Ukrainian pilot remains in Russian custody

Despite calls from Kyiv and the Council of Europe, Russia is refusing to release Ukrainian pilot Nadiya Savchenko despite her recently gained immunity.

It was expected that Savchenko would be released on January 26th, when the Parliamentary Assembly of the Council of Europe (PACE) approved her membership in the Ukrainian delegation — a position that provides her with diplomatic immunity. Officials in Moscow allege that she was involved in a fatal mortar attack and are holding her despite a lack of evidence. Her continued incarceration is illegal and could have serious consequences for Russia, leaders in Kyiv said.

Savchenko’s case was one of the first issues that PACE discussed at its opening session last week, appealing to Russia to free her. The Russian delegation also supported this decision. But then came another resolution blaming Russia for the conflict in Donbas and suspending the voting rights of the Russian delegation until April. Thus, Moscow refused to comply with PACE’s call to release Savchenko.

“[Russia’s President Vladimir] Putin’s regime has to make a serious choice,” Ivan Kurulko, a member of the Ukrainian parliament, told SETimes. “Europe has not had such a precedent before when a Council of Europe representative was in captivity, held by a country that is member of the organisation. It could have serious legal consequences for Russia, which currently was denied the right to vote and participate in the work of PACE.”

Protesters in Kyiv urge the Parliamentary Assembly of the Council of Europe to increase pressure on Russia to release captured Ukrainian pilot Nadiya Savchenko and other political prisoners. [Andriy Berehoviy/SETimes]

Kurulko was part of a delegation that recently visited Savchenko, who has been on a hunger strike since December 13th, drinking only warm water.

“I am very aware of your concern and feel ashamed that from prison I myself can do almost nothing. I have therefore decided to fight in the only way available to me — through a hunger strike,” Savchenko wrote in a letter to her supporters. “Through my protest — my hunger — I wish to achieve common sense from Russian authorities and an awakening of conscience from the Russian Investigative Committee. There is irrefutable evidence of my lack of involvement and innocence of the crimes they accuse me of. What else do they need?”

On January 20th, Savchenko’s sister Vira was allowed to meet with her in the Moscow prison. The conversation lasted for an hour and half. Vira Savchenko said she was shocked to see her sister, who had lost more than 15 kilograms, but could not persuade her to stop the hunger strike.

“This is not some kind of suicide or any attempt to pressure of pity,” Vira Savchenko told journalists after meeting her sister. “This is the only form of protest against the war on the territory of Ukraine. Nadiya is a warrior, and this is the weapon she can use now.”

Pro-Kremlin separatist forces captured the 33-year-old Savchenko, who is the first Ukrainian woman to become a military pilot, near Luhansk on June 18th. She was not flying helicopters at the time, but was fighting on the ground with a militia unit.

Later, Savchenko was illegally transferred to Russia. The Kremlin is trying to charge her in connection with the deaths of two Russian journalists who were killed during a battle near Luhansk on June 17th. Prosecutors allege that she provided Ukrainian mortar specialists with the position of a three-person team of television journalists. According to Mark Feygin, Savchenko’s lawyer, documents proving that Savchenko is not guilty were sent to the Russian Investigative Committee.

“She could not kill the journalist since she was already in captivity an hour before their deaths as a result of a mortar attack. This is evidenced by data from her mobile phone and the results of examination of witnesses,” Feygin told SETimes.

He emphasised that Russia has no legal right to keep Savchenko in prison.

“It is obvious to everyone that she was illegally moved to Russia from Ukraine,” Feygin said. “Moreover, she was in captivity. According to the Geneva Convention, Savchenko is a prisoner of war, and cannot be under any criminal prosecution in Russia. She can only be pursued for war crimes.”

During Savchenko’s seven months in prison, Ukrainian, US and EU leaders have appealed to Moscow to free her. Savchenko’s issue was raised during peace negotiations in Minsk in September. In October, Savchenko was elected to the Ukrainian parliament.

After receiving a public petition with 3,000 signatures, PACE President Anne Brasseur wrote a letter to Russia’s Parliament Speaker Sergei Naryshkin, pointing out that the Ukrainian pilot must be released.

However, according to Savchenko’s lawyers, Russian investigators initiated a new case against Savchenko, accusing her of an illegal border crossing.

To increase the international pressure on Russia and draw the attention of world leaders, civil activists and human rights defenders in Ukraine have organised demonstrations across the country, including one in front of the EU Delegation office in Kyiv.

“We want to move closer to a victory in Savchenko’s case,” activist Petro Okhotin told SETimes. “Because she is on a hunger strike right now and the count is not even about days but about hours. Today, when a winter session is under way, it is crucially important to raise Savchenko’s case.”

What are the most effective steps the international community should take to gain Savchenko’s release from Russian custody? Share your thoughts in comments.