Viktor Bout Appeals Thai Court Ruling

[webfact]

'Merchant of Death' appeals Thai court ruling: lawyer

BANGKOK, October 8, 2010 (AFP) - Alleged Russian arms dealer Viktor Bout on Friday appealed against a Thai court ruling that removed a major obstacle to his extradition to the United States, his lawyer said.

Thailand's Criminal Court on Tuesday dismissed money-laundering and fraud charges against Bout that had been holding up his extradition, citing insufficient evidence.

In an apparent delaying tactic, Bout's lawyer Lak Nittiwattanawichan said he had submitted an appeal against the decision, partly on the grounds that the Criminal Court did not allow witnesses to testify.

Lak voiced confidence that Thailand's Appeal Court would agree to hear the case involving Bout, once described by a British government minister as the "Merchant of Death".

The Appeal Court in August ordered Bout be handed over to Washington on terrorism charges, angering Russia, but the process has been held up by technicalities over the new accusations.

Bout, a 43-year-old former Soviet air force pilot, was arrested in 2008 after a sting operation in Bangkok involving undercover US agents posing as Colombian FARC rebels.

He has repeatedly denied suggestions that he was a former KGB agent and maintains that he ran a legitimate air cargo business.

Bout has maintained his innocence from the day he was detained in the Thai capital after allegedly agreeing to supply surface-to-air missiles in a series of covert meetings that also took him to Denmark and Romania.

Washington, which has described Bout as "one of the world's most prolific arms traffickers," has lobbied hard for his extradition. The case has put Thailand in a difficult diplomatic spot between the United States and Russia.

-- (c) Copyright AFP 2010-10-08

[brahmburgers]

Truly odd when an alleged arms dealer conspires with his lawyer to appeal .....to keep added charges extant.

I can understand the reasoning, as it's been stated that the added charges make it difficult for Bout to be extradited. There are some sour jokes I could venture to insert here, but it's not a joking matter - certainly not for Bout - nor for the former East Bloc big shots who stand to get implicated if Bout goes to a US court.

Addendum: The term in the title; "Merchant of Death" is out of place. He's innocent until proven guilty. Using that nomenclature is what tabloids do to sell more papers, but unbecoming of Thai Visa to repeat it. The man's name is Bout - use it.

Edited October 8, 2010 by brahmburgers

[webfact]

MERCHANT OF DEATH

Bout files appeal to delay extradition further

By The Nation

Russian arms dealer Viktor Bout yesterday lodged an appeal with the Appeal Court designed to delay the process of extraditing him to the United States.

His lawyer Lak Nittiwattanawichan made the appeal on Bout's behalf on the grounds that state prosecutors had no authority to file a moneylaundering and fraud case against his client as it was motivated by politics. The case, which had been holding up Bout's extradition, was dismissed this week for lack of evidence.

State prosecutors violated Article 120 of the Penal Code Procedure, as they failed to examine the case before filing it, Lak claimed.

The prosecutors were supposed to prove that the charge of moneylaundering and fraud had basis in fact, but they simply conveyed it to the court as requested via diplomatic channels by Washington, he said.

"A diplomatic request cannot overrule Thai legal procedures," the lawyer said.

The Criminal Court on Tuesday dismissed a second US request for Bout's extradition in connection with the charge of moneylaundering and fraud. However, an earlier extradition request stands, after the Appeal Court ruled on August 20 to hand Bout over to the US on a charge of terrorism.

The second request, in fact, was a major legal obstacle for the extradition process, as the Thai authorities could not hand Bout over to face trial in the US courts before all cases before the Thai courts had been dealt with.

Bout's appeal on the second case is a delaying tactic aimed at prolonging his stay in Thailand. If the court accepts the appeal, it will take time to consider and review the primary court's ruling.

Lak said he had prepared at least 17 witnesses to testify in the case but the primary court made a quick decision on Tuesday without hearing any witnesses.

If the new appeal is rejected, the Thai authorities must extradite Bout by November 20 in accordance with the Appeal Court's previous ruling.

A former Russian airforce officer, Bout was arrested in Bangkok in March 2008 in a USled sting operation.

