Viktor Bout Arrested in Thailand, U.S. Seeks Extradition

Viktor Bout, an accused Russian arms dealer, will remain in Thailand pending investigation into whether he should be tried in that country for alleged arms dealing operations, despite efforts by the United States to extradite to him to America.^[1]

Bout was arrested on charges of procuring weapons for terrorists, according to Thailand police. Thailand Police also contend that Bout was planning to use that country to negotiate arms deals. According to sources, the arrest warrant for Bout was issued at the request of the U.S. Drug Enforcement Administration.^[2]

The DEA regional director, Thomas Pasquarello, stated that the U.S. does intend to extradite Bout. However, he continued that the two countries must come to terms on the timing of Bout’s extradition.^[3]

Accused by some as being amongst the world's most wanted arms traffickers, Bout's list of alleged customers in Africa includes former dictator Charles Taylor of Liberia, the Libyan leader Moammar Gadhafi, the late dictator Mobutu Sese Seko of Zaire, now known as Congo, and both sides of the civil war in Angola.^[4]

In addition, U.S. federal authorities in New York recently unsealed a criminal complaint alleging that Bout conspired to sell millions of dollars worth of weapons going to the Revolutionary Armed Forces of Colombia.^[5]

According to that complaint, Bout's arrest was the result of a sting operation over several months in which DEA agents posing as FARC rebels negotiated with Bout for the purchase and delivery of millions of dollars of armaments and surface-to-air missiles.^[6]

Bout has been investigated by police in the past, but has never faced prosecution for arms dealing.^[7]

U.S. President George W. Bush has previously issued an executive order freezing the assets of Bout and several of his alleged associates and warlords in Congo.^[8] The individuals subject to the executive order were accused of violating a ban on sales of military equipment to Congo. Bout had been under similar sanctions since 2004.^[9]

Extradition from Thailand to the United States is conducted on a dual-criminality basis.^[10] The dual criminality principle states that an offense must be a crime in both the requesting as well as the requested country for extradition to take place.^[11] According to the criminal complaint filed against Bout, he is being charged under 18 U.S.C. 2339B for conspiracy to provide material support to a foreign terrorist organization. Thus, it must be shown that a similar offense exists in Thailand.

Interestingly, the Thailand police are reported to have issued the arrest warrant for Bout at the request of the U.S. DEA. However, the mutual legal assistance treaty between Thailand and the United States does not obligate either country to issue arrest warrants at the other’s request.^[12] That treaty mainly provides for cooperation in matters dealing with the investigation and location of individuals accused of crimes and the procurement of evidence against those individuals.^[13] Thus, Thailand was under no obligation to issue the arrest warrant. Whether this indicates that Thailand wishes to try Bout in that country or whether they were simply cooperating with U.S. authorities remains to be seen.

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] Grant Peck, Thais May Charge Reputed Arms Dealer, Associated Press, March 7, 2008 (available at news.yahoo.com).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Extradition Treaty, Dec. 14, 1983, art. 2, para. 1, S. Treaty Doc. No. 98-16.
[11] Id.
[12] Treaty with Thailand on Mutual Assistance in Criminal Matters, March 19, 1986, art. 1, para. 6, Treaty Doc. 100-18.
[13] Treaty with Thailand on Mutual Assistance in Criminal Matters, March 19, 1986, Treaty Doc. 100-18.