Military justice investigates Swiss fighters

The Russian offensive war in Ukraine has been raging for a year. Hundreds of thousands of soldiers are deployed on both sides – including volunteer fighters from abroad.

Corresponding accounts can be found on social media – such as that of multinational composed «International Legion», but also country-specific such as a «Georgian Legion» or the «box Kalinouski Regiment» report on their deployment.

Seven procedures since last year

Such a Swiss combat team does not exist. However, several dozen Swiss citizens, including dual nationals, are likely to be deployed on the Ukraine side, such as the resident of Schaffhausen avi Motorcycle (47), who fights against the Russians as a sniper.

However, this use for third-party services is prohibited. And so the local military court system deals with the Swiss mercenaries. “Military justice is currently conducting seven proceedings in connection with suspected foreign military service in the war in Ukraine,” said media spokesman Florian. Menzi. Although the Russian offensive war began a year ago, none of these proceedings have been completed – which is why there is still no verdict.

It is clear that those affected face up to three years in prison or a fine. This is stated in the Military Penal Code. Only those who also have another nationality and have settled in that other state remain unpunished, and if they perform military service there.

research difficult

The question is whether there will ever be a verdict. Usually there are several obstacles. “The investigations are very complex in a country that is at war,” says Menzi. For example, the final whereabouts of those affected are not always tangible. “Our options are limited.”

Moreover, sentencing in absentia is difficult. “This raises the question of the right to be heard,” he said Menzi. “One way or another, a person has to be able to defend themselves.” So if those affected do not return to Switzerland or at least to the EU, things will be difficult.

A statement from 2020

This is also evident from previous experiences. For example, before the Russian attack in 2022, three proceedings were initiated in connection with the conflict in Ukraine, which has led to bloodshed since 2014.

One of these three cases is still pending. “In one case, a strike order was issued because the initial suspicion could not be sufficiently substantiated,” he said. Menzi.

However, in one of these three proceedings there was an order subject to periodic penalty payments in 2020 that is final. The suspect was a young man from Ticino who had joined pro-Russian separatists in the Donetsk region for more than a year in 2015. As the “Aargauer Zeitung” reported, he was sentenced to a conditional fine of 30 daily rates of 30 francs and a fine. The low sentence indicates that there was subordinate help.

Source:Blick