Japanese Artist Transited Through Belarus Condemned to 4.5 years in Prison
- 24.01.2018, 15:42
27 year-old Japanese has spent a year in Vitsebsk reinforced correctional facility № 3.
Daichi Yoshida was flying from Kyiv to Tokyo. He did not violate any law either in Ukraine nor in Japan. But in Belarus he found himself in prison.
According to official information, a Japanese citizen Daichi Youshida is sentenced to 4 years and 6 months of imprisonment for illegal transportation of firearms (para. 2 Art. 295 and para. 1 Art. 333-1 of the Criminal Code of the Republic of Belarus).
The investigation says that there were 10 locks and 4 breech frames for Mosin–Nagant (3-line rifle M1891) of different years, Radio Svaboda reports.
"Frenchman with cartridge", Jolan Viaud, paid attention to the story of the Japanese artist.
A young traveler, who himself showed a cartridge to a Belarusian customs officer and wondered whether it was allowed to transportation, spent two months in a Homel remand prison. Jolan was declared not guilty. After the release, he said that many innocent remained in Belarusian prisons. He considers the story of Daichi Yoshida is analogous to his Belarusian experience.
"I am comic artist"
Daichi Youshida is 27 years-old. He graduated from the university in Japan. He has degree in Spanish language and literature, and in recent years he has been interested in painting manga.
His mother Yoko Yoshida says that her son is not an experienced traveler, although he has been to Eastern Europe. The young man does not speak Russian at all. He has a good command of English, his mother says.
In June 2016 Daichi was invited to Odessa for the summer festival. That's how he got in Ukraine.
In Kyiv he bought parts of antique firearms in a shop. His mother says he was interested in the military history. And he also wanted his manga to look realistic.
"This is a well-known shop in Ukraine. It has a special lisense to sell weapons and parts which are always deactivated. Parabellum shop was opened more than 10 years ago. It has faced numerous inspections of law enforcement bodies. If there had been something wrong, it would have been closed," the head of the Ukrainian Association of Arms Owners, Georgy Uchaikin, says.
"I know this guy on the photo. Yes, he bought some parts of historical weapons, sellers at Parabellum shop said. - We sell historical weapons and we have parts to the Mosin–Nagant. They are allowed to transportation through the territory of Ukraine, but when we sell them we strongly recommend our clients to apply for permission to the customs authorities and permissive structures of those countries they plan to visit in future. We only issue a receipt for the goods sold."
On August 15, 2016 Daichi had the flight from Kuiv (Zhulyany Airport) to Tokyo (Narita Airport). He acquired two transit tickets of Ethihad Airways to Minsk and Abu Dhabi.
According to the lawyer, Daichi wondered at Zhulyany Airport if he could carry the purchased parts. The staff allegedly made a picture of every item and scanned his passport.
"In half an hour I was told that I could do it," he writes in his letter from the correctional facility.
All parts of the firearm were in the check-in baggage. In accordance with aviation security rules of the international airport of Kyiv "spare parts and elements of arms" are allowed to transportation only with proper authorization.
According to the luggage receipt, Daichi should have claimed the luggage at Narita Airport in Tokyo. Dzmitry Shylau says that Daichi Yoshida "has no appropriate knowledge in the sphere and experience (Daichi did not serve in the army). And he did not know and could not know that the purchased things were parts of arms suitable for use. The citizen of Japan had no intention to move the purchased items across the customs border of Belarus and to transport them through the territory of Belarus: according to para 182 of Rules of passengers, baggage, cargo air service of the Republic of Belarus, the check-in luggage delivery occurs in the airport of departure/arrival.
Security regulations of Narita Airport in Tokyo also say that parts of a firearm can be in a check-in luggage.
"Ukrainian customs officers did not consider this luggage prohibited"
Daichi used Belavia to get to Minsk. He was detained in the transit area of Minsk National Airport.
"He was ill, was detained and missed his flight. He has a high temperature and was taken to the local hospital, his mother Yoko Youshida says. - He first made a call when he was in infectious hospital and said he would return home soon."
According to the representative of the Transport Prosecutor's Office, there were 10 locks and 4 breech frames for Mosin–Nagant (3-line rifle M1891) of different years,
"The situation looks ridiculous", the head of the Ukrainian Association of Arms Owners, Georgy Uchaikin, says. After all, Ukrainian customs officers could not but notice 10 locks and 4 breech frames for Mosin–Nagant. And they allowed him to boarding, that is, they did not regard the luggage as forbidden.".
Safety regulations of the Minsk airport do not involve information regarding transportation of part of firearm in the check-in luggage. In accordance with rules, such kind of luggage is checked without the presence of a transit passenger.
"The trial was a real madness"
Daichi was arrested and spent three months in Zhodzina correctional facility. He writes that it is "strict" and "hard no survive in". The situation with the Minsk correctional facility was also not a cherry pie.
"He lost the track of time, now he is depressed, she says. - He says that there are terrible conditions in the correctional facility. There is no toilet, just a hole in the corner of the ward. There is no paper, the ward is dirty and wet. He told he had caught a cold several times, and he did not get any treatment."
Japanese-to-Russian interpreter was hired when Daichi when he was charged. The case was heard by Kastrychnitski District Court of Minsk in April 2017. He was found guilty of illegal transportation of parts of firearms (part 2, Article 295 of the Criminal Code) and illegal moving them across the border (Art. 333-1 of the Criminal Code of Belarus). He was sentenced to 4 years and 6 months of imprisonment in the correctional facility with reinforced regime.
Mr. Yoshido and his lawyer do not agree with the verdict.
"There is no element of crime. Both articles carry punishment in case if a person acted willfully and knowingly, the lawyer says.
The lawyer also pays attention that neither the investigation nor the court addressed to services of the Ukrainian airport to check words of Daichi Yoshida. Radio Svaboda sent relevant requests to the State Customs Service of Ukraine, the Border Service and international airport of Kyiv.
"He didn't even know what he was punished for unless he was informed by his lawyer a few months after the last hearing," his mother said. - He was given a paper in Russian. He does not know Russian.
"He had no intention to move prohibited things across the border, his lawyer says. I think there is no element of crime, and he must be acquitted."
Now the appeal of Daichi Yoshida against conviction is under consideration of the Deputy Chairman of the Supreme Court, lawyer of Daichi Yoshida, Dzmitry Shylau, said.
"Help me," he writes from the correctional facility. - I filed a petition to the Supreme Court. But I do not believe in justice."