Arsen and Ablyamet Memetshaev are political prisoners
Two brothers from Ukraine’s Kherson Oblast have been sentenced to five years in a strict regime penal colony on a charge of involvement in the Crimean Tatar Noman Çelebicihan Battalion
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Arsen and Ablyamet Memetshaev political prisoners. The brothers were convicted on a criminal charge of participation in an illegal armed group, for alleged membership in the Noman Çelebicihan Battalion. Their prosecution and conviction violated the right to a fair trial and were linked to their ethnic identity. We demand their immediate release and that all criminal charges against them be dropped.
What were the charges against Arsen and Ablyamet Memetshaev?
Arsen and Ablyamet Memetshaev are Ukrainian citizens from Kherson Oblast. In the winter or spring of 2023 (the exact date is not known), they were detained by FSB officers allegedly while crossing the Dzhankoy border checkpoint in Russian-occupied Crimea. The fact of their detention became publicly known on 2 June 2023.
According to the investigative authorities, from 2017 until the time of their arrest, the brothers were members of the Crimean Tatar voluntary Noman Çelebicihan Battalion. As such, they allegedly performed tasks such as inspecting travellers and vehicles at the administrative border between Crimea and mainland Ukraine, as well as guarding facilities associated with the Battalion. Both were charged with participation in an armed group operating on the territory of a foreign state, not provided for by the laws of that state, and for purposes contrary to Russia’s interests (Article 208, Part 2 of the Russian Criminal Code).
Both brothers pleaded guilty. Ablyamet Memetshaev stated that he had been with the Battalion for only two months.
Their cases were heard separately by the Russian-controlled Dzhankoy district court in Crimea. Arsen Memetshaev was sentenced on 29 September 2023, and Ablyamet on 25 October 2023. Each received a five-year term of imprisonment, with the first year to be served in a cell-type prison and the remainder in a strict regime penal colony.
Why do we consider Arsen and Ablyamet Memetshaev political prisoners?
Arsen and Ablyamet Memetshaev were convicted for involvement in an illegal armed group, yet the Noman Çelebicihan Battalion does not meet this definition.
The creation of the Battalion was announced in September 2015 by businessman Lenur Islyamov. At that time, leaders of the Mejlis of the Crimean Tatar People initiated a civil blockade of Crimea. Members of the Battalion inspected cargoes at the de facto ‘border’ with Crimea. Within two months, the Ukrainian government formally prohibited trade with occupied Crimea, except for humanitarian aid. From January 2016, members of the Battalion—more precisely, the Asker civil society association, which was created on its basis—began joint border patrols with the Ukrainian Border Service.
Despite the fact that the existence of the Battalion was never formalised in legislation, its activities cannot be considered unlawful, as evidenced by its joint patrols with Ukrainian law enforcement.
It is the illegal seizure of Ukrainian territory that self-evidently contradicts Russia’s interests, not the Battalion’s activities.
The Memetshaev brothers were convicted for guarding storehouses, grain depots, and conducting inspections at checkpoints. None of these activities constitutes criminal acts under Ukrainian law and is not a crime.
A detailed description of the Memetshaev brothers’ case and of our position is available on our website.
Recognition of an individual as a political prisoner does not imply the ‘Political Prisoners. Memorial’ human rights project agrees with, or approves, their views, statements, or actions.
How can you help?
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