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Wednesday, December 7, 2016

Bout’s sentencing the judge called the sentence harsh and inappropriate


Judge Shira scheindlin of the United States, upon his retirement, called his own sentence to Russian Victor bout is overly harsh and inappropriate. Former servant of Themis admitted that doubts the involvement of bout’s arms trade, but the offense does not pull to 25 years in prison. Russian lawyers believe that revelation Sheindlin will not affect the fate of the booth, the foreign Ministry urge to listen to it.

“He was not a terrorist, “al-Qaeda”

“But the part of truth, that we have heard already cut the ear, says that in American and independent judicial system has serious flaws”

Retired Federal U.S. judge Shira scheindlin explained why he sentenced the Russian citizen Viktor bout to 25 years in prison. Her confession publishes the New York Times. And although most of her interview is devoted to pressure for justice in the United States in General, the attacks that she had to endure in the post, it say about the bout case.

Sheindlin said that he considers the 25-year term to which she has sentenced Viktor bout in 2012, excessive and inappropriate. But since the United States has case law in the past were already dealt with a similar case, and the lower plank in such cases was set at 25 years in prison, she could not give less.

Ex-judge had no doubt that the Bout was an international weapons dealer, but by the time of his arrest, he “has already almost retired”.

“The question is whether he is still an international arms dealer? And that matters,” said Sheindlin, who believes that the moment of detention already was.

“I’m not defending him,” she added . – But he’s just a businessman. He was in the business of selling weapons. He was not a militant or a terrorist from al-Qaida, who lives in order to blow up civilians in a supermarket.” “This guy sucked, he was offered a huge sum. I gave him the minimum sentence, which could give,” – said Sheindlin.

Thus, the former judge pointed to the imperfections of the American justice system, allowing you to make inadequate judgements.

Revelation judges booth will not help

The President of the Russian Association of international law Anatoly Kapustin said the newspaper VIEW that the recognition of retired judges have no role in the bout case will not play. One thing – what she thinks personally, the other – how legitimate was the solution. Because its validity is not disputed, raising the question of a retrial difficult.

“Here we are not talking about international and the American national legislation, – said Kapustin. – In international law was a high-profile precedent for a judge in the posthumous written confession indicated that he was under pressure, and years later the former decision was reversed”.

We are talking about a territorial dispute between Britain and Venezuela in 1899. For this purpose in Paris was convened by the arbitral Tribunal, and the chief arbiter was a Russian lawyer and diplomat Fyodor Martens. The court took the side of great Britain. But in 1949, when he died the last of the judges and had published his last will and Testament, for the world legal community that became a “bomb”. The arbitrator wrote that 50 years ago, Martens had put pressure on him, as the Russian Empire, then it was more profitable to be friends with great Britain than with Venezuela. Venezuela appealed to the UN and international courts. Half a century ago the case was reviewed, was found a compromise between the two countries.

The President of the Union of lawyers of Russia Igor Trunov also confident that the words of the judge after the resignation on the fate of Viktor bout will not be affected. “But these words confirm the opinion of most Russians about the fact that this trial was unfair bout and was politically motivated”.

Trunov added that the former judge spoke very ethically towards colleagues and the judiciary of their country because, until recently, was part of it. Surely, she didn’t tell everything that happened in reality, limited to a few subjects.

“But the part of truth, that we have heard already cut the ear, says that in American and independent judicial system has serious flaws”, he added.

Trunov said that in the case of booth’s apparent a large political component. And the fate of the prisoner will not be decided in law, and in political arrangements. “From the perspective of classical jurisprudence, it is also unacceptable. But I think by law the sentence is irrelevant. I think sooner or later he’ll be exchanged for some”, he concluded.

Russian foreign Ministry Commissioner for human rights, democracy and the rule of law Konstantin Dolgov commented on the word Seidlin.

“What is the judge actually admitted it that the sentence is inappropriate – she used the word “inappropriate” – it’s hard to disagree, – said Dolgov TASS. – Because, of course, we agree with the advocates of the booth and supported their work on the fact that the sentence is unacceptable and the fault of our citizens has not been proven. Moreover, he was convicted for alleged intention, as they said, to undermine the security of US citizens”.

“The statement Sheindlin once again confirms the existence of serious problems in the judicial system of the United States, selectivity, and bias against, in particular, of our citizens – many such cases”, – he added.

This Debt believes that it is still possible to send booth to serve the remaining term at home. “We hope that lawyers in this situation will not pass, I mean the situation with confessions Sheindlin, and somehow use it in their work. The possibility is always there, it was before, but this opportunity didn’t want to use American power,” – said Dolgov in the air of “Russia-24”.

Overall Debt hopes, I hope that the words of the judge sentencing the booth “will not remain without attention”.

Victor’s wife Alla bout told RIA “news” that the judge actually acknowledged business bout fabricated. “In fact, Sheindlin almost directly said in an interview that the case against Victor was fabricated by the US intelligence services, has drawn it in prepared their own agreement, which according to current us law is considered a felony”, she explained.

The court case

At the end of March the lawyers of Viktor bout expressed the opinion that the resignation of the judge leading his case, which could complicate the protection. Before leaving Shira scheindlin even expressed a willingness to reconsider the case if the defense were able to obtain from the UN security Council documents showing that sanctions against Russia were introduced illegal, passed TASS. Although this opportunity seemed ghostly, like look at her new judge, remains a question.

Also recently discussed the possibility of exchange of Viktor bout and other Russians, sitting in an American prison, Konstantin Yaroshenko, for example, the Ukrainian servicewoman Nadezhda Savchenko, received in Russia the term for his involvement in the murder of journalists in the Donbass.

However, Washington said that it does not consider the possibility of such an exchange. The Kremlin also said the lack of information on this subject.

Viktor Bout was arrested in Thailand in 2008. In 2010, he was extradited to the United States. In April 2012 he was found guilty in U.S. court to conspiring to sell weapons to the group, the Revolutionary armed forces of Colombia (FARC), which is considered in the US as a terrorist organization, and sentenced to 25 years in prison. Russia has consistently sought the return bout to their homeland.

At the same time with booth in the United States serving a 20-year sentence for Russian pilot Konstantin Yaroshenko. The Americans found him guilty of conspiring to transport large quantities of drugs. In this case Yaroshenko is experiencing health problems. So, in January he underwent surgery, but without training, without giving the necessary medicines. Yaroshenko repeatedly stated that the U.S. government diskriminerad his rights.

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