Russian soldier becomes the first to go on trial for war crimes in Kyiv after 'executing an unarmed 62-year-old man by shooting him in the head'
- Trial of Vadim Shyshimarin marks the first of a Russian soldier in Ukraine war
- He was a member of a tank unit, and allegedly shot a man through a car window
- Shyshimarin faces up to life in prison under Ukrainian law that addresses the laws and customs of war. His defence attorney acknowledged case was 'strong'
- It is expected that two other cases will be heard in court within the next few days
- As the inaugural war-crimes case, his prosecution is being watched closely
By CHRIS JEWERS FOR MAILONLINE and AP
PUBLISHED: 20:47 AEST, 13 May 2022 | UPDATED: 20:50 AEST, 13 May 2022
A Russian soldier has become the first to go on trial for war crimes in Kyiv after he allegedly executed an unarmed 62-year-old man by shooting him in the head.
The trial of 21-year-old Sergeant Vadim Shyshimarin marks the first time a member of the Russian military has been prosecuted for a war crime during the 11-week conflict.
Shyshimarin, a captured member of a tank unit, allegedly shot the man through an open car window in the northeastern village of Chupakhivka in the first week of war.
Scores of journalists and cameras packed inside a small courtroom at the Solomyanskyy district court in Kyiv, where the suspect appeared in a small glass cage wearing a blue and grey outfit.
He faces up to life in prison under the penalties spelled out in the section of the Ukrainian criminal code that addresses the laws and customs of war.
Ukraine's top prosecutor is investigating allegations that Russian troops violated Ukrainian and international law by killing, torturing and abusing possibly thousands of Ukrainian civilians.
The judges and lawyers in Shyshimarin's case discussed procedural matters briefly before the judges left the courtroom and then returned to say the proceedings would continue on another day.
Defense attorney Victor Ovsyanikov acknowledged that the case against the soldier is strong but said the final decision over what evidence to allow will be made by the court in Kyiv. Ovsyanikov said Thursday that he and his client had not yet decided how he will plead.
It is expected that two other cases will be heard in court within the next few days.
Unlike with Shyshimarin, the trial of Russian soldier Mikhail Romanov - accused of rape and murder in the Brovarsky region near Kyiv - will be tried in absentia.
The trial of 21-year-old Sergeant Vadim Shyshimarin (pictured on Friday) marks the first time a member of the Russian military has been prosecuted for a war crime during the conflict
Russian soldier Vadim Shishimarin, 21, suspected of violations of the laws and norms of war, arrives for a court hearing, amid Russia's invasion of Ukraine, in Kyiv, Ukraine May 13, 2022
Shishimarin faces up to life in prison under the penalties spelled out in the section of the Ukrainian criminal code that addresses the laws and customs of war
Shishimarin is accused of killing the civilian with a Kalashnikov rifle as he fled with four other soldiers in a stolen car in a village in Sumy on February 28, just days after Vladimir Putin ordered his troops into Ukraine on February 24.
The man was pushing a bicycle by the side of the road when he was shot in the head and 'died on the spot a few dozen metres from his home', the Ukrainian prosecutor general said. They said Shishimarin was ordered by a superior 'to kill a civilian so he would not report them to Ukrainian defenders.'
Investigators have collected evidence of his involvement, finding him 'in violation of the laws and customs of war combined with premeditated murder'.
Iryna Venediktova, the prosecutor general, said: 'Shishimarin is actually physically in Ukraine. We are starting a trial not in absentia but rather directly with the person who killed a civilian, and this is a war crime.'
The Security Service of Ukraine, known as the SBU, posted a short video on May 4 of Shyshimarin speaking in front of camera and briefly describing how he shot the man. The SBU described the video as 'one of the first confessions of the enemy invaders.'
'I was ordered to shoot,' said Shyshimarin, wearing a blue and gray hooded sweatshirt. 'I shot one (round) at him. He falls. And we kept on going.'
