YALTA, October 9. Minister of justice Alexander Konovalov did not rule out the possibility of transferring Ukraine former army Hope Savchenko, accused of involvement in the murder of Russian journalists, attempted murder and illegal border crossing, but after her will be sentenced.
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“We’ve discussed this issue, but you have to divide it into two parts. From the point of view of jurisprudence – Yes, I can (to transfer Savchenko Ukraine), if it will fit in any conventional existing bilateral arrangements and formats,” Konovalov told journalists in Yalta on the sidelines of the forum devoted to legal education.
Russia has with many countries signed an agreement on the transfer of sentenced persons. “There is a universal principle of consent of three parties: countries sending country and receiving the condemned, the fate of which there is a speech”, – said the head of the Ministry of justice of the Russian Federation. According to him, the issue of transfer of Savchenko to the Ukrainian side can be discussed after the verdict. “But I’m not talking in terms of actual. I don’t know if she’ll be convicted, and will it be passed”, – he added.
The order of transfer to the defendant
Earlier in the Russian Ministry of justice explained that “the transfer of convicts between Russia and Ukraine resolved on the basis of the provisions of the Convention on the transfer of sentenced persons 1983”. On the basis of the same Convention, Russia seeks extradition from U.S. of businessman Viktor bout and pilot Konstantin Yaroshenko.
“In accordance with article 2 of the Convention, the request to refer the convicted person is entitled to apply to the Ministry of justice or to the competent authority of a foreign state (the Ministry of justice of Ukraine). The sentenced person may be transferred under certain conditions, including subject to the entry into force of the verdict of the court and the consent of the convicted person (article 3 of the Convention)”, – stressed in the Ministry of justice.
Furthermore, according to article 471 of the Criminal procedure code of the Russian Federation “in the transmission entity may be denied if none of the acts for which the person is convicted is not considered a crime under the laws of the state of nationality of the convicted person”. “At receipt in Ministry of justice of Russia the application for the transfer of the convicted the citizen of Ukraine for further serving the sentence of deprivation of liberty in the state of his nationality, it will be considered in accordance with the provisions of the Convention and the CPC of the Russian Federation”, – stressed in the Ministry of justice.
Viktor Bout in April 2012 was sentenced in the U.S. to 25 years in prison. Russian pilot Konstantin Yaroshenko was sentenced in the U.S. to 20 years in prison.
The trial Savchenko
Consideration on the merits of Nadezhda Savchenko in the Donetsk town court of the Rostov region began on 22 September. According to the investigation, as an officer of the armed forces of Ukraine, while the location of a paramilitary battalion “Aydar” on June 17, 2014 near the village of Metallist, Slavyanoserbsk district, Luhansk region, Savchenko was conducting secret surveillance and correction of shelling the checkpoint of the militia LNR with him were civilians, including three citizens of the Russian Federation – correspondents VGTRK. In the shelling of journalists Igor Kornelyuk and Anton Voloshin were killed.
7 and 8 October testimony was given by several witnesses, including the taxi driver from Lugansk who drove Russian journalists to the place of fire, and the militia proclaimed Luhansk national Republic Dmitry Oslo. He told the court how his partner detained the former Ukrainian army.