Ukrainian prisoners will soon have a choice: prison or fighting

• Julian Buijzen

  Foreign editor

How is Ukraine supposed to acquire 500,000 new recruits in the short term? The question has been occupying the country for some time now. Today, the Ukrainian parliament approved a law allowing prisoners to report for military service. If the law comes into effect, they can choose to join the army in exchange for a reduced sentence.

The bill is a sign that things are not going well in finding recruits for the Ukrainian army. In December it became clear that the army leadership needs 500,000 new soldiers for this year. They must fill brigade shortages and relieve current troops, who in many cases have been fighting for a long time without leave.

Currently, recruiting prisoners or people with criminal records is not possible under Ukrainian law. If President Zelensky signs the law, this will change.

“We need this law because we have a major shortage of soldiers,” said independent parliamentarian Oleksiy Goncharenko. He is a co-initiator of the law.

“Prisoners are eligible for the scheme after the intervention of a judge,” he tells NOS. “Anyone who agrees will serve in the army until the end of the war. If you still have an outstanding prison sentence after that, you can serve it at home.”

Proponents point to the possibility of rehabilitating criminals, but experts are not convinced. “When I read about this law, alarm bells went off for me,” says Yvonne Donders, professor of international human rights at the University of Amsterdam. According to her, human rights treaties do not exclude the recruitment of prisoners, but they do set high requirements for this.

“There is a power difference in prison, a prisoner is often in a vulnerable position, so the question is how voluntary this choice is. To what extent is there sufficient information available to make a good choice? The chance that they will make a decision taking based on incorrect information is present. The word voluntary is therefore quite relative.”

It is unclear whether there is much enthusiasm among prisoners. In theory, it is possible that the war will last for years. As a result, a prisoner could, for example, have to fight for three years while his prison sentence only lasts one year.

But there is interest, journalists from Radio Free Europe/Radio Liberty noticed a few weeks ago. They spoke to a prisoner who liked such a deal. “If I can sign a contract instead of serving my time here, I’d rather fight,” says Andrie, who is in prison for drug smuggling. “How am I useful in prison if I can also serve in a combat unit?”

Not all prisoners are eligible for the scheme. People convicted of murder, rape, terrorism or endangering national security are excluded. This also applies to people convicted of drunk driving.

According to the Deputy Minister of Justice, this potentially concerns a group of around 26,000 prisoners, more than half of all detainees. In addition, a group of around 50,000 Ukrainians with a criminal record would be eligible for recruitment, who are currently exempt from mobilization.

The law is reminiscent of Russian practices. Eighteen months ago, the first reports emerged that Russia was recruiting new recruits in prisons. The visits of Yevgeny Prigozhin, former leader of the Wagner mercenary army, are well known. Those who signed with Wagner or the army were often sent to the front in special battalions.

This is how Wagner leader Prigozhin recruited prisoners in September 2022:

Mercenary army recruits new fighters in Russian penal colony

Parliamentarian Goncharenko states that Ukrainian law cannot be compared with Russian practice: “Russia sends murderers, cannibals and rapists to the front. We do not allow that. Only petty criminals are eligible for this scheme.”

The difference in supervision is also important. Independent UN monitors have access to Ukrainian prisons, but not to those in Russia. In this way, voluntariness can be better controlled.

Sending prisoners to the front is not new. Professor Donders points out that India and some American states also give prisoners the option to serve in the army. “It is not the case that this does not happen anywhere, but it is difficult to compare. You not only have to look at the letter of the law, but also at the practice. How does it work out? There are many stories of Russian prisoners who have been recruited with great stories that in practice turn out differently.”

It is not yet clear how the prisoners will serve in the army. According to Goncharenko, it is up to the army to determine that after the judge has approved the request.