h1

Kremlin tries to place Kolomoisky and Avakov upon Interpol wanted list?

June 23, 2014

Yesterday, The Kremlin claims to have put oligarch and current (but not for much longer) Dnepropetrovsk Governor Ihor Kolomoisky and Acting Defence Minister Arsen Avakov on the Interpol wanted list – being accused of organised crime, murder, the use of prohibited means and methods of warfare, the obstruction of professional activities of journalists, and abduction – contrary to Russian Criminal Code Articles 33, 126, 144, 205 and 356.

Article 33. Types of Accomplices of a Crime
1.  In addition to the perpetrator, organisers, instigators, and accessories shall be deemed accomplices.
2.  A person who has actually committed a crime or who directly participated in its commission together with other persons (co-perpetrators), and also a person who has committed a crime by using other persons who are not subject to criminal liability by reason of age, insanity, or other circumstances provided for by this Code, shall be deemed to be a perpetrator.
3.   A person who has organised the commission of a crime or has directed its
commission, and also a person who has created an organised group or a criminal community (criminal organisation) or has guided them, shall be deemed an organiser.
4.  A person who has abetted another person in committing a crime by persuasion, bribery, threat, or by any other method shall be deemed an instigator.
 5.  A person who has assisted in the commission of a crime by advice, instructions on committing the crime, or removal of obstacles to it, and also a person who has promised beforehand to conceal the criminal, means and instruments of commission of the crime, traces of the crime, or objects obtained criminally, and equally a person who has promised beforehand to acquire such objects, shall be deemed to be an accessory.

Article 126. Abduction
1. Abduction – shall be punishable by compulsory labour for a term of up to five years or by deprivation of liberty for the same term.
2. The same act committed:
a) by a group of persons by previous concert;
b) abolished
c) with the use of violence with danger to human life and health, or a threat to apply such
violence;
d) with the use of weapons or objects used as weapons;
e) against an obvious juvenile;
f) against a woman who is in a state of pregnancy, which is evident to the culprit;
g) against two or more persons;
h) out of mercenary motives, shall be punishable by deprivation of liberty for a term of five to twelve years with
restriction of liberty for a term up to two years or without such.
3.   Deeds stipulated by the first and second parts of this Article, if they:
a) have been committed by an organised group;
b) abolished
c) have entailed by negligence the death of the victim or any other grave consequences,
-Shall be punishable by deprivation of liberty for a term of six to fifteen years with restriction of liberty for a term up to two years or without such. Note: A person who has set an abducted person free voluntarily shall be released from criminal liability, unless his actions contain a different corpus delicti.

Article 144. Obstruction of the Lawful Professional Activity of Journalists
1.  Obstruction of the lawful professional activity of journalists by compelling them to give out information or to refuse to give out it – shall be punishable with a fine in the amount of up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by compulsory works for a term of up to 360 hours, or by corrective labour for a term of up to one year.
2.   The same act committed by a person through his official position,
shall be punishable with a fine in an amount of 100 thousand to 300 thousand roubles or in the amount of a wage/salary or any other income of the convicted person for a period of one year to two years, or by obligatory labour for a term of up to four hundred and eighty hours, or by corrective labour for a term of up to two years, or by compulsory labour for a term of up to two years, or by deprivation of liberty for a term of up to two years with deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years or without such.
3.   The deeds provided for by Parts One or Two of this article accompanied by violence with respect to a journalist, or close relatives thereof, or by damage or destruction of their property, as well as by a threat of using such violence, – shall be punishable by compulsory labour for a term up to five years or by deprivation of liberty for a term of up to six years with deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years or without such.

