Dmytro Heneraliuk is a political prisoner

A Ukrainian soldier has been charged with involvement in a terrorist group

The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Dmytro Heneraliuk a political prisoner. Heneraliuk is being prosecuted on a charge of participating in a terrorist group for alleged service in Ukraine’s Donbas Battalion. Heneraliuk’s criminal prosecution violates his right to fair trial, as well as rights and freedoms guaranteed by the Geneva Convention on the Treatment of Prisoners of War. We demand that all criminal proceedings against Dmytro Heneraliuk be terminated and that his treatment be compliant with the norms of international law.

What are the charges against Dmytro Heneraliuk?

In May 2021, Dmytro Heneraliuk, a Ukrainian from the town of Starokostiantyniv in Khmelnytskyi region, was conscripted into the army. In November 2022, he signed a contract with the military. He initially served in the National Guard in Kyiv, before being deployed to the front lines, where he was captured on 8 February 2024.

Heneraliuk is accused of participating in a terrorist group (Article 205.4, Part 2 of the Russian Criminal Code) for allegedly enlisting in the Donbas Battalion, a special forces group, in January 2024.

Since August 2024, Heneraliuk’s trial has been ongoing in a military court in Rostov-on-Don. He faces up to 15 years’ imprisonment if convicted.

Why do we consider Heneraliuk a political prisoner?

Heneraliuk is not being prosecuted for any specific criminal actions but solely for his alleged military service. We do not know which particular unit of the National Guard or Ukrainian armed forces is being referred to by the so-called ‘Prosecutor’s Office of the Luhansk People’s Republic,’ or whether Heneraliuk actually served there. Regardless, the charge against him is unlawful. The decisions by the ‘Luhansk People’s Republic,’ the ‘Donetsk People’s Republic,’ or Russia to label certain Ukrainian military units as terrorist groups or organisations constitute a form of collective punishment of Ukrainian soldiers for fulfilling their military duties.

When such cases are considered in Russian courts, the defendant’s intention to participate in terrorist activities is never proven. The mere fact of serving in a unit is treated as participation in a terrorist group. Such ‘trials’ are held by the Russian authorities to create a false impression of the criminal nature of Ukraine’s efforts to defend its territorial integrity against Russian aggression. The politically motivated prosecution of Dmytro Heneraliuk is part of a propaganda campaign aimed at discrediting Ukraine and justifying the Russian invasion.

Heneraliuk’s criminal prosecution violates the provisions of the Geneva Conventions on the Treatment of Prisoners of War, which prohibit the prosecution of military personnel for their participation in hostilities during armed conflict. Both the investigative authorities and the court have grossly ignored these provisions.

A more detailed description of Dmytro Heneraliuk’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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