Russians working in the sphere of high technologies, should be careful to choose a place to stay. That’s the advice lawyers, commenting on the arrest at the request of the FBI in Spain Russian programmer Stanislaus Lisova. The Americans suspect the Russians in banking fraud and expected to find another hacker. What will help the Russian citizen who could face extradition to the US?
Russia will not allow infringement of the rights of its citizens, unrelated to the illegal actions, no matter where they were, said the press Secretary of the President Dmitry Peskov, commenting on the arrest in Spain at the request of the FBI Russian programmer Stanislaus Lisova.
“Russians working in the field of IT-technologies, it is necessary to be careful with the choice of place to stay”
Lisova about the arrest, which occurred at Barcelona airport on January 13, said the wife of the programmer Daria. “When we got out of the car, approached by two police officers, flashed a badge and announced that the delay of her husband, began to check the phone, tablet, laptop,” said the woman. Stanislav and Daria Lisovy live in Taganrog, and in Spain to spend your vacation. From Barcelona they were going to fly to the French city of Lyon.
In the media there were reports (including from the words of Daria Lisovoy) that the programmer is suspected of involvement in hacking attacks – and it is this assertion contained in the “orientation” given to the FBI and Interpol to the Spanish authorities. However, so far no charges Lisov is not shown. His wife said that her husband has hired a lawyer, but for a long time could not figure out what exactly is suspected Stanislaus.
The Spanish side are in no hurry to provide all the necessary information as claims to Lisov appeared in the United States. The press center of the Department of state in Washington had forwarded a question about the detention of the Spanish authorities, the FBI and Interpol, the situation is not yet commented.
Finally, on Thursday afternoon a representative of the Civil guard (Guardia Civil, a paramilitary police unit of the interior Ministry of Spain) announced: Russian Stanislav Lisov was detained at the airport of Barcelona at the request of Washington, suspecting him of fraud, the case is pending before the National court. Later a police spokesman said that Russian programmer suspected of Bank fraud.
Daria Lisova afraid that her husband will be sent to the United States without trial. She told me that her husband is in prison Brians, in the Catalan Martorell, where conditions are “poor”. The woman turned to the foreign Ministry and the Russian Consulate in Barcelona.
Russian Embassy in Madrid has the situation under control. Press Secretary of the Russian Embassy in Spain Basil Nioradze confirmed that Madrid had informed the Russian side about the arrest, Moscow requested information on the causes of the incident.
“Our Consulate General is with him (by lisovy) in contact, a consular officer visited him, – told reporters the Russian foreign Ministry Commissioner for human rights, democracy and rule of law Konstantin Dolgov. – Complaints about the content of our citizen does not at this stage. Our citizens are receiving the necessary consular support. The Russian Embassy in Madrid and Consulate General in Barcelona are doing everything necessary to ensure that the legitimate rights of the Russian citizen was respected.”
Dolgov also said that Lisov given a free public defender. “Closely monitoring the situation” – quoted by TASS message of the diplomat.
“Nothing bad to say about him I can’t”
The staff of the Taganrog company Oggetto Web, where Lisov worked until 2013, saying that shocked by the news about the arrest of his former colleague.
“We can only give a positive response to Stanislav as an employee and as a person – said the representative of the company, RIA “Novosti”. – He worked as a quality control software that was created by the company, with duties were handled. Questions to the discipline and some professional things we had. With the man was always easy to negotiate. I want to believe that this is all some kind of mistake. Nothing bad to say about him can’t.”
The company where I worked as Stanislav Lisov, develops sites for online stores, e-Commerce and mobile applications.
Any Russian programmer – under suspicion
“Given the foreign situation, when any Russian citizen working in the IT sector may come under suspicion of the American intelligence services, Russia now needs to pursue (under the auspices of the United Nations and other international organizations) multilateral agreement concerning investigation and extradition of persons suspected of committing crimes in the sphere of computer technologies”, – said in comments the newspaper VIEW President of the Russian Association of international law Anatoly Kapustin.
“The Convention held American principle. Under this principle, the jurisdiction of the state in whose territory the offence was committed, apply everywhere. Must be more clearly defined position of the state on whose territory a crime is committed, and add, that the offence should be considered after all the place where the computer is, where is directly hacking, and parties are supposed to be the jurisdiction of the state where the hacker” – said the lawyer.
At the same Convention, said Kapustin, the prosecution of suspects made on the basis of the legislation of the country in which the damage was caused.
To the same, has not yet signed the new international agreement, according to the expert, our compatriots working in the sphere of high technologies, you need to be careful with the choice of place to stay.
The most that can now make Russia a detainee in Spain Stanislav Lisova, to provide him with consular assistance, said Kapustin. “Refers to consular assistance in the observance of his rights, and finding qualified lawyers who will protect his interests, accompanying this case”, – explained the lawyer.
“By US law enforcement practiced illegal methods”
Note that arrests of Russians abroad at the request of the United States occur regularly. The foreign Ministry has promised to provide the new administration of Donald trump on this issue. Meanwhile, recently the U.S. government issued more than 20 orders for the detention of Russians in different countries, said in late December, Konstantin Dolgov.
“By US law enforcement methods practiced illegal extraterritorial application of its legislation against Russian citizens in third countries”, – said foreign Ministry Commissioner for human rights. Among the recent incidents he called the arrests of Yuri Efremov in Finland, and Aleksey Burkov in Israel. “This is unacceptable, contrary to international legal norms, the provisions of the Treaty on mutual legal assistance in criminal matters of 1999,” Dolgov said.
Recall, Burkov was detained at the request of Washington at the Israeli airport. Ben-Gurion, when he returned from holiday with his girlfriend home to Russia. As reported in the Russian Embassy in Israel, Burkova is accused of hacking into computer databases. The Israeli court decided to hold hearings on extradition to the US Russian Alexey Burkov closed to the press mode. The court extended the period of detention Burkova until January 21, while not accepting the decision on his extradition to the US.
Yuri Efremov – Colonel of internal Affairs in resignation, fought in Afghanistan, had both Chechen campaigns. The reason for the detention was the visit of Ephraim to the exhibition of weapons of the United States in 2011, where the Colonel has purchased the item for the gun, but didn’t know what the law States to take the details of the weapon are prohibited.
Cases of arrests of our citizens at the request of the United States for the recent increase. So, in October of last year in the Czech Republic, was detained a Russian citizen Evgeny Nikulin, who is suspected in hacker attacks on targets in the United States. His arrest came in one of the hotels of the city, soon after the man lost consciousness and was hospitalized, while police does not indicate the cause of the incident. The Prague city court has made the decision to arrest the detainee. “The decision on the extradition of hacker in the United States will take the justice authorities,” said the Bureau of police.
USA will teach only the “mirror” arrests
International lawyer, the lawyer Valery Vanin took the VIEW that, unfortunately, Russia has not taken the mirror moves in this area and did not arrest in response to US citizens. “So no progress on the issue of detention of our compatriots in the territory of the United States or other countries. Our citizens as issued and not issued. Either by exchange or by whatever other way,” – said the lawyer.
Now, according to Vanina, we can turn to the competent authorities in Spain to insist on the extradition of a Russian citizen on our territory for investigation and litigation, regardless of upon request which country our citizens arrested and indicted. “Further, the accused party must provide to a Russian court evidence of the guilt of our compatriots”, – he added.
We were reminded that the US hasn’t felt the consequences of their steps against the Russians, in particular Konstantin Yaroshenko and Viktor bout. “As soon as on the territory of third countries and Russia will hold their citizens and to extradite our territory, then, just maybe, they will realize the illegality of their actions”, – said the lawyer.