Status: 01.08.2022 19:04
In exchange for two Americans, Russia has brought up the extradition of Vadim Krasikov – a convicted hitman who is being held in Germany. This is rejected and leads to warnings.
Witnesses described the murder in the Kleiner Tiergarten in Berlin on August 23, 2019 as an execution. In cold blood, the perpetrator shot the victim who was already lying on the ground. The presiding judge of the second criminal division of the Berlin Court of Appeal spoke of “state terrorism”: The Russian Vadim Krasikov committed the murder on behalf of the Russian state – with insidiousness and for base motives. The criminal senate sentenced him to life imprisonment and determined the particular gravity of his guilt.
The Russian side wanted to make this convict, who is in custody in Germany, the subject of negotiations for the release of two Americans who are in custody in Russia. This is what CNN reported on Saturday, citing numerous sources. Representatives of the US government confirmed this representation with statements.
“Malicious Attempt”
But even if President Joe Biden is fighting for the release of the compatriots and Foreign Minister Antony Blinken has had a telephone conversation with his Russian counterpart Sergey Lavrov for the first time since the beginning of the war – an exchange that includes Krasikov is obviously out of the question for the US government: “Two to Wrongfully detained Americans as hostages for the release of a Russian killer in the custody of a third country is not a serious counter-offer,” Adrienne Watson, a spokeswoman for the National Security Council, told CNN. It was a “malicious attempt” by Russia to circumvent the US offer.
Russia a “terror state”
Clear rejection comes from Germany. CDU member of the Bundestag Roderich Kiesewetter says about the negotiations: It is very good that the USA supported a prisoner exchange of Brittney Griner and probably also Paul Whelan. “However, the chances of success are limited because negotiations with a terrorist state are fundamentally difficult,” said the foreign policy expert tagesschau.de.
That becomes clear when Russia now involves a third state – in this case Germany – and demands the replacement of the “Tiergarten murderer” convicted in Germany. “This shows that Russia has little interest in serious negotiations and is looking for ways to take advantage of offers,” emphasized Kiesewetter.
The lawyers who represented the victim’s relatives in the trial against Krasikov consider the discussion to be “absurd”. “Krasikov was sentenced to life imprisonment on December 15, 2021 for the murder of Zelimkhan Khangoshvili. Replacing Krasikov would be a signal to all despots to order political murders with impunity and almost no sanctions,” said the co-plaintiffs Inga Schuld and Johanna Künne tagesschau.de With.
Transfer possible in principle
However, if it is in the interest of the federal government to let Krasikov back to Russia as part of diplomatic initiatives, that is basically possible and there have been comparable cases in the past, says ARD-Security expert Holger Schmidt. Even life imprisonment doesn’t necessarily stand in the way: “First of all, the accused would have to be expelled under immigration law. Then the authorities responsible for the enforcement of sentences could refrain from further executions – even without hearing the court.”
The corresponding regulation of § 456a of the Code of Criminal Procedure (StPO) also applies to life imprisonment. The federal prosecutor general is responsible for the execution of sentences, explains Schmidt. As a political official, the Federal Public Prosecutor is also bound by instructions from the federal government. “It’s the same with spies.”
The question of whether the person concerned could defend themselves against their expulsion is more theoretical. Because, for example, he is afraid of the reaction in his home country – which in the case of the Tiergarten murderer is considered rather unlikely. “In terms of the criminal process, he probably wouldn’t have been able to prevent his transfer,” says Schmidt. However, there would still be the possibility of asserting possible persecution via the Aliens Act.
FSB admission
In the Krasikov case, those involved in the process assume that he actually wants to return and does not have to expect a sentence in Russia. During the interrogations, according to police officers, he insisted on his version that he had come to Germany as a tourist by the name of Vadim Sokolov, also until the court sentence was announced, although he did not appeal and the sentence became final.
The fact that he was arrested shortly after the crime, which was obviously planned in detail, and that his identity was clarified is due less to mistakes than to circumstances that he could hardly influence. This became clear during the trial.
“Admission of guilt” for contract killing
The way in which Krasikov’s replacement was apparently brought up by the Russian side seems like an admission that Krasikov could have worked for the Russian secret service FSB and its special unit “Wympel” – that he belongs to them. According to the CNN report, officials from Russia used an informal FSB back channel to request Krasikov’s release.
No evidence was collected during the trial, but numerous indications that the accused had a career in the security structures of Russia and that the crime had been prepared in FSB facilities. Krasikov’s brother-in-law had testified, among other things, that he had been a colonel and had behaved like a secret service agent.
It would be tantamount to a second admission if the name Krasikov had actually been used through the informal channel. Then it would be clear that Vadim Sokolov would only have been a cover name for the mission. In any case, Russian news agencies such as RIA Novosti and the pro-government newspaper “Isvestia” adopted the name Krasikov from the CNN article.
Green member of parliament Robin Wagener interprets this as follows: “An admission of guilt for the Russian state contract killing in the center of Berlin could not be clearer.” Krasikow will serve his rightful sentence in Germany. He is a murderer and not a bargaining chip for Russian secret service agents.
Warning about traveling to Russia
“Germany has a functioning legal system, we wouldn’t get involved in such horse-trading. However, the Kremlin obviously has a special interest in Krasikov and will continue to want to press him free. This increases the risk of German citizens in Russia becoming victims of state tyranny, as it already seems to be the case for the two Americans,” said Wagener tagesschau.de With.
Kiesewetter also warns against traveling to Russia: “There is a risk of being detained here and, as is usual in terrorist states, imprisoned without justification or charged on flimsy grounds and under non-constitutional procedures. For the foreseeable future, Russia will no longer be behaving in accordance with the rule of law expected.” The Federal Foreign Office also advises against traveling to the Russian Federation on its website.