Nadiya Savchenko’s Case

Ukrainian citizen Nadiya Savchenko on the night of 23rd to 24th June 2014 as a consequence of joint illegal actions by terrorists of the so-called “Lugansk People’s Republic” and special services of the Russian Federation, with force and out of her will with flagrant disregard of international law and Ukrainian legislation was abducted from the territory of Ukraine with a bag over her head and delivered to the Voronezh region of the Russian Federation.

Later on June 30th 2014 Savchenko was unlawfully arrested on the territory of the Russian Federation under a charge of committing a “crime”. Her imprisonment wasn’t reported to her family members or the Consular Division of the Ukrainian Embassy in the Russian Federation.

By July 16th 2014 Savchenko was left without any communication with the outside world, including the possibility to inform relatives of her whereabouts as well as the Ukrainian consular officer in Moscow and to contact a lawyer or file a complaint. The Ukrainian consul, who was in the city Voronizh from July 9th 2014, only after numerous failed attempts on July 16 was admitted to see Savchenko.

On October 26th 2014 during elections to the Parliament of Ukraine, Savchenko was elected a deputy of the Political Party “Batkivshchyna”. On November 27th Nadiya gained authority of the deputy of Ukraine of the VIII convocation, in December 2014 she was elected as a member of Ukrainian delegation to PACE.

On January 26th 2015 PACE affirmed her mandate as a member of the organization, on January 28th 2015 PACE adopted a resolution which calls on Russian officials to release Savchenko during 24 hour period and provide her with safe return or transfer to another state.

Savchenko’s parliamentary immunity and privileges granted to her according to the Opinion of the Committee on Rules of Procedure, Immunities and Institutional Affairs (Committee) of the Council of Europe were repeatedly brought to the Russian Federation via official diplomatic channels. The committee’s conclusion was repeatedly presented by Savchenko’s attorneys during her case court sessions, however the Russian court completely ignored it.

From December 13th until the end of February 2015, due to the rough, illegal actions and restriction measures of her freedom based on trumped up accusations which she did not commit, Savchenko held a hunger strike as the only method to struggle for her rights.

 The Russian Federation in breach of international law, its own and the Ukrainian legislation, despite the absence of any credible evidence of her being guilty of a crime, in view of irrefutable evidence of her innocence presented by her attorneys to the court and prosecution and her ironclad alibi, continues to illegally detain Savchenko in pretrial facilities.

Evidence of her innocence presented by her advocates that prove the falsification of her case are the finding of facts counterfeiting by the Russian side attached to the case papers recordings made in Luhansk suburb and available detailed billing calls and other expert evidence which make it clear that Savchenko was captured before the death of the two Russian journalists. All mentioned above materials will be re-presented by her defense during next court sessions considering her case.

On July 13th 2015 the Prosecutor General’s office of the Russian Federation issued a notice of approval of the indictment in a criminal case against Savchenko according to which she is accused of committing crimes stipulated in Article 105, Clause 2 (murder) and Article 30, Clause 3 (attempt to murder) of the Criminal Code of the Russian Federation and decided to transfer the criminal case against Savchenko to the Donetsk city court of Rostov oblast of Russia for trial on the merits. In such way the Russian Federation is hiding her case away from the public eye and international community.

On July 17th 2015 Savchenko was transferred by the Russian Federal Penitentiary Service (FPS) at the disposal of the Main Department of FPS in the Rostov region and July 25th placed in a pretrial facility No.3 of the Rostov region (Novocherkask). Lawyers have free access to their client and have no restrictions on processing and coordinating with client required procedural documents. As well a while ago her sister Vira Savchenko and Ukrainian consuls visited her in place of her detention and stated that her health is stable and she has no complaints regarding the terms and conditions of her imprisonment.

On July 30th 2015 the Donetsk city court of the Rostov region in a closed court session held a preliminary hearing on case with the parties, during which lawyers made a motion regarding the further consideration of case on the merits in Gagarin district court of Moscow. As a result Donetsk city court of the Rostov region decided to refer N.Savchenko criminal case to Rostov Regional Court in order to lay a venue.

August 21st 2015 the Rostov Regional Court did not satisfy the request of the defense and made a decision to leave her case for further sessions in the Donetsk City Court of Rostov region. August 27th 2015 the Moscow City Court held a hearing regarding the motion of Savchenko defense concerning the cancellation of the decision from June 10th extending the term of detention of N. Savchenko to September 30th 2015. Russian judicial body once again ignored presented arguments and left complaint of the defense without satisfaction. September 16th the Moscow City Court refused to consider the motion of the Savchenko’s defense regarding the non-recognition by Russian Federation the parliamentary immunity of  Savchenko as a member of the Permanent Delegation of Ukraine to the Parliamentary Assembly of the Council of Europe and the refusal to change the precaution in order to ensure her participation in the PACE (decision of Basmanny District Court Moscow from 06.05.2015).

On September 15th 2015 Donetsk city court in the Rostov oblast held a preliminary hearing in her case and extended the detention of Savchenko to January 16th 2016. On September 22th 2015 Donetsk city court started to review the merits of the case. Next hearing on the merits is planned on September 29th 2015.


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