Extradition from Switzerland—Yevgeny Adamov Update

A Swiss judge has decided to extradite Yevgeny Adamov to the United States to stand trial in Pennsylvania for alleged financial misconduct.^[1] The decision has caused a certain amount of consternation in Russia. The Vice Chairman of the Duma Security Committee in Russia, Viktor Ilyukhin, stated that the “message is this: The U.S. needs Adamov as a source of information. … Parliament believes that the U.S. will be interested in having an ex-Russian minister at its disposal as a source of secret information of great interest for U.S. intelligence services.”^[2] Furthermore, Mr. Ilyukhin opined that the decision to extradite Mr. Adamov might also have been made because “Switzerland does not trust our judiciary system.”^[3]

However, Switzerland’s Office Fédéral de la Justice “concluded that all of the conditions for Adamov’s extradition to the USA had been fulfilled. It rejected only the alleged tax offences as grounds for extradition.”^[4] Under the rule of specialty encapsulated in the extradition treaty between the US and Switzerland, this means that Mr. Adamov cannot be tried on the tax offences^[5] unless he consents.^[6]

The key factor in the decision was that Mr. Adamov would not have been extradited to the United States from Russia if Switzerland had extradited him there first; “[t]his would have resulted in an unacceptable failing of the prosecution process.”^[7] By giving preference to the American request, “the USA would be both willing and able to deport Adamov to Russia once criminal proceedings in the USA had been completed and any custodial sentence served. Such an approach accommodates the right to prosecution of both the USA and Russia and prevents a failing of the prosecution process.”^[8] Furthermore, Switzerland authorized the United States to deport Mr. Adamov to Russia.^[9]

Mr. Adamov recently began a hunger strike, but whether it is related to the extradition procedure is unclear.^[10] Mr. Adamov will have 30 days to file an appeal.^[11]

We have previously discussed Mr. Adamov here.

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[1] Daniel Friedli, Swiss to Extradite Ex-Russia Nuke Minister, Associated Press, Oct. 3, 2005, available here.
[2] U.S. Needs Adamov as Information Source – Duma Depty, Interfax.com, Oct. 3, 2005, available here.
[3] Id.
[4] Office Fédéral de la Justice, Press Release: FoJ Orders Adamov Extradited to USA; US Extradition Request Takes Precedence, Oct. 3, 2005, available here [hereinafter FoJ].
[5] Extradition Treaty, Nov. 14, 1990, U.S.-Switz., art. 16, para. 1, S. Treaty Doc. No. 104-9 (1997).
[6] Id. art. 16, para. 4, sec. (a).
[7] FoJ, supra note 4.
[8] Id.
[9] Id.
[10] Friedli, supra note 1.
[11] Id.