Denys Muryha is a political prisoner
A former Ukrainian soldier has been sentenced to 16 years’ imprisonment for serving in the Aidar Battalion
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Denys Muryha a political prisoner. Muryha was prosecuted and convicted on charges of participating in an illegal armed formation on the territory of a foreign state and training for terrorism on account of his military service in the Aidar Battalion in 2015. Muryha’s criminal prosecution and conviction violate his right to fair trial and contradict the provisions of the Geneva Conventions on the treatment of prisoners of war and civilians during conflict. We demand the immediate release of Denys Muryha and that all criminal charges against him be dropped.
What were the charges against Denys Muryha?
Denys Muryha, aged 40, was born in Crimea. He later studied firefighting in Kharkiv and worked as part of the emergency rescue unit of the Ukrainian Ministry of Emergency Situations in Rubizhne, Luhansk region, where intense fighting took place in March and April 2022.
On 31 March 2022, Muryha was detained in Rostov region. Law enforcement authorities claimed he had attempted to cross the border illegally, pretending to be a refugee. He was jailed for 12 days on an administrative-law charge of hooliganism. He was then transported to Rostov-on-Don, according to Muryha, with a sack over his head.
It was only one month later, on 18 May, that Muryha was officially remanded in custody on criminal charges of participating in an illegal armed formation (Article 208 of the Russian Criminal Code) and training for terrorism (Article 205.3). Muryha was essentially accused of having undergone training and serving in the Ukrainian Aidar Battalion.
On 20 June 2023, a military court sentenced Denys Muryha to 16 years in a strict-regime penal colony. The sentence was upheld on appeal.
Why do we consider Muryha a political prisoner?
Denys Muryha was convicted on a charge of participating in an illegal armed formation for his service in the Ukrainian Aidar Battalion. However, it appears that Muryha did not serve in the volunteer Aidar Battalion, which was disbanded in January–February 2015, but in the 24th Separate Assault Battalion of the Ukrainian Armed Forces, which was established on the basis of the Aidar Battalion in March 2015.
Even the witnesses for the prosecution did not claim that Muryha had served in the Aidar Battalion before its reorganisation. In fact, the main evidence against him was a ‘confession’ he made under duress before he was given a formal procedural status or had legal representation. The court refused to consider Muryha’s military service record as material evidence.
In any case, neither the volunteer Aidar Battalion nor the 24th Separate Assault Battalion of the Ukrainian Armed Forces can be considered ‘armed formations not recognised by Ukrainian law.’
Lawful military training, including in the use of weapons and explosives, should not be grounds for criminal prosecution. Furthermore, there is no basis to claim that Denys Muryha was trained in terrorism.
International law explicitly prohibits the prosecution of individuals solely for serving in a military formation. Criminal prosecution is only justifiable if an individual is accused of committing specific crimes, and Muryha has not been charged with any such crimes.
A more detailed description of Denys Muryha’s case and of our position is available on our website.
Recognition of an individual as a political prisoner does not imply the ‘Political Prisoners. Memorial’ human rights project agrees with, or approves, their views, statements, or actions.
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