Australia will use “whatever avenues” it can to help Melbourne man Oscar Jenkins, who faces a 15-year jail term in Russia for fighting with Ukrainian troops.
The prime minister said on Saturday that the government would “continue to make representations to the reprehensible regime of Vladimir Putin” to release Jenkins, 33, a former teacher who fought with Ukraine’s armed forces against Russia’s invasion.
After initial reports in January that Jenkins had died in captivity, Russia then confirmed he was alive and in custody. In February video of him appeared on YouTube in which he appeared weak and said he thought he had a broken arm.
According to several news reports on Saturday, the Russian prosecutor’s office in Luhansk – eastern Ukrainian territory currently occupied by Russia – has approved a criminal indictment against Jenkins. The Guardian has confirmed that a charge was laid.
Russia has indicted other foreign prisoners of war.
“We continue to hold serious concerns for Mr Jenkins and are working with Ukraine and other partners to advocate for his welfare and release.” a spokesperson for Australia’s department of foreign affairs and trade said.
The ABC reported that the indictment claimed “a citizen of Australia, on his own initiative, in order to receive material remuneration, arrived on the territory of Ukraine to participate as a mercenary in an armed conflict with the Russian Federation on the side of enemy troops”.
The ABC also cited local media claiming he was paid up to $15,000 a month to fight on Ukraine’s side against Russia.
The foreign affairs minister, Penny Wong, has said Jenkins was being held as a prisoner of war, which would mean he should be afforded the protection of international humanitarian law. But Moscow referred to him as a mercenary, which would mean he is not covered by the conventions.
Anthony Albanese said on Saturday the Australian government would “stand up and use whatever avenues we have at our disposal to continue to make those representations [on behalf of Jenkins] … both to Russia, but also, of course, through our friends in Ukraine, who have also made representations as well”.
“The Russian war against the people of Ukraine is a war against international law. It’s against national sovereignty.
“The people of Ukraine are fighting for a democratic nation, for their own sovereignty, but they’re also fighting for the international rule of law, which is why we do want to see peace, but we do want to see it on the terms that are acceptable to Ukraine.”
The government is considering sending a peacekeeping force to Ukraine, a plan opposed by the Coalition.
