(13 May 2022)
RESTRICTION SUMMARY:
ASSOCIATED PRESS
Kyiv - 13 May 2022
1. Detainee, Vadim Shyshimarin, in detention cage
2. People near detention cage
3. Trial in progress, judge speaking
4. Various of Shyshimarin asking questions, saying his name (Vadim Evgenyevich Shyshimarin), date of birth (18.10.2000), showing documents with his rights written on it and saying he is acknowledges it
5. Woman talking to Shyshimarin
6. Trial in progress
7. Woman near detention cage
8. Court's guard
9. Shyshimarin's attorney, Victor Ovsyanikov, speaking
10. People near detention cage
11. Judges standing up and leaving courtroom
12. Shyshimarin being escorted out of detention cage
13. SOUNDBITE (Ukrainian) Victor Ovsyanikov, Vadim Shyshimarin's attorney:
"After all, I believe that in our country, everyone has the right to protection. And if I refuse and another lawyer refuses (to protect), then how will we go to Europe, where human rights, as we know, are of the highest value. That's why you don't have to choose here. Of course, there are certain points in this case, but still, everyone has the right to protection, and we must make many efforts to realize these rights."
Journalist asking off camera: "What is he being accused of?"
"Article 438 part 2. This is a violation of the rules of war, which resulted in the death of civilians."
14. Ovsyanikov talking to journalists
15. SOUNDBITE (Ukrainian) Victor Ovsyanikov, Vadim Shyshimarin's attorney:
"He surrendered on his own. All other issues are related to material and criminal proceedings. All this will be in subsequent court hearings. He will give all the answers to all these questions when he testifies or not."
16. Wide of court
STORYLINE:
A Russian soldier went on trial in Ukraine on Friday for the killing of an unarmed civilian, marking the first time a member of the Russian military has been prosecuted for a war crime during the 11-week conflict.
A 21-year-old captured member of a tank unit is accused of shooting a 62-year-old Ukrainian man in the head through an open car window in the northeastern village of Chupakhivka during the first days of the war.
Scores of journalists and cameras packed inside a small courtroom at the Solomyanskyy district court in Kyiv, where the suspect, Sgt. Vadim Shyshimarin, sat in a glassed-off area wearing a blue and grey hoodie, sweatpants and a shaved head.
He faces up to life in prison under a section of the Ukrainian criminal code that addresses the laws and customs of war.
Ukraine’s top prosecutor, with help from foreign experts, is investigating allegations that Russian troops violated Ukrainian and international law by killing, torturing and abusing possibly thousands of Ukrainian civilians.
Friday's initial proceedings in Shyshimarin's case were brief.
A judge asked him to provide his name, address, marital status and other identifying details. He also was asked whether he understood his rights, quietly replying “yes,” and if wanted a jury trial, which he declined.
The judges and lawyers discussed procedural matters before the judges left the courtroom and then returned to say the case would continue on May 18.
Defense attorney Victor Ovsyanikov acknowledged that the case against the soldier is strong but said the court would make the final decision over what evidence to allow.
Ovsyanikov said Thursday that he and his client had not yet decided how he will plead.
After Friday's hearing, Ovsyannikov said he was assigned to defend Shishimarin as a lawyer for the Center for Free Legal Aid.
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