Article 205. Act of Terrorism
1.   The carrying out of an explosion, arson or other actions intimidating the population, and creating the threat of human death, of infliction of significant property damage or the onset of other grave consequences, for the purpose of influencing the taking of a decision by authorities or international organisations, and also the threat of commission of the said actions for the same purposes –
shall be punishable by a term of imprisonment of eight to fifteen years.
2.   The same actions:
a) committed by a group of persons in preliminary conclusion or by an organised group;
b) which have, by negligence, entailed the death of a person;
c) which have entailed the causing of considerable property damage or the ensuing of other grave consequences –
shall be punishable with deprivation of freedom for a term of ten to twenty years and with restriction of liberty for a term of from one year to two years.
3.   Acts stipulated by Parts one or two of this Article if they:
a) entail encroachment on installations of the use of atomic energy or with the use of nuclear materials or of sources of radioactive radiation or venomous, poisonous, toxic or hazardous chemical or biological substances;
b) have entailed intentional causing of death to a person – shall be punishable with deprivation of freedom for a term of fifteen to twenty years with restriction of liberty for a term of from one year to two years or with deprivation of freedom for life.
Note: A person who has taken part in the preparation of a terrorist act shall be released from criminal liability if he facilitated the prevention of the terrorist act by timely warning governmental bodies, or by any other method, unless the actions of this person contain a different corpus delicti.
See Federal Law No. 35-FZ of March 6, 2006 on Counteraction against Terrorism
Article 205.1. Contributing to Terrorist Activity
1.   The soliciting, recruiting or other involvement of a person for committing any of the crimes envisaged by Articles 205, 206, 208, 211, 277, 278, 279 and 360 of the present Code, the arming or training of a person for the purpose of committing any of the said crimes, and equally the financing of terrorism –
shall be punishable by a term of imprisonment of five to ten years with a fine in the amount up to five hundred thousand roubles or in an amount of a wage or other income of the convicted person for a period up to three years or without such.
2.   The same acts committed by a person through the abuse of his/her office –
shall be punishable by a term of imprisonment from eight to fifteen years with a fine in the amount of five hundred thousand to one million roubles or in the amount of a wage or other income of the convicted person for a period of three to five years or without such.
3.   Accessory in making the crime provided for by Article 205 of this Code -shall be punishable by deprivation of liberty for a term of eight to twenty years.
 Notes 1. In the present Code “the financing of terrorism” means the provision or raising of funds or the provision of financial services in the knowledge of their being intended for financing an organisation, for preparing or committing at least one of the crimes envisaged by Articles 205, 205.1, 205.2, 206, 208, 211, 220, 221, 277, 278, 279 and 360 of the present Code or for supporting an organised group, illegal armed formation, criminal community (criminal organisation) formed or being formed to commit any of the said crimes.

1.1.  – Accessory in this article means willful assistance to making a crime by way of advising, giving instructions, providing information, means or tools for making the crime or removal of obstacles for making it, as well as a promise to hide a criminal, means or tools for making the crime, traces of the crime or articles obtained in a criminal way, as well as a promise to acquire or sell such articles.
2.  A person that has committed a crime set out in the present article shall be relieved from criminal liability if by a timely notice to authorities or otherwise the person assisted in the prevention or stopping the crime financed and/or contributed to by the person, unless the
person’s actions contain another corpus delicti.
Article 205.2. Public Calls for Committing of Terrorist Activity or Public Justification of Terrorism
1.   Public calls for the commission of terrorist activity or public justification of terrorism –
Shall be punishable with a fine of up to five hundred thousand roubles or in the amount of a wage or other income of the convicted person for the period up to three years, or with compulsory labour for a term of up to four years, or deprivation of liberty for a term of two to five years.
2.   The same acts committed through the use of the mass media – shall be punishable with a fine of three hundred thousand roubles to one million roubles or in the amount of the convict’s wage or other income thereof for the period of three to five years, or with compulsory labour for a term of up to five years with deprivation of the right to hold specific offices or engage in specified activities for a term of up to five years or without such, or deprivation of liberty for a term up to seven years with prohibition from certain offices/positions or from pursuance of a certain activity for a term up to five years.
Note. In the present article “the public justification of terrorism” means a public statement on the recognition of the ideology or practices of terrorism as correct, and in need of support and a following.

Article 356. Use of Banned Means and Methods of Warfare
1.   Cruel treatment of prisoners of war or civilians, deportation of civilian populations, plunder of national property in occupied territories, and use in a military conflict of means and methods of warfare, banned by an international treaty of the Russian Federation, Shall be punishable by deprivation of liberty for a term of up to 20 years.
2.   Use of weapons of mass destruction, banned by an international treaty of the Russian
Federation, Shall be punishable by deprivation of liberty for a term of 10 to 20 years.

 

Putting “Russia” in the “Wanted by” search facility on the Interpol website, thus far does not show the pair as wanted – at least on the “public search” – whether they appear on the listings not available to the public is a different matter.

If readers are wondering about jurisdiction – Article 12.3 of the Russian Criminal Code would seem to try to cover it – depending upon how you would define “the interests of the Russian Federation”:

Foreign nationals and stateless persons who do not reside permanently in the Russian Federation and who have committed crimes outside the boundaries of the Russian Federation shall be brought to criminal liability under this Code in cases where the crimes run against the interests of the Russian Federation or a citizen of the Russian Federation or a stateless person permanently residing in the Russian Federation, and also in the cases provided for by international agreements of the Russian Federation, and unless the foreign citizens and stateless persons not residing permanently in the Russian Federation have been convicted in a foreign state and are brought to criminal liability on the territory of the Russian Federation.

Nevertheless, if the Interpol red notices are ever actually placed on Messrs Kolomoisky and Avakov – which seems doubtful – there is next to zero chance of any extradition to the Russian Federation considering the weaknesses of the jurisdictional argument.  (Notwithstanding the Kremlin’s inability to action Interpol red notices for those wanted and taking refuge in the Russian Federation.)

This entire action being simply another shrill note in the cacophony of Kremlin noise that like so much of this chorus, is ultimately meaningless.

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: