ODIHR Director expresses concern about continued detention and sentencing of foreign nationals in the Russian Federation

WARSAW, 27 August 2015 – Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Michael Georg Link today expressed his concern about the conviction and sentencing of three foreign nationals and continued detention of a number of Ukrainian nationals in the Russian Federation.

On 25 August 2015, Ukrainian film director Oleg Sentsov and civil society activist Alexander Kolchenko were sentenced to 20 years and 10 years in prison respectively on terrorism-related charges, and on  19 August, Estonian security policeman Eston Kohver was sentenced to 15 years in prison for espionage. Nadiya Savchenko, an air-force pilot of the Ukrainian military forces and member of the Ukrainian Parliament and Parliamentary Assembly of the Council of Europe, has been detained by the Russian authorities since July 2014 and charged with complicity in the killing of two Russian journalists. A number of other Ukrainian nationals are currently being held in detention in the Russian Federation.

“A great deal of concern has been expressed, both at the national and international level, about alleged torture and other ill-treatment and violations of the right to a fair trial in certain recent criminal cases involving foreign national defendants,” Director Link said. “I reiterate my call on the authorities of the Russian Federation to observe their obligations regarding the treatment of all detainees and the right to a fair trial.”

Participating States have agreed to promptly deal with allegations of torture or other ill-treatment, with a view to bringing any individuals responsible to justice and that evidence extracted under torture or other ill-treatment should be considered inadmissible in court. They have also reaffirmed their commitment to international humanitarian law guaranteeing fair-trial rights in occupation situations.

Both Sentsov and Kolchenko were tried as Russian citizens, which was automatically imposed upon them in 2014 as Ukrainians residing in Crimea. Their appeals to be recognized as Ukrainian citizens were rejected by the Russian authorities in contravention of international humanitarian law.

“ODIHR has expressed its willingness, in line with its mandate, to conduct an assessment of compliance with human rights standards, including the right to a fair trial, in cases of particular concern,” said Director Link. “We will continue to follow these cases very closely, standing ready to assist the Russian Federation in the implementation of OSCE human rights and rule of law commitments.”