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Russian authorities may attempt to increase the number of charges against captured Ukrainian sailors captured in the Kerch Strait on 25 November.
Such an opinion was expressed during an interview given to Radio Liberty by the lawyer Mykola Polozov, protector of one of the captives – the second-tier captain, the commander of the division , Denis Gritsenko, and the coordinator of the team of lawyers who will ensure the defense of prisoners of war.
"At the present time, the 24 seafarers are charged with the same allegations – in violation of Part 3, Article 322 of the Criminal Code" of illegal crossing of a State's border by a group of persons who were the object of a previous conspiracy or an organized group, with recourse to violence or without violence, "said the lawyer.
He recalled that the maximum penalty provided for by this article is six years of imprisonment.
"Given the experience gained in other cases concerning Ukrainian political prisoners, I do not exclude that the Russian authorities are trying to to increase the volume. accusations ", – said Polozov
On the question of when we can count on the return of sailors in Ukraine, Polozov said:" If a political decision is made to transfer them to Ukraine, these prisoners of war can be (transmitted – ed.) Just in the middle of the investigation. "
principle of criminal procedure, the preliminary inquiry in criminal proceedings lasts about a year and a half .The investigators then transmit the I hope that the situation of Ukrainian sailors prisoners of war will be resolved more quickly than the investigation will last for a year and a half.Unfortunately, it depends only on the political decision. depends on the ability of the Ukrainian authorities in the alliance with their Western partners to reach the necessary solution of the Kremlin, "Polozov said.
"It all depends on the Kremlin's decision, and if the international community can find an approach (with a mandatory condition for the release of these prisoners of war), they will be released at any stage of the war. 39, investigation, at any stage of the trial, "said a lawyer.
"It is like the other Ukrainians, political prisoners, in other words, the people that Russia holds in captivity and whose liberation causes some of its conditions." Some pirates or Somali terrorists Normal states do not do it, "he added.
The lawyer also pointed out that the 24 inmates were all military.
"All, under international law, of the Third Geneva Convention, have the status of prisoners of war, whether or not to recognize that and the party that seized them … There is a position such that, if the war is not declared, there can be no prisoners of war, this is absolutely not the case, "he said.
Polozov also noted that the Russian authorities were committing violations of the conventions against seafarers.
"Firstly, these sailors could not be placed in a SIZO.Secondly, they could not apply the decision of any non-military court.They could not be divided into different cameras.They could not be transformed in prison terms and could not remove them a military uniform with forms of distinction.They should have been allowed to maintain a military subordination, "said the lawyer.
"All this means that the Russian Federation does not recognize the norms of international law relating to these prisoners of worship, which are in fact committed against them and continue to be a war crime," he added.
Read also:
The war in the Kerch Strait: planes, attack planes and seizure of Ukrainian ships
Captive seamen: where do they stand now and how are they? Will Ukraine release them?
Recall that on November 25, in the Black Sea, border vessels The FSB of Russia struck and opened fire on the sinking of the Ukrainian navy
The Russians seized 2 Ukrainian boats, 1 tug and 24 Ukrainian soldiers. Three of the Ukrainian sailors were injured. All the sailors and officers of the SBU arrested on board were
Ukrainians arrested for trafficking to Moscow at the detention center "Lefortovo", three wounded detained in the medical block of the detention center for investigations "Matroska silence".
According to the person authorized by the Verkhovna Rada of Human Rights. and Lyudmila Denisova, the status of Ukrainian seamen as prisoners of war, provides, according to the Geneva Convention, a "special" model of dismissal.
The Russian Federation stated that Ukrainian seamen captured after shelling their ships in the Black Sea would remain in detention in Russia. at least until the completion of the judicial proceedings.
Russian President Vladimir Putin said that Russian border guards had captured Ukrainian ships because they "had gone to Kerch".
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