The Ministry of justice have not yet seen the decision of the German court’s refusal to extradite Onishchenko

В Минюсте пока не видели решения немецкого суда об отказе в экстрадиции Онищенко

The Ministry of justice claim that has not yet seen the decision of the German court to refuse the extradition of the former people’s Deputy Oleksandr Onishchenko, and noted that the Ukrainian legislation regarding the conditions of detention is not contrary to international recommendations.

About this in comments to UKRINFORM reported, Deputy Minister of justice Elena Vysotskaya.

“My responsibilities – the prison system of Ukraine. It was a hint in the court’s decision. But we haven’t seen a solution – is this legal grounds for the refusal, than they argued the state is a very subjective evaluation can be. So I, as a lawyer, there are many questions to be able to say what our legal position on this issue. Perhaps it was one of the grounds for rejection and not the main? So emphasizing that this is the main problem, and that we, as Ukraine, cannot be extradited and normal to assess the actions of a citizen, you have to be careful. Because we actually only from the media understand that this is one reason that this is stated in the decision, but a decision we have not seen…” – said Vysotsky, commenting on the refusal of the German court extradition Onishchenko Ukraine.

She noted that the anti-corruption Supreme court of Ukraine and the Office of the attorney General lead the communication with the German side extradition Onishchenko, not the Ministry of justice.

“We were involved, we were asked the Highest anti-corruption court with two questions: can we provide in case of extradition of a visit by representatives of the German Embassy Onishchenko, if he will be in our institutions, and second – as is happening in medical care for prisoners… We were told that they do provide, it’s no problem, and the number of such contacts our law is not limited. And regarding the question about medical care – this can be achieved,” – said the Deputy Minister.

As she noted, “there are no obstacles to extradite (Onishchenko ed.), we do not see”.

“We have not received a waiver. Received the refusal, I understand, in the Higher anti-corruption court, because our Department of international law, addressed a petition to the German side, to present the agenda in Germany. We seek to ensure that he saw the agenda. After seeing the agenda, it will be understood that in Ukraine there is a court… But we are not talking about extradition, but the process in Ukraine and familiarize the parties of this process, information about when will the hearing… So to say that we participants can do their position to Express, or communicate, is incorrect,” – said Vysotsky.

At the same time, she responded to media reports about allegedly inadequate conditions of detention, which allegedly Ukraine refused to extradite Onishchenko.

“Here, how many Legal questions… I told you: if there really is such a decision if there are grounds under the laws of Germany, what document is confirmed by “appropriate” or “inappropriate” in our country conditions. Our position is that all international and European standards, which are in relation to the prison system, they are Advisory in nature and are very common. They are in the plane of our legal field, we also use them as recommendations, as what you need to focus. Our legislation of Ukraine does not contradict these recommendations,” – said Vysotsky.

According to her, Ukraine has complied with the conditions of detention, in accordance with the Ukrainian legislation.

“What is normal conditions? Legislative definition of the conditions that must be met. And they are very minimal area, lighting, the presence of Windows and so on. They’re not so specific, no one is saying that the walls should be clean, white and just so” – said the Deputy Minister.

At the same time, she noted the terrible state of the prison system and the need to implement changes.

“We have to do something with the system, we are responsible for it, it’s terrible, we understand the consequences. Here, as an example, this, the ECHR’s decision on recovery of Ukraine million. And secondly – we are in the country needs to restore order… – said the Deputy Minister of justice.

As reported, on the eve of a Specialized anti-corruption Prosecutor’s office informed that according to the decision of the Higher regional court of Oldenburg (Germany) from 27 may 2020, Ukraine refused to extradite former MP Onishchenko. As noted, the reason for the denial was doubt about the judiciary of Germany in compliance with minimum international standards of detention conditions in Ukraine.

It was also reported that the Federal office for migration and refugees of Germany refused Onishchenko political asylum in Germany and urged him to immediately leave the country.

May 13, the Highest anti-corruption court has started consideration on the merits of the “gas case”, which appears Onishchenko. In Ukraine, ex-Deputy suspected of organizing schemes to the embezzlement of funds in the extraction and sale of natural gas in the framework of joint operation agreements with PJSC “Ukrgazvydobuvannia”.

Onishchenko fled from Ukraine in the summer of 2016. He is accused that he created a criminal organization, whose members, in the period from January 2013 to June 2016 illegally earned more than UAH 1.6 billion on natural gas sales.

As a result of such action, PJSC “Ukrgazvydobuvannya” (100% of shares belong to state NAK “Naftogaz Ukraine”) was damaged in the amount of over 740 million UAH.

In General, the investigation established the involvement in the participation in the “gas scheme” 29. Among them – two people who acted as organizers, and the rest of the employees of JSC “Ukrgazvydobuvannia”, the lawyer, financiers, CEOs, etc.

In the pre-trial investigation, eight suspects have pleaded guilty and signed the agreement on recognition of guilt. Investigation into the role of another 12 people also completed indictments against them are directed to court. Seven suspects, including Onishchenko, are wanted.

At the same time, 3 Dec 2019, it became known that Onishchenko November 29, was detained in Germany at the request of Ukrainian law enforcement officers.

11 Feb 2020 lawyer Onishchenko announced that the former Deputy has asked Germany for political asylum.