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Tuesday, October 25, 2016

The Yaroshenko case: United States of delaying the extradition of Russian pilot

Serving 20-year prison sentence in the US on charges of preparations for transporting large quantities of cocaine Russian pilot Konstantin Yaroshenko signed the petition about sending it to Russia. According to the pilot, he would prefer that the request for extradition to the us side has sent the Russian Ministry of justice. However, the U.S. government asked him to sign a petition on his behalf, which he did.

Moscow has already sent requests to extradite Yaroshenko and Viktor bout, also convicted in the US for 25 years), but then they are left unsatisfied.

Both forms of the request and a petition from the prisoner, and from government agencies, to meet the norms of international law, in particular the Council of Europe Convention of 1983 on the transfer of sentenced persons to serve their sentence in the country of citizenship. This document, ratified by Russia, and the United States, has repeatedly appealed to Moscow.

Now the problem is that, as noted by the pilot, signed by the petition may in fact slow down the extradition process.

The difference between a petition from the convicted person and request from government agencies really are, says member of the International Union of lawyers, a specialist in international law and international relations, Raisa ANPILOGOVA.

“State the request is served by the competent authorities of one state to the authorities of another, and already the country where the prisoner makes the decision. Any person in custody also has the right to ask to transfer them to the territory of another state. But in a country where there is a prisoner. – said the lawyer in an interview with “MK”. The difference is that a formal request from the state, prepared in accordance with international standards, should be considered mandatory. And – in a mandatory manner, such a request must be responded to the country that sent him.

If the petition for transfer is filed is not a public authority, then the competent structures for which it is intended, there is no obligation to consider it. We are not talking about what will certainly follow the denial, it simply can postpone and not to give answers. And it is legitimate – I of the international Convention on the obligation to consider such petitions do not know, obviously, it is not.”


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