Russian Arms Dealer Viktor Bout Back In Thai Court

[webfact]

'Merchant of Death' back in Thai court

by Thanaporn Promyamyai

BANGKOK (AFP) -- Alleged Russian arms dealer Viktor Bout, the so-called "Merchant of Death", arrived at a Thai court wearing a bullet-proof vest Monday as he fights a long-running US extradition attempt.

Guarded by a team of police commandos, Bout was taken from a high-security Bangkok prison to the Criminal Court for a hearing that could finally clear the way for his handover to the United States on terrorism charges.

Asked by reporters at the court whether he thought he would receive a fair trial in the US, the 43-year-old former Soviet air force pilot replied: "No. Of course not."

Bout was expected to be flown out in August on the order of a Thai appeals court, but the process -- which has placed Thailand in a delicate position between the United States and Russia -- faced a last-minute hold-up.

New charges of money-laundering and fraud -- introduced by US prosecutors earlier this year in an apparent attempt to bolster the extradition case -- have to be dealt with before he can be expelled from Thailand.

Thai prosecutors said ahead of the hearing they believed the court would allow the charges to be dropped, theoretically clearing the way for Bout to be handed over to a frustrated Washington.

"To my understanding, it is likely that the court will allow the second charges to be withdrawn, there is no obstacle," said Sirisak Tiyapan, director of International Affairs at the Attorney General's Office.

The speed of any extradition after that would depend on the readiness of other state agencies, he added.

In another twist to the saga, Bout's lawyer has objected to the moves to drop the new charges, in an apparent effort to further stall the process.

The final decision on whether to hand over Bout could rest with Thai Prime Minister Abhisit Vejjajiva.

"In accordance with the law, ultimately the executive has the power to decide, but I would rather wait for the court ruling," Abhisit told reporters last week.

The case of Bout -- who was said to have inspired the Hollywood film "Lord of War" starring Nicolas Cage -- has forced Thailand into a diplomatic balancing act.

The United States has traditionally been a close ally of the kingdom but Bangkok has also stressed it wants to maintain warm ties with Russia, an important trading partner.

A furious Moscow previously said the extradition attempt was politically motivated, vowing "to do everything necessary" to bring Bout home.

He faces a maximum sentence of life in prison if convicted in the United States on charges including conspiracy to kill US nationals and to provide material support or resources to a foreign terrorist organisation.

The Russian, thought to speak six languages and go by at least seven different aliases, has been fighting extradition since his March 2008 arrest after a sting operation in Bangkok.

He allegedly agreed to supply millions of dollars of weapons to undercover US agents in Thailand posing as rebels from Colombia's Marxist FARC group, which Washington considers a terrorist organisation.

A US indictment accuses Bout of using a fleet of cargo planes to transport weapons and military equipment to parts of the world including Africa, South America and the Middle East.

It alleges that the arms he has sold or brokered have fuelled conflicts and supported regimes in Afghanistan, Angola, the Democratic Republic of Congo, Liberia, Rwanda, Sierra Leone and Sudan.

A Thai criminal court had ruled last year that it did not have the authority to extradite Bout because FARC was not listed as a terrorist group in Thailand -- a decision overturned by the appeals court in August.

The nickname "Merchant of Death" was coined by a former British foreign office minister and also used for a 2007 book on Bout's alleged activities.

-- (c) Copyright AFP 2010-10-04

[webfact]

Viktor Bout arrives at Thai Court for ruling on his extradition

BANGKOK, Oct 4 -- Accused international arms dealer Viktor Bout arrived at Thailand's Criminal Court Monday morning to hear a ruling on whether Thailand will drop the second case against the alleged arms smuggler, an elusive Russian businessman dubbed "The Merchant of Death'', who is under legal process for extradition to the US.

Mr Bout faces a second case concerning money laundering and wire fraud charges which was accepted by Thailand’s Court of First Instance – at the earlier request of the US government -- and later the US government has submitted a request that the charges be withdrawn in order to proceed with extradition.

Thai Prime Minister Abhisit Vejjajiva said earlier that his government is awaiting a court decision on Mr Bout’s second case before making any final decision on his extradition to the US which asked Thailand to facilitate the transfer.

The premier said the Appeals Court's decision on the first case had already concluded and the US government officially requested through the Thai Foreign Ministry to withdraw the second case.

Mr Abhisit however said the case now rests with the public prosecutors and the court, adding that the court may have to listen to the accused regarding whether or not he wants the additional charges to be dropped.

