“Is Edward Snowden stateless and where can he go?”

July 2, 2013

The Guardian on July 2, 2013 released the following:

“Even if another state grants Snowden asylum and issues him with a letter of passage, Russia would have to agree to accept it

A Guardian guide to extradition – interactive

Owen Bowcott, legal affairs correspondent

Is Edward Snowden stateless?

The US whistleblower has accused Washington of revoking his passport, leaving him a stateless person. The Obama administration, however, insists it has only cancelled the validity of Snowden’s travel document, not deprived him of citizenship. The US State Department has now offered him a “one-entry travel document” to return home – an option unlikely to tempt Snowden to board a US-bound plane.

Can he be rendered stateless?

Making anybody stateless is formally forbidden by the universal declaration of human rights, adopted by the United Nations in 1948. , which declares under article 15 that: “(1) Everyone has the right to a nationality; (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” Individuals can voluntarily renounce their US citizenship – but they have to turn up in person at a US embassy.

Are airports outside national territory?

States normally retain full control over airside transit areas. Russia appears to be treating Moscow’s Sheremetyevo international airport, where Snowden is believed to be hiding, as beyond its control. Gemma Lindfield, a London barrister specialising in extradition and international law, said: “Russia is taking the view that he has not entered Russian territory. It’s finding a reason to do what it wants. The authorities have redefined the space of the airport as international.”

What documents would Snowden require to leave Moscow?

Ecuador initially provided him with a laissez-passer (from the French for “let pass”), or temporary letter of passage, requesting a country to allow a person without other identity documents to cross international borders. But even with a laissez-passer, Lindfield said, “Russia would have to agree to accept it. It would also come down to whether the airline carrier would be happy to take him.”

How long can anyone remain in an airport?

Mehran Karimi Nasseri, an Iranian refugee, lived in the departure lounge of Charles de Gaulle airport in Paris for 18 years. His story, Terminal Man, was later turned into a film, The Terminal. Another Iranian refugee, Zahra Kamalfar, spent 10 months at Sheremetyevo airport before flying on to Canada in 2007. Apart from Julian Assange, who is confined to Ecuador’s embassy in London, others trapped in long-term legal limbo have included Archbishop József Mindszenty, the Catholic primate of Hungary, who spent 15 years in the US embassy in Budapest.

What are Snowden’s other options?

Formal requests for asylum have been lodged on Snowden’s behalf with 21 states. His initial applications were to Ecuador and Iceland. The WikiLeaks activist Sarah Harrison has submitted additional letters to Austria, Bolivia, Brazil, China, Cuba, Finland, France, Germany, India, Italy, Ireland, the Netherlands, Nicaragua, Norway, Poland, Russia, Spain, Switzerland and Venezuela.

How are those requests progressing?

Snowden has withdrawn his asylum request to Russia because it said he would be welcome only if he stopped “his work aimed at bringing harm” to the US. Norway, Poland, Germany, Austria, Finland, Spain and Switzerland say that asylum requests can only be made on their soil. Ecuador is reported to have revoked the safe passage letter written for Snowden to leave Hong Kong because the president, Rafael Correa, was not informed before it was issued.

Which country should he choose to escape the reach of US justice?

States that do not have extradition treaties with the US are likely to offer the best hope of securing his freedom. But lawyers point out that even the absence of a treaty may not be sufficient protection against extradition. The UK has managed to extradite suspects from Somalia through case-by-case bilateral agreements. In the end his asylum may come down to political will more than international law. “You would do well to choose a country that has historically terrible diplomatic relations with the US,” Lindfield suggested.”

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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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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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Douglas McNabb Appeared on the Steve Malzberg Show to Discuss Further Developments Regarding Edward Snowden’s Extradition Case – 7/2/2013

July 2, 2013

Douglas McNabb appeared on the Steve Malzberg show on July 2, 2013, to discuss further developments regarding the Edward Snowden extradition case, Russia, and Mr. Snowden’s asylum requests.

The video may be found here: Douglas McNabb, International Attorney & Senior Principal at McNabb Associates.

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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

————————————————————–

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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


Edward Snowden Asylum – 21 States – As of 1:30 pm ET

July 2, 2013

Edward Joseph Snowden asylum responses and our extradition treaties with those States:

  1. Austria – Snowden must be on Austria’s soil in order to complete the request
    Extradition:Austria Extradition Treaty with the United States
  2. Bolivia – Possibly might grant asylum
    Extradition:Bolivia Extradition Treaty with the United States
  3. Brazil – Snowden has been denied asylum
    Extradition:Brazil Extradition Treaty with the United States
  4. China – No response reported as of this posting
    Extradition with Hong Kong: China (Hong Kong) Extradition Treaty with the United States
  5. Cuba – No response reported as of this posting
    Extradition:Cuba Extradition Treaty with the United States
  6. Ecuador – Snowden must be on Ecuador’s soil in order to complete the request
    Extradition:Ecuador Extradition Treaty with the United States
  7. Finland – Snowden must be on Findland’s soil in order to complete the request
    Extradition:Finland Extradition Treaty with the United States
  8. France – No response reported as of this posting
    Extradition:France Extradition Treaty with the United States
  9. Germany – No response reported as of this posting
    Extradition:Germany Extradition Treaty with the United States
  10. Iceland – Snowden must be on Iceland’s soil in order to complete the request
    Extradition:Iceland (Denmark) Extradition Treaty with the United States
  11. India – Snowden’s asylum request has been denied
    Extradition:India Extradition Treaty with the United States
  12. Ireland – Snowden must be on Ireland’s soil in order to complete the request
    Extradition:Ireland Extradition Treaty with the United States
  13. Italy – Snowden’s asylum request has been denied
    Extradition:Italy Extradition Treaty with the United States
  14. Netherlands – No response reported as of this posting
    Extradition:Netherlands, Netherlands Antilles, and Aruba Extradition Treaty with the United States
  15. Nicaragua – No response reported as of this posting
    Extradition:Nicaragua Extradition Treaty with the United States
  16. Norway – Snowden must be on Norway’s soil in order to complete the request
    Extradition:Norway Extradition Treaty with the United States
  17. Poland – Snowden’s asylum request has been denied
    Extradition:Poland Extradition Treaty with the United States
  18. Russia – Snowden has withdrawn his asylum request
    No Extradition Treaty
  19. Spain – Snowden must be on Spain’s soil in order to complete the request
    Spain Extradition Treaty with the United States
  20. Switzerland – No response reported as of this posting
    Extradition:Switzerland Extradition Treaty with the United States
  21. Venezuela – Possibly might grant asylum
    Extradition:Venezuela Extradition Treaty with the United States

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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

————————————————————–

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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email: