Extradition from Switzerland

Yevgeny Adamov, a former Russian nuclear minister, was arrested in Bern, Switzerland, on May 2, while he was visiting his daughter.^[1] He was arrested on a warrant based on a long-running investigation by the FBI and the Criminal Investigation Division of the IRS.^[2] On May 5, a federal grand jury in Pittsburgh indicted Mr. Adamov and an associate on twenty counts, including transferring stolen money and securities, money laundering, tax evasion, and conspiracy to defraud the United States.^[3]

Mr. Adamov claims that the charges against him are political and stem from his visits to China, India, and Iran to speed up efforts to build Russian nuclear power plants in those countries.^[4] The federal grand jury indictment, however, accuses Mr. Adamov of taking money earmarked for improving Russian nuclear security and diverting it into shell accounts.^[5]

Extradition from Switzerland to the United States is governed by an extradition treaty.^[6] Under the terms of the treaty, each Contracting Party is obligated to extradite persons who have been charged with or convicted of an extraditable offense.^[7] An extraditable offense, in this case, is one which is punishable under the laws of both nations by at least a year in prison,^[8] and one which is not political in nature.^[9] Furthermore, extradition will not be granted if the request appears to be politically motivated.^[10]

The Swiss court is also considering a Russian request for extradition based on concerns that if Mr. Adamov is extradited to the United States, he might divulge nuclear secrets.^[11]

---

[1] Vladimir Isachenkov, Ex-Russian Nuclear Minister Says U.S. Charges Political, Associated Press, Aug. 15, 2005, available here.
[2] Torsten Ove, Pair Indicted in $9 Million Nuclear Fraud, Pittsburgh Post-Gazette, May 6, 2005, available here.
[3] Russian Ex-energy Chief Indicted in Pittsburgh¸Pittsburgh Bus. Times, May 6, 2005, available here [hereinafter Russian].
[4] Isachenkov, supra note 1.
[5] Ove, supra note 2.
[6] Extradition Treaty, Nov. 14, 1990, U.S.-Switz., S. Treaty Doc. No. 104-9 (1995).
[7]Id. art. 1, para. 1.
[8] Id. art. 2, para. 1. Mr. Adamov faces a possible sentence of 60 years in prison. See Russian, supra note 3.
[9] Id. art. 3, para. 1.
[10] Id. This would explain why Mr. Adamov claims that the request and the indictment are politically motivated; if he can convince the Swiss court that this is the case, then he cannot be extradited to the United States.
[11] See Isachenkov, supra note 1.