The Thai Court of Appeals ruled on August 20 to extradite Mr Bout to the US to face charges of conspiracy to kill Americans, conspiracy to kill officials and employees of the United States government, conspiracy to acquire and use anti-aircraft missiles and conspiracy to provide material support or resources to a foreign terrorist organisation.

The ruling of the Thai Court of Appeals to extradite Mr Bout overturned a lower court ruling in August 2009 that rejected a US request that Mr Bout face trial there.

A 43-year-old former Soviet air force officer, Mr Bout has denied any involvement in illicit activities including arms trafficking to conflict zones in Africa, South America and the Middle East. He claims he ran a legitimate business.

His arrest at a Bangkok luxury hotel in March 2008 was part of an elaborate sting in which US agents posed as arms buyers for the Revolutionary Armed Forces of Colombia, or FARC, which the US government classifies as a terrorist organisation.

Mr Bout was subsequently indicted in the US on four terrorism-related charges that include conspiring to sell millions of dollars worth of weapons to FARC. (MCOT online news)

-- TNA 2010-10-04

[asiawatcher]

From a point of view of law - the charges against Bout and those levelled by the US are not finite. Terrorism is terrorism and arms dealing is arms dealing, ditto money laundering. Whilst personally I would hammer the guy the law cannot. It has to make assessments based on grounds for prosecution and treat each case as autonomous.

Some points of interest:

1. Bout is charged with selling arms - this does not constitute terrorism by the act. Similarly the selling of arms is just a commodity and there may be 'rules' of registration etc he may have avoided but as a Russian national primarily, I doubt it as he is living internationally to facilitate sales. He may be - by supplying arms - aiding terrorists - but that then comes down to proof - can any of the weapons he supplied be found in the hands of terrorists and traced back to him? If so, then he is aiding and abetting a terrorist act so they have a case. He can plead plausible denial and say the use of the weapons is not of his concern - again it goes into grey area.

2. Money laundering - this is also hard to prove as he receives funds for arms supplied (in theory). The onus on the origination of the funds he receives is not his concern so it would have to be proven, income received (not the source) is untaxed or undeclared, then the funds deceptively used to avoid tax. But any average businessman can set up a BVI, accounts in HK or Singapore, and then it is tax exempt so does not constitute money laundering on his part. But it is a fairly grey area as he is multi national and holds various alias' and passports.

It is a tough one. I would think guilt is real but all the politicking and BS attached to this is time consuming and wasted energy and resources. I would leave him in a Thai jail for a few more years and then when it all dies down - pass him out to whoever they wish. No doubt by Thai standards - that would be to the highest bidder! So again the Thai system wins...

[beano2274]

Saw the Police convoy taking him to the Supreme court this morning. Bit of bad management, the roads were not blocked off as it was rush hour. They should have been moving him last night instead of this morning.

I think there will be a few more court dates to be done before this is over. Also look to see some diplomats from America visiting soon, adding a bit of pressure onto the Government.

Edited October 4, 2010 by beano2274

[StasD]

He is a victim of CIA's revenge. Thanks for him many CIA's people lost their positions and hope of good pensions. (according to Russian news)

[siampolee]

. Bout is charged with selling arms - this does not constitute terrorism by the act. Similarly the selling of arms is just a commodity and there may be 'rules' of registration etc

. Bout is ( Read America the U.K. France, Russia Israel, China the list is endless) is charged with selling arms - this does not constitute terrorism by the act. Similarly the selling of arms is just a commodity and there may be 'rules' of registration etc.

There are too many flaws in the American argument.The biggest fear America has is the fact that Bout may well be privy to far more information concerning American arms deals and shipments than the American administration feels comfortable about.

[OzMick]

poor old Vic! He's in the unfortunate position of asking for charges against him NOT to be dropped, as dropping them would clear the way to have him deported. IMHO, and Victor's I assume, the yanks have a good case against him.

As for Russian news and views, it is quite possible that much of the weaponry supplied to non-desirables was done with official approval in (covert) defiance of international arms control conventions, and this may well come out. Whoops!

I have the pleasure of being able to access Russia Today, which spends more time disparaging the US, UK, Israel and aligned states as it does giving Russian news. Victor is of course innocent, as were the confessed Russian agents of influence uncovered in the US. Any anti-war, anti-nuclear, anti - any US policy is given a forum without critical analysis or comment of often ridiculous statements. But that's freedom of the press, something that might be so readily available if the subject was sexual harrasment in the Russian rather than US military.

