“Kyiv Prosecutor’s Office during the preparatory meeting on the consideration of the indictment for the Federative Republic of Brazil citizen Rafael Lusvarghi, who is accused of participating in a DNR terrorist organization and recruiting the mercenaries, will introduce a request for choosing a restrictive measure for the convicted in the form of detention in custody,” the message says.
The session on the foreigner’s case will take place in Pavlohrad District Court in Dnipro region on June 6, 2018.
The term of the chosen preventive measure for Lusvarghi expired in February this year and could not be prolonged as the court was considering the question of territorial jurisdiction of this criminal proceeding for a long period of time.
“For today the law does not provide any legal basis for the consideration of the request on choosing the preventive measure for Lusvarghi,” the message says.
As it was reported earlier, SBU officers detained Lusvarghi in October 2016 when he was crossing Ukraine’s border in D terminal of the Boryspil airport.
A couple of months later, in January of 2017, Kyiv Pechersky District Court found the Brazilian guilty of the formation of a terrorist organization, of the creations of illegal armed formations and sentenced him to 13 years of imprisonment with a confiscation of property. He became the first non-Russia foreigner sentenced by Kyiv for the participation in Donbas war.
Kyiv Court of Appeal canceled the sentence on August 2017 and returned the Lusvarghi case for a retrial.
Later, the pre-trial restriction for Lusvarghi was changed. The militant will be released on personal commitment, according to which he cannot leave Kyiv and has to inform the court about the change of residence and appear in court on the first request.
Igor Volk, the prosecutor on the case, initiated the change of the preventive measure. He applied to the court with this request on December 15. In around two weeks before the hostage exchange, when Ukraine passed 233 people, 73 prisoners came back to the territory controlled by the Government.
The nationalist caught Lusvarghi and brought him to SBU building on May 4.