Extradition from Switzerland to the United States—Yevgeny Adamov

Continuing a story we have been following since August 15, the international extradition case of former Russian nuclear minister Yevgeny Adamov has taken a rather unexpected turn. Mr. Adamov, if you recall, is wanted in Pennsylvania for alleged money laundering violations, but he accepted simplified extradition to Russia. However, since he was the subject of competing extradition requests from both the United States and Russia, the Swiss judge hearing the case decided to weigh both requests and, on October 3, determined that Mr. Adamov should be sent to the United States, stating that the US should get to prosecute Mr. Adamov first and then extradite him to Russia to stand trial there.

Today, however, comes news that Mr. Adamov will be extradited to Russia instead.^[1] By the unanimous vote of five judges, the decision by l’Office fédéral de la justice was overturned.^[2] The decision was made based on the timing of the competing extradition requests, the disposition of applicable public international law, the determination of where the “center of gravity” of the alleged crime took place, and Mr. Adamov’s nationality.^[3] Furthermore, the court ruled that the US extradition request was not valid under Swiss law “because the alleged crimes would have been committed by a foreign functionary in a foreign fiscal system.”^[4] Under Swiss law, the court said, “extradition for prosecution in the United States would only be permitted … if it were in tandem with a Russian case, and even then any Russian prosecution would still take priority.”^[5]

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[1] See Yekaterina Andrianova, Switzerland to Extradite Russian Ex-Minister Shortly—Swiss Official, RIA Novosti, Dec. 29, 2005; Russian in US Extradition U-Turn, BBCNews, Dec. 29, 2005; Swiss Federal Court Orders Adamov’s Extradition to Russia, Itar-Tass, Dec. 29, 2005; Atomic Energy Agency Welcomes Adamov Extradition (Part 2), Interfax, Dec. 29, 2005; Ex-Nuke Minister For Extradition, CNN.Com, Dec. 29, 2005; Peter Finn, Swiss Court Extradites Former Nuclear Head Back to Russia, Wash. Post, Dec. 29, 2005.
[2] Tribunal Fédéral, Communiqués de presse: Arrêt Adamov, 1A.288/2005 du 22 décembre 2005; L’ancien minister russe de l’énergie atomique Evgeny Adamov sera extrude vers la Russie, Dec. 29, 2005.
[3] Id; see also Urs-Peter Inderbitzin, Swiss Court Rules Russian Ex-Nuke Minister Sent Home, Not U.S., Associated Press (via Times-Leader), Dec. 29, 2005.
[4] Inderbitzin, supra note 3.
[5] Id.