"Go through the trial, admit your guilt, and you'll be exchanged." How Russian authorities fabricate terrorism charges against defenders.

18 Years of Strict Regime

“On February 13, I lost contact with him,” says Alexander’s girlfriend, Yulia, in an interview with hromadske. “Before that, we had a conversation that was somewhat tense, and I couldn’t understand why. He didn’t tell me he was going into combat. Then I saw him in interrogations of Russians, where they were mocking him. They were asking who he was and where he was from.”

Aleksandr Harnaga is a lawyer. He signed a contract with the Armed Forces of Ukraine (AFU) even before the full-scale war began and worked as a legal advisor. In February 2022, he was transferred to a combat post. After being wounded in November 2023 and undergoing long-term treatment, the fighter with the call sign Robocop returned to the army—he was transferred to the 118th Battalion, which was undergoing rehabilitation in Volyn.

In the winter of 2024, Alexander was moved to the Third Assault Brigade, where he served as a company commander. However, he didn’t stay there long—within two weeks he was captured by the Russians near Avdiivka. As he later told his family in a letter, he was taken when he was unconscious due to a blast concussion.

In the video of the interrogation, threats can be heard, such as “We’ll cut off your ears now.” During the interrogation, he is held in a twisted position, unable to stand. He pleads, “Can I at least lean against the wall?” They do not allow him. He falls, and they pick him up.Yulia, girlfriend of Aleksandr Harnaga

As family members managed to find out, after the interrogations, the captive was transferred to the detention center in Rostov for the duration of the “investigation.” When the Southern District Military Court in Rostov-on-Don “recognized” Alexander as guilty under the article on “terrorism,” he was sentenced to 18 years in a strict regime penal colony and sent to Detention Center No. 2 in Taganrog. This facility is known as one of the most brutal torture chambers in Russia. Most of the “Azov” fighters are held there.

Why “Terrorism”?

The Russians issue “sentences” to Ukrainian fighters based on several categories of cases. Some are accused of “violating the laws and customs of war,” meaning war crimes. Such cases are primarily heard in occupied Donetsk. The “Azov” fighters are accused of “terrorism,” and their cases are considered in Rostov-on-Don.

“On August 2, 2022, the Supreme Court of the Russian Federation recognized ‘Azov’ as a terrorist organization, thereby prohibiting its activities on the territory of the Russian Federation. Russia is now ‘extending’ its laws to the occupied territories of Ukraine. Consequently, they are reviewing more than a hundred cases against the ‘Azov’ fighters who are in captivity. And these are separate cases for each individual, separate judicial processes,” explains Tatyana Katrychenko, executive director of the Media Initiative for Human Rights.

The Russians associate the Third Separate Assault Brigade of the AFU with “Azov.” This is likely related to the similarity in operational principles and the fact that the brigade is commanded by Andriy Biletsky, the founder of the “Azov” regiment. Therefore, the captured fighters of the “triple,” like the “Azov” fighters, are “tried” under the article on terrorism.

According to data that hromadske received from the Coordinating Headquarters, almost three years into the large-scale war, cases have been opened or “sentences” issued against 47 Ukrainian servicemen under this article.

“If we talk about the article ‘Terrorism,’ it is essentially for participating in the war,” notes Tatyana Katrychenko.

At least 38 “sentences” under Article 205.3 (“Training for the purpose of committing terrorist activities”), which also concerned Aleksandr Harnaga, were issued by the court in Rostov. According to Russian legislation, the punishment provides for imprisonment for a term of 10 to 20 years or life imprisonment.

Most of the “sentences” found by hromadske concern “Azov” fighters or soldiers of the Third Assault Brigade. The last sentence, issued on November 19, 2024, pertains to 27-year-old Yevgeny Kapustyan, who, according to statements from Russian military resources, fought as part of the “Azov” regiment.

“In general, ‘terrorism’ is also pinned on civilians, as for the Russian imitation of the judicial system, it doesn’t matter what to ‘sew.’ This is not about any rules or logic,” noted hromadske’s Petr Yatsenko, a representative of the Coordinating Headquarters for treatment of prisoners of war.

For instance, in the list appeared Dmitry Kravtsov, a resident of Berdyansk—a civilian who, according to Russian special services, in 2022 collected and passed information about those in Berdyansk who supported the actions of the Russian Federation. He was sentenced to 15 years in a strict regime colony.

If There’s Money—There Are Letters

Despite the blatant violation of all international norms regarding the treatment of prisoners of war, Russia tries to pretend that it conducts judicial processes according to established rules. Therefore, each suspect is assigned a free lawyer.

“Of course, great pressure is exerted on each captive to confess guilt. They are told: ‘We’ll quickly go through this trial, it’s really not important. You’ll be sentenced quickly and handed over for exchange,’” noted hromadske’s Tatyana Katrychenko.

The lawyer from the Russian human rights organization “First Department”, Yevgeny Smirnov, stated that the defenders appointed by Russia for Ukrainians predominantly do not wish to assist their clients. They “act as decorations during investigative actions and trials.” Smirnov also recounted instances where captives were assigned lawyers “fed by the FSB,” whose role is to simplify the investigator’s work.

However, the situation is different when lawyers are “sought by agreement” by the relatives of prisoners of war or the prisoners themselves, as in the case of Aleksandr Harnaga.

“Sanya managed to find himself a Russian lawyer. One of the guys who was in the cell with him had a lawyer, and through her, he managed to send a note to his mom. They persuaded this lawyer to represent him in his case,” shared Yulia, Aleksandr’s girlfriend.

“In this situation, the lawyer can provide them with legal assistance within the framework of the criminal case: participate in investigative actions, interrogations, gather some references,” says Yevgeny Smirnov.

Counting on acquittal in court with the help of even hired lawyers is futile. The primary function of defenders in such cases is “palliative.” That is, for captives who have lawyers, the risk of torture is reduced. It also establishes their connection with the outside world and Ukrainian authorities so that they can work on the exchange process. But such lawyers must be paid.

There were several hearings; this phony process took place. Sanya started writing to me through the lawyer, communication improved a bit. She passed notes, but also for money. One visit and one note cost two thousand hryvnias.Yulia, girlfriend of Aleksandr Harnaga

After the judicial processes were completed, the lawyer disappeared, Yulia says. Although she officially remains, she has not been in touch since.

“She promised that she would accompany him wherever he was and pass on notes from him. But she lied. The judicial process ended, and we haven’t heard from her since,” says Aleksandr’s girlfriend.

“Truth” or Death

It is important for Russia to obtain confessions of guilt from prisoners of war regarding the crimes they are accused of. According to Tatyana Katrychenko, executive director of the Media Initiative for Human Rights, Russia “collects all these confessions, and it is beneficial for them to have guilty verdicts” to shift the blame for the destruction of cities onto the Defense Forces. She states that this primarily concerns the defenders of Mariupol.

To obtain such “confessions,” the Russians resort to torture. In the case of Aleksandr Harnaga, his mother and lawyer urged the fighter to file an appeal so that he could stay a little longer in the Rostov detention center, where conditions are