Closed-Door Trial for Russian Soldier Accused of Torturing Police Officers
Due to security concerns, the victims requested the proceedings not be open to the public.
A court in Kharkhiv region has ordered a closed-door trial in the case of a Russian soldier accused of kidnapping and torturing police officers.
The accused is a 33-year-old Russian soldier, Alexander Kuleshov, originally from Russia's Stavropol region. According to Vladyslav Abdula, spokesperson for the Security Service of Ukraine (SBU) in the Kharkiv region, Kuleshov participated in the occupation of the Kupiansk district of the Kharkiv region and is linked to at least two kidnappings of police officers in March 2022. He is charged with committing a criminal offence under Part 1 of Article 438 of the Criminal Code of Ukraine.
On July 2024, the indictment against Kuleshov was sent to the Ordzhonikidze (Industrial) District Court of Kharkiv. The investigation revealed that Kuleshov, along with two other Russian soldiers, call signs Medic and Trener, detained and tortured at least two law enforcement officers at a farm in the village of Ohirtsivka.
“At gunpoint, the occupiers dragged a police officer from his home and forcibly took him to a torture facility they had set up at a local farm,” the record stated. “There, Kuleshov demanded the officer to collaborate with the occupying MVD of the RF [Russian Ministry of Internal Affairs].”
When the officer refused, Russian soldiers subjected him to torture, the investigation maintains. They suspended him by his tied hands from a metal crane hook, and beat him with sticks, fists and booted feet across his body, threatening to execute him.
Volodymyr Romanchenko, a defence lawyer provided by the Eastern Interregional Centre for Free Legal Aid, was appointed to represent the defendant. On October 24, the defence lawyer failed to attend a preliminary hearing, submitting a request to postpone the proceedings due to illness.
He again failed to appear on December 12, offering no explanation. Considering that legal representation is mandatory, the court instructed the Centre for Legal Aid to appoint a replacement. According to the case prosecutor, Mykhailo Martysh, the court later discovered that Romanchenko had received a summons from the Territorial Recruitment Centre (TRC), which explained his absence.
In February 2024, Viktor Tkachenko was appointed as Kuleshov's new defence lawyer. The victims had submitted requests for the preliminary hearing to proceed in their absence. Neither the prosecutor nor the defence lawyer objected to this request.
“However, I consider it advisable to retain the option to question the victims should written or material evidence be found,” defence lawyer Tkachenko noted.
The accused had been informed of the last three court hearings through mass media, specifically in the Uriadovyi Kurier newspaper and on the website of the prosecutor general’s office. However, he did not appear and the court asked the prosecutor and the defence lawyer if they objected to proceeding with the preliminary hearing in Kuleshov’s absence. The prosecutor and the defence lawyer did not object.
The Media Initiative for Human Rights NGO had petitioned the court to live-stream the hearing, but due to security concerns, the victims requested the proceedings to be held behind closed doors. These requests were submitted to the prosecutor and defence lawyer for review.
“What is your opinion regarding the format of these proceedings – open or closed?” Judge Olena Buhera asked the defence lawyer and the prosecutor.
"I believe the victims’ request should be granted. I move that the hearing be closed to the general public, considering that the victims are current law enforcement officers," responded prosecutor Martysh.
“Defence?” inquired the judge.
“At the court's discretion, Your Honour,” replied Tkachenko, the defence lawyer.
The court ordered the trial to proceed in absentia, under a special procedure, and behind closed doors. This ruling is not subject to appeal.
According to Part 4 of Article 323 of the criminal procedure code of Ukraine, if the accused appears or is brought to court, the trial will resume from the moment such ruling is issued, in accordance with the general rules stipulated by this code.
If convicted, the accused faces up to 12 years of imprisonment.
