Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk are political prisoners
Four Ukrainian prisoners of war have been sentenced to lengthy terms of imprisonment for serving in the Azov Regiment
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk political prisoners. The four Ukrainian prisoners of war were convicted on criminal charges of participation in a terrorist organisation and training for the purposes of terrorism solely for serving in the Azov Regiment. Their prosecution and conviction violated the right to a fair trial, as well as the rights and protections guaranteed by the Geneva Convention on the Treatment of Prisoners of War. We demand that the convictions of Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk be quashed and that their treatment be in full compliance with international humanitarian law.
What were the charges against Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk?
Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk are Ukrainian servicemen who served in the Azov Regiment and were captured by Russian forces at various points during the war. They were all prosecuted and convicted for having taken part in combat operations as members of the 12th Brigade of the Ukrainian National Guard, of which the Azov Special Forces Detachment (also known as the Azov Regiment) was a part.
The Russian investigative authorities treated their military service as both ‘training for the purposes of carrying out terrorist activity’ (Article 205.3 of the Russian Criminal Code) and ‘participation in a terrorist group’ (Article 205.4, Part 2). Between December 2024 and February 2025, the Southern District Military Court convicted all four men on these charges and sentenced them to lengthy terms of imprisonment. The precise length of their sentences is not publicly known.
Why do we consider Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk political prisoners?
Kapustian, Pavlenko, Bozhko and Pedasiuk were convicted of belonging to a terrorist group solely for their service in the Azov Regiment. The judgments in the case were based on the court’s acceptance of an unlawful and groundless classification of the Azov Regiment as a terrorist group. The Azov Regiment is part of the National Guard of Ukraine and carries out military operations under the authority of Ukraine’s armed forces. Anti-terrorism laws are not applicable in principle in the context of the armed conflict between Russia and Ukraine.
The charges of undergoing training for the purposes of terrorism are also unfounded. The four men underwent training to carry out duties assigned to them in the course of their military service.
Under international law, Russia’s armed aggression against Ukraine is both illegal and criminal. Ukraine’s actions in defending itself from aggression are lawful and justified. Defending one’s country from an invasion is not a crime.
Kapustian, Pavlenko, Bozhko, and Pedasiuk were not accused of committing war crimes. They were prosecuted solely for belonging to a particular military unit. The prosecution of those who served in the Azov Regiment simply for participating in hostilities is a gross violation of the Geneva Conventions on the Treatment of Prisoners of War and on the Protection of Civilian Persons in Time of War. Taken together, the numerous violations committed by the Russian authorities in relation to Kapustian, Pavlenko, Bozhko, and Pedasiuk may be considered a war crime.
A detailed description of the cases of Yevhen Kapustian, Viktor Pavlenko, Maksym Bozhko, and Oleksandr Pedasiuk 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.
How can you help?
If you know in which remand prisons or penal colonies Yevhen Kapustian, Viktor Pavlenko, or Maksym Bozhko are being held, or have any additional information about their cases, please contact us via our bot or by email: [email protected]
You can write to Oleksandr Pedasiuk at the following address:
RU: 677004, Якутск, ул. Очиченко, 25, ФКУ ИК-1 УФСИН России по Республике Саха (Якутия), Педасюк Александр Вячеславович, 1999 г. р.
EN: Oleksandr Viacheslavovych Pedasiuk (born 1999), Penal Colony No. 1, Federal Penitentiary Service for the Sakha Republic, 25 Ochichenko, Yakutsk, 677004, Russia.
You can also send an email using ZT (for payment with all bank cards), OVD-Info and Memorial-France (free of charge).
Please note that letters in languages other than Russian are highly unlikely to reach the intended recipient.
You can donate to help all political prisoners in Russia.