He faces a maximum sentence of life imprisonment in the United States for numerous charges, including terrorism and conspiracy in the deaths of US nationals, for his alleged role in fuelling armed conflicts in several parts of the world.

-- The Nation 2010-10-09

[asiawatcher]

He is trying to avoid the US like it has a plague. Seems Russia is of the same mind set for whatever reason! Funny, if he is an air transport logistics man you would think otherwise.

[personchester]

Truly odd when an alleged arms dealer conspires with his lawyer to appeal .....to keep added charges extant.

I can understand the reasoning, as it's been stated that the added charges make it difficult for Bout to be extradited. There are some sour jokes I could venture to insert here, but it's not a joking matter - certainly not for Bout - nor for the former East Bloc big shots who stand to get implicated if Bout goes to a US court.

Addendum: The term in the title; "Merchant of Death" is out of place. He's innocent until proven guilty. Using that nomenclature is what tabloids do to sell more papers, but unbecoming of Thai Visa to repeat it. The man's name is Bout - use it.

The "Thai-Visa" forum is an informative media for its members and is therefore entitled to report matters as they appear in the media in general, including the term "Merchant of Death" it is neither meant to be a confirmation, nor a denial of the term, it is simply an "informative" matter in order to to keep members informed and updated with general views, together with backgrounds of particular cases.

Thus to state the term "Merchant of Death" was not unbecoming at all, on the contrary it was appropriate in order to report the case fully.

[SergeiY]

That often mentioned Hollywood movie is now on Thai TV. Channel 7.

Haha. Just watching the beginning its pretty clear how far away that fiction is from the real Viktor Bout.

[Flatouthruthefog]

Truly odd when an alleged arms dealer conspires with his lawyer to appeal .....to keep added charges extant.

I can understand the reasoning, as it's been stated that the added charges make it difficult for Bout to be extradited. There are some sour jokes I could venture to insert here, but it's not a joking matter - certainly not for Bout - nor for the former East Bloc big shots who stand to get implicated if Bout goes to a US court.

Addendum: The term in the title; "Merchant of Death" is out of place. He's innocent until proven guilty. Using that nomenclature is what tabloids do to sell more papers, but unbecoming of Thai Visa to repeat it. The man's name is Bout - use it.

The "Thai-Visa" forum is an informative media for its members and is therefore entitled to report matters as they appear in the media in general, including the term "Merchant of Death" it is neither meant to be a confirmation, nor a denial of the term, it is simply an "informative" matter in order to to keep members informed and updated with general views, together with backgrounds of particular cases.

Thus to state the term "Merchant of Death" was not unbecoming at all, on the contrary it was appropriate in order to report the case fully.

With "all due respect", you are completely wrong.

This term was coined, not by a Judge after an appropriate conviction, and about a man who, so far as the world knows, has no previous convictions other than maybe a speeding fine and 2 parking tickets.

It is an emotive term encouraging "hatred, ridicule or contempt" with no criminal record or fact proved in law behind it, and is thus a criminal libel. I, for one, am surprised that the Thai media (tv included - sorry Mods) keep parroting it.

This is British tabloid gutter crxp at its lowest, and to be abhorred and avoided.

The man may of course be all of this and worse. The old adage: "The nearer the truth - the nearer the libel" applies all over the world. But until convicted, the media calls Mr Bout/Boot nasty names at their peril. Your peril too, if he is ever exonerated and you are ever traced.

[Chunky1]

The USA is going to put this evil man behind bars where he belongs. The entire world owes us a a big wai.

[Bagwan]

That often mentioned Hollywood movie is now on Thai TV. Channel 7.

Haha. Just watching the beginning its pretty clear how far away that fiction is from the real Viktor Bout.

Hollywood has always produced fairy tales. Much of what they produce might be described as propaganda.and misguided self aggrandisement.  A pity really as the vast majority of US folk that I have come into contact with are very agreeable.  

[Bagwan]

The USA is going to put this evil man behind bars where he belongs. The entire world owes us a a big wai.

