Bout’s fate in diplomats’ hands

May 17, 2012

The Voice of Russia on May 17, 2012 released the following:

“The problem of extraditing Viktor Bout to Russia can be solved by diplomats alone, Russia’s interim Justice Minister Alexander Konovalov stated on May 17. According to the US Attorney General, Eric Holder, Washington is ready to consider an extradition application if Russia submits one.

Russia and the US have no bilateral criminal extradition deal, thus, issues of this kind will be solved diplomatically. According to Mr.Konovalov, the transfer can be made only if the US, Russia and Bout himself agree on it.

As for Russia, it is hundred percent in. So, the parties have protracted consultations ahead.

According to Eric Holder, the US will begin to consider the application as soon as Russia makes one. It should be prepared by Russia’s Foreign Ministry, says lawyer Alexei Lunyov

“Russia is represented abroad by the Foreign Ministry and, thus, the latter should submit an extradition application. Whether Bout’s relatives or state officials will ask the Ministry to file an application depends on specific circumstances.”

Experts think that the Bout case is not over yet. Earlier, Bout’s transfer to a super maximum security prison in Florence, Colorado has been postponed. The transfer had been appealed by his lawyer Albert Dayan. If Russia moves futher in this direction, it may count on more victories, says ex -State Duma MP Kira Lukyanova

“It’s obviously the lawyers’ win. I think that further concessions are possible but Russia’s government shouldn’t stop and should ask for mitigating Bout’s imprisonment as he is not a terrorist. A court of appeals has a big say in this situation.”

Russia’s parliament can meet for a special session to discuss the rights of Russian citizens in the US, Member of the Duma Foreign Affairs Committee Andrey Klimov told the VoR.

On April 5, Russian businessman Viktor Bout was sentenced to 25 years in prison for conspiracy to sell weapons to Colombian rebels. He maintains his innocence.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“Daughter of the Nation” Sentenced 86 Years in Prison; Pakistanis Outraged

September 24, 2010

The country’s leaders were quick to show their outrage at the sentence handed down to a Pakistani woman convicted of attacking U.S. agents, as were opposition politicians.

The sentencing of Aafia Siddique to 86 years in an American jail left enemies and political opponents reading from the same script Friday, riding a wave of anger on behalf of a woman widely believed to be an innocent victim of a vengeful, post 9/11 American justice system.

At least 5,000 people attended the largest, and most peaceful, rally in Peshawar, where a mostly male crowd cried anti-American and jihadi slogans. In Karachi, police fired tear gas to disburse rock-throwing protesters trying to march to the U.S. Consulate. At least five people were arrested. In Islamabad, 100 people attempting to reach the U.S. Embassy scuffled with police near a five-star hotel, witnesses said.

The reaction was a reminder of the deep mistrust many Pakistanis have of the United States nine years after the two countries formed an uncomfortable alliance in the wake of the September 11 attacks. While Washington tries to impress on the country it is a long-term partner, many Pakistanis persist on seeing it as a threat.

Siddique, a 38-year-old American-educated neuroscientist, was detained in Afghanistan in 2008 by Afghan authorities. She was convicted of seizing an M4 rifle weapon from one of her U.S. interrogators there and attempting to kill them. She was severely wounded in the incidents.

Siddique and her defense lawyers deny she ever fired a weapon. Her family and supporters say she disappeared along with her three children five years before she turned up in Afghanistan and allege she was either held in a secret jail by American authorities or Pakistan’s spy agency.

U.S. and Pakistani officials have denied that, and there has been little evidence to support their claims. But they have been repeated so often they are taken as the standard version by many of her supporters and much of the media, which has largely rallied in her defense.

The claims of secret detention have resonance because Pakistani security forces have rounded up many terror suspects and handed them over to the United States in the aftermath of 9/11. Under a military ruler at the time, its government has never admitted how many people it arrested at the behest of Washington.

Such is the perceived force of public opinion, Prime Minister Yousuf Raza Gilani and other leading officials have had to stress their efforts over the last three years to try and get her back to Pakistan. The government spent hundreds of thousands of dollars to give her quality legal representation in New York.

There is little the government can do to get bring Siddique home. Islamabad has no agreement with the United States that allows Pakistanis convicted of crimes there to serve part of their sentences at home. A presidential pardon for Siddique looks very unlikely.

Before her arrest in Afghanistan, Siddique had been accused by the U.S. of links to al-Qaida. Prosecutors said they found her carrying notes referencing a “mass casualty attack” on New York City landmarks and a stash of sodium cyanide. But she was only ever tried in relation to the attack on her captors in Afghanistan.

