What keeps Moscow from freeing a Ukrainian fisherman?

Three months ago this week four Ukrainian fishermen died, when their boat collided with a Russian border patrol vessel in the Sea of Azov. The fifth fisherman, Oleksandr Fedorovych, who survived after the incident, was taken to Yeysk, Krasnodar Territory, where he underwent surgery. Den has more than once discussed this story (see No. 143, August 14; and the online articles “An Incident with a Fisherman: Three Conclusions,” “Who Will Help the Ukrainian Seaman who Survived,” “Russia, Bring Fedorovych Back,” and “Waiting for an Answer from Moscow”). It will be recalled that the Russian side accuses Fedorovych of poaching, which carries a 65,000-rouble fine and a two-year prison term. The Ukrainian fisherman is still in Yeysk under a written pledge not to leave the city. He told Den on the phone that he was “on the rocks – no money at all.” He does not have the slightest idea of what will be next. Nor does his lawyer Viktoria Prosvirina know. She says investigation is still in progress and the date of trial remains unknown. “We are waiting for answers to the Ukrainian side’s queries. Once the investigators receive them, the case will be handed over to court,” she pointed out.

Meanwhile, Aleksandr Lukashevich, director of the Information and Press Department at Russia’s Ministry of Foreign Affairs, has expressed a hope that the death of Ukrainian fishermen “will not hamper fraternal relations with Ukraine.” “The matter is now under close scrutiny of the two countries’ prosecutors. Unfortunately, Ukraine has politicized this very grave incident too much, and I understand the tonality of your question. We hope these contacts will make it possible to solve this problem without detriment to our fraternal relations with Ukraine,” UNIAN quotes Lukashevich as saying in reply to a journalist’s question.

Will the position of Russia in this incident really not affect the Ukrainian-Russian relations? The Day requested some Ukrainian and Russian experts to answer this question.

“RUSSIA MUST BE HELD RESPONSIBLE FOR THIS INCIDENT”

Hryhorii PEREPELYTSIA, Doctor of Political Sciences, professor at the National Taras Shevchenko University of Kyiv:

“I do not think our relations will remain unchanged. It is not the dead fishermen but such a deeper factor as antagonism between Ukraine and Russia that may provoke a conflict. This creates an additional negative background for rather tense relations between Kyiv and Moscow. Naturally, Ukraine’s Ministry of Foreign Affairs will be constantly raising this question because it is its duty. But this ministry will do nothing but express concern. What really hinders the solution of this conflict is absence of delimitation in the Sea of Azov. Russia believes our fishermen intruded into its territory. The Ukrainian side thinks it is an act that infringes human rights. Indeed, ramming into a fishing boat that posed no threat to the Russian Federation means that the Russian border guards used excessive force. Russia must be held responsible for this incident.”

“THIS IS A GROSS VIOLATION OF THE RULES OF NORMAL RELATIONS BETWEEN CIVILIZED STATES”

Volodymyr VASYLENKO, Doctor of Law, professor, international law expert:

“Russia’s attitude to this incident and to the plight of its victims, including the fisherman now held in Russia and barred from going home, has already strained relations between the two countries. Do you call it fraternal relations, when a Russian border patrol vessel rams a Ukrainian fishing boat? People died, but the Russian side does not answer Ukraine’s letters, inquiries, queries, and notes about a proper investigation into this incident. The Ukrainian Foreign Ministry addressed a note to Russia on the very first day and several more thereafter. There were addresses from Ukraine’s Minister of Justice and Prosecutor General’s Office, but we have received no positive answers. In my view, the Russian side shows a totally uncivilized attitude to Ukraine’s queries when it prevents Ukrainian prosecutors from investigating this case – it is a gross violation of the rules of normal relations between civilized states.

“The incident occurred in the waters that are not only under the Russian Federation’s jurisdiction. Under the law, the Russian border zone is only 4 km. The incident took place outside this zone, in the waters which both the Russians and the Ukrainians may use. There were no violations at all on the part of the Ukrainian fishermen. Why did this situation come up? The Russian side stubbornly refuses to draw a borderline in the Sea of Azov, so it is one of the factors that caused this tragedy.”

“IF RUSSIA CALLS OUR RELATIONS ‘FRATERNAL,’ IT MUST IMMEDIATELY SHOW HUMANNESS”

Semen NOVOPRUDSKY, independent journalist, Moscow:

“It is difficult to say if there is irony or sarcasm in the statements of Russian Foreign Ministry officials, when they call the current relations between Ukraine and Russia ‘fraternal.’ This seems to be the case. As for the relations between ordinary people, they are good and human, but, as far as interstate relations are concerned, they are, unfortunately, not ‘fraternal.’ The Ukrainian leadership will try to soft-pedal this incident, at least before signing the EU Association Agreement, in order not to irritate Russia still more. In this situation, the solution of the conflict will depend on Ukraine – on whether or not it will firmly demand that a proper investigation be conducted, etc. A conclusion can be drawn even from the latest statement of Lukashevich: things do happen. I still believe that this incident will not radically change relations between the two countries. It is not clear to what extent Ukraine is prepared to defend its European choice, but it is obvious that Russia cannot resign itself to this.

“What makes it difficult to solve this problem is the fact that Russia and Ukraine do not have an effective system of rapid settlement of specific private matters. The two states have been arguing about the border in the Sea of Azov and waging endless ‘gas wars’ for a long time and, as a result, they are no longer able to quickly solve the problems that concern concrete individuals. Meanwhile, one of the main goals of diplomats is not only to foster good relations between countries, but also to help decide the destinies of concrete people in difficult situations. Unfortunately, such notion as ‘diplomat’ has been lost in the post-Soviet space. It is supposedly a person who helps ordinary people in adverse circumstances. But if Russia calls our relations ‘fraternal,’ it must immediately show humanness because this feature reflects the strength, necessity and purpose, not weakness, of diplomacy.”

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We also got in touch with Fedorovych’s fellow villager Leonid Khanas. It will be recalled that he was one of the organizers of a rally in support of the fisherman last summer, when residents of Bezimenne signed several petitions to the president, the prime minister, and the minister of foreign affairs, requesting them to solve this matter as soon as possible. What did they get in reply? Khanas says they have not yet been told that their letters were received. “I think that, with due account of our bureaucracy, this process will drag on,” Khanas says. “We also sent a resolution to Russia’s President Vladimir Putin and were notified that it had reached him.” According to Khanas, Bezimenne residents also sent him a letter with a request to intervene in the Fedorovych case. “People are outraged at the actions of Russia which says that Ukraine has overpoliticized the seamen death case and we must think of a mutually advantageous way out of this situation. I don’t know what will come next. The people are in a fighting mood, but they have so far just promised money [to families of the killed fishermen. – Ed.]. We’ll be waiting,” Khanas adds.