Richard Marles won't ‘speculate' on Oscar Jenkins swap

Herald Sun

19-05-2025

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Richard Marles has refused to speculate on the prospects of a prisoner swap for Oscar Jenkins after a Russian court sentenced the Melbourne man to 13 years in a penal colony.
Russian authorities in Ukraine's occupied Luhansk region declared Mr Jenkins a mercenary, complicating any prisoner swap talks as mercenaries are not protected by conventions on the treatment of prisoners of war.
Condemning the court decision as a 'sham trial', the Deputy Prime Minister on Monday said Mr Jenkins 'should be treated as a prisoner of war'.
'This was a sham trial which handed down this sentence,' Mr Marles, who is also defence minister, told Sky News.
'Oscar Jenkins should be treated as a prisoner of war and all the rights that go with that under international humanitarian law should be provided by Russia to Oscar Jenkins.
'That's what we expect of the Russian government, and we are very concerned for Oscar Jenkins.'
Mr Jenkins was fighting with Ukraine's International Legion — a formal part of the Armed Forces of Ukraine — when he was captured late last year near Makiivka, a tiny village on the Zherebets River in Luhansk.
Mr Marles was asked whether he thought Mr Jenkins was 'brave' for joining Ukraine's fight against invading Russian forces.
But he reiterated the government did not encourage people to go to Ukraine due to its designation as a war zone – noting they had made their position 'clear'.
'Oscar Jenkins, though, is an Australian citizen, and we will continue to advocate on his behalf,' Mr Marles said.
'And as I said, we regard him as a prisoner of war in these circumstances, and we expect all the rights that are afforded to prisoners of water be applied by Russia to him.'
Later, Ukraine's envoy in Canberra said securing Mr Jenkins' release was a 'top priority' for the Ukrainian government.
Vasyl Myroshnychenko said it was 'good' the Australian fighter had been sentenced because 'now he could be swapped'.
But the Ukrainian ambassador added 'how the Russians interpret him' could complicate matters.
'And of course, we're working on that, making sure that we can get him released as soon as possible,' Mr Myroshnychenko told Sky News.
'We don't know how long it's going to take but I'm in touch with (the Department of Foreign Affairs and Trade) all the time.'
Ukraine and Russia regularly swap prisoners through exchanges largely organised by the Red Cross.
Officials from both countries agreed to swap some 1000 prisoners during peace talks last week.
Mr Myroshnychenko said he did not know if Mr Jenkins would be included in that exchange.