Synchronization of the timing of
As reported by Federal official and has confirmed a source close to the leadership of the Federation Council, Moscow will give Nadiya Savchenko to Ukraine for departure of punishment, and Kiev will return to Russia two military convicts, Alexandra Alexandrova, and Eugene Erofeev, is considered in Ukraine “fighters FCU”. These processes will be synchronized, but will take place only after the verdict Alexandrov and Erofeev will come into force — that is, until mid-may.
Under Russian law the court sentence comes into force ten days after the announcement, if you have not filed an appeal, according to the Ukrainian law — 30 days. And if the judgment against Savchenko has already entered into force on 5 April, the sentence Alexandrov and Erofeev will be effective in mid-may, if not be appealed.
“Must pass the terms of the grievance procedure. So to may all hang,” said a source in the Federation Council. According to the interlocutor , in the future, in addition to Savchenko will discuss the exchange of several Russians.
On March 22, the Donetsk city court (Rostov region) Savchenko recognized guilty in the death of Russian journalists and was sentenced to 22 years in prison. The court came to the conclusion that in the summer of 2014 she fought in the Ukrainian battalion “Aidar” in Luhansk region and brought artillery fire on a film crew VGTRK.
Almost a month later, on 18 April, a court in Kiev found the Russians Evgeny Erofeev and Alexander Alexandrov guilty of terrorism and participation in hostilities at the Donbass. They were sentenced to 14 years in prison.
Not a classic exchange
As explained by the lawyer Savchenko Nikolai Polozov, countries can’t use the classic procedure of exchange Savchenko on Erofeeva and Alexandrov. “Direct exchange can only be prisoners of war, and no one recognizes them as such,” says Polozov. But can be applied one of two legal structures: a pardon or extradition for punishment.
“The Ministry of justice of Ukraine this week already sent to Moscow a request for transmission of Savchenko to the sentence. The request of the Russian Ministry of justice will probably be served when the sentence Erofeev and Alexandrov will come into force”, — says the lawyer.
The lawyer Erofeev Oksana Sokolovsky also confirmed that an agreement on the exchange really achieved, but she thinks the design will be applied to the pardon. In this case, the parties will also have to wait for the entry into force of sentences, but everything will depend on the decisions of the presidents.
According to Sokolov, against the verdict to the Russians, the lawyers have not filed. “If negotiations will go in the same key, in which now, no one to appeal the verdict, as this will prevent the exchange,” she said.
Extradition of prisoners decided under the Convention on the transfer of sentenced persons of 1983 and the Criminal procedure code of Russia and Ukraine. As explained in the Russian Ministry of justice, the parties must exchange documents, which stipulate that court decisions must be recognized by both countries, and the sentences executed. If Moscow or Kiev will declare their intention to free the prisoners, then in accordance with the criminal procedure code it will be grounds for refusal. However, under the Convention, each party may grant pardon, Amnesty or commutation of the sentence in accordance with its Constitution or other legal acts. To prevent the issue maybe the fact that in the homeland of the convicted will be pursued on additional items not specified in the request.
The Ministry of justice of both countries, receiving requests for extradition, under the current law apply to the service of execution of punishments, which in turn prepares the material and your opinion on the request, and then transmits the documents to the court. The final decision on extradition is taken by the court. Case is considered by the court, which is located at the place of residence of the convict.
The lawyer Savchenko Nikolai Polozov said in a conversation with that Russian authorities have a month to consider the transfer request, but can request more time. In this Convention, the processing of the application is not specified.
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.
The interlocutor familiar with a course of negotiations about the exchange Savchenko, noted that informal channels are actively requested a return, the representatives of the United States and Germany.
In February, the official representative of US state Department Jen Psaki said that Savchenko should be released. She insisted that this follows from the Minsk agreements.
For the liberation of the pilots at the summit “channel four” in Minsk was expressed by French President Francois Hollande and German Chancellor Angela Merkel.