Cablegate: Adamov: Swiss Court Rejects U.S. Request: Orders

VZCZCXYZ0011
OO RUEHWEB

DE RUEHSW #2360 3631204
ZNR UUUUU ZZH
O 291204Z DEC 05
FM AMEMBASSY BERN
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1261
INFO RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 0551
RUEHRL/AMEMBASSY BERLIN IMMEDIATE 0624
RUEHVI/AMEMBASSY VIENNA IMMEDIATE 0667
RUEHFR/AMEMBASSY PARIS IMMEDIATE 0515
RUEHRO/AMEMBASSY ROME IMMEDIATE 1206
RUCNFB/FBI WASHDC IMMEDIATE
RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE
RHEBAAA/DEPT OF ENERGY WASHDC IMMEDIATE
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC IMMEDIATE

UNCLAS BERN 002360

SIPDIS

SIPDIS
SENSITIVE

STATE FOR PA, INL, ISP, EUR, CA, L/LEI

E.O. 12958: N/A
TAGS: KCRM CJAN PREL ENRG SZ RU
SUBJECT: ADAMOV: SWISS COURT REJECTS U.S. REQUEST: ORDERS
EXTRADITION TO RUSSIA

REF: A. BERN 1758

B. BERN 1643
C. SECSTATE 173837

1.(U) This is an action request. EUR and PA see para 5.

2.(U) The Swiss Supreme Court has ordered the immediate
extradition of former Russian Minister of Atomic Energy
Evgeny Adamov to the Russian Federation, overruling the Swiss
Federal Council's decision of October 3 to extradite him to
the United States. In its December 22 ruling, disseminated
only today, the Swiss high court in Lausanne cited Adamov's
former status as a cabinet-level official and gave credence
to the alleged willingness of the Russian government to
cooperate with U.S. prosecutors in trying Adamov in Russia
with U.S. evidence. Adamov was indicted in the United States
for diverting $15 million in U.S. international nuclear
security assistance to his own personal use.

3.(SBU) A Swiss Justice Department official told Poloff on
December 29 that the court decision was final. He emphasized
that the Swiss government, including Justice Minister
Blocher, had pushed for extradition to the United States
(refs a & b). There is no further appeal possible. The
extradition could take place as soon as possible, though the
official estimated that early the week of January 2 would be
most likely.

4.(SBU) The official said that Adamov's lawyer had just been
informed of the news and would meet with Adamov later today.
The Swiss Supreme Court issued a press release the morning of
December 29, to be embargoed until the following day noon,
local time. Embassy has already received a request for
comment from Swiss Radio DRS.

5.(U) A translation of the Swiss Supreme Court decision and
press release will follow septel.

Action Request
--------------

6.(SBU) Embassy Bern intends to respond to media inquiries
with the statement below, and then refer more detailed
inquiries to the US Department Justice. Please advise:

Draft press statement:

"While the U.S. government respects the decision of the Swiss
Supreme Court, we are very disappointed with its decision to
extradite Mr. Adamov to Russia. In issuing this judgment,
the court has overruled the earlier decision of the Swiss
Federal Council to extradite Mr. Adamov to the United States.
Mr. Adamov was indicted in the United States for crimes
committed within the United States, including the diversion
for his own personal use of U.S. taxpayer funds that were
intended to assist the Russian government in the improvement
of the safety of Russian nuclear energy facilities.

We refer further questions to the U.S. Department of Justice."

End draft statement.
Willeford

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