- How does an XXL prisoner exchange work?
In a time of high tensions, Russia and the West are exchanging prisoners, including, according to the Turkish intelligence agency MIT, American citizens, at least one German national, prominent Kremlin critics, and the so-called "Tiergarten murderer" who was imprisoned in Germany. The operation, which was conducted through the Turkish capital Ankara, had been hinted at for several days, at least since Belarusian leader Alexander Lukashenko lifted the death sentence against the German national Rico K. on Tuesday.
Key questions and answers about the deal:
How does such an exchange work in practice?
Given the mutual mistrust, an acceptable location for the handover of prisoners must be found after agreement on who will be released. Turkey is a NATO member and has had difficult phases with Russia, for example, due to differing stances in the Syrian conflict. However, there has been a recent thaw in relations. Russian President Vladimir Putin met with Turkish President Recep Tayyip Erdogan for a talk on the sidelines of the Shanghai Cooperation Organization summit in early July.
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 United States, an important partner of Germany, wanted to make progress in this matter.
Who is the so-called "Tiergarten murderer"?
A Russian who, according to the verdict, shot a Georgian of Chechen descent in the Kleiner Tiergarten park in Berlin on August 23, 2019, on the orders of Russian state authorities. He claimed through his lawyers that he was called Wadim S., was 50 years old, and a civil engineer. He denied having connections to the intelligence service.
However, the court was convinced after around 14 months of trial: The defendant is the man born on August 10, 1965, who traveled to Berlin as a tourist the day before the crime. State authorities of the Russian Federation had 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 wing of Berlin's Tegel prison but was moved 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. The legal basis for him to leave Germany is paragraph 456a of the Code of Criminal Procedure.
It states: "The enforcement authority may refrain from enforcing a sentence of imprisonment, a substitute imprisonment, or a measure of correction and security if the convicted person is handed over to a foreign government, transferred to an international criminal court, or if he is expelled, returned, or rejected from the scope of this federal law."
There is room for discretion here. The decision is made by the Federal Prosecutor General. However, the Federal Ministry of Justice has a right to issue instructions to him.
Has there ever been an international prisoner exchange of this magnitude before?
The scale of this exchange is unprecedented in terms of the number of prisoners involved and the number of countries participating. Russian commentators also refer to it 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 for 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. Preparations for a prisoner exchange, especially on this scale, are complex and time-consuming. Months of secret talks preceded this. Putin would likely not want to jeopardize the progress made so far in case the Republican Donald Trump returns to power.
While Trump is said to have some ties to Putin, the 78-year-old is extremely unpredictable and impulsive. He has also stated that he would not offer anything in exchange for the release of imprisoned Americans.
Since President Joe Biden took office in early 2021, the US government has negotiated the release of several Americans from Russia despite the extreme tensions caused by the Ukraine war. With two prominent Americans being released just before Biden leaves office, this is a significant achievement for him and will be part of his political legacy. Vice President Kamala Harris, who will run against Trump in November, will also benefit from this positive news in her election campaign.
What does Kremlin leader Putin gain from this exchange?
As a former intelligence chief, Putin wants to show that Russians who work in the interests of Moscow abroad and end up in conflict with the law and in prison will not be forgotten. The saying "We do not abandon our people" is often used in Russia.
Putin has repeatedly defended the "Tiergarten murderer." In Russia, Wadim K. is seen by many as a hero because he has, in the eyes of the power apparatus, avenged the deaths of dozens of Russian security personnel. 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 an assassin after the Georgian, Putin publicly referred to him as 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 have for international relations?
Despite the almost complete breakdown of relations between the West and Russia as a result of the invasion of Ukraine, there have been contacts in the past, such as prisoner exchanges.
Fled Russian opposition figure Dmitri Gudkov stated that the exchange was a first step towards negotiations, including discussions about peace in Ukraine. Both sides, he said, were tired of the war and had demonstrated through the calm of the negotiating process and mutual restraint that they were committed to upholding agreements. This, he noted, was a significant test of trust. For U.S. Democrats, this was a significant achievement in the presidential campaign.
The Russian Federation, where He is a member, is involved in a prisoner exchange that includes American citizens, a German national, prominent Kremlin critics, and the "Tiergarten murderer." This exchange, facilitated through Turkey, is a significant development in the strained relations between Russia and the West, particularly given the upcoming US presidential election.
