It could be the largest prisoner exchange since the end of the Cold War: Russia and the West are to release a total of 26 prisoners. But how exactly does something like this work?
At a time of great tension, Russia and the West are exchanging prisoners, including, according to the Turkish secret service MIT, Americans, at least one German citizen, prominent Kremlin opponents and the so-called Tiergarten murderer, who is imprisoned in Germany. The fact that the operation, which was carried out via the Turkish capital Ankara, was imminent had been apparent for several days – at the latest after Belarus ruler Alexander Lukashenko lifted the death penalty against the German Rico K. on Tuesday.
Important questions and answers about the deal:
How does such an exchange work in practice?
Since everyone distrusts each other, once an agreement has been reached on who will be released, a place acceptable to all parties must be found for the handover of the prisoners. Turkey is a NATO member and has already had difficult phases with Russia, for example because Moscow and Ankara were on different sides in the Syria conflict for years. Recently, however, there has been a rapprochement. Kremlin chief Vladimir Putin met Turkish President Recep Tayyip Erdogan in early July for talks on the sidelines of the Shanghai Cooperation Organization summit.
What interests does Germany pursue here?
On the one hand, there are humanitarian interests with regard to the prisoners who were held in Russia and Belarus, some of whom were held under inhumane conditions. But foreign and security policy interests also have to be taken into account. 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, treacherously shot a Georgian of Chechen descent in the Kleiner Tiergarten park in Berlin on August 23, 2019 on behalf of Russian state authorities. During the trial before the Berlin Regional Court, he had his lawyers explain that his name was Wadim S., that he was 50 years old and a civil engineer. He denied having any connections to the secret service.
But after around 14 months of trial, the court was convinced: the defendant was Vadim K., born on August 10, 1965, who traveled to Berlin the day before the crime disguised as a tourist. In July 2019 at the latest, “state authorities of the Russian Federation” had decided to liquidate the Georgian, according to the judges. Vadim K. had been given the order to do this and was given a new identity in return.
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Wadim K. watched the verdict in December 2021 almost motionless. He waived his right to appeal. Because the man was considered to be at high risk, he did not remain in a high-security wing of Berlin’s Tegel prison, but was transferred several times to other prisons in Germany.
What legal basis does such an agreement have in Germany?
Whether Germany participates in such an exchange is primarily a political decision. This also applies to the question of which prisoners benefit from such an agreement. The “Tiergarten murderer” has served just under five years of his life sentence. Paragraph 456a of the Code of Criminal Procedure provides a legal basis for him to be able to leave Germany.
It states: “The enforcement authority may refrain from enforcing a prison sentence, a substitute prison sentence or a measure of reform and prevention if the convicted person is extradited to a foreign government for another offence, transferred to an international criminal court or if he is deported, returned or rejected from the area of application of this Federal Law.”
There is some discretion here. The decision is made by the Attorney General. However, the Federal Ministry of Justice has the right to give him instructions.
Has there ever been an international prisoner exchange on this scale?
The scale of the exchange is considered extraordinary in terms of the number of prisoners exchanged and the number of countries involved. Russian commentators also speak of 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 early in 2013 after ten years in a penal camp under German mediation, was also considered a political prisoner.
Despite their strained relations, the US and Russia have repeatedly exchanged prisoners in the past. In December 2022, during Russia’s war of aggression against Ukraine, US basketball player Brittney Griner, who had been convicted of a drug offense, was released. In return, Moscow received Russian arms dealer Viktor But, who had been convicted in the US.
Does the timing have anything to do with the US election campaign?
The fact that the US presidential election is coming up in three months is an important factor in the timing. The preparations for a prisoner exchange, especially on this scale, are complex and time-consuming. Months of secret talks preceded it. Putin would probably have had no interest in jeopardizing the progress made in the event that Republican Donald Trump could return to power.
Trump is said to be somewhat close to Putin, but the 78-year-old is extremely unpredictable and volatile. And he has so far said that he would offer absolutely nothing in return for the release of imprisoned Americans.
Since President Joe Biden took office in early 2021, the US government has already negotiated the release of several Americans from Russia, despite the extreme tensions over the war in Ukraine. The fact that two such prominent imprisoned Americans are now being released shortly before Biden leaves office is a great success for him – and will be part of his political legacy. The positive news will help Biden’s deputy Kamala Harris, who wants to run against Trump in the November election, in her election campaign.
What does Kremlin chief Putin gain from the exchange?
As a former intelligence chief, Putin wants to show above all that Russians who work abroad in Moscow’s interests, come into conflict with the law and end up in prison, will not be forgotten. “We do not abandon our people,” is a Russian saying.
The Kremlin chief repeatedly defended the “Tiergarten murderer”. In Russia, many consider Vadim K. to be a hero because, from the perspective of the power apparatus, he avenged the deaths 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 after returning home.
Russia has never admitted to having hired a killer to kill the Georgian. However, Putin publicly called the man killed a “bandit” and a “murderer”. The Foreign Ministry in Moscow criticized the Berlin verdict as “absolutely unfair and not objective”. The Georgian who was killed 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 almost complete breakdown of relations between the West and Russia as a result of the war of aggression against Ukraine, there have also been contacts in the past, such as prisoner exchanges.
Dmitri Gudkov, an opposition politician who fled Russia, said the exchange was a first step towards negotiations on peace in Ukraine. Both sides are now fed up with the war. By keeping the negotiation process calm and keeping quiet, they have shown each other that they are sticking to agreements. This is an important test of trust. For the US Democrats, this is an important success in the presidential election campaign.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
