The Ministry of justice of Ukraine within two days submit to the Russian side documents on the transfer of Kyiv Nadiya Savchenko, said Tuesday the Minister of justice of Ukraine Pavel Petrenko. The Ukrainian justice Ministry has received an application Savchenko, in which she asks to start up the mechanism of her return to Ukraine in accordance with the Convention on the transfer of sentenced persons of 1983, quickly processed it and believes that Savchenko must as soon as possible to return to the territory of Ukraine, the Minister said Petrenko. Hope Savchenko on March 22 was sentenced to 22 years in prison for the murder of Russian journalists in the Donbass. The sentence came into force because it did not appeal.
On Tuesday afternoon President of Ukraine Petro Poroshenko said that, in his opinion, he and Russian President Vladimir Putin reached an understanding of the algorithm of the transfer Savchenko. Press Secretary of the President of Russia Dmitry Peskov this statement has not been commented on. Poroshenko details were disclosed.
Conversation Putin and Poroshenko had happened about the request of the Ukrainian side on Monday. Raised the fate of Savchenko, as well as Russians Alexander Erofeev and Evgeny Aleksandrov, reported the press service of the Kremlin. The presidents agreed that Savchenko will visit the Consul of Ukraine. The press service of Poroshenko also said that the President of Ukraine raised the question about visiting Savchenko Ukrainian or German doctors.
On Tuesday, the day after the conversation of the presidents, Savchenko was visited by the Consul General of Ukraine in Rostov-on-don Vitaly Moskalenko. During his visit, President Poroshenko called Savchenko, she was able to talk to his mother and sister. This is the first in two years, Savchenko a conversation with the President, said the Deputy Irina Gerashchenko.
After that conversation, Savchenko made the decision to stop the hunger strike.
“It is the credibility that it gave politicians,” said one of the lawyers Savchenko Nikolai Polozov. According to him, with a tolerance of Consul previously had problems, but on Tuesday they were resolved. According to him, the condemned is in a stable condition, they make her daily intravenous infusion, have kidney problems, swelling, but overall the condition is stabilized. He indicates that it is necessary to conduct an independent medical examination, but still there is no understanding, when and what doctors will be able to visit.
Conditions of transfer
Minister Petrenko drew attention to the fact that the transfer of people under the Convention of 1983 requires compliance with procedural aspects.
Extradition of prisoners decided under the Convention on the transfer of sentenced persons of 1983 and the criminal procedure code of Russia, have explained in response to the corresponding request the Russian Ministry of justice. 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.
If the parties decide that the barriers to issuing no, the materials are transferred in court which renders a decision. If Ukraine declare their intention to free the prisoners, then in accordance with the criminal procedure code it will be grounds for refusal of extradition (article 471 of the CPC). However, under the Convention, each party may grant pardon, Amnesty or commutation of the sentence in accordance with its Constitution or other legal acts.
Considering the words of Petrenko, the transfer Savchenko in the Convention becomes the main mechanism that will be used, in order Savchenko back to Ukraine, says her lawyer Polozov. However, the defending team does not reject others and considering the possibility of pardon by the President of Russia.
Savchenko said repeatedly that he will not seek pardon. However, her lawyer mark Feigin recalls that in the Russian legislation may file such a petition, without admitting guilt.
Polozov believes that the Russian authorities a month to consider the transfer request, but can request more time. In this Convention, the processing of the application is not specified.
The same scheme for other
According to the President Poroshenko, the decision on Savchenko promotes sentencing the Russians and Alexander Alexandrov Evgeny Erofeev. They were found guilty on 18 April on charges of waging aggressive war and terrorist activities and sentenced to 14 years in prison. In Ukraine they were convicted of operating as Russian soldiers, although the defence provided evidence that they had retired from military service and entered the Lugansk people’s militia LNR. Both refused to appeal the verdict. According to Ukrainian law, the sentence shall enter into force 30 days after issuance.
Polozov saw no need to delay the decision on Savchenko and sync it with the response of Kiev.
Prior to sending the request for the transfer of Savchenko, the Ukrainian justice Ministry has sent the transfer request of four earlier convicted in Russia, whose sentences have entered into force. On 8 April it became known that the Russian Ministry of justice has instructed the Federal service of execution of punishments to prepare the documents for resolving the issue of the transfer of Ukraine’s four prisoners, and on 12 April the Russian Ministry of justice announced that it had sent to the Ukrainian office of a request for transfer of six prisoners of the Russians.
Ukraine requests that Oleg Sentsov, Alexander Kolchenko, Gennady Afanasyev and Yuri Soloshenko. Three of the defendants to the possible transfer had been convicted in the so-called case of the Crimean terrorists: the Director Oleg Sentsov was sentenced to 20 years in strict regime and transferred to Yakutia, activists Alexander Kolchenko, and Gennady Afanasiev got ten and seven years imprisonment respectively. Soloshenko, a former Director of the Ukrainian defense plant “Banner” — was convicted last year for espionage in favor of Ukraine and sentenced by Moscow city court to six years in a penal colony.
An example from the past
Under current criminal procedure code of Russia transferred the prisoners have the remainder of the punishment to be held in the Russian colonies, but in practice it doesn’t always happen. For example, in June 2004 in Qatar have been convicted Belashkov Anatoliy and Vasily Bogachev. They were convicted in the murder of Chechen separatist leader Zelimkhan Yandarbiyev and sentenced to life imprisonment. In December between Russia and Qatar, an agreement was reached on the extradition of convicts: they were transferred to Moscow “for punishment”. The Federal service of execution of punishments later stated that it did not know where the alleged perpetrators.