DPR fighter from Brazil now lives in a monastery in Kyiv
Rafael Lusvarghi, the Brazilian national who was convicted of participating in the illegal, separatist organization DPR was released and now lives in the Holy Protection Holosiivsky Monastery of the Ukrainian Orthodox Church. A Donbas.Realii journalist met with the former separatist fighter there. Lusvarghi initially tried to deny who he was but later agreed to talk.
According to the former separatist fighter, he first became interested in Orthodoxy when he was in custody in the Kyiv detention facility. Now he is seriously thinking about becoming a monk.
A representative of the monastery who called himself father Samson said that he was responsible for Lusvarghi staying there. He confirmed that they knew about the accusations against the Brazilian but assured the journalist that Lusvarghi has documents confirming the legality of his non-incarceration.
It turned out that the measure of restraint for Lusvarghi was in fact changed. At the end of the year, the Brazilian was released under personal cognizance. He could not leave Kyiv, he must inform the court about changing his place of residence, and he must also appear in court on demand.
According to the prosecutor Ihor Vovk, Lusvarghi was released from the pre-trial detention center in connection with the prisoner exchange but that exchange never took place. Even so, the former separatist fighter did not return behind bars.
"Moreover, when in mid-February the validity of his restraint measure ended, a new one for him was not chosen. Thus… a year after being sentenced to 13 years of imprisonment for creating a terrorist organization, he was given complete freedom of movement in Ukraine," said Lusvarghi’s lawyer, Valentin Rybin.
Lusvarghi himself confirmed that he could freely move around Kyiv. "I was in the Red Cross two or three days ago. My spiritual father allowed me to go.... Two days ago, I was taking a walk around Kyiv." Lusvarghi does not mind returning to the territory controlled by the separatists, though he admits that most of all he would like to return to Brazil.
But despite his freedom of movement around Ukraine, the Brazilian cannot leave the country. After the end of the preventive measure, he did not get his passport back. "Back when I was released, my embassy did not know what to do. Technically, I can get all the documents. And technically I can go where I want. But the Ukrainian state does not respond to my embassy: can I get my passport back or not? Can I go or not?" Lusvarghi said.
Prosecutor Ihor Vovk found it difficult to explain why Lusvarghi remains without documents despite the fact that no measure of restraint has been applied to him. Meanwhile, the Brazilian’s measure of freedom in Ukraine will last at least until the next court session, which is scheduled for June 6, the news outlet writes.
Lusvarghi was sentenced to 13 years in prison in January 2017 but in August 2017, the verdict was overturned and a new trial was scheduled. One of the reasons is a violation of jurisdiction. The case of Lusvarghi should have been considered not by the Pechersky court of Kyiv, but the Pavlograd district court of the Dnipropetrovsk region.
After the verdict was cancelled, the Brazilian was not released. His detention was extended and Lusvarghi remained in custody in the Kyiv remand prison.