- How did the XXL prisoner exchange go?
In a time of high tensions, Russia and the West have exchanged prisoners, including US citizens, German nationals, prominent Kremlin critics, and the so-called "Tiergarten murderer" who was incarcerated in Germany. The operation, conducted through the Turkish capital Ankara, had been hinted at for several days, at least since Alexander Lukashenko, the ruler of Belarus, lifted the death sentence against German national Rico K. on Tuesday.
Key questions and answers regarding the deal:
How does such an exchange work in practice?
Given the mutual mistrust, an acceptable location for the handover of prisoners had to be found after agreement on who would be released. Turkey, a NATO member, had previously had difficult phases with Russia, for instance, due to Moscow and Ankara being on different sides in the Syrian conflict for years. However, a rapprochement has been noticeable recently. Kremlin leader Vladimir Putin met with Turkish President Recep Tayyip Erdogan for a talk on the sidelines of the Shanghai Cooperation Organization summit in early July.
The planes carrying the former prisoners landed one after the other in Ankara. Due to the large number, the released individuals were taken to a secure location before their onward flight, according to the Turkish intelligence agency MIT.
What interests does Germany have in this?
Germany has both humanitarian interests, regarding prisoners held in Russia and Belarus under inhumane conditions, and foreign and security policy interests. It is clear that the US, an important partner of Germany, wanted to make progress here. Solidarity with the US and the protection obligation towards German nationals were also driving factors, according to government spokesman Steffen Hebestreit.
Who is the so-called "Tiergarten murderer"?
A Russian national who, according to the verdict, shot a Georgian of Chechen origin in the Kleiner Tiergarten park in Berlin on August 23, 2019, on the orders of Russian state institutions. He claimed through his lawyers that his name was Wadim S., he was 50 years old, and a civil engineer. He denied connections to the intelligence service.
However, the court was convinced after around 14 months of trial: The defendant is Wadim K., born on August 10, 1965, who traveled to Berlin as a tourist the day before the crime. "State authorities of the Russian Federation" decided to eliminate the Georgian at the latest in July 2019, according to the judges. Wadim K. received the order and a new identity for this purpose.
Wadim K. listened to the verdict in December 2021 with almost no reaction. He waived his right to appeal. Because he was considered highly dangerous, he was not kept in a high-security unit of the Berlin prison 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, as is the question of which prisoners will benefit. The "Tiergarten murderer" had served less than five years of his life sentence when he was released. The legal basis for his departure from Germany is provided by Section 456a of the Code of Criminal Procedure.
In Germany, it is stated: "The enforcement authority may waive the enforcement of a custodial sentence, a substitute custodial sentence, or a measure of improvement and security if the convicted person is extradited to a foreign government, transferred to an international criminal court, or if they are deported, returned, or rejected from the scope of this federal law."
There is a margin of discretion in this matter, with the decision being made by the Federal Prosecutor General. However, the Federal Ministry of Justice has a directive power over him, which it has also exercised in this case.
Has there been an international prisoner exchange of this magnitude before?
The scale - 26 exchanged individuals and seven participating states, including Turkey - is unprecedented. Russian commentators are also referring 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 in 2013 after ten years in a labor camp under German mediation, was also considered a political prisoner.
The USA and Russia have exchanged prisoners in the past despite 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 upcoming US presidential election in three months is a significant factor in the timing. The preparations for a prisoner exchange, especially on this scale, are complex and lengthy. Months of secret talks preceded this. Putin would likely not have wanted to risk the progress made so far for the possibility of the Republican Donald Trump returning to power.
While Trump is said to have some ties to Putin, the 78-year-old is also extremely unpredictable and impulsive. He has also stated that he would not offer anything in exchange for the release of imprisoned Americans.
Since the inauguration of President Joe Biden in early 2021, the US government has already negotiated the release of several Americans from Russia, despite the extreme tensions due to the Ukraine war. The fact that several Americans in Russian custody, including the two most prominent prisoners, reporter Evan Gershkovich and Paul Whelan, are now being released just before Biden's term ends is a significant achievement for him and will be part of his political legacy. Vice President Kamala Harris, who will run against Trump in the November election, will also benefit from the positive news in her campaign.
What does Kremlin leader Putin gain from the exchange?
As a former intelligence chief, Putin wants to show above all that Russians who work abroad in Moscow's interest and end up in conflict with the law and in prison will not be forgotten. "We do not abandon our people," is a Russian saying.
Putin has repeatedly defended the "Tiergarten murderer." In Russia, Vadim 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.
Russia has never acknowledged sending a hitman after the Georgian, but Putin publicly labeled the deceased a "criminal" and "murderer". The Russian Foreign Ministry criticized the Berlin verdict as "absolutely unfair and subjective". The deceased Georgian was described as "one of the former leaders of terrorist groups in the North Caucasus".
What significance does this exchange hold 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.
Russian opposition figure Dmitri Gudkov, who fled the country, suggested that the exchange could be a first step towards negotiations, including a peace in Ukraine. Both sides, he said, were tired of the war and had shown each other through the silence of the negotiation process and adherence to agreements that they could be trusted. This, he argued, was an important test of trust.
This prisoner exchange involving Germany includes the release of the so-called "Tiergarten murderer," who was sentenced for a crime committed in Berlin. With Germany having both humanitarian and foreign policy interests in this matter, the release of German nationals imprisoned in Russia and Belarus is significant. Additionally, Germany plays a crucial role in facilitating this exchange through its participation in the process.
