Table of Contents
- How does such an exchange work in practice?
- Who is the so-called Tiergarten murderer?
- What is the legal basis for such an agreement in Germany?
- Has there ever been an international prisoner exchange of this magnitude before?
- Is the timing related to the US election campaign?
- What does Kremlin chief Putin gain from the exchange?
- What significance does the exchange have for international relations?
- 26 prisoners to be released <unk> How does a XXL prisoner exchange work?
In a time of great tension, Russia and the West are exchanging prisoners, including, according to the Turkish intelligence service MIT, US Americans, at least one German citizen, prominent Kremlin critics, and the so-called Tiergarten murderer, who is currently in detention in Germany. That the operation, which was handled through the Turkish capital Ankara, was imminent had been hinting for several days, at least since Belarusian ruler Alexander Lukashenko lifted the death penalty against the German Rico K. on Tuesday.
Important questions and answers around the deal:
How does such an exchange work in practice?
Since everyone mistrusts each other, a location for the handover of the prisoners that is acceptable to all parties involved must be found after an agreement has been reached on who will be released. Turkey is a NATO member and has had difficult phases with Russia, for example because Moscow and Ankara were on different sides in the Syrian conflict for years. However, a rapprochement has been noticeable recently. Kremlin chief Vladimir Putin met with Turkish President Recep Tayyip Erdogan for a conversation on the sidelines of the Shanghai Cooperation Organization summit at the beginning of July.
What interests does Germany pursue in this?
On the one hand, humanitarian interests regarding the prisoners who were being held in Russia and Belarus under inhumane conditions. But also external and security policy interests must be considered. Because it is clear that the USA, an important partner of Germany, wanted to make progress here.
Who is the so-called Tiergarten murderer?
A Russian who, according to the verdict, had shot a Georgian of Chechen descent in the Tiergarten park in Berlin on August 23, 2019, on the orders of state Russian authorities. He had his lawyers state in court that he was called Wadim S., was 50 years old, and was a civil engineer. He denied having connections to the secret service.
However, the court was convinced after around 14 months of trial: The defendant is the Wadim K. born on August 10, 1965, who had traveled to Berlin as a tourist the day before the crime. At the latest in July 2019, "state authorities of the Russian Federation" had decided to eliminate the Georgian, the judges said. Wadim K. received the order and a new identity for this.
Wadim K. followed the announcement of the verdict in December 2021 almost expressionless. He waived an appeal. Because the man was considered highly dangerous, he was not kept in a high-security prison in Berlin-Tegel, but was transferred several times to other prisons in Germany.
What is the legal basis for such an agreement in Germany?
Whether Germany participates in such an exchange is primarily a political decision. This also applies to the question of which prisoners will benefit from such an agreement. The "Tiergarten murderer" had served less than five years of his life sentence. A legal basis for him to leave Germany nonetheless is provided by paragraph 456a of the Code of Criminal Procedure.
In Germany, it is stated: "The enforcement authority can refrain from enforcing a prison sentence, a substitute prison sentence, or a measure for improvement and security if the convicted person is extradited to a foreign government, handed over to an international criminal court, or if they are expelled, returned, or rejected from the scope of this federal law." There is a margin of discretion here, with the decision being made by the Federal Prosecutor General. However, the Federal Ministry of Justice has the power to issue instructions to him.
Has there been an international prisoner exchange of this magnitude before?
The scale of this exchange, in terms of the number of prisoners exchanged and the number of countries involved, is unprecedented. Russian commentators also refer to this as the first major release of political prisoners by the Kremlin since the end of the Cold War. However, from a Western perspective, the former oil manager Mikhail Khodorkovsky, who was released from prison early after ten years in a labor camp in 2013 with German mediation, was also considered a political prisoner.
The USA and Russia have exchanged prisoners in the past despite their strained relations. In December 2022, during the Russian invasion of Ukraine, the American basketball player Brittney Griner, who was convicted of a drug offense, was released in exchange for the Russian arms dealer Viktor Bout, who was convicted in the USA.
Does the timing have anything to do with the US election campaign?
The fact that the US presidential election is approaching in three months is a significant factor in the timing. Preparations for a prisoner exchange, especially on this scale, are complex and time-consuming. Months of secret talks preceded this. Putin would likely not have wanted to risk the progress made so far if there was a chance that the Republican Donald Trump could return to power.
While Trump is said to have some ties to Putin, the 78-year-old is extremely unpredictable and erratic. He has also stated that he would not offer anything in return for the release of imprisoned Americans.
Since taking office in early 2021, the US government under President Joe Biden has already negotiated the release of several Americans from Russia, despite the extreme tensions due to the Ukraine war. The release of two prominent Americans just before Biden leaves office is a significant achievement for him and will be part of his political legacy. The positive news also benefits Biden's running mate, Kamala Harris, who will face Trump in the November election.
What does Kremlin leader Putin gain from the exchange?
As a former intelligence chief, Putin wants to show above all that Russians who work in the interest of Moscow abroad and end up in conflict with the law and in prison will not be forgotten. The phrase "We do not abandon our people" is a Russian saying.
Putin has repeatedly defended the "Tiergarten murderer." In Russia, Wadim K. is seen by many as a hero because, from the perspective of the power apparatus, he has avenged the death of dozens of Russian security forces. Several Russians who have been accused of murder and other serious crimes abroad have received honors and lucrative positions upon their return to their homeland.
While Russia has never admitted to sending a killer after the Georgian, Putin publicly referred to him as a "bandit" and "murderer." The Russian Foreign Ministry criticized the Berlin verdict as "absolutely unjust and not objective." The deceased Georgian was described as "one of the former leaders of terrorist groups in the North Caucasus."
What significance does the exchange have for international relations?
Despite the near-total breakdown of relations between the West and Russia following the invasion of Ukraine, there have been contacts in the past, such as prisoner exchanges.
Dmitri Gudkov, a Russian opposition figure who fled the country, suggested that the exchange could be a first step towards negotiations, including discussions about peace in Ukraine. Both sides, he said, were tired of the war and had demonstrated their commitment to agreements through the silence of the negotiation process. This, he argued, was an important test of trust. For US Democrats, this was a significant achievement in the presidential election campaign.
The President of the European Parliament might express concern over the release of the 'Tiergarten murderer,' given that he was convicted for a violent crime in Germany. Furthermore, the European Parliament could call for transparency regarding the circumstances surrounding the international prisoner exchange, to ensure it aligns with international human rights standards.
