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We offer to your attention the interview of the Deputy Prosecutor General of the Russian Federation Alexander Zvyagintsev to the information Agency «Interfax»
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We have established cooperation with colleagues from more than 70 countries around the world

The Deputy Prosecutor General of the Russian Federation Alexander Zvyagintsev told to "Interfax" about the international cooperation of the prosecutors and the perspectives of extradition of an accused of preparing an attempt of assassination on Vladimir Putin

- Alexander Grigorievich, among other important issues, you, as a Deputy Prosecutor General of the Russian Federation, supervise the sphere of international cooperation and personally know, not by hearsay, about the problems of relations with foreign colleagues. Is it possible to avoid policies in the legal collisions or it is impossible?

- First of all I note that in the conditions of internationalization of criminal activities, particularly in the area of terrorism, drug trafficking, human trafficking and legalization of criminally acquired assets, the success of law enforcement activities is often depends on the effectiveness of international cooperation in criminal proceedings. In recent years the General Prosecutor's office of Russia significantly increased its activities as a central national authority providing the interaction on international treaties, regulating the issues of extradition of persons for bringing to criminal responsibility or the execution of a sentence as well as legal assistance in criminal matters. It is a very considerable amount of work. It is sufficiently to say that we have established cooperation with colleagues from more than 70 countries around the world. Only for the last year we considered almost 10 thousand of requests for extradition and investigative requests both received from abroad as well as designated for directing to foreign partners. And unfortunately a serious problem here is an unreasonable politicization of individual countries in concrete criminal proceedings in the matters of extradition and execution of requests for legal assistance.

"Apparently, we are talking about the Foggy Albion?

- Yes, for a long time many Russian investigatory commissions are not fulfilled by the very same Great Britain, the Netherlands and some other countries. The British Isles remain a refuge for a large number of persons who have committed serious crimes which are frequently associated with legalization of stolen capitals. But there are other examples as well. So, in some cases, unjustified in our opinion decisions on refusal of extradition were accepted by the judicial authorities of Cyprus and France. Though at present our relations with these countries regarding the issues of extradition and execution of instructions develop very positively.

It is known that hundreds of persons wanted by the Russian justice are hiding abroad, and some of them in spite of blaming in commitment of serious crimes, including those of economic nature got political asylum in a number of countries. The names of numerous of such persons, as the saying goes, are heard by not only Russian but also by foreign general public. Frankly saying I confess that in the Russian criminal circles some countries of the European Union are considered as the possible places of hiding from justice in the view of the very liberal practice of extradition and granting of asylum in these countries. We have repeatedly attracted the attention of our foreign colleagues to the fact that together with the "dirty" money "illegal" immigrants bring to the countries of their new residence their criminal experiences and methods of conducting of businesses as well, including corruption and violent crimes. The experience of some European countries proves it.

"And what, is the situation irredeemable?

"How come, emerging problematic issues become the subject of discussions in the course of regular meetings and negotiations conducted by the officers of the General Prosecutor's office with the foreign partners including the meetings at the level of the top management of relevant structures. We conclude interdepartmental agreements on cooperation, conduct consultations not only in the process of fulfillment of mutual requests but also at the stage of their training. For increasing of the efficiency of interaction, joint working group are created as for example with the United States, Switzerland, France and Eurojust - a specialized authority of the European Union in the sphere of extradition and legal assistance in criminal matters. And this activity brings definite positive results. So, the dynamics of extradition for the last five years show a constant increase of the number of extradited persons from countries of the so-called "far abroad". Their number for this period has increased by more than two times.

"In that case, can you tell us with which countries the relations in the sphere of cooperation in criminal matters are the most successful?

- In the whole, we have equal professional interrelations with the majority of our foreign partners. Besides the cooperation with our colleagues from the CIS, it could be noted the fruitful cooperation with Switzerland, Spain, France, Italy, the Czech Republic, Hungary, Greece, Cyprus, Slovakia and with many other countries. Though difficulties are not excluded in relations with any foreign country. This is how the life goes on. Interstate cooperation in the sphere of criminal proceedings is connected with the necessity of observance of human rights and is carried out in the framework established by international treaties and national legislation. When we get a refusal in the performance of applications which is based on the determined facts and contractual standards, this is not a problem but a legal reality. By the way, we refuse extradition requests several times more than we are refused. However, there are situations when the refusal is not justified, that is refusal which is put forward in violation of the contract, on the basis of doubtful reasoning or on obviously far-fetched grounds. And if in the interrelations with a specific country such facts are repeated many times then such a country becomes for us the "problematic" one.

At the same time, at occurrence of certain complications evil intent should not be presumed. In the interpretation of legal norms and in the evaluation of circumstances of a case there is a large share of subjective discretion. People can be mistaken. In such cases we submit additional materials and explanations of Russian legislation and practice, carry out consultations with foreign partners. But, of course we often encounter with anti-Russian stereotypes of thinking which sometimes leavened on backward anti-communism as well.

