In Germany the Higher regional court of Oldenburg on Wednesday, may 27, refused an extradition to Ukraine the former people’s Deputy Oleksandr Onishchenko, reports the edition “Deutsche Welle”.
So, according to the court, it is currently not possible to establish that the prosecution Onishchenko Ukraine is politically motivated. However, as noted in the explanation to the decision of the judicial authority, “it is probable” that in case of extradition Onishchenko” fail to comply with minimum standards of international law regarding the conditions of detention in prisons”, including the European Convention on human rights.
It is noted that therefore, the extradition of the former people’s Deputy of Ukraine is unacceptable.
Also earlier, the court asked the Ukrainian authorities to provide “a detailed description” of the conditions of detention, which could count Onishchenko in the remand prison in Kiev. However, if the Ukrainian side informed the German court “in General terms” that the international standards will be met. However, such assurances, the court was not enough.
“Arguing its decision, the judges referred to the report of the European Committee for the prevention of torture of the Council of Europe (COE). Committee experts visited in 2017 prison in Ukraine. In the following year the report of the Committee’s experts pointed to the “inhuman conditions of detention, degrading” – the newspaper writes, citing a statement on the website of the court.
In addition, judges of the Higher regional court of Edinburgh canceled a warrant for extradition to arrest Onishchenko.
According to “DW”, Onishchenko since his arrest in November of 2019 spent several months in prison Oldenburg. During this time he did heart surgery in a nearby hospital. After the decision of the court of ex-MP may leave the prison.
As reported, the pre-trial investigation into misappropriation of funds during the extraction and sale of natural gas under contracts of joint activity “ukrgazvidobuvannya” in which the state incurred losses amounting to about UAH 3 billion, was launched to NAB in December 2015.
In February 2019 prosecutors SAP approved and sent to court the indictment in the “gas case” against Onishchenko and his financial Director.
The Verkhovna Rada gave consent to involvement Onishchenko to justice, detention and arrest of July 5, 2016. However, on the eve of the vote, taking advantage of the status of MP, Onishchenko left the territory of the state. He announced a national search on 8 August 2016. According to investigators, the mother Onishchenko is a co-organizer of the “gas scheme”.
In General, the investigation established the involvement in the “gas scheme” 29. Currently, the three are wanted. 15 indictments against 25 persons are sent to court, including in relation to 11 people entered into legal force of a guilty verdict.
3 December, the German police detained former people’s Deputy of Ukraine Aleksandr Onishchenko, has informed Agency “Interfax-Ukraine” the press service of the anticorruption Prosecutor’s office (SAP).
Previously, the project edition of “Radio Liberty” “Schemas” with reference to sources in law enforcement bodies has informed that on 29 November Onishchenko was arrested in Aachen (Germany) at the request of the National anticorruption Bureau of Ukraine (NABU) and the Specialized anticorruption Prosecutor’s office (SAP).
30 January 2020, the Highest anti-corruption court of Ukraine (WACHS) has sent a request for international legal assistance in Germany – delivery of summons to the accused in the “gas diagrams”, detained earlier in Germany.
In February of this year, ex-MP Onishchenko has applied for asylum to Germany. If you do not “burn out”, ready to flee to Russia