I don’t deserve to be here at all,” insists Tetyana Potapenko as she sits in her maroon prison overalls. She is adamant that the Ukrainian state has falsely labelled her as a collaborator. Now one year into a five-year sentence, she is among 62 convicted collaborators held in isolation at a prison near Dnipro, about 300km (186 miles) from her home in Lyman. Lyman, located near the front lines in Donbas, was occupied by Russian forces for six months before being liberated in 2022.
Caught in a Conflict Tetyana
Tetyana, a 54-year-old neighbourhood volunteer for 15 years, finds herself imprisoned for what she sees as continuing her civic duties during the Russian occupation. Ukrainian prosecutors argue that she assumed an official role under the occupiers, including distributing relief supplies. “Winter was over, people were out of food, someone had to advocate,” Tetyana explains, her voice tinged with frustration. “I couldn’t leave those old people. I grew up among them.”
A Swift and Broad Legislation Tetyana
Tetyana is one of nearly 2,000 people convicted under Ukraine’s 2022 collaboration law, hastily drafted in response to Moscow’s invasion. This law passed in just over a week, made collaboration a criminal offence, something Ukrainian lawmakers had debated since Russia’s annexation of Crimea in 2014. Before the invasion, Tetyana liaised with local officials to provide essential materials to her neighbours. Once the Russians took control, she says a friend persuaded her to engage with them to secure much-needed medicines. “I didn’t cooperate with them voluntarily,” she insists. A video of her advocating for disabled people’s access to medication was posted online and later used as evidence against her by Ukrainian prosecutors.
The Legal and Human Rights Debate
After Lyman’s liberation, a court reviewed documents allegedly showing Tetyana’s official role with the occupying authorities. She vehemently denies any wrongdoing, exclaiming, “What’s my crime? Fighting for my people? I never worked for the Russians. I survived and now find myself in prison.” The 2022 collaboration law, designed to deter cooperation with the Russian forces, is expansive, explains Onysiya Syniuk, a legal expert at the Zmina Human Rights Centre in Kyiv. The law covers a wide range of activities, from denying the illegality of Russia’s invasion to actively supporting the occupiers, with penalties reaching up to 15 years in prison.
Concerns Over Broad Applications
Of the nearly 9,000 collaboration cases, Ms. Syniuk and her team have reviewed most of the convictions, including Tetyana’s. They express concern that the legislation is too broad and risks penalizing individuals providing essential services in occupied territories. “Lawmakers should consider the reality of living and working under occupation for more than two years,” Ms. Syniuk argues.
A Journey Back to Lyman
As we travel to Tetyana’s hometown, the scars of war become increasingly evident. Her frail husband and disabled son await her return, a poignant reminder of the personal cost of the ongoing conflict.