"And on the whole, are the things going well?

- Twice as long and better. What relates to legal assistance, then I can remind of quite an "alive" example of the interaction with the Polish law enforcement authorities in criminal proceedings initiated both in Russia and in Poland as well due to the crash of the aircraft with Polish President Lech Kaczynski in April 2010 near Smolensk.

In respect of the complexity and scopes of cooperation, I would like to give an example about the investigation in Russia of 90 criminal cases initiated on the facts of embezzlement of budgetary funds for purchasing of computer tomography units and other medical equipment for state and municipal needs. As in many similar cases in order to hide traces of crimes, in the embezzlement there were used numerous financial transactions which were carried out particularly through off-shores. There were detected the cases of withdrawal abroad of properties in the amount of more than 300 million roubles obtained by criminal methods.

- Is the cooperation with the General Prosecutor's offices of the countries of the post-Soviet space still in priority?

- Undoubtedly, close cooperation with our colleagues from the States - members of the CIS stipulated with developed ties in the economic, humanitarian and cultural spheres by the common historical heritage. The CIS countries account for about 80 per cent of all sent and received by us requests for extradition and legal assistance in criminal matters. Moreover, as a rule these requests are resolved more quickly than in the relations with the majority of the countries of the so-called "far-abroad". For example, last year by the General Prosecutor's office of Kazakhstan, namely within a month, a Russian request for extradition of a person accused of committing crimes of a terrorist nature was satisfied. Besides, after extradition we were given a consent for putting forward of additional accusations.

Concerning the multilateral format, then in long-ago past 1995 there was established a special body of the public prosecutor's cooperation - the Coordinating Council of General Prosecutors of the CIS member-countries (CCGP). At the meetings they discuss the most topical issues of the work of prosecutor's offices, determine the measures on increasing the effectiveness of efforts on countering various threats and challenges . In the month of May of this year it was held a meeting of CCGP in Saint Petersburg. As a Chairman of the Coordination Council the Prosecutor General of Russia has been invariably elected.

Together with colleagues from the CIS, we participate in the implementation of intergovernmental programs of cooperation in the struggle against various kinds of crimes, for example, with the international terrorism and other manifestations of extremism, corruption, transnational organized criminality, including illegal trafficking of weapons and drugs, the legalization (laundering) of incomes obtained in the result of crimes, human trafficking, crimes in the sphere of information technologies.

The intercommunication is developed at the bilateral level as well. For example, the effective today’s mechanism is an established in 2008 Joint College of the General Prosecutor's office of the Russian Federation and the General Prosecutor's office of the Republic of Belarus and its adopted plans of joint activities.

I emphasize that we have practically signed multilateral and bilateral agreements on cooperation with almost all General Prosecutor’s offices of the CIS countries .

- Returning to the cooperation with the countries of the "near abroad". On the territory of the Ukraine, previously it was detained a resident of Chechnya Adam Osmaev which is suspected of the assassination attempt upon Vladimir Putin and Ramzan Kadyrov. How is the situation with his extradition?

- Indeed, in February 2012 Osmaev was detained in the Ukraine on suspicion of illegal possession of weapons, ammunition and explosives. The Russian Prosecutor's office immediately sent to the Ukraine a request for extradition of Osmaev for his involvement in Russia to criminal accountability for earlier committed crimes, including the preparation to the encroachment upon the life of the Chairman of the government of Chechnya, Ramzan Kadyrov.

By the Investigatory authorities of the Ukraine it was established that Osmaev and his accomplice Pyanzin under the leadership of Doku Umarov were preparing an assassination attempt upon the President Vladimir Putin. Taking this into consideration in March to the General Prosecutor's office of the Ukraine it was sent an additional request for extradition of Osmaev (for new crimes).

Thus, both Russian and the Ukrainian law enforcement authorities have questions to him. Till now we have not received any response to our request for extradition of Osmaev. And this should not make anybody surprised since the Ukrainian law enforcement authorities have the "territorial" advantage as Osmaev is under arrest in the Ukraine.

We closely cooperate with the Ukrainian colleagues with the purpose of effective investigations of both Russian and the Ukrainian criminal cases as well, and in order to satisfy the interests of justice of the two countries.

"Let's move from the "near" abroad into the "far" one. Recently, the General Prosecutor and the Minister of justice of the USA Eric Holder has visited Moscow. And as far as it is known you have participated in the negotiations with them as well, and during the meeting it was found out that you have been dealing with American prosecutors since the eighties of the last century.

"Yes, for the last 25 years I have had chances to meet with almost all Attorney Generals - the Ministers of justice of the USA, and I was the participant of the negotiations in the Central office of the Ministry of justice of the USA with John Ashcroft, as well as in the Soviet Union with Richard Thornberg, and this was in October 1989. At that time as far as I remember, we had signed a Memorandum of cooperation in bringing to justice of Nazi war criminals. And by the way, he recruited the acting Attorney General of the USA Eric Holder, he himself told us about this in the course of negotiations in the General Prosecutor's office of Russia.

