Monday, August 29, 2005

Extradition from Switzerland Update

Several days ago we told you that the United States was attempting to have former Russian nuclear energy minister Yevgeny Adamov extradited to the United States to stand trial for a number of financial fraud charges. Mr. Adamov has now accepted a simplified extradition to Russia,[1] which means that he has waived the right to a formal extradition hearing.[2] Mr. Adamov has consented to having Russian authorities prosecute him for the crimes that he is accused of committing in the United States.[3]

The decision was actually made last week, and the Swiss Federal Ministry of Justice asked US officials whether they would accept the decision.[4] No reply has been given at this time.[5] Until an answer is given, Mr. Adamov will remain in Swiss custody.[6]

If the US decides not to accept the decision, Switzerland will have to continue considering the requests.[7] Under the terms of the treaty, the factors that Swiss judge will consider are the relative seriousness and place of commission of the offenses, when the judge received the extradition requests, the nationality of the person, and the possibility of subsequent extradition to another state.[8]



[1] Russian Ex-nuclear Minister Opts for Extradition Home, Swiss Official Says, Associated Press, Aug. 29, 2005, available here; see also Former Nuclear Minister Adamov Accepts Extradition to Russia, Mosnews.com, Aug. 29, 2005, available here; Russian Ex-nuclear Power Minister Accepts Simplified Extradition Procedure to Russia, RIA Novosti, Aug. 29, 2005, available here.
[2] Extradition Treaty, Nov. 14, 1990, U.S.-Switz., art. 18, S. Treaty Doc. No. 104-9 (1995).
[3] Associated Press, supra note 1.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Treaty, art. 17.