In the captivity of the "Wagners": Experiences of Ukrainian soldiers

Torture and extrajudicial executions of Ukrainian prisoners of war, attacks on civilians and closure of important infrastructure facilities on the territory of Ukraine. These are crimes committed by militants from the private mercenary army "Wagner". Human rights defenders of the Media Initiative for Human Rights (MIPL) managed to document a series of crimes. In their research report "Wagner Group. Beyond Responsibility", human rights defenders collected testimonies of Ukrainian soldiers released from "Wagner" captivity. The document was presented during the international conference "Global Crimea. Understanding Ukraine through the South", which was held in Kyiv from October 14 to 16.

 

Own "exchange fund" of "Wagner"

In an interview with DW, the representative of the Media Initiative for Human Rights, Tetjana Katrichenko, points out that for the first time, human rights defenders were able to interview Ukrainian soldiers who were captured by the "Wagners" and released as a result of the exchange. According to the human rights activist, this was made possible because "Wagner" changed its practice. Earlier, fighting in Ukraine and other countries, "Wagners", as a rule, did not capture anyone, but immediately killed those who were captured, says Katrichenko. According to MIPL, PMK "Wagner" has been fighting in Ukraine since 2014. After the invasion of the Russian Federation, "Wagners" began to be arrested more and more often by members of the Armed Forces of Ukraine, which, as human rights defenders point out, prompted "Wagner" to create its own "exchange fund".

"There is evidence that from September 2022 to May 2023, the "Wagner" group captured Ukrainian soldiers for further exchange. They themselves processed the prisoners, compiled lists and handed them over for exchange," says Katrichenko.

According to the human rights activist, the arrested soldiers testify that the "Wagners" only had a request for a certain number of prisoners: "Others were brutally killed."

Shocking evidence of the treatment of "Wagnerians" towards prisoners of war

A soldier of the 17th Tank Brigade of the Armed Forces of Ukraine (AFU), quoted in the MIPL report, witnessed the mass execution of Ukrainian prisoners of war. According to him, he was one of the three who remained alive that day.

"There were 20 of us in position, there was no help, the ammunition was running out, we were surrounded. They kept me separated somewhere between five and 10 meters from the others who were together. At that moment, I heard a burst of automatic weapons. I turned and saw four of them standing

and shooting at our guys. They, as they said, "zeroed" them, according to the MIPL report, the statement of a Ukrainian military officer.

In general, human rights defenders interviewed more than a dozen soldiers who were held captive by the "Wagners" for their report. The communication was not carried out immediately, but after a certain period of time had passed after their release, because they were badly injured and needed a long time to rehabilitate. All interviewees spoke of shocking torture by militants.

Another soldier, mentioned in the MIPL report, said that during his imprisonment the "Wagners" threatened to cut off his head. According to the former prisoner, the militants showed him the heads of two executed Ukrainian soldiers.

"This is not the only case when the "Wagners" showed the severed heads of Ukrainian soldiers," the human rights defender's report emphasizes.

Bring the Russian leadership to justice

According to Katrichenko, the facts collected by the MIPL already have clear signs of war crimes and require a comprehensive investigation, including at the international level, in order to bring the perpetrators to justice.  

"The crimes of the "Wagners" have not yet been investigated, the culprits have not been named, not only because the "Wagners" hide their faces under masks, but primarily because "Wagner" tries to act as a separate group without a defined status. But we know: the war in Ukraine showed that "Wagner" operates under the control of the Russian Federation, and the Kremlin is responsible for all these crimes of "Wagner", says Katrichenko.

According to the human rights activist, from September 2022 to June 2023, according to MIPL calculations, there were at least 11 prisoner exchanges with the "Wagners". Mainly in the Bakhmut area.

"PMC "Wagner" betrayed those it held captive, and in return received not only "Wagners", but also representatives of the regular army of the Russian Federation, which further testifies to the permanent strong connection of the "Wagner" group with the Russian armed forces," says Katrichenko .

Ukrainian defenders of human rights draw attention to the fact that the President of the Russian Federation Vladimir Putin himself confirmed the connection of the Russian state with PVK "Wagner", stating that this group is financed from the state budget of the Russian Federation.

 

The responsibility of the head of the Kremlin is possible

But is it possible to bring the top leadership of Russia, including Russian President Vladimir Putin, to justice for the crimes committed by the "Wagner" militants? Kyiv expert on international law Maksim Timochko believes that international law has legal levers for this and Ukraine should use them. As Timochko noted in an interview with DW, there are many confirmations that "Wagner" works under the control and instructions of the Russian leadership. And this means, the lawyer continues, that Russian military commanders can be held responsible for the commission of war crimes by members of this "private military company". Timochko also reminded that war crimes are the most serious violations of the Geneva Conventions from 1949 and there is no statute of limitations for these crimes.

 

As Tymochko noted, there are relevant articles in the Criminal Code of Ukraine that enable the prosecution of individuals for committing international crimes, such as genocide, war crimes, crimes of aggression, etc.

"The national criminal legislation also foresees responsibility for organizing, financing and participating in a terrorist organization, which can be applied to the members of "Wagner" and to persons who help them," Timochko said.

The lawyer advises not to exclude the possibility of international criminal prosecution of "Wagner". First, the International Criminal Court in The Hague can prosecute the military commanders and heads of this organization. Second, so-called "universal jurisdiction" applies to international crimes, which means that every state has the right to prosecute a person for committing a war crime or genocide, regardless of where the crime was committed. Third, states have the right to recognize the PMC as a terrorist organization, as the United Kingdom recently did, and to prosecute anyone who participated in or otherwise facilitated its activities.

Timochko noted that it is important for Ukraine to apply the doctrine of "collective responsibility". This means that high commanders bear criminal responsibility for the international crimes of their subordinates, even if they did not give direct orders for the crime to be committed.

"For the political and military leaders of the Russian Federation to bear responsibility at the international level, it is enough to prove that they did not take measures to prevent these serious crimes and that they did not punish those guilty of committing them. As we know, Russian military commanders often condone the crimes of their subordinates and deliberately they close their eyes to them," commented Timochko.

Human rights defenders continue to collect testimonies

In the meantime, the Media Initiative for Human Rights announced that they plan to supplement their report on the crimes of "Wagner" members with new evidence, especially regarding the facts about the murders or torture of civilians. At the same time, human rights defenders admit that for now they can only do this from open sources, because human rights defenders do not have access to the occupied Ukrainian territories, where members of the "Wagners" were present. Therefore, I still cannot verify and confirm people's accounts of the abuse of civilians collected from open sources.