk region when he was captured on June 10, 2023. He spent approximately six months in captivity before being released as part of a prisoner of war (POW) exchange between Kyiv and Moscow.

Upon his return to Russia, the rifleman was apprehended and charged with voluntarily surrendering and deserting Russian armed forces, allegations he denies.

Defense Argument and Video Controversy

Ivanishin’s legal representation sought an acquittal, asserting a lack of evidence demonstrating any offense against Russia.

The authenticity of the video showing Ivanishin denouncing the war in Ukraine remains questionable, particularly whether it was recorded under duress following his capture.

Maximum Security Imprisonment

Following the guilty verdict, Ivanishin is slated to serve his 15-year sentence in a maximum-security penal institution.

Russia’s Stance on Voluntary Surrender

Subsequent to the Ukraine invasion, Russia enacted legislation criminalizing voluntary surrender, with penalties ranging from three to ten years of incarceration.

Legal Ambiguities and Soldier’s Predicament

Russian legal expert Alexander Pochuev has pointed out that the law contains significant loopholes, rendering it virtually impossible for a soldier to surrender “legally.”

“You can only be captured against your will — for example, in an unconscious or helpless state. And the burden of proving these circumstances lies on the fighter himself,” the lawyer stated to Kommersant.