An obstacle to the extradition of Ukraine of the convicted Director Oleg Sentsov, Alexander Kolchenko, Gennady Afanasyev can be a question about their citizenship. About this “Kommersant” said the lawyer Kolchenko Svetlana Sidorkina.
The lawyer reminded that to send convicts to Ukraine it is necessary to observe several conditions: the presence of Ukrainian citizenship, the presence of the criminal code articles under which they were convicted, and the departure of at least six months of the term after the verdict. “We are especially concerned by the first paragraph of” — said the lawyer. According to the 61st article of the Constitution, citizens of Russia cannot extradite to another state.
Sidorkina said that Sentsov, Kolchenko and Afanasyev lived in the Crimea after its joining Russia automatically became Russians. To keep Ukrainian citizenship, they had to abandon Russian, but that didn’t happen. New passports convicts also have not received.
“As a result of the preliminary investigation, they were Russians, but the North-Caucasian district military court in making their sentencing their Ukrainian citizenship is not denied,” said Sidorkin. According to her, at that time the Commissioner for human rights Ella Pamfilova in his report, also acknowledged the convicts namely Ukrainians. Lawyers expect that this position and will confirm the court.
During the investigation Sentsov and his defense has instructed the Ukrainian nationality of the Director. His lawyer Dmitry dinze last February, explained that, from the point of view of the Prosecutor General, “Sentsov de facto has dual citizenship — he is a citizen of Ukraine and Russia into force of Federal constitutional law, which was adopted on Crimea.”
“But de jure he is a citizen of Russia due to the fact that there are no bilateral agreements between Ukraine and Russia on dual citizenship,” — explained the defender. Because of this, according to Dinze. the Agency has recognized as lawful, that in a criminal case are Sentsov as a Russian citizen.
According to “Kommersant”, the submission of the Ministry of justice of the Russian Federation and the Federal penitentiary service about transfer for serving of punishment of Ukraine four Ukrainians, Sentsov, Kolchenko, Afanasyev and sentenced for espionage Yuri Soloshenko will be treated by the Supreme court.
In August last year, the North-Caucasian district military court sentenced Sentsov to 20 years of imprisonment in a strict regime colony. The court found him guilty in the preparation of two terrorist attacks in Crimea, preparing to another and the creation of a terrorist community. The second defendant in the case – Alexander Kolchenko, received ten years of imprisonment. Afanasyev was sentenced to seven years in prison. During the investigation, he was the main witness for the prosecution but recanted, stating that they had been given under pressure.
Recently the Ministry of justice of Russia has charged to prepare documents for solving the issue of the transfer of Ukraine Director Oleg Sentsov and other Ukrainians. For the issue, Russia and Ukraine need to exchange documents, which provide that a decision of a Russian court will be recognized by Kiev, and the sentence is executed.