The chronology of events
On the morning of Wednesday, may 25, the source of Interfax reported that the plane from the fleet of the President of Ukraine Petro Poroshenko in the coming hours to land at the airport of Rostov-on-don. The interviewee claimed that the Board are “soldiers of the GRU” Aleksandr Erofeev and Evgeny Alexandrov. Another Agency source said at the airport brought the Hope Savchenko, which was not transported to the colony after the verdict and remained in a prison in Novocherkassk, Rostov region.
Russian officials on Wednesday did not comment on this exchange (the President’s press Secretary, Dmitry Peskov, the spokesman for the foreign Ministry Maria Zakharova refused to comment), from official pronouncements and refused the Ukrainian side.
According to the Ukrainian edition of “Country”, in Kiev Boryspil airport received “the order to be in full combat readiness”. “To the departure boards have prepared the military part of Boryspil, the national guard and the presidential An-74”, — said the interlocutor of the edition. The former head of the State administration Sergey Berezenko confirmed the same newspaper that in the Park Poroshenko has such a Board.
The presidential airliner, as they say on the website Flightradar24, at 08:06 MSK he flew from Kiev in the direction of Rostov-on-don. Another aircraft, which the Ukrainian mass-media named the presidential, the An-148 with tail number UR-UKR, according to Flightradar24, 25 may have to make one flight. Where and when is not specified. At noon he was in Boryspil.
In the afternoon it became known that Savchenko was taken off in the plane of the President of Ukraine from Rostov-on-don to Kiev, claimed Reuters. According to UNN, Savchenko met on Board press Secretary of the President of Ukraine Svyatoslav Tsigalko and Vice-speaker of the Verkhovna Rada Iryna Gerashchenko. Information about the release of Savchenko AP news Agency confirmed that an unnamed Ukrainian officials.
Sister Vera Savchenko on Wednesday told journalists in Kiev the airport, after landing of the aircraft of the Ukrainian pilots will not go to jail, otherwise there will arrive the volunteer battalion”.
Russian “GRU soldiers”, according to “112 Ukraine”, flew to Moscow from Antonov airport in Gostomel. The plane, which, as he wrote “Ukrainian truth”, can be “soldiers of the GRU” sat at the Vnukovo airport, about 2 PM.
Foundations for sharing
Attorney Savchenko mark Feigin confirmed the “112 Ukraine” that started the exchange process on his client and Erofeeva Alexandrov. Reuters reports that Alexander Yerofeyev and have been pardoned by the decree Poroshenko. The procedure of Savchenko freed, is still unknown.
The representative of the Novocherkassk court said that the authority had not taken any decisions on the Hope Savchenko. The Supreme court said that also was not considered appropriate materials.
According to the lawyer Anna Stavitskaya, who defended the scientist Igor Sutyagin (who was let go as a result of the exchange, after the presidential decree of pardon, to any convict may submit a request for extradition to serve the sentence. Exactly according to the original plan was going to go with Savchenko: her protection was applied to the results.
In Russia mechanisms such as extradition to serve his sentence and release on the prerogative of mercy used to have a formal justification for exemption, stressed the lawyer. “Other legal ways I can not see”, — says Stavitsky. But she notes that the situation is more political than legal and may be used some other way.
The original plan
On March 22, the Donetsk city court (Rostov region) recognized Savchenko is guilty of the deaths 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 “Aydar” in Luhansk region and brought artillery fire on a film crew of VGTRK.
Nearly a month later, on 18 April, a court in Kiev has recognized Evgeny Erofeev and Alexander Alexandrov guilty of terrorism and participation in hostilities in the Donbass. They were sentenced to 14 years in prison.
April 22, a Federal official and a source close to the leadership of the Federation Council, said that Moscow will give Nadiya Savchenko to Ukraine for punishment, and Kiev Russia will return two indicted war, Alexander Alexander and Evgeny Erofeev, is considered in Ukraine, “the GRU soldiers”. These processes will be synchronized, but will take place only after the verdict spectacular video. will come into force — that is, not before mid-may, when the sentences against Russian citizens will enter into force.
As explained by the lawyer Savchenko Nikolai Polozov, the country can not use the classical procedure of exchange Savchenko and Erofeeva Alexandrov. “The direct exchange can only be prisoners of war, and no one recognizes them as such,” says Polozov. But can be used one of two legal structures: the results pardon or for punishment.
The results of the Convention
The extradition of prisoners in the world practice are solved on the basis of the Convention on the transfer of sentenced persons of 1983 and the national Criminal procedure code. As explained in the Russian Ministry of justice, the parties must exchange documents, which, among others, require that decisions of courts must be recognized by both countries, and the sentences executed. Under the Convention each party may grant pardon, Amnesty or reduce punishment in accordance with the Constitution or other legal acts. The Ministry of justice of both countries, receiving the corresponding extradition requests, under the current law calling for the execution of punishments, which, in turn, prepares materials, 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 convicted person.