USDOJ AND ARMENIAN OFFICIALS DISCUSS EXTRADITION AND MUTUAL

UNCLAS SECTION 01 OF 02 YEREVAN 000845

SENSITIVE

SIPDIS

STATE FOR INL/AAE Judith Campbell, L/LEI Jennifer Landsidle
DOJ/OPDAT for Carl Alexandre and DOJ/OPDAT,
Catherine Newcombe, DOJ/OIA Tom Burrows, DOJ/OIA Andrea Tisi, and
DOJ/USDOJ, and DOJ/CRM/DAAG Bruce Swartz

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KDEM KJUS AM
SUBJECT: USDOJ AND ARMENIAN OFFICIALS DISCUSS EXTRADITION AND MUTUAL
LEGAL ASSISTANCE

YEREVAN 00000845 001.3 OF 002


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SUMMARY
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1. (SBU) Officials of the U.S. Department of Justice / Office of
International Affairs (OIA) and Office of Overseas Prosecutorial
Development, Assistance and Training (OPDAT) met with high-level
GOAM officials to recognize the extensive informal cooperation in
criminal matters between the U.S. and Armenia, but nonetheless to
discuss extradition issues and difficulties in transferring
prosecution from the United States to Armenia. Armenia and the
United States do not have a bilateral extradition treaty; the
Armenian Criminal Code prohibits citizens of Armenia from being sent
to a foreign state for prosecution, although the Constitution of
Armenia would allow it should there be authorization in a treaty.
There seems little will among Armenian officials to amend their laws
to allow for extradition of Armenian citizens to the United States,
a prerequisite to consideration of negotiation of a bilateral
extradition treaty. Armenian law enforcement continues to work
closely and effectively with their American counterparts on sharing
information and obtaining evidence, even without a bilateral mutual
legal assistance treaty between the two countries. END SUMMARY.

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LITTLE POLITICAL WILL FOR EXTRADITION
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2. (SBU) Andrea Tisi of the US Department of Justice Office of
International Affairs (USDOJ/ OIA) and RLA met in Yerevan with the
Prosecutor General of Armenia, the Deputy Minister of Justice, the
Head of the Armenian Police, and officials of the Armenian Foreign
Ministry from November 30 to December 3, 2009. In their meetings the
USDOJ officials explored the willingness of Armenian officials to
change their Criminal Code to allow for extradition of Armenian
citizens to the United States for prosecution. Armenia and the
United States have no bilateral extradition treaty; under the
Armenian Criminal Code, Article 16, Armenian citizens may not be
extradited for crimes committed in other states. The Constitution
of Armenia would allow such extradition were there an international
treaty superseding the Criminal Code prohibition.


3. (SBU) GOAM officials appeared divided, at best, regarding a
willingness to change local laws or otherwise push for a treaty to
override those laws. The Prosecutor General clearly recognized the
need for an extradition treaty, being interested in seeking the
extradition of U.S. citizens and lawful permanent residents from the
U.S. to face trial in Armenia. Nonetheless, the Prosecutor General
was more comfortable with U.S. authorities transferring evidence to
Armenia in order for Armenian officials to prosecute, should an
Armenian citizen commit a crime in the United States and then flee
back to Armenia. MFA officials expressed a desire to explore the
possibility of an extradition treaty, with the understanding that
there would have to be a change to the Criminal Code of Armenia and
real political will to extradite nationals. In sum, there is no real
possibility for a bilateral extradition treaty with Armenia without
a change in the Armenian preference for protecting their citizens
from foreign prosecution.

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AD HOC COOPERATION ABOUNDS IN THE ABSENCE OF A MUTUAL LEGAL
ASSISTANCE TREATY - WITH SOME GLITCHES
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4. (SBU) Cooperation between US and Armenian law enforcement is
good, even in the absence of a formal mutual legal assistance
treaty. Nonetheless, Armenian law enforcement has been frustrated
in a few instances by the failure of U.S. law enforcement to respond
to GOAM requests for evidence in criminal cases in which the
Armenians have arrested an Armenian national, or in one instance an
Iranian national on drug charges, at the behest of U.S. officials or
an Interpol Red Notice. Often this failure to respond may be due to
communication difficulties, failure to obtain Armenian translations
of evidence gathered in the United States, or other issues. OIA
offered to assist the Armenian authorities in facilitating
communication so that U.S. prosecutors can make decisions about
whether to transfer prosecution to Armenia, and if they decide to,
how to share evidence with Armenian authorities.


5. (SBU) At the moment, Armenia is obliged to arrest people based on
an Interpol Red Notice. Thereafter, Armenian officials seek the
U.S. evidence underlying the charge in order to proceed with the
prosecution in Armenia. U.S. authorities may not want to transfer

YEREVAN 00000845 002.3 OF 002


prosecution, but instead may want to wait and see whether the
fugitive turns up in another country with which the United States
does have an extradition treaty. Currently, communication is ad
hoc, and often Armenia does not hear back from individual local
prosecutors about transfer of prosecution. To smooth out these
more-than-occasional difficulties, the OIA official met with her
counterparts in the Prosecutor General's Office to establish clear
lines of communication, thereby promoting full understanding on
future law enforcement cooperation. The OIA official also conducted
a training session, at OPDAT's request and with INL support, for
police and prosecutors on U.S. extradition and deportation practices
and on how to best obtain evidence from the U.S.

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COMMENT
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6. (SBU) One of the purposes of OIA's trip to Armenia was to
determine whether a more formalized, regularized structure of law
enforcement cooperation would be feasible and/or desirable. Given
that extradition of nationals does not seem a possibility in the
near future, cooperation on a case-by-case basis, which has been
good, seems the most productive means to advance U.S. interests. END
COMMENT.

YOVANOVITCH