The Supreme Court has overturned the appeal court and the district court’s acquittal of the British-Russian businessman Andrey Yakunin, with the judgment that the flight ban against Russian citizens includes drone flights. The background for the repeal is that the Supreme Court has concluded that drones fall under the term “aircraft”. Yakunin spent 51 days in custody for flying a drone in Svalbard during a sailing trip last summer. He was accused of violating the sanctions that prohibit Russian citizens from flying drones in Norwegian airspace. He was acquitted in both Nord-Troms District Court and Hålogaland Court of Appeal. They believed that drones are not covered by the flight ban imposed on Russian citizens. The Supreme Court previously ruled that it is illegal for Russians to fly drones. That is why there has been great excitement about what the Supreme Court now decides in Yakunin’s case, and whether they are willing to put their own decisions aside. The Yakunin case: British-Russian Andrey Yakunin is arrested in Hammerfest for flying a drone in Svalbard. – The police have been authorized to remand a 47-year-old Russian citizen for two weeks. The man has Russian and British citizenship, police attorney Anja Mikkelsen Indbjør told news at the time. Yakunin acknowledged having flown the drone in Svalbard, but stated that he should be considered a British citizen and not Russian. Although the police found a Russian passport on board his boat “Firebird”. Yakunin was then charged and remanded in custody for breach of the Sanctions Act section 4. Photo: Allan Klo / news Nord-Troms and Senja district court decided Yakunin should be released. The District Court says it is uncertain whether the sanctions regulations are in conflict with the Svalbard Treaty. Due to this uncertainty, the district court believes that it is a disproportionately large deprivation of liberty to keep Yakunin in custody. The prosecution appealed the case to the Court of Appeal, and Yakunin was not released until it was heard there. Photo: Jørn Inge Johansen The Hålogaland Court of Appeal reviewed the ruling from Nord-Troms and Senja District Court, where Yakunin was requested to be released. The ruling stated that Yakunin must remain in custody for another four weeks. The court feared that he would leave the country, and therefore justifies the imprisonment with, among other things, the risk of evasion. Emphasis was also placed on the fact that on two occasions Yakunin has explained himself incorrectly about his Russian passport. He was prosecuted for flying a drone in Svalbard. The sanctions regulations prohibit Russians from operating aircraft and drones in Norway. The indictment states that he stayed on Svalbard in the period from 3 August to 6 September 2022 and flew a drone repeatedly during this period. The British-Russian man Andrey Yakunin pleaded not guilty to illegal drone flying when the trial against him started in North Troms and Senja district court in Tromsø. – There is no doubt that sanctions laws adopted by the government also apply in Svalbard. That’s what State Attorney Kristin Røhne said in her introductory speech in Nord-Troms and Senja District Court. Yakunin has hired the Elden law firm to defend him in the trial. In the trial, Yakunin claims that he was not aware of the rules that applied to drone flights in Svalbard, and considers himself to have the most connections to Great Britain. The prosecution believes that it should not exempt him from punishment, because he should have checked this up and that it is up to the Norwegian state to judge which nationality should be used as a basis. John Christian Elden believes that such an interpretation of the law will affect Russians and not the Russian regime. He also believes that it is not specified that the drone ban also applies to Svalbard. Thus, he believes that Yakunin cannot be punished. The prosecution requested 120 days in prison. Photo: Pål Hansen / news A unanimous district court acquitted Yakunin. The court writes in the ruling: “In summary, the court finds that the EU’s sanctions against aviation were intended to affect general aviation with manned aircraft, but drones/unmanned aircraft that must be registered and covered by the other air traffic rules will also be affected. Small drones which in our case are not covered by the sanctioning regulations” The public prosecutor announced that they will appeal the case further to the Court of Appeal. Photo: Annika Byrde / NTB Yakunin is also acquitted in the Hålogaland Court of Appeal. – I am very happy that the rule of law and common sense also prevailed in the Court of Appeal. From day one, I have argued that it is not a criminal offense for a British man to fly a hobby drone in Svalbard. I hope that the Court of Appeal’s rejection of the prosecution’s appeal will put an end to this story, says Yakunin. But this time too, the prosecution chooses to appeal the case. The Supreme Court decides to hear the appeal from the public prosecutor. They will assess whether it is forbidden for Russian citizens to fly drones over Norwegian territory. The appeal case will go to court on June 13. Photo: Gorm Kallestad / NTB Show more May have consequences for many The decision in the Supreme Court may also have consequences for more than the British-Russian billionaire. For four Russians have been prosecuted for illegal drone flying in Norway. All four have later been acquitted or released. 11 October 2022: A 50-year-old was caught at the border at Storskog. He was initially remanded in custody for two weeks, and will be produced for extended custody on Thursday. 14 October 2022: A 51-year-old arrested at Tromsø Airport. Remanded in custody for two weeks, appeal rejected by the Court of Appeal. 17 October 2022: Businessman Andrey Yakunin (47) was arrested in Hammerfest. Imprisoned for two weeks, but appealed. 20 October 2022: A Russian in his 30s was arrested in Ullensvang. He has been remanded in custody by the Court of Appeal and has appealed to the Supreme Court. Yakunin is the most high-profile of these individuals. He is the son of a Russian oligarch who is said to have close ties to Putin. Drone defendant Yakunin: – I hope we can correct this mistake Previous judges acquitted Russians of drone flying: Think the Yakunin case in the Supreme Court is open
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Yakunin flew illegally – news Troms and Finnmark
