Contrary to expectations, Poland is in no hurry to address the issue of extradition to the United States citizen of Ukraine Artem Vaulina, the alleged founder of online resource Kickass Torrents (CAT) - one of the world's largest search engine torrent files. International legal team is doing everything possible to this did not happen.
For more than half a year the Polish authorities seriously puzzled by the US request for the extradition of Artyom Vaulina. But when 21 July 2016 years 30-year Kharkiv arrested in Warsaw by the decision of the District Court of Chicago in connection with a criminal case on charges of copyright infringement and money laundering, many media outlets, including Russian, limited retelling position of the Ministry of Justice of the United States and predicted the detained fast extradition to the United States.
There was then the media is not the slightest doubt that Vaulin be extradited because his arrest was made at the request of US authorities, slyvuschego infallible. MEDIA represented Artem Vaulina criminal who caused damage to a billion dollars. Claims on the part of the United States uncritically spread, while protecting the position of the main defendants in the case in the majority of cases are not reflected at all.
In fact, everything turned out to be far from being so simple. Poland is generally not inclined to blindly obey American dictates. The Polish authorities do not consider themselves vassals of the United States. Previously they had refused extradition on dubious charges of US courts. We can not exclude that in the case of Poland Vaulina eventually show due diligence.
The issue of extradition Vaulina seen so far. The procedure, which the United States hoped to rotate within a week, lasts more than six months. At the same time the US faced a certain resistance to the accused. Under extradition arrest in the largest prison in Poland "Warsaw-białołęka" Vaulin insists on his innocence and non-issuance.
Besides Vaulina protects an impressive international team of lawyers. Protection Group in Poland led by Polish lawyer Tatyana Patsevich. Outside of Poland, at the EU level, the protection of the interests of Vaulina carries Latvian lawyer Valery Sicco. Chief Adviser of protection in the United States is one of America's leading advocates for cases in the field of network technology and intellectual property rights Ira Rothko. In turn, the work on the line of defense of human rights is entrusted to international lawyers Illarionu Girsu.
CAT worked with 2008 year. By popularity, the resource surpassed even the notorious Pirate Bay. According to one of the largest statistical agencies of the world Alexa, the audience of CAT was more than 50 million users per month. At the peak of development, KAT occupied the 68 position in the list of the most popular sites in the world. According to the US authorities, over the years of its existence, CAT inflicted damage on rightholders amounting to at least one billion US dollars. The media noted that the cost of KAT as a commercial asset is estimated at 54 million US dollars, and the annual revenue of the site from the sale of advertising is from 12,5 to 22,3 million US dollars. True, Vaulin's defense calls these figures the fruit of an unhealthy imagination.
The American is charged CAT activity in the face of piracy Vaulina as an elementary and earnings on advertising calls dirty imputing Vaulin laundering of funds obtained by criminal means. Some media have even dubbed Vaulina "a pirate in a billion." However, according to the protection, in the activities of CAT, there was nothing of a pirate. This site has worked as a specialized search engine torrent files on the CAT no illegal materials are not stored, so the money you earn from advertising on the site might be legitimate, and certainly not a criminal offense.
Keep in mind that no one is guilty until his guilt is proven in a fair court. Ignoring the presumption of innocence, many of the media assigned Vaulina guilty, based on the mere fact put forward by the US accusations. It is in vain. rehabilitated - According to the defense Vaulina, his freedom, and can be returned to KAT.
Currently pending in the US court lawyer is declared Rotkenom motion to dismiss the prosecution Vaulina for lack of evidence in the CAT. Finally, a public petition stated the following:
"The government's theory of the case that the hosting and search engine torrent files is intentional direct violation of copyright, from the perspective of the law a failure. Any theory that the torrent file search engine may be called the theory of secondary turns, civil liability for violating the non-systemic actions of its users, copyright infringement. [...] Any and all charges, which depend on the criminal-law violations, including conspiracy and money laundering, must fall [...] The court must withdraw the charge. "
Upon his return to Chicago from Warsaw, which recently held a general meeting of the defense team, said lawyer Ira Rothko network edition to TorrentFreak, the persecution Vaulina contrary to human rights in its European sense. Among other things, he pointed out that Vaulina in the United States could potentially be sentenced to millions of years in prison, which is unprecedented even for the American penal system.
