FoJ orders Adamov extradited to USA
US extradition request takes precedence
Press Release, FOJ, 03.10.2005
Bern, 3 October 2005. The Swiss Federal Office of Justice (FoJ) has ordered the extradition to the USA of former Russian atomic energy minister Evgeny Adamov. The FoJ also granted the US extradition request precedence over that of Russia. Adamov has 30 days in which to lodge an appeal with the Federal Supreme Court against the FoJ's extradition ruling.
The US authorities suspect Adamov of having embezzled funds from the USA and other states and used them for his own purposes. He is alleged to have channelled at least USD 9 million – originally destined for the improvement of nuclear safety in Russia – to various companies in the USA in which he held a controlling interest. It is further alleged that these funds were then invested in private projects in the USA, the Ukraine and Russia. Furthermore, Adamov is suspected of having concealed the money from the US tax authorities. The FoJ 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.
With his consent, the FoJ had authorised Adamov's extradition to Russia in a simplified procedure as long ago as the end of August. The circumstances described in the Russian extradition request are not the same as the offences that the US authorities allege Adamov has committed, although both cases essentially concern the unlawful attainment of funds intended to improve nuclear safety in Russia. The offences described are similar in terms of type and gravity.
Prosecution failing
Key factors in the decision as to which extradition request was to be granted precedence were Adamov's citizenship and the chances of his onward extradition. Had priority been given to Russia, Adamov's Russian citizenship would have meant that he could not subsequently have been extradited onward to the USA. This would have resulted in an unacceptable failing of the prosecution process.
Fulfilling both states' right to prosecution
Were preference to be given to the US extradition 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. The FoJ therefore decided that priority should be given to Adamov's extradition to the USA. It has also authorised the USA to deport Adamov to Russia.
