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Monday, October 24, 2016

Exchange bout and Yaroshenko looks very real

“As a rule, such proposals are made, when the situation developed,” – said the newspaper VIEW lawyer convicted in US for 25 years of Russian citizen Viktor bout. So the lawyer has commented on Moscow’s proposal to exchange bout and pilot Konstantin Yaroshenko on the Americans jailed in Russia. There is great probability that the US will agree to such a deal?

Moscow suggested Washington use the mechanism of the transfer of prisoners of the Council of Europe for the return of Russian citizens Konstantin Yaroshenko and Viktor bout to Russia. This was in conversation with TASS said Deputy foreign Minister Sergei Ryabkov.

“Given the fact that Bout has already served a sufficiently long sentence in prison, it is likely that the Americans will agree”

Thus the diplomat confirmed the information of the newspaper “Izvestia”, which announced the offer with reference to the answer of presidential administration of Russia on the appeal of the mother of pilot Yaroshenko Lyubov. Moscow is ready to exchange Yaroshenko several American citizens are among 13 people who were convicted at various times in Russia.

The document referenced by the foreign Ministry, the Council of Europe Convention on the transfer of sentenced persons, adopted in 1983. The document States: the transfer is possible only if the judicial decision is final and not subject to appeal. The sentence, the sentenced person still has to serve, must be equal to at least six months at the time of receipt of the request for transfer, or be indeterminate. Thus the sentencing state and the administering state agree to the terms of the transfer.

The probability of exchange of a sufficiently large

“As a rule, such proposals are made, when the situation developed,” – said the newspaper VIEW lawyer bout Alexey Binetsky. In this regard, he believes that the probability of exchange is large enough. “I hope that the Ministry of foreign Affairs of such proposals just for PR will not do”, – said the source and added that “it would, of course, a wonderful solution to this problem”.

If such an exchange take place, so this question from a legal point of view, agreed, it is understood by lawyers and in the United States and Russia, said Benecki. He recalled that the main reason for refusal to extradite bout to serve his sentence in Russia was that what he was accused of is a crime only under us law, but not in Russian.

“It is difficult to judge whether to agree to the U.S. Department of justice, the source added. – Everything will depend on those American personalities, who are in Russia. If they really need the Americans, such an exchange will probably take place”.

“Mr President, one hope for your help!”

Recall, a letter addressed to President Vladimir Putin’s mother Yaroshenko wrote in may. “Dear Vladimir Vladimirovich, I beg you, I beg you, one hope for your help! Take action to exchange my son Konstantin Yaroshenko for a speedy return home to Russia. Save him!” – the letter said.

She emphasized that “health Constantine undermined thoroughly, so there can not be – in court for years with the criminal “court” useless.”

Also in may the Minister of justice Alexander Konovalov said that the entrepreneur Viktor Bout and pilot Konstantin Yaroshenko was convicted in the United States illegally. He did not rule out that both may re-apply for their extradition to Russia, but “these appeals is likely to reject”. “I’m not too optimistic: we don’t have very good relations with the United States to provide legal aid,” he said, noting that none of the convicted persons in the USA Russians have not yet applied to the Ministry of justice with a request to transfer home to serve his sentence here.

American justice without borders

Russian businessman Viktor Bout was arrested in 2008 in Thailand, on request of the American authorities accusing it in illegal arms trade with Colombian rebels. Note that in August 2009, the Thai court denied the US extradition. The judge found insufficient evidence of guilt, and pointed out that the Revolutionary armed forces of Colombia (FARC) is a radical organization which, according to the prosecution, Booth sold weapons, is a political, not a terrorist, as claimed by the United States.

However, in September of the same year, the Bangkok criminal court refused to release the Russians bail. In November 2010 another requirement of the Americans the Bout was extradited to the United States and detained. In April 2012, the Russian was sentenced to 25 years in prison and a fine of $ 15 million. In Moscow it was called “unreasonable” and “biased”. On Smolensk square promised to seek the return of Russians to their homeland, saying that this issue will become a priority in talks with Washington.

Russian pilot and businessman Konstantin Yaroshenko 1998 single contract engaged in passenger and cargo services in Africa. In may 2010, was arrested in Monrovia, the capital of the West African state of Liberia that traditionally belong to the sphere of influence of the United States.

Members of the Liberian national security Agency, accusing Yaroshenko in preparation for the transportation of large quantities of heroin, gave the Russians the American Management on struggle against drug trafficking (DEA, is part of the US Department of justice).

The Russian diplomatic service was not informed about the detention of Yaroshenko. 19 Jul 2010 the Russian Embassy in Washington sent a note to the state Department – it was noted that never before has so seriously violated as adopted in the 1963 Vienna Convention on consular relations. Never before has the U.S. intelligence services have not captured a Russian citizen in the territory of a third country for secret export to the United States.

As argued by the American prosecution, Yaroshenko as a pilot and businessman has agreed to supply the aircraft, pilots and crews that were supposed to be used for shipments of cocaine from South America to Liberia and from Liberia to other points in West Africa. The indictment stated that Yaroshenko “realized that of Liberia of this cocaine subsequently to be imported into the United States, so we can conclude that he was involved in a conspiracy to import cocaine into the United States worth more than $ 100 million”.

September 7 2011, Yaroshenko was sentenced by a U.S. court to 20 years imprisonment.

Yaroshenko repeatedly stated that the U.S. government diskriminerad his rights. At the end of June Yaroshenko refused to appeal to the U.S. Supreme court to review his case. “I believe this venture, after he was completely ignored by the courts of the United States, many violations and, most importantly, U.S. courts have legalized repeatedly revealed the lies of the Prosecutor’s office and the DEA, absurd”, – he said.

“There was some elaboration of the question”

“The fact that the Russian foreign Ministry officially and openly talking about the possibility of release Yaroshenko and bout, in itself, shows that this dialogue is” – said the newspaper LOOK President of the Foundation for research of problems of democracy, member of the Public chamber Maxim Grigoriev. “As a rule, such proposals publicly made only after there was some discussion of the issue”, – said the source.

The expert believes that such an exchange is more than possible, because the situation with booth and Yaroshenko “is clearly questionable for the United States”: “one And the other was arrested on the basis of certain provocative activities of U.S. intelligence. (That is) for their facts, but only for statements of the representatives of the American special services, which, in fact, pushed to commit a crime”.

The health situation of bout and Yaroshenko – heavy, both suffer from various diseases and are seriously threatening health conditions in American prisons, said Grigoriev. “So this initiative is very important, primarily for humanitarian reasons. The percentage that the American side will agree to this proposal, enough”, – the expert believes.

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