Source : the age
Foreign Minister Penny Wong says the Albanese government is appalled by the 13-year sentence in a Russian maximum-security prison handed to Australian Oscar Jenkins after he was convicted of fighting as a mercenary alongside Ukrainian forces.
The 33-year-old from Melbourne, captured in December last year while serving in Ukraine’s military, was found guilty by a court in the Russian-controlled Luhansk region of eastern Ukraine.
Oscar Jenkins appears before a Russia-controlled court in Luhansk on Friday.Credit: Prosecutor’s Office of the Luhansk People’s Republic
Russian authorities claimed Jenkins, a former biology teacher in China, was paid up to 800,000 rubles ($15,000) a month to participate in military operations against their troops in Ukraine. State-run media claimed he had “fully admitted his guilt”.
Wong condemned the outcome, saying: “The Australian government is appalled at the sham trial and 13-year sentence given to Australian man Oscar Jenkins.
“As a full serving member of the regular Armed Forces of Ukraine, Mr Jenkins is a prisoner of war.
“The Australian government has made clear to Russia that Mr Jenkins must be given the protections afforded to him as a prisoner of war. Russia is obligated to treat him in accordance with international humanitarian law, including humane treatment.”
Opposition home affairs spokesman James Paterson also labelled Jenkins’ sentence a “sham”, saying his treatment had been an “egregious” breach of international law.
Paterson said Jenkins was entitled to protections as a prisoner of war and said he hoped he was set free as part of a prisoner release exchange between Russia and Ukraine.
Jenkins, who was formally charged with mercenary activity in April, was shown in images and a video released by the prosecutor’s office standing in a glass cage, his hands behind his back and his expression despondent.
The court ruling, delivered on Friday, classified Jenkins’ actions as mercenary activity, meaning he was not entitled to prisoner-of-war protections under international law. He was ordered to be transferred to “a strict regime penal colony”. It is unknown whether he was provided with legal representation; such hearings have previously been referred to as “sham trials”.
Prosecutors claimed Jenkins arrived in Ukraine in February last year at the Ternopil recruiting centre, in western Ukraine, where, after training, he received uniforms, weapons and ammunition.
He was then sent to serve in the village of Shchurove in the Kramatorsk district.
They alleged he then fought against Russian forces in the Donbas region with the 402nd Separate Rifle Battalion, part of the 66th Separate Mechanised Brigade of the Armed Forces of Ukraine, until his capture near Makiyivka. The Kremlin maintains that foreign fighters in Ukraine are mercenaries, subject to criminal prosecution rather than the protections afforded to prisoners of war under the Geneva Convention.
Jenkins was filmed in December after his capture, bound and subjected to harsh interrogation by Russian forces.
In a video widely circulated online, he was shown being slapped and questioned about his role in the conflict and whether he was being paid to fight. The footage prompted international outrage and raised concerns over the treatment of foreign nationals in Russian custody.
Following reports that Jenkins had been killed while in captivity, the Australian government summoned the Russian ambassador in January to demand clarification.
However, new videos emerged in February showing Jenkins alive but visibly frail and possibly suffering from a broken arm. His appearance led to further concerns about his wellbeing while under Russian detention.
State media reported that during the trial, prosecutors blamed the Ukrainian Central Intelligence Agency for spreading “fake news” that Jenkins had been tortured and killed.
The Australian government has repeatedly called for Jenkins to be treated as a prisoner of war and afforded protections. Prime Minister Anthony Albanese said last month his government would continue to make representations to the “reprehensible regime” of Russian President Vladimir Putin on behalf of Jenkins.
“We will stand up and use whatever avenues we have at our disposal to continue to make those representations,” he said.
The prosecution argued Jenkins had signed a contract with the Ukrainian Defence Ministry that offered him substantial compensation for his services in the war against Russia.
Human rights groups have voiced concerns over the legality and fairness of the trial, and there is speculation that Jenkins could become part of a prisoner exchange between Russia and Australia.
The Russian branch of the International Committee for the Protection of Human Rights has previously said that Jenkins might be released as part of a swap involving Russian spies Kira and Igor Korolev.
Jenkins’ sentencing follows the conviction in March of British national James Scott Rhys Anderson, who was jailed for 19 years by a Russian military court for his involvement in the conflict. Anderson’s conviction marked the first such sentence for a British national since the start of the war.
The Department of Foreign Affairs and Trade has been approached for comment.