Meeting of Yury Chayka with an American colleague in May of this year in Moscow was of a very positive nature. I would like to note that as an initiator of the meeting was the American side. We as well as our partners understand that between Russia and the USA there are many points of contact in the sphere of struggling against criminality, in the activities on protection of human rights which should be carried out on the basis of applicable international treaties and legislation of the two countries.

In the course of the meeting, we offered our American colleagues to return to the Agreement on cooperation between the General Prosecutor's office of Russia and the Ministry of justice of the USA. Signing of such an important document would give broader opportunities of interaction between the countries, including in the matters of extradition of criminals. In fact we have called on the American colleagues to carry out the "rebooting" of Russian-American relations in the sphere of legal cooperation.

It seemed to me that Eric Holder sincerely wishes to establish partnership relations which would serve to the benefit of our countries. But unfortunately, imperial position of the anti-Russian lobby is strong in the United States, and that is confirmed by the legislative fuss around the so-called "project of the law of Magnitsky" as well.

In the development of the agreements, just last week in the Prosecutor's office of Russia there were held two meetings with representatives of the Ministry of justice and the FBI of the USA on the issues of cooperation, usage of modern means of communication including video-conference communication.

"Should we understand that the international direction of activities of the Russian Prosecutor's office will be further strengthened as well?

The Attorney General, as a scope of challenges for the next few years, highlighted the further expansion of geography of international cooperation and increase of efficiency of investigation and extradition to Russia of persons who are hiding from justice abroad, legal assistance and the return from abroad of properties received in a criminal way, including from corruption activities. To the maximum possible degree the operative and high-quality execution of both Russian and foreign requests for extradition and legal assistance should be provided.

We need, by joint efforts with the Ministry of Foreign Affairs of Russia and with the Federal law enforcement authorities, to literally put the "red flags" on persons who are hiding abroad from criminal responsibility, to carry out active legal pressure against such persons, not giving them the opportunity of using the stolen properties. We also intend to widely introduce into the practice new forms and modern technologies of international cooperation, including the active follow-up of execution of Russian requests abroad, carrying out of interrogations of witnesses located abroad by means of videoconferencing-communication.

The effectiveness of the forthcoming work will largely depend on the progress of efforts on the major expansion of the circle of the countries with which Russia has contractual relationships in the issues of extradition and legal assistance in criminal matters, and on the modernization of both national as well as interstate legal base of participation of the Russian law enforcement authorities in the international anti-criminal cooperation.

I want to emphasize that we are also working on the growth of international prestige of our country. The representatives of the prosecutor's office of Russia are included in the membership of governing bodies of the leading organizations of the international law enforcement community, including the International Association of Зrosecutors, the Consultative Council of European Prosecutors and the Group of States against Corruption (GRECO).

In May of this year an employee of the General Prosecutor's office of Russia for the first time was elected as the Chairman of the jury of the European competition "the Crystal scales of justice - 2012". This is the prize of the Council of Europe and the European Union which has been annually awarded since 2005 "for the development of innovative methods of organization or implementation of legal proceedings in order to improve the functioning of the justice systems in European countries". The competition is open to the courts, associations and specialists in the field of law, prosecutor's offices, non-governmental organizations and any establishments responsible for questions of justice in 47 countries of Europe.

Note, that earlier the Russian representatives were not at all included even in the membership of the jury of the award. It will be awarded in the framework of the celebration of the European day of civil justice which is celebrated annually on October 25th. By the way, this year for the first time Russia have sent an application form for participation in the contest. Our state will be represented by the Volzhskaya (the Volga) inter-regional environmental prosecutor's office.

- Is the struggle against withdrawal of Russian assets into the offshore zones included in the list of priority works of the prosecutors?

- Essentially, let me remind you that not so long ago we signed a cooperation agreement with the General Prosecutor's office of the Dominican Republic - the first agreement of Russia with the law enforcement authorities of that far away country and between prosecutors' offices in particular. Its implementation should improve the efficiency of the activities of the prosecutor's offices of the two countries, including in the issues of consideration of requests for extradition and legal assistance in criminal matters. In General, all of this is designated to protect the interests of Russian citizens and businesses, to help more actively in the fight against laundering of criminal incomes.

I want to remind you that recently despite the predictions of some pessimists, by the General Prosecutor's office of Russia there were signed interdepartmental agreements with Cyprus, Sri Lanka and Luxembourg which will allow combating transnational organized criminality more efficiently. Under this, of course, it is meant as well the cooperation in the investigation of criminal cases connected with illegal withdrawal from Russia of hundreds of billions of dollars starting from the 90-ies.

As regarding to off-shores, then according to our data they are still places for settling of billions of dollars withdrawn from our country as a result of illegal financial operations. Therefore, we now approach similar interdepartmental agreements with the Maldives, Panama, New Zealand. This work will be continued.

Prepared By Boris Gevorkyan

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