Russia Refuses Cooperation in Smolensk Investigation
SCND: February 4, 2016
Chief Military Prosecutor Office reports that the Russian side has refused to provide legal assistance, to serve a complaint on the flight controllers from Smolensk, and to deliver summons for their interrogation.
According to Maj. Martin Maksjana, spokesman of the Polish Military Prosecutor’s Office (NPW), in a letter dated December 30, 2015, the Prosecutor General of the Russian Federation refused to provide legal assistance to Poland, and returned as "unenforceable" the motions of NPW filed with its Russian counterpart in accordance with the international treaty on legal assistance.
In its response, the Russian side relied on Article. 2 of the European Convention on Legal Assistance in Criminal Matters of 20 April 1959, which provides:
A request for legal assistance can be denied: If the requested Party considers that the execution of the request would prejudice the sovereignty, security, public order, or other essential interests of the state.
This decision means that the Russian side has prevented the Polish investigators from prosecuting controllers from Smolensk.
“Another deadline for the suspects to appear before the NPW has passed. However, they still failed to appear for their interviews. On January 29 the Military Prosecutor's Office in Warsaw received a letter from the General Prosecutor's Office of the Russian Federation dated 30 December 2015. The letter stated that the NPW applications for legal assistance for delivery to both controllers the summons to appear on a specified date at the headquarters of PSF in Warsaw, in order to present them with the charges and interrogate them as suspects, “has been processed and was returned as unenforceable,” explained Maj Maksjan of the Chief Military Prosecutor's Office.
"The Polish NPW is prepared to handle any circumstances, including such that the suspects fail to appear voluntarily at the offices of the prosecutor" - said Maj Maksjan, referring to the Russian response. He added that due to the "[Russia's] clear position", the prosecutor leading the investigation into the crash will not be able to provide further information at this time.
Former Minister of Justice, and criminal law expert, prof. Zbigniew Cwiakalski, pointed out that in such a situation the prosecutor responsible for this part of the investigation, may seek issuance of an arrest warrant for the suspects through the Interpol.
Source: onet.pl (Jb), niezalezna.pl, TVP.info.pl
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