- From the perspective of the Convention on the Protection of Human Rights and Fundamental Freedoms Vaulina extradited from Poland to the United States is hardly acceptable, - commented on the matter forA REGNUMactivist Hilarion Gears. - One of the key obstacles to the issuance Vaulina is that both in Poland and in the US there is no law that would uniquely qualified CAT as a crime. This is a controversial topic, a clear consensus among lawyers there, and it indicates that Vaulina request for extradition for the fact that the law is not a crime.
According to Gershom extradition in this case would mean granting to their American justice, and not to a fair trial.
- The practice of the ECHR (European Court of Human Rights) is such that the norm, the violation of which the US imposes on Vaulin, can not be considered a "law", since it was not formulated with sufficient accuracy, which would allow Vaulin to conform her behavior with her. Moreover, the verdict threatening Vaulina in millions of years of prison is virtually equivalent to life imprisonment, and this for KAT, as understood by the ECHR, will be a clear violation of the principle of proportionality of punishment, which is part of the European understanding of a fair trial. In any case, if Poland eventually does not dare to refuse the requested extradition, then there is every reason to believe that this extradition will be banned by the ECHR - the relevant appeal there is already ready for us, "Giers explained.
Lawyer Tatiana Patsevich also shared withA REGNUMhis vision of the situation around the extradition case Vaulina in the United States:
- One of the main problems now is that the Polish court has so far evaded consideration of the request for extradition to the United States from the position of whether there is a sufficient degree of validity of the accusation - both in fact and legally. So far, the Polish court has approached the examination excessively formally, but it must be different. And I hope that we will achieve our goal. The request for extradition is full of mistakes. The situation with the transfer of the accusation to the Polish language is particularly tragic - the translation sent by the American authorities to the Polish causes difficulties in the understanding of the Poles themselves in Poland itself. Imagine, the accusation against Vaulina from the USA is presented by a certain "Great Field", the charge also includes something translated as a "dead pool", but at the same time the murder of a reservoir of water is still not "sewed" for Vaulin. But seriously, it's not to laugh. Due to mistakes in translation, the American charge in Polish sounds crazy crazy.
According Patsevich, defense asked to compare the Polish sworn translator with the English version of the charges, resulting in 196 errors were detected, not only spelling but also meaningful.
- A serious problem is the fact that the Polish court refused arbitrary Vaulin to familiarize with the case materials in their native language. It is a tricky business - pressure from the US to Poland is huge, - emphasized Patsevich.
According to the Polish lawyer, there is reason to believe the leak of confidential data in a case concerning the private life of the defendant family. The other day, at the address in Warsaw, where at one time lived Vaulina family, we came to suspicious people were interested in his client, but refused to identify themselves and to leave any of your contact information. Therefore it can be assumed that the pressure and intimidation attempts are made to force a spouse Vaulina give up the fight for the rights and freedom of her husband and father of her child.
- All those problems that Vaulin faced in the European Union are based only on the uncritical perception of the American accusation, - in turn, the Latvian lawyer Valery Sikko asserts. - There are no separate criminal-legal claims against Vaulina in the European Union. In assessing the activities of KAT and Vaulin himself, it is important to avoid comparison with any burglars or hackers. Neither KAT nor Vaulin had steal anything from anyone - neither data nor money. And the damage in the case is an unfounded conjecture of the US Attorney's Office. Charges of money laundering automatically disappear in case of recognition of the fact that CAT was not anything criminal. We are now collecting evidence of Vaulin's innocence - the evidence already collected is enough to fight off the charges in the US court. However, Vaulin's position in the United States would have been actually more complicated and dangerous than in Europe, so we are doing everything possible to exclude his extradition. A hard struggle is ahead, and even a tough opponent, but the strength, as they say, is in truth, and Vaulin has his own truth.
Social significance Vaulina case is confirmed not only a billion dollars of damage alleged against him and threatening for it in prison for millions of years. On change.org, one of the most famous international platforms, there is a collection of signatures in support of Vaulina alleging the invalidity of his persecution. 87 242 people have already signed the petition, thinking the matter Vaulina violation not only of his personal rights and freedoms, but also unjustified attack on the authorities to free access to information on the Internet.
In Vaulina unambiguously clear fact is only one: it is about the limits of freedom of citizens on the Internet, while the US aggressive policy aimed at reducing the available freedom. But there is at the same time and people who choose freedom not to give her to anyone. The struggle continues. To be continued…