Her loudest supporters have been Pakistan’s Islamist political parties and groups, which have embraced the opportunity to be seen defending a Pakistan Muslim woman as well as accusing the government of collaborating in her arrest and trial. The Pakistani Taliban, which is waging war against the Pakistani government and has killed scores of innocent men, women and children in bombings over the last three years, also spoke out in support of Aafia.

Pakistanis are now calling Siddique, “the daughter of the nation.”

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Arrest in Kosovo; US Extradition Pending

June 22, 2010

Bajram Asllani, 29, a resident of Mitrovica, Kosovo, on Friday was charged in a criminal complaint with providing material support to terrorists and conspiring to murder, kidnap, maim, and injure persons abroad, as well as plotting an attack on a U.S. Marine base in Virginia, according to a report obtained by the Internationational Association of Chiefs of Police’s Terrorism Committee.

Asllani, a/k/a “Bajram Aslani” or “Ebu Hatab,” was arrested earlier on Friday by authorities in Kosovo in connection with a U.S. provisional arrest warrant issued in the Eastern District of North Carolina. The United States intends to seek his extradition from Kosovo to stand trial in Raleigh.

Last July, eight individuals were indicted in the Eastern District of North of Carolina on charges of conspiracy to provide material support to terrorists; conspiracy to murder, kidnap, maim and injure persons abroad; and other violations.

Those charged were Daniel Patrick Boyd, a U.S. citizen and resident of North Carolina; Hysen Sherifi, a native of Kosovo and a U.S. legal permanent resident in North Carolina; Anes Subasic, a naturalized U.S. citizen and resident of North Carolina; Zakariya Boyd, a U.S. citizen and resident of North Carolina; Dylan Boyd, a U.S. citizen and resident of North Carolina; Jude Kenan Mohammad, a U.S. citizen; Mohammad Omar Aly Hassan, a U.S. citizen and resident of North Carolina; and Ziyad Yaghi, a U.S. citizen and resident of North Carolina.

A superseding indictment returned on September 24, 2009, added new charges against Daniel Patrick Boyd, Hysen Sherifi and Zakariya Boyd, alleging, among other things, that Daniel Boyd and Sherifi conspired to murder U.S. military personnel as part of a plot to attack troops at the Marine Corps Base in Quantico, Virginia. The three accused were also charged with possession of weapons in furtherance of a crime of violence and Daniel Boyd was further charged with providing a firearm to a convicted felon.

An April 19, 2010, criminal complaint unsealed on Friday alleges that Asllani was a member of the conspiracy involving the defendants listed above. Specifically, the complaint alleges that Asllani has had repeated communications with the conspirators; solicited money from the conspirators to establish a base of operations in Kosovo for the purpose of waging violent jihad; tasked the conspirators with completing work to further these objectives and accepted funds from the conspirators to help him travel.

Among other things, the complaint alleges that Hysen Sherifi departed from Raleigh for Pristina, Kosovo, on July 30, 2008, to pursue violent jihad. While in Kosovo, Sherifi allegedly formed a relationship with Asllani. According to the complaint, Asllani had been arrested by Kosovar law enforcement in 2007 and been placed on house arrest for a period of time. He was later convicted in absentia by a Serbian court in September 2009 for planning terrorist-related offenses and was sentenced to eight years of confinement.

According to the complaint, Asllani provided Sherifi with videos related to violent jihad for the purposes of translating them so they could be used to recruit others for violent jihad or to motivate those currently involved in violent jihad. Sherifi, did in fact, translate videos provided him by Asllani, the complaint alleges.

The complaint also alleges that Asllani directed Sherifi to collect money for the purpose of later purchasing land and establishing a community in Kosovo, where they could store weapons and ammunition and which they could use as a base of operations for conducting violent jihad in Kosovo and other countries. Sherifi did, in fact, return to the United States on April 5, 2009, and collected money for this purpose, receiving a check for $15,000 in July 2009. Sherifi was arrested on July 27, 2009, before he could take the money back to Asllani in Kosovo.

In addition, the complaint alleges Asllani received money from Sherifi that was sent with the intention of being used by Asllani to obtain travel documents. In addition, the complaint alleges that Daniel Boyd stated his desire to assist Sherifi in his plan to raise money for the mujihadeen in Kosovo.

In accordance with the extradition agreement between the United States and Kosovo, Asllani faces a potential maximum of 40 years in prison if convicted.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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