Russian Commanders Convicted for Dam Attack

Iryna Domashchenko

Kyiv-based IWPR's court reporter

Tuesday, 30 May, 2023

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Two high-ranking Russian army officials have been sentenced to prison and ordered to pay compensation for ordering the seizure and destruction of critical civilian infrastructure in the Kherson region.

On May 15, the Zhovtnevyi district court of Kryvyi Rih city handed down a verdict in absentia against Major General Mikhail Yasnikov, a deputy commander of Russia’s Black Sea Fleet in charge material and technical support, and Colonel Dmitriy Markov, commander of the 11th separate engineering brigade. 

The two officers were sentenced to 12 years in prison and fined for violating the laws and customs of war based on a prior conspiracy by a group of persons (Part 2 of Article 28, Part 1 of Article 438 of the criminal code) for ordering the attack and seizure of critical infrastructure in Kherson region during the first days of Russia's full-scale invasion. 

Yasnikov and Markov were on trial on charges of seizing the Kakhovskaya hydroelectric power station (HPP) and undermining the North Crimean Canal. 

In 2014, following Russia’s annexation of Crimea, Ukraine had constructed a dam on the North Crimean Canal, a Soviet-era conduit that supplied water from the Dnieper River to the peninsula. Russia’s efforts to divert other water sources did not fully compensate for the loss of the canal flow, with dire repercussions on the peninsula’s agriculture sector.

On February 24, 2022 Russian troops invaded the southern region from occupied Crimea and targeted the strategically important Kakhovskaya HPP and the North Crimean Canal. 

By mid-morning of February 24, 2022 the Russian military had already captured all the facilities of the Kakhovskaya HPP in Nova Kakhovka, a port city north of Kherson, and mined the bridge over the hydroelectric plant. 

Within three days, the Russians had gained control of all hydrotechnical facilities and the North Crimean Canal Authority in Tavriysk, a city on the left bank of the Dnieper located about ten kilometres east of Nova Kakhovka.

The Russian military subsequently blew up the canal and the dam in several places. These actions resulted in the water flowing to Crimea by gravity and affected the supply to the Kherson region, including the irrigation system, and caused environmental damage. 

Prosecutors proved in court that Yasnikov ordered the seizure of the critical infrastructure and Markov directed the detonations. 

The case was referred to the court in August 2022. After complying with the procedure of summoning the two Russian officers to the court, it was considered in the order of special court proceedings. The indictment was announced in January 2023.

The administration of the North Crimean Canal and Ukraine’s State Agency of Water Resources were plaintiffs in the case. 

During a preparatory meeting held on December 12, 2022 the court decided that the trial would be held behind closed doors. The verdict cannot be published in the Ukrainian register of court decisions because it contains sensitive information. 

"The verdict in the court register is prohibited for publication, as the court, at the prosecutor's request, decided to consider the criminal proceedings in closed court sessions throughout the entire court proceedings to ensure the safety of the persons participating in it,” Vitaliy Nikitin, deputy head of the Kherson regional prosecutor's office, toldIWPR. 

The main structures of the hydropower plant and the North Crimean Canal are located in the Kakhovsky district, which remains under occupation. 

“This is an obvious security risk,” Nikitin added.

According to the court register, the prosecutor requested to interrogate a witness via video conference at the April 27 meeting because he is in the Kyiv pre-trial detention centre. 

Given the specifics of the case and the fact that Russian military prisoners are currently being held in that facility, the witness is likely to be a Russian prisoner of war. 

“In the course of the trial, the testimony of witnesses, including of Russian prisoners of war, was examined,” Nikitin told IWPR after the verdict was issued. 

COMPENSATION FOR DAMAGES

The verdict fully corresponds to the prosecutor’s request. 

“This sentence is the first against Russian military officers for war crimes committed in the Kherson region; not just by Russian military personnel, but by representatives of the leadership of the Armed Forces of the Russian Federation,” Nikitin said.

The defence side insisted on the innocence of the accused.

The court also satisfied the prosecutor's civil claim and ordered the defendants to pay 1.5 billion hryvnias ( 41 million US dollars) in damages to the Ukrainian state through the State Water Resources Agency. 

The sum is not final to settle the loss Ukraine has suffered: the left bank of the Kherson region, where the water facilities are located, remains under occupation and Russia continues to take Ukrainian water. 

According to the State Environmental Inspection, as of March 2023 Russia’s manoeuvres on the North Crimean Canal have cost Ukraine more than 15 billion hryvnias ( 406 million dollars) in damages. In April, the second irrigation season started in Crimea since the capture of the facilities of the Kakhovka reservoir.

“Currently, a pre-trial investigation in criminal proceedings is underway to identify and bring to justice other persons from the ranks of the Russian military [involved in the same crime],” Nikitin said. “After the de-occupation of the Kakhovka district, the amount of the damages for the period not covered by this sentence will be determined.” 

According to the Security Service of Ukraine, Yasnikov and Markov are in the temporarily occupied territory of Ukraine. 

Therefore, the beginning of the term of serving the punishment is determined from the day of their actual detention. 

The defence has 30 days to appeal; failing an appeal, the verdict will become final. Once the judgement will be confirmed, law enforcement agencies will declare both men wanted as convicted individuals. 

They were already declared internationally wanted during the pre-trial investigation and information about them has been sent to Interpol. In case of arrest on the territory of one of the 190 countries that belong to Interpol, the procedures of international police cooperation on extradition must be applied.