Ministry of Justice asks Russia for written guarantees for Ignatenko

The primary effect of the guarantees is to warrant Mr Ignatenko’s right to fully defend in the criminal proceedings pending against him, including the right to be assisted by a criminal defence lawyer of his choice.

The Minister also seeks the assertion that no torture or other forms of inhuman or degrading treatment will be used against Mr. Ignatenko and that he won’t be sentenced to death.

The Circuit Court in Nowy Sącz ruled in February 2012 that former Moscow prosecutor may be extradited to Russia. A month later, the Appellate Court in Cracow upheld the first-instance court decision. The case files were sent to the Minister of Justice who is to finally decide on Mr Ignatenko’s extradition. The HFHR issued an opinion in this case.

“Similar guarantees were already presented by Russian authorities when they made a motion for extradition. Certainly, we will continue to observe this case”, says Dr. Adam Bodnar. “In our opinion, at the current stage of the proceedings the Ministry of Justice should request additional guarantees. For instance, Polish diplomats should be given access to Mr Ignatenko, if he is extradited to Russia, and should be able to monitor his trial”, adds Dr. Bodnar.

In the opinion submitted by the Foundation in May, we reminded that if Mr Ignatenko is not extradited to Russia he can be indicted for his alleged offences in Poland and stand trial also before Polish courts.