How very OTT. Are you a one man lynch mob? Do you use the same astrologer as a certain villain from Chang Mai? The majority of the world's population have never heard of Bout so you may be a bit short on numbers. Should we also be grateful to the US for knowingly standing by while Pakistan acquired the materials and  knowhow to make the Bomb? Have the US only got themselves involved in this because  any  weapons to be supplied would be have been used against themselves?

[mickylonster]

The USA is going to put this evil man behind bars where he belongs. The entire world owes us a a big wai.

Don`t you mean a BIG WHY ??? with regards to Iraq and Aphganistan and many of the other foreign policies of the good ole Usa ???

[personchester]

Truly odd when an alleged arms dealer conspires with his lawyer to appeal .....to keep added charges extant.

I can understand the reasoning, as it's been stated that the added charges make it difficult for Bout to be extradited. There are some sour jokes I could venture to insert here, but it's not a joking matter - certainly not for Bout - nor for the former East Bloc big shots who stand to get implicated if Bout goes to a US court.

Addendum: The term in the title; "Merchant of Death" is out of place. He's innocent until proven guilty. Using that nomenclature is what tabloids do to sell more papers, but unbecoming of Thai Visa to repeat it. The man's name is Bout - use it.

The "Thai-Visa" forum is an informative media for its members and is therefore entitled to report matters as they appear in the media in general, including the term "Merchant of Death" it is neither meant to be a confirmation, nor a denial of the term, it is simply an "informative" matter in order to to keep members informed and updated with general views, together with backgrounds of particular cases.

Thus to state the term "Merchant of Death" was not unbecoming at all, on the contrary it was appropriate in order to report the case fully.

With "all due respect", you are completely wrong.

This term was coined, not by a Judge after an appropriate conviction, and about a man who, so far as the world knows, has no previous convictions other than maybe a speeding fine and 2 parking tickets.

It is an emotive term encouraging "hatred, ridicule or contempt" with no criminal record or fact proved in law behind it, and is thus a criminal libel. I, for one, am surprised that the Thai media (tv included - sorry Mods) keep parroting it.

This is British tabloid gutter crxp at its lowest, and to be abhorred and avoided.

The man may of course be all of this and worse. The old adage: "The nearer the truth - the nearer the libel" applies all over the world. But until convicted, the media calls Mr Bout/Boot nasty names at their peril. Your peril too, if he is ever exonerated and you are ever traced.

Sorry, but your reply is rather odd, talking of peril (in your last para) does not make sense and is indicative of the fact that you appear to be slightly fanatic in regard to this case, therefore please relax and re-access the situation then you will come to the conclusion that the noted term "Merchant of Death" in the Thai-Visa report was not supportive of the "term" but merely informative.

As pointed out previously Thai-Visa is an information providing body for it's members and it's website in general, to restrict news already largely in public domain would not be much appreciated since it would result in readers being semi-informed and this would have a negative impact on Thai-Visa.

Moreover, it is well understood that Thai-Visa did neither invent, agree, or deny the term "Merchant of Death" it was not an opinionated report, since opinion forming is up to individual forum members themselves, the report was merely informative in order to update members with the latests news on this, comments made by people (chiefly politicians as in this case) are not necessary published by the media because the support /agree with that view /expression, it is merely published in order to inform the public, Thai-Visa ditto.

Mr Bout might indeed be innocent, we have no means of knowing it at this stage, but if this is the case and he has evidence to prove it as was pointed out by his defence lawyer, then why would he not agree to be extradited to the US, in fact he should request it, after all the US (unlike other countries) is a democratic country with a respectful legal system, if he is innocent then his innocence will be proved in court and he will be a free man, thus why hang on in a Thai jail, since this nullifies the opportunity to prove his innocence in an American court.

[Flatouthruthefog]

Truly odd when an alleged arms dealer conspires with his lawyer to appeal .....to keep added charges extant.

I can understand the reasoning, as it's been stated that the added charges make it difficult for Bout to be extradited. There are some sour jokes I could venture to insert here, but it's not a joking matter - certainly not for Bout - nor for the former East Bloc big shots who stand to get implicated if Bout goes to a US court.

Addendum: The term in the title; "Merchant of Death" is out of place. He's innocent until proven guilty. Using that nomenclature is what tabloids do to sell more papers, but unbecoming of Thai Visa to repeat it. The man's name is Bout - use it.

