Thai court and US request to extradite Viktor Bout: Legal dispute arises

[Richard Barrow]

Thai court rejects US request to extradite Russian
By MICHAEL CASEY Associated Press Writer
mercurynews.com
Posted: 08/11/2009 02:32:20 AM PDT

BANGKOK—A Thai court Tuesday rejected a U.S. request to extradite an alleged Russian arms smuggler dubbed the "Merchant of Death," dealing a setback to American efforts to try him on charges of plotting to supply arms to Colombian rebels.

Viktor Bout, 42, was arrested in March 2008 at a luxury hotel in Bangkok as part of an elaborate sting in which U.S. agents posed as arms buyers for the Revolutionary Armed Forces of Colombia, or FARC, which Washington classifies as a terrorist organization. He is being held in a Bangkok prison.

"We will not extradite him to the United States," said Judge Chittakorn Pattanasiri. He said Thai prosecutors have 72 hours to indicate whether they will appeal the ruling, and, if not, Bout will be set free.

If an appeal is filed, Bout will be held pending further proceedings.

Bout has been linked to some of the world's most notorious conflicts, allegedly supplying arms to former Liberian dictator Charles Taylor and Libyan leader Moammar Gadhafi. He has repeatedly denied the accusations.

The U.S. is seeking Bout's extradition on charges he conspired to sell millions of dollars worth of weapons to FARC, including more than 700 surface-to-air missiles, thousands of guns, high-tech helicopters and airplanes outfitted with grenade launchers and missiles. He has been indicted on four terrorism-related charges in New York and could face life in jail if convicted.

Dressed in an orange prison uniform and wearing leg shackles, Bout told reporters shortly before the court session that he was looking forward to a normal life if he is freed but had "no expectations."

His wife Alla told the Russian news agency ITAR-Tass on Monday that she was hopeful her husband would be released, saying prosecutors had offered no evidence of his guilt.

"If the court is impartial and turns an attentive ear to the defense, there will be no extradition," she said. "If the U.S. request is sustained, we shall file an appeal."

Hearings on his extradition began in June 2008 and have been delayed by absent witnesses and sick defense attorneys.

Bout claimed in court that he ran a legitimate air cargo business and was in Bangkok to discuss selling airplanes to Thai businessmen.

Bout, a beefy, former Soviet air force officer, has denied any involvement in illicit activities and has never been tried, although he has been the subject of U.N. sanctions, a Belgian money-laundering indictment and an assets freeze by the U.S.

His nickname the "Merchant of Death" came from a former British minister of state, Peter Hain, who was concerned about Bout allegedly ferrying weapons around Africa, and the name was adopted for the title of a 2007 book about the Russian by two U.S. journalists.

Bout had called the Thai hearing "theater." He said he was the victim of an American frame-up and that the United States had pressured the Thais to rule in their favor. American lawmakers in turn have accused Russia of trying to derail the hearing so that Bout can return home.

In the court's final hearing in May, a Thai Foreign Ministry official concluded the extradition request met the conditions of the Thai-American extradition treaty.

[Richard Barrow]

Thailand to seek Bout's extradition
aljazeera.net

Thai prosecutors will appeal against a court decision rejecting a US request to extradite a Russian-born alleged arms dealer detained in the capital Bangkok.

Victor Bout, who has been called the Merchant of Death, has been fighting extradition since his March 2008 arrest accused of agreeing to supply missiles to Colombian rebels.

On Tuesday, a Bangkok court said that it did not have the authority to order the extradition of the 42-year-old because the Revolutionary Armed Forces of Colombia (Farc) was not listed as a terrorist group in Thailand.

But according to Sirisak Tiyapan, executive director of international affairs at the
Thai foreign office, the country's state prosecutor formally told the court on
Thursday that he would lodge an appeal against the ruling.

"The prosecutor has told the court that he intends to appeal against the decision. We are in the process of seeking the official ruling," Sirisak told AFP news agency.

Sirisak also said that the prosecutor has 30 days in which to actually lodge the appeal, during which time Bout would remain in prison.

The court had given the government until Friday to say whether it would
appeal.

'Disappointed and mystified'

News of the appeal came after the US said it was "disappointed and mystified" by the court's decision to reject Bout's extradition and hoped that the Thai government would appeal against the decision.

Bout a former Soviet air force officer, was arrested in a sting at a five-star hotel in the Thai capital after allegedly agreeing to supply surface-to-air missiles to US agents posing as rebels from Farc.

He had faced life in prison if sent to the US and convicted there on terrorism charges, including conspiracy to kill US officers or employees and conspiracy to acquire and use an anti-aircraft missile.

He denies the charges and insists that he ran a legitimate air cargo business.

