ADAMOV: SWISS COURT REJECTS U.S. REQUEST: ORDERS

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