Kiev is ready to exchange, but to do this he must accept the verdict of the Russian court
The city court of Donetsk of the Rostov region on Tuesday sentenced former Ukrainian army Hope Savchenko to 22 years of imprisonment and a fine of 30,000 rubles, recognizing her guilty of complicity to murder of the VGTRK journalists and illegal crossing of the border. To version protection about innocence Savchenko to the court reacted critically, recognizing the evidence submitted insufficient and contradictory, and the evidence is exhaustive. The prosecution on an episode connected with the attempt on the life of six civilians of the Luhansk region, was stopped because of his lack of jurisdiction of the Russian court (this was required by the Prosecutor’s office), but the sentence is not affected – it is close to the maximum possible (25 years). “It’s their happiness that I don’t appeal, there’s a blooper in the hat.” – said Savchenko commenting on the verdict.
The President of Ukraine Petro Poroshenko reminded Putin of his promise to transfer Savchenko Ukraine after sentencing, stating that it is prepared in response to hand over to Russia the two Russian soldiers. But Ukraine “will never recognize neither this trial, nor their so-called justice,” the statement said Poroshenko posted on his official website.
To enemies – the law
The decision about the possible exchange of Nadia Savchenko will take the President of the Russian Federation in accordance with “national legislation”, said the press Secretary of the head of state, Dmitry Peskov.
Attorney Savchenko mark Feigin said that after the entry into force of the judgment the defense is ready to initiate the process of its transfer to Ukraine for further punishment in accordance with the Convention on the transfer of sentenced persons of 1983 As previously explained to “Vedomosti”, the Russian Ministry of justice, a prerequisite is the recognition of the conviction. Transfer may be refused and in case of recognition of the sentence, but without establishing the procedure and conditions of serving of punishment condemned.
For such cases the law provides for the conversion procedure of the national court issued in another state sentence that defines the order and conditions of serving the sentence, explains MGIMO Professor Alexander Volevodz, but such a decision shall be made after the transfer. Guarantee that procedure would be followed, can only serve an international agreement and prescribed in the national legislation of procedure. But after the conversion of the sentence, anything can happen, warns the expert, most likely he considered it an Amnesty that would get Savchenko. However, international cooperation in criminal procedure is based on reciprocity, which in “political” cases are not observed, reminiscent of Volevodz. In the case of Savchenko Russia has grounds for bargaining, he said: according to the Minsk agreement, Ukraine has pledged to Amnesty all participants of the events in the Donbass, i.e. Russians, Poroshenko mentioned, and so must be released. At the same time, Russia is not a party to the Minsk agreements and has no obligations in relation to Savchenko, the expert emphasizes. And the transfer of the convicted is a right, not an obligation of the state.
Two weeks ago the Ministry of justice of Ukraine reported that it had sent the request for the transfer to Ukraine of the Director Oleg Sentsov and three other convicts in the case of the so-called Crimean terrorists. Sentsov’s lawyer Dmitry dinze said that has no idea about the content of the document and knows about it only from the media. According to the lawyer, his client (now it will be convoyed to the colony) such a request is not initiated and his consent was never asked.