[Khun Don]

Court grants extradition of 'Merchant of Death'
Published: 20/08/2010 at 12:30 PM
Online news: World

The Appeal Court on Friday granted a request by the United States to extradite Viktor Bout, the Russian alleged arms dealer dubbed the "Merchant of Death", on terrorism charges.

Mr Bout, said to have inspired the Hollywood film "Lord of War" starring Nicolas Cage, has been fighting extradition since his March 2008 arrest in Bangkok in a sting operation involving US agents.

He faces life in prison if convicted in the United States on terrorism charges, including conspiracy to kill US officers or employees and conspiracy to acquire and use an anti-aircraft missile.

His young daughter -- who attended the hearing accompanied by his wife -- broke down in tears after the court delivered its ruling.

"The court has decided to detain him for extradition to the US," judge Jitakorn Patanasiri said, overturning a ruling last year by a lower court which had refused to send him to the United States.

"This case is not political, it is a criminal matter," the judge said.

The Russian refused to talk to journalists as he was led out of court shackled at his wrists and ankles.

The United States had pressed Thailand to hand over Bout.

More: http://www.bangkokpost.com/news/worl...chant-of-death

[paul_au]

Well it works both ways, I don't think Thailand could extradite an American citizen, unless they have an agreement.

[Khun Don]

US swoops to grab Bout
Extradition today, but fresh legal row erupts

Published: 25/08/2010 at 12:00 AM
Newspaper section: News

The extradition of Viktor Bout has become embroiled in a new and potentially bitter legal controversy just hours before the alleged Russian arms dealer is scheduled to be handed over to US authorities under tight security at the Don Muang air force base.


A US jet waits at the Don Muang air force base to fly alleged Russian arms dealer Viktor Bout to the US today to face terrorism charges. Mr Bout is scheduled to be taken to the base this morning to be handed over to US authorities. SURAPOL PROMSAKA NA SAKOLNAKORN.

His sudden extradition this morning has caught many Thai authorities by surprise as it was expected to be some time before he could be removed to US custody.It is not known who orchestrated the rapid extradition of Mr Bout.

The Office of the Attorney-General, upon hearing of his rapid extradition, yesterday tried to block the handover to the US authorities, who have sent a special jet and security personnel to Thailand to collect the Russian.

In a letter to government agencies, which it refused to name, the OAG says Mr Bout is facing fresh charges which require new extradition proceedings, and legally he cannot leave the country until the charges are heard and completed or are dropped.

Meanwhile, the Corrections Department said it could not hand Mr Bout over to the police until the new charges are dropped, leaving the whole issue in a legal tangle.

Sirisak Tiyaphan, director for international affairs at the OAG, said the office sent a letter to all agencies concerned that the extradition could not go ahead as Mr Bout was required to appear before the Criminal Court on Oct 4 on the first hearing of new money laundering and fraud charges, requested by US authorities.

That meant Mr Bout could not be allowed to leave the country until the new charges were dropped.

Any agency which decided to release him before the court hearing would have to take responsibility for violating the court's legal procedures, he warned.

Mr Sirisak was speaking as information was released that Mr Bout would be handed over under tight security to US authorities at the air force facility in Don Muang this morning.

Acting Crime Suppression Division chief Supisarn Bhakdinarinath said the air force had informed the CSD that US authorities would be on hand to collect Mr Bout at the airport and would use their own jet to fly him to the US.

The US jet arrived at the airport at about 3pm yesterday, the CSD acting chief said.

Pol Col Supisarn said Mr Bout would be transported in a high security vehicle from the Bang Kwang maximum security prison accompanied by about 50 armed commandos travelling in a convoy of cars.

Security would be tight along the route, Pol Col Supisarn said. He refused to reveal any details of when Mr Bout would be moved from the prison and which route would be used to get him to the airport.

"I can't disclose the exact details of the time and the route. It is top secret," he said.

More: http://www.bangkokpost.com/news/loca...s-to-grab-bout

[Khun Don]

Extradition of Viktor Bout delayed
Published: 25/08/2010 at 02:56 PM
Online news: Local News

The extradition of Russian arms dealer Viktor Bout to the United States has been delayed because of legal complications, Prime Minister Abhisit Vejjajiva said on Wednesday.

"It is not today. There are several steps in the legal process," Mr Abhisit told reporters.

Police said on Tuesday that Mr Bout, who faces terrorism charges in the US, would be escorted from jail on Wednesday to the Don Muang airport, where US authorities have a private jet on standby to fly him out.

But the Office of the Attorney General informed all agencies involved that Mr Bout is facing fresh charges of money laundering and fraud, filed at the request of US authorities. And these require new extradition proceedings.

