Ms. Valeriya Lutkovska initiates introduction of special ad hoc mechanism for movement condemned persons from the territory of Autonomous Republic of Crimea to the mainland of Ukraine

14/07/2015 17:39

The Ukrainian Parliament Commissioner for Human Rights Ms.Valeriya Lutkovska applied to the Commissioner for Human Rights in the Russian Federation Ms. Ella Pamfilova for the purpose of the solution of an issue of movement of condemned persons from the territory of Autonomous Republic of Crimea to the mainland of Ukraine.

We will remind, at the beginning of February, 2015, discussing an issue of serving of punishment by citizens of Ukraine in the territory of Autonomous Republic of Crimea, Ms. Ella Pamfilova informed of desire of 22 condemned persons for further serving of punishment in the territory of mainland of Ukraine. Considering that the Autonomous Republic of Crimea is temporarily occupied territory of Ukraine and application of standards of the European Convention on the Transfer of Sentenced Persons is impossible within one state, Ms. Valeriya Lutkovska suggested to elaborate the general mechanism of transfer of condemned persons for ensuring the right of the Ukrainian citizens to serve sentence in the continental territory of Ukraine, having applied so-called ad hoc practice for the solution of the mentioned issue.

"Considering that the solution of the mentioned problem within the existing international legal instruments isn't possible, I prepared the draft Memorandum of introduction of ad hoc mechanism for movement of condemned persons from the territory of the Crimea to the mainland of Ukraine with participation of Ombudsmen of Ukraine and the Russian Federation", – it is told in the letter of Ms. Valeriya Lutkovska.

Preliminarily mentioned draft Memorandum was sent to the Ministry of Justice and the General Prosecutor's Office of Ukraine for processing and providing proposals.

The mentioned draft Memorandum foresees that Ombudsmen of Ukraine and Russia will act as those institutions which will coordinate and ensure movement of condemned persons before illegal occupation of Autonomous Republic of Crimea, at their will, to the mainland of Ukraine for further serving of punishment in the territory of continental Ukraine.

"For introduction of ad hoc mechanism the Parties hold necessary consultations and negotiations with competent authorities of Ukraine and the Russian Federation respectively and define contact persons for ensuring expeditious communication, collection of information, processing of a way of movement of persons and their personal records, solution of  other issues connected with movement", – it is enshrined in article 5 of the draft Memorandum of introduction of ad hoc mechanism.

Now comments and rectifications from the Office of Ombudsman of the Russian Federation concerning possibility of signing of the mentioned document are expected.
We will remind, on July 8, at the initiative of the Commissioner for Human Rights Ms. Valeriya Lutkovska transfer of the first nine Ukrainian condemned persons from uncontrollable to the government of Ukraine territory of Donetsk Region was held.