Kyiv demands Moscow return 113 convicted Ukrainians

04.04.2019 15:34

Ukrinform

Ukraine has sent a note to Russia demanding the transfer to the Ukrainian authorities of 113 Ukrainian citizens illegally held in Russia and the temporarily occupied territory of Ukraine in violation of international humanitarian law and international human rights law, the Ukrainian Justice Ministry has reported.

"Ukraine demands that the Russian Federation immediately return Ukrainian citizens illegally held in the Russian Federation and in the occupied territory of the Autonomous Republic of Crimea in violation of the norms and principles of international humanitarian law and international human rights law and that they be given an opportunity to serve their terms given by the Ukrainian courts in the territory Ukraine, in accordance with its legislation," the report reads.

The Justice Ministry notes that it received appeals from Ukrainian citizens sentenced by verdicts of Ukrainian courts, which, as a result of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol, have been brought into compliance with the legislation of the Russian Federation by the so-called judicial bodies operating in the temporarily occupied territory of Ukraine, as well as Ukrainian citizens convicted by the illegal occupation authorities in accordance with the Criminal Code of the Russian Federation.

These citizens are currently serving their terms in the territory of the Autonomous Republic of Crimea or transferred to the territory of the Russian Federation, the ministry said.

The Justice Ministry emphasized that in accordance with Article 1 of the law of Ukraine on ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine, Crimea is an integral part of Ukraine, which is subject to the Constitution and laws of Ukraine.

In addition, the report notes that according to Article 9 of the same law, any bodies in the temporarily occupied territory and their activities are considered illegal if these bodies are formed in an order not stipulated by law.

Accordingly, any act (decision) issued by the body and/or officials created, elected or appointed in an order not stipulated by law is null and void and does not create any legal consequences.

"The functioning in the temporarily occupied territory of Ukraine of the courts that issue judgments in the name of the Russian Federation, as well as the administration of justice in accordance with Russian procedural and substantive law, has no legal consequences under the legislation of Ukraine, since they were created in violation of the Constitution and laws of Ukraine," the ministry said.

According to the Justice Ministry, 113 Ukrainian citizens are illegally deprived of their liberty and the right to be punished on the territory of Ukraine for crimes committed on the territory of Ukraine for which they were convicted in accordance with the legislation of the Russian Federation.

According to Part 3 of Article 5 of the law of Ukraine on ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine, the responsibility for violations defined by the Constitution and laws of Ukraine, human rights and freedoms in the temporarily occupied territory is placed on the Russian Federation as an invading state, in accordance with the norms and principles of international law, the ministry said.