Shishimarin is accused of killing the civilian with a Kalashnikov rifle as he fled with four other soldiers in a stolen car in a village in Sumy on February 28, just days after Vladimir Putin ordered his troops into Ukraine on February 24
Prosecutors say Shishimarin was ordered by a superior 'to kill a civilian so he would not report them to Ukrainian defenders'
Ukrainian video blogger Volodymyr Zolkin appeared to interview Shishimarin in a YouTube video posted on March 19, according to the Washington Post.
In the clip, the alleged killer said his unit was told they would be taking part in military exercises in southwestern Russia 200 miles from Ukraine in January.
He was later captured when his column was surrounded while they tried to return wounded soldiers to Russia. The footage then shows Shishimarin calling his father, saying: 'They treat us well here.'
The father then tells Zolkin: 'He is just a soldier. I don't think he knew where he was going. You say he invaded, and we are told that they were defending the country. He didn't know. He was told to. You hear one thing and we another.'
The clip ends with Shishimarin urging fellow Russians to not join the war effort and protest instead.
Kyiv has repeatedly accused Russian troops of committing atrocities since the invasion began on February 24. Russian shelling has targeted schools and hospitals, with thousands of civilians feared killed in the brutal campaign.
There are also allegations of mass rape, torture and execution being carried out by Putin's forces while the occupied Ukrainian towns in the Kyiv region.
Scores of journalists packed inside a small courtroom at the Solomyanskyy district court in Kyiv, where the suspect appeared in a glass cage wearing a blue and grey outfit
Russian soldier Vadim Shishimarin, 21, suspected of violations of the laws and norms of war, sits inside a defendants' cage during a court hearing, amid Russia's invasion of Ukraine, in Kyiv, Ukraine May 13, 2022
As the inaugural war-crimes case in Ukraine, Shyshimarin's prosecution is being watched closely.
Prosecutor General Iryna Venediktova's office has said it is looking into more than 10,700 potential war crimes involving more than 600 suspects, including Russian soldiers and government officials.
Many of the alleged atrocities came to light last month after Moscow's forces ended their bid to capture Kyiv and withdrew from around the capital, exposing mass graves and streets and yards strewn with bodies in towns such as Bucha.
Volodymyr Yavorskyy, coordinator at the Center for Civil Liberties in Kyiv, one of Ukraine's largest human rights groups, said activists will monitor the Russian soldier's trial to ensure that his legal rights are protected. It can be difficult, he said, to maintain the neutrality of court proceedings during wartime.
The observance of the trial's rules and norms 'will determine how similar cases will be handled in the future,' Yavorskyy said.
Vadim Karasev, an independent Kyiv-based political analyst, said it's important for Ukrainian authorities 'to demonstrate that the war crimes will be solved and those responsible will be brought to justice in line with international standards.'
The town of Bucha in the outskirts of Kyiv revealed a scene of horrors after it was recaptured by Ukraine, with mutilated civilian corpses lining the streets.
Venediktova's office has said it has received reports of more than 10,000 alleged war crimes, with 622 suspects identified.
The Russian invasion has sparked an exodus of nearly six million civilians, many of whom bear accounts of torture, sexual violence and indiscriminate destruction.
The UN Human Rights Council is due to hold a special session on Ukraine on Thursday.
Moscow has focused on eastern and southern Ukraine since it failed to take Kyiv in the first weeks of its campaign.
Ukraine's forces were boosted by what Kyiv described as the recapture of four villages around the northeastern city of Kharkiv, close to the border with Russia.
In the Russian city of Belgorod, around 43 miles from Kharkiv, authorities said one person was killed and six injured by Ukrainian shelling.
Belgorod governor Vyacheslav Gladkov said it was 'the most difficult situation' facing the border region since Russia sent its troops into Ukraine 11 weeks ago.
Authorities in Russian regions bordering Ukraine have repeatedly accused Ukrainian forces of launching attacks. In April, Gladkov said Ukrainian helicopters carried out a strike on a fuel storage facility in Belgorod.
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Russian soldier becomes the first to go on trial for war crimes in Kyiv
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