, 8 tweets, 3 min read
Some really short legal analysis on Naama’s case. It is unprecedented even by Russian terms. I happen to be Russian lawyer in my former life and I have been following this case for a while. She has left India and fly to Israel with layover in Moscow. 1/
timesofisrael.com/israeli-jailed…
She didn’t cross the border during this layover, stayed in transit zone and was about to board her plane home. Given all that, it is more than evident, that the crime that she was charged with was chosen incorrectly. Judge knew it and so did prosecutor.
Small legal analysis. 2/
There are two articles in Russian criminal code that are relevant here. First is article 228 which sanctions illegal transportation without intent to sell or distribute (clearly this is the case here) and usual punishment is fine between 200 to 600 USD (40k Rubles), few months 3/
of detention and expulsion. That is what happens in practice.
There is another article, which is 228.1 that penalizes same action but with intent to sell or distribute. It has sanction of up to 8 years in prison and still max is given to those who professionally distribute. 4/
Here is example of another American detained in Russia for 20 gram medical marijuana possession. She was correctly charged with 228, was fined 15k rubles, released (because spent several months in the custody) and eventually expelled to USA. Why Naama didn’t get it? 5/
Because for her bad luck she had Israeli passport this time. Russia was trying to find a way to get its hacker arrested by Israeli police back. However by the time Russia asked Israel to exchange, nothing could have been done. There was Supreme Court decision to extradite him 5/
to USA. Putin asked Bibi for exchange, but Putin couldn’t understand that Bibi has no power to lift a phone and order a judge to reverse his/her decision. If Bibi even thought to do so, Mandelblit would have been sitting on his had with Case 5000 against PM for power abuse. 6/
So once Russian government realized: impossible to reverse the decision, it has allowed to unleash all force against Naama. That is the case of how unjust Russian legal system is. Whatever Israel Ministry of International Affairs is doing, this should be its top priority now. 7/7
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