The ex-UK army comrade of a British soldier sentenced to death in Ukraine has branded the 'disgraceful' judgement a war crime.
Aiden Aslin, 28, and British Army veteran Shaun Pinner, 48, were convicted of taking action towards violent seizure of power at a show trial in the self-proclaimed Donetsk People's Republic, a Kremlin proxy.
Colonel Richard Kemp, former commander of British forces in Afghanistan is a former comrade of Mr Pinner’s as they served in the same Royal Anglian Regiment together.
He has condemned the sentencing of both men as he spoke about Mr Pinner, who is from Bedfordshire, saying: “This is disgraceful and I utterly condemn it.
“Shaun is a soldier and should be treated as such.
“This decision is a war crime and contravenes the Geneva Convention on the treatment of prisoners of war.
“Shaun Pinner is a hugely respected former soldier and everybody liked him when he served as a fellow soldier and friend.
“There is a huge strength of feeling within the regiment about this.
“Both of these men were serving in the Ukrainian Army and should be afforded the same fair and legal treatment as lawful combatants under the Geneva Convention.”
It is believed both men’s horrific sentencing will involve death by firing squad, breaking Geneva Convention rules on prisoner of war treatment and prisoner of war immunity.
They will be allowed to appeal the judgment but last night it sparked outrage among family members of the two men, military friends and colleagues and political figures.
Mr Aslin’s family said in a statement: “We’ve heard news from Donetsk and need some time to take everything in.
“We love Aiden with all our hearts.
“He and Shaun, as members of Ukrainian armed forces, should be treated with respect just like any other prisoners of war.
“They are not and never were mercenaries.
“We hope that this sentence will be overturned and beseech the governments of the Uk and Ukraine to do everything in their power to have them returned to us safely and soon.
“We can only imagine what they are going through right now.
“This is a very upsetting development and we ask that our privacy is respected at this time.”
The UK Government insisted the judgment had no legitimacy and the pair should be treated as prisoners of war.
The Foreign Secretary Liz Truss said: "I utterly condemn the sentencing of Aiden Aslin and Shaun Pinner held by Russian proxies in eastern Ukraine.
"They are prisoners of war. This is a sham judgment with absolutely no legitimacy.
"My thoughts are with the families. We continue to do everything we can to support them."
Labour immediately condemned the sentencing.
MP Stephen Doughty, shadow Minister for Europe, said: “It is an outrageous and shameful breach of international law for the Russian regime or its puppets to use an illegitimate court to prosecute legitimate prisoners of war who are entitled to combatant immunity.
“The international law of armed conflict must be upheld at all times.
“The FCDO must urgently support the families of these soldiers who will be in deep distress at this time.”
Mr Aslin, originally from Newark-on-Trent in Nottinghamshire, and Mr Pinner were both members of regular Ukrainian military units fighting in Mariupol, the southern port city which was the scene of some of the heaviest fighting since Vladimir Putin's invasion of Ukraine.
Mr Pinner is married to a Ukrainian woman and both men signed up to the Ukrainian military legally in 2018 long before Russia ’ invasion on February 24 this year.
It is believed they both hold Ukraine nationality.
Robert Jenrick, Tory MP for Newark, said on his constituent Mr Aslin getting the death penalty: “This Soviet era show trial is the latest reminder of the depravity of the Russian state.
“As prisoners of war they are entitled to protection under the Geneva Convention.”
A No 10 spokesman said: "We are obviously deeply concerned by this. We have said continually that prisoners of war shouldn't be exploited for political purposes.
"Under the Geneva Convention, prisoners of war are entitled to combatant immunity and they should not be prosecuted for participation in hostilities.
"So we will continue to work with the Ukrainian authorities to try to secure the release of any British nationals who were serving in the Ukrainian armed forces and who are being held as prisoners of war."
Commenting on the sentences Dr Aurel Sari, an expert in conflict and security law, from the University of Exeter, said: "British nationals serving in Ukraine’s armed forces are not mercenaries but lawful combatants.
“They cannot be prosecuted for lawful military actions carried out prior to their capture.
“Sentencing them for participating in hostilities is a serious violation of international humanitarian law. Including the Third Geneva Convention of 1949 on prisoners of war.
A third man, Moroccan national Saaudun Brahim, was convicted alongside Mr Aslin and Mr Pinner.
The men were accused of being "mercenaries" after fighting with Ukrainian troops.
Russian media outlet RIA Novosti reported that the three are set to face a firing squad.
Interfax, a Russian news agency, claimed the men would be able to appeal against their convictions.
