News
- 20 September 2010, 16:57
- The Prosecutor General's Office of the Russian Federation
The request for the extradition of Mr A.I. Zakayev with the view of bringing him to justice, sent by the Prosecutor General’s Office of the Russian Federation to Poland, contains information that the criminal investigation is carried out in Russia against Zakayev on the following charges as provided for in the Criminal Code of the Russian Federation:
- Article 209 (1) (the creation of a stable armed group (band) for the purposes of an attack upon persons or organizations, as well as the leadership of such a group (band);
- Article 205 (3) (terrorism);
- Article 317 (encroachment on the life of a law enforcement officer);
- Article 206 (3) (taking of hostages by an organized group, that entailed grave consequences);
- Article 105 (2 “a”, “b”, “g”, “h”, “m”) (homicide, that is the intentional causing of death of two or more persons, in connection with the execution by these persons their official or social duties, committed by an organized group, repeatedly and accompanied by banditry);
- Article 162 (3 a) (assault with robbery, committed by an organized group);
- Article 30 (3) and Article 105 (2 “a”, “b”, “g”, “h”, “m”) (attempted murder, that is the intentional causing of death of two or more persons, in connection with the execution by these persons their official or social duties, committed by an organized group, repeatedly, accompanied by banditry);
- Article 126 (3) (kidnapping committed by an organized group that entailed other grave consequences);
- Article 112 (2 “c”, “d”, “g”) (intentional causing of medium gravity harm to health, committed with special cruelty, mockery or torment to the victim, by an organized group, by a person who previously committed a homicide);
- Article 33 (4) and Article 295 (inclination of another person to encroach on the life of investigators in connection with preliminary investigation, committed for the purpose of obstruction of the lawful activities of the said persons);
- Article 279 (organization of an armed revolt and active participation therein for the purpose of forcible change of the constitutional system of the
Russian Federation and violation of the territorial integrity of the Russian Federation).
Most of the acts incriminated to Zakayev are considered as grave and especially grave crimes, and are mostly of common criminal nature. They cannot be justified by any political motives. These acts are denounced both by the morals and the law, including the international law, in particular, the 1979 International Convention against the Taking of Hostages.
Poland and Russia are bound by the 1977 European Convention on the Suppression of Terrorism, under which for the purposes of extradition between the Contracting States, some offences, in particular, a serious offence involving kidnapping, the taking of hostages or serious unlawful forcible detention of people shall not be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives.
As follows from the materials of the investigation, Zakayev not only acted as an organizer or gave orders to commit crimes. The criminal file in respect of Zakayev contains the evidence that in order to make one of the abducted civilians give testimony Zakayev himself shot into that man’s both hands and ordered that he be left in the cellar without any medical aid and any food, and deprived of sleep. As a result the victim lost his three fingers. In fact, this may be considered as torture, which is prohibited by the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. And in accordance with the UN International Covenant on Civil and Political Rights (1996) the prohibition of torture is regarded as an absolute prohibition, which means that there shall be no derogation from it under any circumstances.
The request for extradition includes some guarantees that in case of Zakayev’s extradition to Russia the conditions of his detention and the treatment thereof will comply with the international standards concerned.
The Prosecutor General’s Office believes that the decisions on the restrictive measure to ensure Zakayev’s presence during the extradition proceedings and on his extradition to Russia will be taken in conformity with the standards of a rule-of-law State, meaning that it will be based on the legal grounds only, but not on political considerations, consistent with the international obligations of Poland.
The Prosecutor General's Office
of the Russian Federation
The Prosecutor General's Office of the Russian Federation
20 September 2010, 16:57
Information related to the extradition of A. Zakayev
The request for the extradition of Mr A.I. Zakayev with the view of bringing him to justice, sent by the Prosecutor General’s Office of the Russian Federation to Poland, contains information that the criminal investigation is carried out in Russia against Zakayev on the following charges as provided for in the Criminal Code of the Russian Federation:
- Article 209 (1) (the creation of a stable armed group (band) for the purposes of an attack upon persons or organizations, as well as the leadership of such a group (band);
- Article 205 (3) (terrorism);
- Article 317 (encroachment on the life of a law enforcement officer);
- Article 206 (3) (taking of hostages by an organized group, that entailed grave consequences);
- Article 105 (2 “a”, “b”, “g”, “h”, “m”) (homicide, that is the intentional causing of death of two or more persons, in connection with the execution by these persons their official or social duties, committed by an organized group, repeatedly and accompanied by banditry);
- Article 162 (3 a) (assault with robbery, committed by an organized group);
- Article 30 (3) and Article 105 (2 “a”, “b”, “g”, “h”, “m”) (attempted murder, that is the intentional causing of death of two or more persons, in connection with the execution by these persons their official or social duties, committed by an organized group, repeatedly, accompanied by banditry);
- Article 126 (3) (kidnapping committed by an organized group that entailed other grave consequences);
- Article 112 (2 “c”, “d”, “g”) (intentional causing of medium gravity harm to health, committed with special cruelty, mockery or torment to the victim, by an organized group, by a person who previously committed a homicide);
- Article 33 (4) and Article 295 (inclination of another person to encroach on the life of investigators in connection with preliminary investigation, committed for the purpose of obstruction of the lawful activities of the said persons);
- Article 279 (organization of an armed revolt and active participation therein for the purpose of forcible change of the constitutional system of the
Russian Federation and violation of the territorial integrity of the Russian Federation).
Most of the acts incriminated to Zakayev are considered as grave and especially grave crimes, and are mostly of common criminal nature. They cannot be justified by any political motives. These acts are denounced both by the morals and the law, including the international law, in particular, the 1979 International Convention against the Taking of Hostages.
Poland and Russia are bound by the 1977 European Convention on the Suppression of Terrorism, under which for the purposes of extradition between the Contracting States, some offences, in particular, a serious offence involving kidnapping, the taking of hostages or serious unlawful forcible detention of people shall not be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives.
As follows from the materials of the investigation, Zakayev not only acted as an organizer or gave orders to commit crimes. The criminal file in respect of Zakayev contains the evidence that in order to make one of the abducted civilians give testimony Zakayev himself shot into that man’s both hands and ordered that he be left in the cellar without any medical aid and any food, and deprived of sleep. As a result the victim lost his three fingers. In fact, this may be considered as torture, which is prohibited by the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. And in accordance with the UN International Covenant on Civil and Political Rights (1996) the prohibition of torture is regarded as an absolute prohibition, which means that there shall be no derogation from it under any circumstances.
The request for extradition includes some guarantees that in case of Zakayev’s extradition to Russia the conditions of his detention and the treatment thereof will comply with the international standards concerned.
The Prosecutor General’s Office believes that the decisions on the restrictive measure to ensure Zakayev’s presence during the extradition proceedings and on his extradition to Russia will be taken in conformity with the standards of a rule-of-law State, meaning that it will be based on the legal grounds only, but not on political considerations, consistent with the international obligations of Poland.
