the Rights of Russian Mirzoevoj at an extradition in the USA were broken
Washington, 20 janv - News, Denis Voroshilov. Aziz Mirzoevoj, accused of the USA in abduction of children and infringement of the agreement on guardianship conditions, softer sentence can be pronounced, charge rather than demands. As the basis procedural infringements for this purpose can serve during detention and an extradition of the woman, has told News a source familiar W matelami of business.
Mirzoev - the citizen of Russia and Tajikistan - has been detained on July, 31st, 2010 in Frankfurt am Main and subsequently ekstradirovana in the USA under the warrant of the Interpol which has been given out at the desire of the USA. Under the version of charge, Mirzoev has violated decision conditions ABT guardianship over children, accepted by court at divorce case W the husband. Children are citizens of the USA by the right of a birth owing to what and process ABT divorce passed in the USA. Husband Mirzoevoj worked earlier in a staff - apartment of the International currency fund in Washington, and now is the representative of IMF in Moldova. Mirzoev it is placed in the American prison, its children are under round-the-clock protection W the father in Kishinev.
" Now a critical phase of process. On request of the judge the Office of Public Prosecutor should pass the decision on, a leah is possible dismiss now W Mirzoevoj of charge in abduction of own children and translate business from federal court where it is threatened with criminal prosecution W a 3 years imprisonment, in court of district Ferfaks which was engaged in its divorce case. In that case, if it is made also Office of Public Prosecutor will agree with it, it, maybe, will manage to reduce B4 a minimum abiding in prison, and she will be accused not of a criminal offence, and in an offence, wrongdoing - in infringement of conditions of guardianship over children. There is such chance " - the interlocutor of agency has told.
He has underlined that during detention and imprisonment before trail of the right of the woman were periodically broken. 2 the court should take into consideration that fact that in a family of Mirzoevyh violence flashes have been fixed.
the Interlocutor has explained that after Mirzoev`s divorce has left to Russia, then to Germany where lived about day of detention. In this time it has issued a new judgement in Tajikistan on whom it became the basic trustee over children, and the husband has lost the tutorial rights. The spouse as has decided that it purposely disappears, has put in the statement in the American court which initiated the Interpol warrant on arrest.
" it is important that she has been arrested also children have been passed her husband in infringement of the German legislation W/ O any special judgement. It has taken away them and has transported to Moldova. From the legal POV the problem (4 charge) consists that at warrant realisation on arrest in Germany its many rights have been broken: Mirzoevoj its procedural rights - neither in Germany have never become engrossed in reading at arrest, nor in the USA when it has been passed marshals 4 an extradition to America. Here again, and there at it were and there are big problems W reception of medicines. She told that daily writes requirements ABT granting of medicines, however to it something allocate, when the pack of such requirements collects and there is a danger of prosecution " - the source has told.
the Interlocutor of agency 2 has told that after detention in Germany Mirzoev some time was held in custody W/ O exact an imprisonment before trail target date that contradicts all European and American standards under the reference W prisoners.
the RQ ABT an extradition was made according to the Hague convention directed, including, against abduction by parents of children and the subsequent export abroad. Russia is not the participant of this convention.
" Long time its (convention) " dragged in " both both parties - and American, and German - ignored the decision of the Tadjik court in spite of the fact that it was on hands, and all methods tried to assure, what exactly of Aziz is is unique guilty and has broken the court decision, having taken out children abroad. Business as well that, as well as in a NE family, there there were big problems, and the service on struggle against violence in a family was engaged in Mirzoevymi. There were calls in police, cases of the rough reference, rukoprikladstva were fixed, and this information contains in files of this service " - the source has told.
As he said if the court considers all listed circumstances sufficient 4 removal of criminal charges the chance to be unbound has Mirzoev, but then it will be translated in migratory prison.
" At the moment it does not have documents which to it would resolve residing in territory of the USA. Moreover, it does not have documents on a broader scale - the German police at arrest has withdrawn from it both Russian, and Tadjik passports. We try to return on their diplomatic channels that it had a document on returning. On migratory business it, most likely, will have a long abiding (under guards). Most likely, it will be deported. Where and when - the judge of migratory court will solve. ABT this question while early to SPK " - the interlocutor of agency has told.
At the same time in embassy of Russia in the USA News have CFMed that diplomats watch a legal investigation Mirzoevoj and render to the Russian all necessary help and support. In particular, on Tuesday to Mirzoev the consular employee has come to see in prison.
" 4 us it is an important case as (five countries are involved in a situation). We work on diplomatic channels with all involved countries. Russia does not participate in the Hague convention, but we aspire to work in the spirit of this convention, and also the obligations within the limits of the convention on the rights of the child of the United Nations (which participant is not the USA) and we operate in interests of children within the limits of the law, both Russian, and American " - the representative of embassy of the Russian Federation has told News.