[OzMick]

. Bout is charged with selling arms - this does not constitute terrorism by the act. Similarly the selling of arms is just a commodity and there may be 'rules' of registration etc

. Bout is ( Read America the U.K. France, Russia Israel, China the list is endless) is charged with selling arms - this does not constitute terrorism by the act. Similarly the selling of arms is just a commodity and there may be 'rules' of registration etc.

There are too many flaws in the American argument.The biggest fear America has is the fact that Bout may well be privy to far more information concerning American arms deals and shipments than the American administration feels comfortable about.

If this is true;

1/ why is he so reluctant to face charges?

2/ if the US is concerned about him revealing information, why are they putting him in the spotlight with world wide press coverage?

[jdinasia]

Thai Prime Minister Abhisit Vejjajiva could have the final say, however, with recent reports suggesting that the decision over whether to extradite Bout was his as head of state.

Technical foul by the AFP -------- Abhisit is not Head of State.

[Buchholz]

In the continuing bizarro world of LawyerLand, Bout's lawyers are continuing to oppose the prosecutor's efforts to drop charges against their client.

Breaking News

Bout in Court on 2nd Set of Charges

Suspected Russian arms dealer Viktor Bout is at the Criminal Court again today. The prosecutor is withdrawing the second set of charges of money laundering and electronics fraud on a request by the US which wants his extradition there to move forward.

However, Bout's lawyer is opposing the move because his extradition can be delayed by at least a year if the second case continues.

Security is tight and both the Thai and foreign press have come out in full force to cover the trial.

-- Tan Network 2010-10-04

Edited October 4, 2010 by Buchholz

[webfact]

MERCHANT OF DEATH

Bout awaits for court's ruling on his future

By The Nation

BANGKOK: -- The Criminal Court is scheduled on Monday at 1.30pm to rule on the future of Viktor Bout, known as Merchant of Death, whether to drop the second case against him.

Wearing bullet proof jacket, Bout arrived at the Court on Monday amidst tight security.

The court will consider whether to drop the second charge against Bout, a Russian businessman. The public prosecutors wished to withdraw the second charge to facilitate the extradition of Bout to the US.

Bout's lawyers said they would protest the prosecutors' requested withdrawal.

The Appeal Court ruled on August 20 to extradite Bout to the US to face charges of conspiracy to kill Americans, conspiracy to kill officials and employees of the United States government, conspiracy to acquire and use anti-aircraft missiles and conspiracy to provide material support or resources to a foreign terrorist organisation.

The ruling of the Thai Court of Appeals to extradite Bout overturned a lower court ruling in August 2009 that rejected a US request that Mr Bout face trial there.

Thai Prime Minister Abhisit Vejjajiva said earlier that his government is awaiting a court decision on Bout's second case before making any final decision on his extradition to the US which asked Thailand to facilitate the transfer.

The premier said the Court's decision on the first case had already concluded and the US government officially requested through the Thai Foreign Ministry to withdraw the second case.

Abhisit however said the case now rests with the public prosecutors and the court, adding that the court may have to listen to the accused regarding whether or not he wants the additional charges to be dropped.

A 43-year-old former Soviet air force officer, Bout has denied any involvement in illicit activities including arms trafficking to conflict zones in Africa, South America and the Middle East. He claims he ran a legitimate business.

His arrest at a Bangkok luxury hotel in March 2008 was part of an elaborate sting in which US agents posed as arms buyers for the Revolutionary Armed Forces of Colombia, or FARC, which the US government classifies as a terrorist organisation.

Bout was subsequently indicted in the US on four terrorism-related charges that include conspiring to sell millions of dollars worth of weapons to FARC.

-- The Nation 2010-10-04

[Buchholz]

They seem to be ratcheting up security precautions a smidgen for today's proceedings

Alleged arms smuggler Viktor Bout from Russia is escorted by members of the special police unit as he arrives at a criminal court in Bangkok October 4, 2010. Thailand's criminal court held a hearing today on a second case lodged against Bout.

REUTERS

[opalhort]

According to CNN just now the Thai court refused to drop the additional charges levied against Bout.

Will be interesting to see what the US will do next.

opalhort

[webfact]

Topic continues:

Thai Court Delays Extradition Of Alleged Arms Dealer Viktor Bout

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