Ilja Janitskin is treated for cancer at a hospital in Andorra. Ilja Janitskin Picture: Ilja Janitskin Ilja Janitskin
Heidi Finnilä Yle Helsingfors
The notorious chef director of the webpublication of MV-magasin, Ilja Janitskin, is arrested and cancer sick in his homeland Andorra with a ankle bracelet, without any permission to move outside his home. The researcher, Karin Creutz, claims that his human rights are violated. Janitskin is being interviewed to swedish Yle in his home thru skype.
MV-magasin is known for its xenophobic language use and verbal attacks against forinergrops and individuals.
Since Janiskin has been in custody for a long time without any trial and also while he is suffering from a serious disease, the question arises, if there is a possibility that his human rights are violated.
Janitskins human rights
Janitskin has neither been interrogated nor prosecuted by finnish authorities since he refuses to come to Finland. The reasons for his refusal is partly because he has been living abroad since 2011, and partly because he suffers from cancer.
He has been sitting in jail for two and a half months in Andorra, been operated for cancer three times and is now continuing his detention time in his home. Every two weeks apart, he is going for cytostatic treatment.
Janitskin is in housecostidy in Andorra. Heidi Finnilä Picture:
Heidi Finnilä Ilja Jantiski, Heidi Finnilä
- Well it is pretty wacky sitting here all day with a ankle monitor, while the doctors are telling me that I need to exercise, walk and get fresh air. Janiskin says, who may not leave his home except for his hospital appointments.
The extremist researcher Karin Creutz claims that there should be a time limit for how long you can be arrested without any interrogation.
- Janitskin is hold in custody, waiting for orders about extradition, therefor they have used forceful means to do so, but there is a time limit on how long you can be hold. The EU court has treated the same aspects in the case of Francis Lanigan, says Creutz.
Creutz adds that if this is framework agreements in EU and Andorra is not a member of EU, then you can see this as a indicative of what is proportional in european countries.
- If there is a suspicion that a suspect might flee then a travel ban could be in use accordingly to the proportionality principle, Creutz explains. That is where the authority actions are set to be in proportion to the case.
- You could ask if this is applicable here, especially if you consider Janitskins health.
Karin Creutz claims that Ilja Janitskis human rights are violated. Karin Creutz Bild: Yle / Mattias Fagerholm karin creutz
The European human rights conventions three´d article and the convention against torture and other cruel inhuman or degrading treatment or punishment, determines how a human should be treated in custody circumstances.
- According to my information, Janitskin is getting cytostatic treatment of the fourth degree of cancer and because of the house arrest he has no possibility to withhold his basic condition nor spend time outside, says Creutz. To a degree you could say that his health condition where better of in jail where he still had the possibility to be outside.
Cancer or not?
The crime inspector Harri Saaristola who is communicating through e-mail and the judge who neither wants to be mentioned nor intervju says that they haven’t gotten any information about Janitskins health condition and they doesn’t seem to be fully convinced that the info about Janitskins cancer is real.
Ilja Janitskin has a number of different documents to prove his sickness, both from the court in Andorra and from the hospital where he is treated and he claims that these documents has been sent to the authorities in Finland.
A document from the court in Andorra describes the treatment that Janitskin has gotten. Ilja janitskin Picture: Heidi Finnilä Ilja Janitskin
In an interview that takes place through a Skype conversation, Janitskin also shows a piece of paper with his appointments list to the cancer clinic in andorra and assures that his papers are not falsified and that his sickness is not made up.
Karin Creutz is surprised that the prosecution is lacking information about Janitskins health condition.
- I can not comment on which documents that the finnish authorities has or don’t since I am not a representant of that authority, but it is surprising that if they don’t have this information, since Janitskins operation and cytostatic treatment is treated in connection with the handover trial in Andorra and is present in those documents, says Karin Creutz.
Suspect of crude honor offence and crude batting against people group
Crime investigator Harri Saaristola announces that Ilja Janitskin is arrested in Finland for his absence. Janitskin is arrested in Andorra and therefore it is the authorities there who is in charge of his treatment.
Saaristola can not take any stand in any of the circumstances of the arrest. He is not under the finnish authorities responsibility since he is in custody in Andorra.
The reason that Janitskin is arrested is because the finnish authorities has a varenti on him.
Crime investigator Saaristola tells that Janitskin is suspected of crude honor offence and crude batting against people group. The Maximal punishment crude batting against people group is four years. The procuratorate claims that it is warranted to take more forceful actions and keep Janitskin in custody until he has gotten a hearing.
- Certainly there have been violations and carelessness over time, says Ilja Janitskin. Ilja Janitskin Picture: Heidi Finnilä Ilja Janitskin
Karin Creutz does not question the seriousness of the title of crime case, but points again to the precedent of the Lanigan case where the crime was murder. According to the EU:s constitutional rights treaty article 6 and human rights convention article 5 the arrestment must be adapted to the case.
- Janitskin has first been kept in custody in jail and then in house arrest with a ankle monitor in 106 days and will remain there until 19.12 when the following rights action gets done, Creutz explains. If you take his health in mind I have a hard time seeing this as proportional.
Janitskin: fabricated accusations
Ilja Janitskin comments these crimes suspicions as made up accusations, that has come to be, after made up investigations.
- I don’t even want to comment on these crimes that i am accused for doing. Everything is made up and fabricated, says Janitskin.
But don’t you think that there has been a few violations?
- Certainly there has overtime been made violations and carelessness. Both violations and carelessness on purpose, but mostly it has been of carelessness, Janitskin admits and adds that he most certainly has failed something.
I have most certainly made something wrong – Ilja Janitskin
Karin Creutz claims that a problem we have here in Finland is that we don’t have any organisations that focuses on these rights for accused and prosecuted people.
- How these kind of people are treated is a measure of the rights authority, says Creutz. Human rights are no luxury that is given to the right wordy, it consider us all, independent of what the person is representing or what he might be accused for.
According to Creutz there is absolutely no space for discretion since everyone should have the rights to be treated with respect for the human value.
- The problem is that some reference groups easily gets without any representation, especially if the case is debated. This has in some extent been the case of terrorist cases, Creutz explains. The problem is that a unjust treatment creates a wider dissatisfaction in the reference group and can in this way increase the tensions in the society and the political frustration.