Concerning the Case of FRG Citizen B. T. Hobert

PRESS RELEASE

A Munster court judgment handing a one-year suspended sentence to B. T. Hobert, a former teacher at the FRG Embassy school in Moscow, found guilty in a traffic accident on November 30, 2008 that killed Russian citizens A. G. Kamynin and A. V. Yevteyev, is reportedly due to enter into force on November 19 this year.

Hobert, having enjoyed diplomatic immunity in Russia as an accredited member of the administrative and technical staff of the FRG Embassy, was prosecuted by German law enforcement authorities within the scope of the investigative mandate of the Russian Prosecutor General's Office, transmitted to the German side via channels of international legal assistance.

In view of the grave consequences of Hobert's offense, the so mild judgment of German Themis causes surprise and non-acceptance. It cannot be described otherwise than as extremely controversial from a legal point of view and failing to reflect the gravity of the offense involved.

As far as we can judge, the court of Munster chose for Hobert the least severe penalty envisioned by German law for such offenses. It had failed to take into account such a circumstance as Hobert's earlier gross traffic violations (exceeding the maximum speed of 69 km/h, riding into the oncoming lane, refusing to submit to an alcohol test).

The Russian Ministry of Foreign Affairs had opportunely drawn the attention of the FRG Embassy to Hobert's aforesaid gross and repeated violations of Russian legislation, the rules of which under the 1961 Vienna Convention on Diplomatic Relations members of foreign diplomatic missions must respect and observe. Unfortunately, German authorities did not respond adequately with regard to Hobert. The relevant Russian MFA notes, attached to the materials of the criminal case, were at the court's disposal.

Soon it will be a year since the death of A. G. Kamynin and A. V. Yevteyev. Once again we express our condolences to the kin and kith for their grievous loss and share their feelings of indignation at the punishment appointed by the German court for the culprit of this tragedy. We will, within the existing legal procedures and in political contacts with German authorities, seek justice.

November 17, 2009