Right before loudly announced the beginning of the proceedings for treason Viktor Yanukovych in court Ukraine came to the unpleasant news from Interpol — international criminal police organization took the fugitive President and his associates from the investigation. It happened, by the way, not for the first time.
We will remind, officially, Interpol announced Yanukovych wanted 12 January 2015 (though Ukraine tried to achieve this since the spring of 2014). Such delay Ukrainian law enforcers explained by the bureaucracy in the international criminal police organization and reminded that Ukraine is very important to gather a complete database of evidence about his crimes.
It is also extremely important to avoid any political overtones of criminal cases against Yanukovych, because, according to political scientist Taras Chornovil, “political Affairs,” Interpol perceived extremely painful and do not interfere if they are of a political, military, racial or religious nature. Probably why the card Viktor Yanukovych on Interpol website in 2015 it was noted that he is wanted on charges of misappropriation, embezzlement and abuses committed in especially large sizes or organized group. The wanted list of international criminal police organization, Yanukovych and Co. included three positive aspects for Ukraine.
Firstly, testified against the defendants there is substantial evidence of committing crimes. Second, do not allow them to leave the country of refuge. Thirdly, given the opportunity to once again demonstrate to the world how Russia is refusing to extradite Ukrainian high-ranking fugitives, continues to violate all sorts of international agreements.
However, Ukrainians, eager just punishment for the former President with the company, expect severe disappointment. 21, 2015 data file Viktor Yanukovych was removed from the category of wanted persons on the Interpol website. The international criminal police organization explained that the reason for this was a petition of the law firm Joseph Hage Aaronson LLP.
Defenders of the Yanukovych then announced that Interpol questioned by the Ukrainian law enforcement data, which were the basis for declaring the fugitive former President of Ukraine wanted. In the Ukrainian Bureau of the Interpol declared that access to information about the search of Viktor Yanukovych suspended temporarily, because relative to him, in Ukraine there is no completed criminal case and, as a consequence of court decisions.
As it turned out, there is nothing more permanent than temporary. And the Commission for control over files Interpol session 27 February — 3 March 2017, a decision was taken on withdrawal from the international search of the suspect Yanukovych and Co. “The recent decision of Interpol on the withdrawal with an international investigation of the representatives of Yanukovych’s regime are primarily associated with the imperfection of the criminal procedural law in terms of election of a measure of restraint in the form of detention”, — explained the situation, the Deputy Prosecutor General Evgeny ENIN.
In particular, according to him, in accordance with the rules of Interpol, the person in respect of whom no measure of restraint in form of detention cannot be declared in the international search. The Ukrainian courts refused to make orders on application of measures of restraint in form of detention without the suspect. And to ensure the participation of Yanukovych in the trial when he refuses to come to Ukraine, it is highly problematic.
The Prosecutor’s office, however, believe that the Ukrainian law enforcement agencies will be able to track down the ex-President of Ukraine Viktor Yanukovych to bring Ukraine to serve his sentence after the court ruling. “Our law enforcement agencies will be able to execute the judgment and deliver Yanukovych to Ukraine (for sentence — approx. ed.)” — after the first court session on the case of treason Yanukovych said the Prosecutor of the Chief military Prosecutor’s office Ruslan Kravchenko. But believe in it with difficulty. Especially when you see all the epic attempts of Ukraine to take Yanukovych from Russia by legal means, starting in 2014.
First, Russia has long and successfully spit on international law, therefore, to expect from it the extradition of criminals is not worth it even so. Second, even if we rely on the legal procedures, Russia nothing prevents to extradite Yanukovych To Ukraine, but nothing prohibits them not to give. To prolong this process indefinitely, for example, if the protection of fugitive ex-President served in the Russian court that the criminal proceedings against him in Ukraine — political persecution. And it is on this version and insist defenders of Viktor Yanukovych.
So, according to the lawyer of Vitaly Serdyuk, his client was removed from the international wanted list, because he was persecuted for political reasons. “Interpol takes a wanted person in the case where pre-trial investigation is terminated, which in this case is not, or if there is evidence of political interference in the activities of the law enforcement system. In this case, the Interpol finally withdrew from the wanted Yanukovych due to the presence of the facts of political persecution” — he said. “The state, in cooperation with Interpol, often played in politics… as for the wanted list, is extremely doubtful of its efficiency”, — says researcher of the National Academy of Prosecutor’s office, counselor of law firm “arava” Vitaly Vlasyuk. However, according to him, if the court will pass the decision on election of a measure of restraint in the form of detention, the return of Yanukovych to the list of persons wanted by Interpol, is possible.
“Supporters of Yanukovych and tradepalm should not rejoice in the decision of Interpol on removal from the wanted list Yanukovych, Onishchenko, Klyuyev. The problem we solve. Or convince the Pechersk court to take a decision in accordance with the requirements of the new leadership of Interpol. Or get the court verdict and declare a VIP fugitives wanted for punishment” — has promised the Prosecutor General Yury Lutsenko.
In the end, in the Department of special investigations of the General Prosecutor’s office noted that they intend to appeal the decision of Interpol on removal from the wanted list ex-the President of Ukraine, and also admit that by results of processing of the findings of Interpol, it is possible to make changes to the current legislation. Moreover, to change the laws for this reason Ukraine is not the first time. Read also: Yanukovych was given to the Ukrainian pension of 15 thousand per month a year after fleeing the country — the media will Remind, initially the procedure of conviction could be used only if the suspect is in the international wanted list.
After the suspended Interpol wanted Yanukovych two years ago, the law was changed. In particular, were allowed to pursue correspondence investigation and conviction of persons wanted by Interpol, but fugitives for more than 6 months or residing in the temporarily occupied territories. Another question, how to prove that Yanukovych is in Russia, a fugitive from justice. Especially if he and his defenders insist that to be in Ukraine, he can not because of threats to his life and health. Anyway, to solve this problem is though, because of European sanctions against Yanukovych and Co. are just not long enough — until March 2018. And, considering that in 2014 the sanctions list has decreased significantly, there is no guarantee that, in the absence of real judicial decisions on them, the fugitives will not be restored not only in rights but also in the posts.
