– The authorities want me in prison in advance, before it is decided whether I am guilty, Vitaly Aleksandrovich Rustanovich believes. The Russian was arrested with drones in his luggage when he was about to leave Norway via Storskog on 11 October. – I have not filmed anything illegal. They are trying to build up a suspicion of espionage, he said in the prison meeting today. In the meeting, the police wanted him imprisoned for another four weeks, until a criminal trial is scheduled for 24 November. – It is wild and absurd that I have to sit for four weeks while they try to find something that doesn’t exist, said Rustanovich. The decision on further detention is expected on Thursday afternoon. Asking for an interview – I have told what I filmed and been willing to cooperate, says the 50-year-old to news. He offers a short interview after the imprisonment meeting in Vadsø. He believes the matter has been resolved long ago. He says he has never hidden the fact that he has flown a drone, and that he did not know it was illegal. The police have previously stated that they have seized 4 terabytes of material. Rustanovich says that only a small proportion of this, perhaps 70 gigabytes, has been taken in Norway since August. He says he has given the police access to everything that was encrypted. Therefore, he also believes that two weeks’ detention must be sufficient for the police to review images and video and see that he has not photographed anything sensitive. He has been informed that other Russians were released when the police had reviewed their holiday photos, and believes he should receive the same treatment. He tells news that he filmed rental cabins in the south for advertising on social media. In northern Norway, he has filmed nature as a pure hobby. Leading lawyers: Not punishable The police still believe he has broken the law on sanctions, which prohibits the Russians from operating aviation. But the law is disputed. Several lawyers – both defense attorneys and professors – believe the law does not affect the use of drones. The reason is that a drone is not clearly defined as an aircraft in the law. Other sources indicate that it was never intended to target drone use. Lawyer Jens Bernhard Herstad believes the court will be on the brink of human rights if his client is imprisoned for another four weeks. Photo: Kristina Kalinina / news Complains about slow investigation Defense attorney Jens Bernhard Herstad reviewed the history of the sanctions in court, and pointed, among other things, to the EU regulation that lay behind them. In a text with frequently asked questions, which should make the topic easily understandable, drones are not mentioned at all. Herstad thought it was obvious that the sanctions were aimed at Russia and the Russian economy at an overall level. Neither private individuals nor drone flights were the target, he believed. According to Herstad, it would be against both the Constitution and human rights to punish people for a prohibition that was not clearly stated in the law. – There is a requirement for clarity and predictability, he said. Rustanovitch himself follows up with news: – This is a severe blow to Norway’s reputation as a democratic nation with legal certainty, he says. Complains about slowness – The investigation shows an impressive lack of progress, Herstad said in court. According to the papers he has received, there has been one questioning of Rustanovich and one of a witness. Herstad believed that four new weeks in custody could in itself be a violation of human rights. That could lead to Rustanovich serving more than what he wants to be sentenced for. No one has been punished for similar offences, nor are there any clear signals from the Storting about where the punishment should lie. Herstad believes that the use of drones is, in any case, a fairly insignificant breach of the Sanctions Act. The most serious violations of the law can be punished with imprisonment for three years. Police prosecutor Eve Remmen did not comment on the law in the case, but announced an appeal if the court did not want Rustanovitch in custody any longer. She asked that he be in prison until the Court of Appeal had looked into the case. The case has been transferred from Finnmark police district to PST. They have so far not responded to news’s request for a comment. PS: Prison meetings are initially prohibited from taking minutes, but judge Cecilie Lysjø Jacobsen lifted the ban at the request of news, as nothing sensitive appeared in court.
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