MOSCOW. June 25 (Interfax) - Russian Human Rights Commissioner Tatyana Moskalkova said that the possible exchange of Paul Whelan, who was convicted for espionage in Russia, for the Russian citizens convicted in the United States, Viktor Bout and Konstantin Yaroshenko, has not been discussed with her officially.
"The return of Yaroshenko and Bout is being discussed. The issue is confidential. Negotiations are ongoing," Moskalkova said, answering Interfax's question as to whether Whelan's exchange is possible.
She said she is contact with Yaroshenko's lawyer and relatives and they asked not to disclose the details. The issue is still pending, she said.
"We really hope this humanitarian mission concludes. Yesterday I had a video call with Dunja Mijatovic, the Council of Europe Commissioner for Human Rights, and I raised this issue with her. She told me: 'You know that the U.S. is outside my competence.' But anyway, we will bring this issue up, as well as the one related to journalists under pressure, as we raised the issue of the Russian language in the Baltic states," she said.
Moskalkova said that during the pandemic schoolchildren were unable to continue their classes remotely in the Russian language. "And it is actually discrimination, pure and simple," the ombudsman said.
Additionally, the return of Russian citizen Alexander Vinnik, detained under the U.S. request in 2017 and currently in custody in France on money laundering charges, was also brought up. "We really hope international bodies will support us and draw public attention to the need to approach people humanely, mercifully, and fairly," Moskalkova said.
Answering a question whether Whelan's potential swap for Bout and Yaroshenko is being discussed, she said this issue has not been discussed with her officially.
"This issue hasn't been discussed with me officially. Therefore, I cannot comment on it," Moskalkova said, answering a relevant question.
An informed source told Interfax earlier Moscow and Washington are actively discussing Whelan's possible exchange for Bout and Yaroshenko. The exchange may happen through their pardon by the presidents of the two countries, the source said.
According to lawyers, Whelan's swap is outside their competence, and the decision is to be made at the level of the authorities of the two countries.
Russian presidential press secretary Dmitry Peskov, in turn has declined to comment on the possible exchange of Whelan for Russian citizens incarcerated in the U.S.
"We in the Kremlin do not deal with the exchange of foreign citizens for citizens of Russia. This is done by other agencies," Peskov said.
On June 15, the Moscow City Court found Whelan guilty of espionage and sentenced him to 16 years in a high-security penitentiary.
Whelan, who earlier served in the U.S. Marine Corps, was detained in Moscow on December 28, 2018. It later emerged that he holds citizenships of three other countries, the United Kingdom, Ireland, and Canada, in addition to U.S. one. The countries' embassies in Russia received requests for help from him. He was charged with espionage under Article 276 of the Russian Criminal Code and was facing between 10 and 20 years in jail.
Whelan denied any wrongdoing.
Whelan and his lawyers said initially they would appeal his sentence within the ten-day period prescribed by law. However, the defense team already had doubts about the appeal and said that they might not challenge the sentence in case of a decision to exchange Whelan for either of two Russians, Yaroshenko or Bout.
The Kremlin said that Whelan cannot be viewed as a "political hostage", as the charges brought against him were proven in court and accepted by the court.
Russian Deputy Foreign Minister Sergei Ryabkov said on June 16 that Whelan is not on the lists for prisoner swaps between Russia and the U.S. "No, the exchange issue is being looked at from a different angle. Mr. Whelan is not being discussed as part of any such arrangements and swaps," Ryabkov said in response to the relevant question from Interfax.
Bout and Yaroshenko's lawyer Alexei Tarasov said that the Russian citizens are ready to apply for a pardon if agreements on their exchange are reached.