Alleged Arms Trafficker Appeals to Russia to Prevent Extradition

In a televised statement from a Thai prison, a Russian citizen alleged to be among the world's foremost black market arms dealers has reached out to the Kremlin to help secure his release.^[1]

Arrested March 6, Viktor Bout, who sometimes has been referred to as ''The Merchant of Death,'' was taken into custody in Bangkok as the result of a U.S.-led sting operation.^[2] Following that arrest, he was charged with conspiracy for allegedly attempting to smuggle missiles and other weapons to a U.S.-designated terrorist organization in Columbia.^[3]

Thai police have stated that they will seek approval from the court to extradite Bout to the United States. They said Bout could remain in custody for up to 60 days while the extradition hearings are pending.^[4]

Bout spoke from behind bars in a statement broadcast by Russia Today television, where he rejected what he referred to as ''fabricated American accusations'' and pleaded with Russian authorities to help secure his release.^[5]

''I, Viktor Bout, appeal to the government of the Russian Federation as a citizen. I'm asking you to take measures to free me, because I have been jailed and held under guard under fabricated accusations,'' Bout told Russia Today.^[6]

Facing several counts of ''conspiracy to provide material support to a foreign terrorist organization”, Bout is alleged to have sold and transported weapons, including portable surface-to-air missiles to the Revolutionary Armed Forces of Colombia, or FARC.^[7]

Accused of being one of the world's most wanted arms traffickers, Bout's alleged list of customers since the early 1990s includes African dictators and warlords, including former Liberian President Charles Taylor, Libyan leader Moammar Gadhafi and both sides of the civil war in Angola. In addition, he has been accused of violating several U.N. arms embargoes.^[8]

As stated before in this blog, extradition from Thailand to the United States is conducted on a dual-criminality basis.^[9] 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.^[10] 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.

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] The Associated Press, Alleged Russian Arms Dealer Asks Kremlin to Help Set Him Free, International Herald Tribune, April 9, 2008 (available at International Herald Tribune).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Extradition Treaty, Dec. 14, 1983, art. 2, para. 1, S. Treaty Doc. No. 98-16.
[10] Id.