Peters & Peters have recently successfully acted for two Russian Nationals to defeat extradition requests made by the Russian Federation. The two individuals, both successful businessmen, were sought for a variety of alleged white-collar criminal conduct, as well as, in one case, uttering threats to kill and, in the other, the usurping of power by the use of violence and the use of violence against a public officer.
In both recent cases Senior District Judge Workman at Westminster Magistrates’ Court found that the extradition requests were politically motivated and that the individuals, if extradited, might be prejudiced at their trial or punished, detained or restricted in their personal liberty by reason of their political opinions. It was held, furthermore, that their extradition would be incompatible with their rights under the European Convention on Human Rights.
Expert evidence was given in court to show that political and economic interests had combined to launch an attack on an individual with the connivance of state agencies, and that the Russian judicial system lacked sufficient independence in such cases. In one case, District Judge Workman stated that the prosecution was ‘not brought in good faith and that there is an ulterior motive for the prosecution other than a genuine desire to bring the defendant to justice’.
Anand Doobay, Partner in the Criminal Fraud Practice at Peters & Peters and Michael O’Kane Head of the Criminal Fraud Practice acted, assisted by Associate Jasvinder Nakhwal and Associate Jenny Barker.
Anand Doobay stated that:
“These cases further illustrate the ability of the prosecution system to be misused for political and economic motives. The court has acted to stop what would have been the illegitimate use of the extradition arrangements between the United Kingdom and the Russian Federation to further these improper motives.”