Therefore, Mr Bout could not be extradited until the new charges are heard and completed, or are dropped.

More: http://www.bangkokpost.com/news/loca...dition-delayed

[Khun Don]

Sirichoke admits to seeing Bout
Published: 25/08/2010 at 12:45 PM
Online news: Politics

Sirichoke Sopha, a Democrat Party MP for Songkhla and close aide to Prime Minister Abhisit Vejjajiva, on Wednesday admitted having visited Viktor Bout at the Bangkok Remand Prison, but denied he tried to persuade the Russian to implicate former prime minister Thaksin Shinawatra in arms dealing.

Mr Sirichoke was responding to an allegation made in the House of Representatives during the 2011 Budget Bill debate on Tuesday by Puea Thai MP Jatuporn Prompan.

Mr Jatuporn said Mr Sirichoke went to see Mr Bout, who is to be extradited to the United States on the order of the Appeal Court, at the Bangkok Remand Prison in violation of the prison's regulations and tried to talk Mr Bout into implicating Thaksin in the arms trade, but Mr Bout refused. This resulted in his now facing extradition, he claimed.

Mr Sirichoke said that in going to see Mr Bout he was performing the duty of an MP with proper permission from the Corrections Department to find out if the Russian arms dealer was involved in the transport of a large quantity of weapons on a plane that made a stopover at Don Mueang airport in December last year. The crew were arrested and later deported.

More: http://www.bangkokpost.com/news/loca...to-seeing-bout

[Khun Don]

US asks Thailand to drop Bout charges to hasten extradition
Published: 26/08/2010 at 12:00 AM
Newspaper section: News

The Foreign Affairs Ministry has received an official request from the US to withdraw money laundering and fraud charges against Russian arms dealer Viktor Bout.

174665.jpg
Armed Corrections Department officers guard the entrance to Bang Kwang maximum security prison in Nonthaburi. Security has been stepped up at the prison where alleged Russian arms dealer Viktor Bout is being detained pending his extradition to the US. TAWATCHAI KEMGUMNERD

Deputy Foreign Ministry spokesman Thani Thongphakdi said the request was sent on Monday to the ministry. It would pass it on to the Office of the Attorney-General (OAG).

US officials made the request to speed up the extradition of Mr Bout to the US to face terrorism charges after the Appeal Court on Friday overturned a Criminal Court decision that there were no grounds to support his extradition.

Public prosecutors filed the money laundering and fraud charges against Mr Bout on Friday on behalf of the US after Washington announced the new charges in February.

Mr Bout will have to stay in Thailand if the new charges are not dropped as the court has set Oct 4 for a first hearing.

More: http://www.bangkokpost.com/news/loca...en-extradition

[Khun Don]

Why the US really wants Bout
By Bertil Lintner

BANGKOK - While Bangkok-based observers weigh the legal merits of extraditing alleged Russian gunrunner Viktor Bout to the United States, a far more important issue seems to have eluded the media: why is Washington so eager to get its hands on Bout and why is Moscow doing everything in its power to prevent that from happening?

Bout was caught in a sting operation in Bangkok in March 2008 when US Drug Enforcement Administration (DEA) agents, posing as representatives of the Colombian narco-rebel movement Fuerzas Armadas Revolucionarias de Colombia (FARC), claimed that they wanted to buy a large consignment of weapons from him.

Notably there had been no other reports of Bout's alleged involvement in the international arms trade since he reportedly flew weapons from a base in the Middle East to virtually every conflict zone in Africa during the 1990s and early 2000s. Russia claims that he is innocent of the charges, insisting that he is just an ordinary businessman.

Underscoring that official claim, Vladimir Kozin, deputy director of the information and press department at Russia's Foreign Ministry, wrote in the Moscow Times on August 26 that Washington's attempts to extradite Bout "may inevitably affect Russian-US relations to the detriment of the US effort to 'reset' them".

So why then all the geopolitical fuss over Bout? One plausible answer was ventured in another recent Moscow Times opinion piece by Yulia Latynina, host of a political talk show on Russia's Ekho Moskvy radio station. She pointed out that Bout served in Mozambique in the 1980s, along with a man named Igor Sechin, who today serves as Russia's deputy prime minister and who is widely considered the second-most-important person in that country after Prime Minister Vladimir Putin. The op-ed article was headlined "Bout, Sechin and a Political Firestorm".

According to a court statement by DEA special agent Robert Zachariasiewicz, undercover agents in Bangkok were told that Bout had 100 Russian-made Igla surface-to-air missiles available immediately. The DEA agents had advised Bout that they needed anti-aircraft weapons to kill American pilots on anti-drug missions in Colombia.

More: http://www.atimes.com/atimes/Southea.../LH31Ae02.html