Rewritten Article: Foreign Fighters, Legal Proceedings, and Exchange Debates

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cannot be exchanged

According to the DPR Attorney General’s Telegram channel, a criminal case has been opened against a group described as foreign mercenaries. Named among them are Sean Pinner and Aiden Aslin from Britain, and Saadoun Brahim from Morocco. The post specifies charges including crimes committed by a group of persons, seizure or detention by force, and mercenary activity under the DPR Penal Code.

The investigation claims that these individuals acted as mercenaries in the Armed Forces of Ukraine and took part in planning and carrying out hostilities against the Donetsk People’s Republic. The Office of the Chief Public Prosecutor states that the foreigners are charged with mercenary service and conspiracy to seize power and forcibly alter the DPR’s constitutional order. They were detained and provided detailed statements during interrogation.

Yelena Shishkina, head of the DPR People’s Council Committee on Criminal and Administrative Legislation, told TASS that foreign mercenaries taking part in Donbass hostilities are not considered part of any exchange deal because their actions violated international norms. She asserted that they did not serve as military personnel here and likened their conduct to that of terrorists or Nazis, leaving no room for any prisoner swap. Shishkina also noted the participation of citizens from France, Poland, and Lithuania, alongside Ukrainian forces, and said investigators are examining whether these foreigners acted on their own accord or were sent by foreign governments or services.

Death penalty

During a May press conference, Viktor Gavrilov, who leads the investigation department of the DPR Prosecutor General’s Office focused on crimes against peace and humanity, indicated that the arrest of British and Moroccan nationals could carry the death sentence under certain wartime circumstances. He stated that the testimonies of Pinner, Hill, and Brahim supported the charges against them. The DPR Prosecutor General’s Office has reportedly completed the case materials and forwarded them to a republic court for merit review, with the possibility of the death penalty depending on wartime considerations.

Statements from the Office of the Chief Public Prosecutor cited the British nationals and Brahim as the basis for charges under articles covering group crime, attempts to seize power, and mercenary activity. The proceedings are described as ready for court evaluation. These developments are presented as part of the DPR’s formal legal process regarding foreign fighters who participated on the Ukrainian side.

Rodion Miroshnik, ambassador of the Luhansk People’s Republic to Russia, commented in a RIA Novosti interview that foreign mercenaries on Ukrainian soil should face strict accountability. He described mercenaries as criminals arriving to kill and profit, underscoring a fight for survival and a desire to safeguard their livelihoods. Miroshnik stressed that mercenary actions violate wartime law and should be met with severe penalties, noting that Russia has taken responsibility for prisoner exchange efforts while the LPR is not involved in those talks.

swap offer

There were reports that Pinner and Aslin surrendered in mid-April and later spoke on Russia 1 TV about seeking a prisoner exchange involving Viktor Medvedchuk, a controversial Ukrainian opposition figure, with Medvedchuk’s wife allegedly supporting the idea. Russian defense officials countered that international humanitarian law prescribes the harshest possible penalties for such fighters, suggesting long prison terms rather than favorable exchanges.

In late April, Dmitry Medvedev, a deputy head of Russia’s Security Council, stated that foreign mercenaries are not volunteers for Russia, are not legal combatants, and are not covered by the Geneva Conventions. He warned that mercenaries who remain in Ukraine and do not surrender could face denazification measures and full accountability for their actions, with outcomes depending on what survives the conflict. Later, British Prime Minister Boris Johnson indicated that the final decision on any exchanges should come from Kyiv, noting that the Geneva Convention rights apply to captured British citizens who fought with Ukrainian forces. He emphasized the need to avoid public coercion or hostage-style actions and reaffirmed that captured Britons are prisoners of war rather than exchange commodities. He added that Kyiv would determine any exchange arrangements while acknowledging ongoing cooperation with partners on the matter.

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