War prisoners were sentenced to death by a court of the Russian occupying forces! Provisional measures for non-execution of the death penalty
JUDGMENT
Pinner v. Russia and Ukraine and Aslin v. Russia and Ukraine 30.06.2022 (app. no. 31217/22 and 31233/22)
SUMMARY
The European Court of Human Rights has decided to grant interim measures in the cases of Pinner
v. Russia and Ukraine and Aslin v. Russia and Ukraine (application nos. 31217/22 and 31233/22)
concerning two British nationals who are members of the Armed Forces of Ukraine who surrendered
to the Russian forces during recent hostilities and have since been sentenced to death in the socalled “Donetsk People’s Republic” (“the DPR”).
The Court indicated in particular to the Government of the Russian Federation, under Rule 39
(interim measures) of the Rules of Court, that they should ensure that the death penalty imposed on
the applicants was not carried out; ensure appropriate conditions of their detention; and provide
them with any necessary medical assistance and medication.
The Court also indicated to the Government of Ukraine to ensure, in so far as it was possible to do
so, respect for the Convention rights of the applicants.
PROVISION
Article 39
PRINCIPAL FACTS
The applicants, Shaun Pinner and Aiden Aslin, are British citizens who were born in 1973 and 1994,
respectively. They are married/live with Ukrainian nationals and consider Ukraine to be their home.
They joined the Armed Forces of Ukraine (the UAF) in 2018 and were subsequently deployed to join
the 36th Detached Marine Brigade of the UAF in Mariupol, the Donetsk Region.
Against the background of the war in Ukraine, the Russian authorities announced on 13 April 2022
that 1,026 Ukrainian service personnel of the applicants’ brigade had voluntarily laid down their
arms and surrendered to the Russian forces in Mariupol.
Footage of the captured applicants has since been broadcast by the Russian media.
Accused of offences proscribed by the “Criminal Code of the DPR”, on 9 June 2022 they were
sentenced to death by a “DPR court”.
Another person, Brahim Saadoune, a Moroccan national, was also sentenced to death by the same
“court” on the same day. The Court decided to grant interim measures in this case (Saadoune
v. Russia and Ukraine, no. 28944/22) on 16 June 2022 (see press release).
On 27 June 2022 the applicants’ representatives made their requests to the Court under Rule 39 to
ensure their Convention rights.
In examining the requests for an interim measure on 29 June 2022, the European Court decided to
indicate to the Russian Government, as in Mr Saadoune’s case, that they should:
“(a) ensure that the death penalty imposed on the applicants is not carried out;
(b) ensure respect for the Convention rights of Shaun Pinner and Aiden Aslin, notably
in respect of Articles 2 (right to life) and 3 (prohibition of inhuman or degrading
treatment) of the Convention, ensure the appropriate conditions of their detention,
and provide them with any necessary medical assistance and medication.”
THE DECISION OF THE COURT…
Also as in the Saadoune case, the Court stressed that the issue of jurisdiction in the area where the
applicants are being detained is under active consideration by the Grand Chamber of the Court in
the case of Ukraine and the Netherlands v. Russia (application nos. 8019/16, 43800/14 and
28525/20) and that the Russian Government remained under an obligation under Article 34 not to
hinder in any way the effective exercise of the right of individual application.
It requested that the Russian Government provide information, in two weeks, to show what actions
and measures have been taken by their authorities to ensure respect for the Convention rights of
Shaun Pinner and Aiden Aslin. In that context, it reminded the Government that the interim measure
granted on 1 March 2022 in the case of Ukraine v. Russia (X) (no. 11055/22) remained in force.
The Court also decided to indicate to the Ukrainian Government to ensure, in so far as it was
possible to do so, respect for the Convention rights of Shaun Pinner and Aiden Aslin, and invited
them to submit any information which they consider relevant within the same period of two weeks.
Lastly, the Court also decided to give immediate notice of the interim measures indicated in the
present two applications, as well as of the interim measure indicated on 16 June 2022 in the abovementioned case of Saadoune v. Russia and Ukraine (no. 28944/22), to the Committee of Ministers of the Council of Europe in accordance with Rule 39 § 2 of the Rules of Court.
