The Government has decided to extradite an Estonian national accused of participation in a terrorist organisation to Ukraine. Ukraine’s request for extradition is based on the European Convention on Extradition and the Republic of Estonia and the Ukraine Agreement on legal assistance and legal relationship in civil, family and criminal matters. Both external agreements provide for the extradition for offences punishable in both the requested and requesting country by a penalty of at least one year's imprisonment.
Ukraine accuses the individual concerned of participating in the operations of the commandant’s headquarters of the Ministry of Defence of the so-called ‘Luhansk People’s Republic’ and carrying out the orders of the heads of the commandant’s headquarters, including guarding objects and illegally detained prisoners. According to Ukrainian legislation, establishing, participating in or directing the activities of a terrorist group or a terrorist organisation or assisting in or fostering the establishment or activities of a terrorist group or organisation carries a penalty of eight to fifteen years’ imprisonment.
In the Republic of Estonia, a similar offence carries a penalty of five to twenty years’ or life imprisonment. Estonian courts have declared the extradition legally permissible.
The Government of the Republic decides on the extradition of an individual to Ukraine with the latter’s right to accuse the individual of participating in a terrorist organisation. The individual cannot be held criminally liable or punished for other offences committed before extradition without the consent of the Government of the Republic of Estonia.