Release of Australian captured by Russia could take years

The release of Australian soldier Oscar Jenkins from his Russian captors could take years, as the Ukrainian ambassador to Australia warns that negotiating with Moscow to release fighters is a difficult and lengthy process.

Jenkins, a Melbourne teacher who this year enlisted in Ukraine’s foreign legion, has become the first known Australian soldier captured by Russian forces in the Donbas region.

Footage of him being slapped and taunted by Russian soldiers was released on social media service Telegram on Sunday, prompting swift condemnation from Prime Minister Anthony Albanese and Foreign Minister Penny Wong, while Russian ambassador to Australia Alexey Pavlovsky was hauled into the Department of Foreign Affairs and Trade on Monday afternoon to explain the situation.

The footage of Oscar Jenkins, with his wrists bound, was shared widely by pro-Russian social media accounts.Credit: Telegram

“These are the kind of videos Russians are releasing on a regular basis for different purposes. It’s also a psychological approach basically and just intimidating our people who are now on the frontlines,” Ukrainian ambassador Vasyl Myroshnychenko told this masthead on Friday.

The process of releasing soldiers captured by Russia is long and drawn out, Myroshnychenko said, as case outcomes and timelines differ depending on what the rogue state could get in exchange.

“We shouldn’t be expecting that [Jenkins’ release] will happen soon. Of course, we’d like it to happen sooner, but we have to prepare that it can be lengthy negotiations,” he said.

“It takes a long time. Nobody can give you timelines – we’ve seen it, sometimes, can be years.”

The latest Australian detained by a foreign country puts renewed pressure on the Albanese government’s ability to help captured citizens in a timely manner.

The Albanese government has a track record of rescuing Australians locked up overseas, securing the prison release of journalist Cheng Lei from Beijing after she was accused of spying, negotiating the plea that finally allowed activist Julian Assange to return to Australia after more than a decade fighting extradition to the US on espionage charges, and just before Christmas, the return of the five remaining members of the Bali Nine from Indonesian prisons after 20 years behind bars for their role in a drug smuggling scheme.

On Tuesday, Albanese warned Australians not to go to Ukraine.

“It is an opportunity for us to say that the warnings which are there, about travelling to areas of conflict, are ones that should be heeded by Australians. This is not a safe or secure thing to do and there is risk involved,” he said.

“But we will continue – as we always do – to make representations on behalf of Australians. We make representations appropriately through the embassy, and we always look after Australians.”

Myroshnychenko said it was not unusual for people to contact the Ukrainian government to offer their services.

“Sometimes people, you know, they just come and want to support,” Myroshnychenko said.

While Jenkins is the only Australian known to have been captured by the Russians, seven others have died fighting with the Ukrainians.

Asked if Myroshnychenko would encourage Australians to fight for Ukraine, the ambassador referred to Ukrainian President Volodymyr Zelensky’s comments.

“When the war broke out, President Zelensky announced that ‘Look, you can all come and join if you want’,” he said. “There is an international legion in Ukraine, and I would just send a link to the international legion. There is all instructions and guidelines there.”

The Ukrainian government confirmed that Jenkins, who is a former student at Melbourne Grammar, was a serving member of the armed forces. This means that under the Geneva Convention, Australia is not entitled to consular access and he will be considered a prisoner-of-war.

Instead, Australia must work with the Ukrainian government and other organisations such as the Red Cross to support Jenkins and provide welfare checks. A government spokesperson said Australia has made clear to Russia that it must comply with international obligations.

“The circumstances are extremely challenging, but the Australian government is working closely with the government of Ukraine and appropriate organisations, including the International Committee of the Red Cross, to confirm Mr Jenkins’ whereabouts and support him and his family,” they said.

“Australia has made our expectations clear to Russia – it must comply with international legal obligations and ensure Mr Jenkins’ welfare.”

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