The "Thai-Visa" forum is an informative media for its members and is therefore entitled to report matters as they appear in the media in general, including the term "Merchant of Death" it is neither meant to be a confirmation, nor a denial of the term, it is simply an "informative" matter in order to to keep members informed and updated with general views, together with backgrounds of particular cases.

Thus to state the term "Merchant of Death" was not unbecoming at all, on the contrary it was appropriate in order to report the case fully.

Hi Personchester

In order to save valuable space here on tv I will reply to your first ill-informed remarks here, rather than add to the latest multiple at the end of this thread. And by golly I am amazed it hasn't been ended by now!

I am not a fanatic. I am qualified.

Repeating a libel does not protect you from possible subsequent legal action, simply because someone else 'published' it first (In this case, the man who made the statement and all the media (inc tv here) that reported it).

If you persist on this topic, and if once more it is "in the public domain", you are (I repeat) at risk.

Why not just take a deep breath, have a relaxing drink, step down from this and stick to subjects you know?

Otherwise, carry on. I've done my best to help you, and won't bother you or the Mods on this again.

[chantorn]

"Merchant of Death". Channel 7 actually run the movie yesterday night.

[whybother]

"Merchant of Death". Channel 7 actually run the movie yesterday night.

Yes ... that was posted above. Now go back to bed Chantorn.

[SergeiY]

Mr Bout might indeed be innocent, we have no means of knowing it at this stage, but if this is the case and he has evidence to prove it as was pointed out by his defence lawyer, then why would he not agree to be extradited to the US, in fact he should request it, after all the US (unlike other countries) is a democratic country with a respectful legal system, if he is innocent then his innocence will be proved in court and he will be a free man, thus why hang on in a Thai jail, since this nullifies the opportunity to prove his innocence in an American court.

Simple: The USA is not the world police, nor the world court.

Now go home and mind your own business.

[LaoPo]

Thailand's Bamboo Diplomacy Blows in the Wind

Written by Pavin Chachavalpongpun*

Wednesday, 13 October 2010

Russian gunrunner Viktor Bout complicates life for Thailand's foreign ministry

The controversial case of suspected Russian gun runner Viktor Bout is unending. Bout has been locked in a Thai jail since 2008 after US agents posing as rebels from the Revolutionary Armed Forces of Colombia lured him to Bangkok, allegedly with the promise of an arms sale.

The Americans want Bout for what he knows, and the Russians want him, presumably for what they don't want the Americans to know – about Russian activity in global arms sales. A continuing series of judicial "technicalities" has kept the 43-year-old former Soviet Air Force pilot where he is as the two major powers struggle over his fate.

The case is unending simply because the issue has been highly politicised and profoundly entangled in the country's complicated domestic politics. It also demonstrates that Thailand has implemented a flawed foreign policy, and that the much celebrated Thai diplomacy of bending with the prevailing wind has come under heavy stress.

The Old Guard in the Foreign Ministry like to believe that Thailand nowadays continues to exercise its shrewd diplomacy, playing one power against the other in order to maintain a high degree of autonomy in the country's foreign affairs, as it did so successfully during the colonial period.

But in reality, the Thai government has under intense pressure from the US, which has accused Bout of executing arms deals with many militant groups around the world, including the FARC. Washington has classified the FARC as a terrorist organisation, and thus demanded that Thailand extradite Bout to be prosecuted in the United States.

As it has turned out, Thailand seems to have lost much of its control over its foreign policy. The Thai Foreign Ministry in the past prided itself on a mastery of bamboo diplomacy: always solidly rooted but flexible enough to bend whichever way the wind blows in order to survive. More than mere pragmatism, as one American professor once said, this adage reflects "Thailand's long-cherished, philosophical approach to international relations."

Article continues here:

Asia Sentinel

http://asiasentinel....2756&Itemid=185

* Pavin Chachavalpongpun is a Singapore-based Thai academic, independent writer, and a visiting lecturer at various Thai universities. He received his Ph.D. in Political Studies from the School of Oriental and African Studies at the University of London.

http://www.nidambe11...avalpongpun.htm

LaoPo