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Corruption drive gathers pace with extradition of Borodin (580 words)
Published:
1/19/2001
Late last night the US courts returned Pavel Borodin, President Yeltsin's former property chief and currently President of the Russian-Belarus union, to prison, setting his
extradition hearings for 25 January. The US State department has stated that
possession of a diplomatic passport does not automatically confer diplomatic
status, and so Borodin does not enjoy immunity. So as long as the Swiss can
prove that they have a real case against Borodin, he should be Geneva-bound
shortly.
Putin has yet to say anything in public, although he had a number of
opportunities. Last night, he met with key Duma deputies, and Irina
Khakamada, who was at the meeting, said that Putin had said that Borodin had
made a mistake in deciding to travel, and that it was all in the hands of
the courts. This suggests that Putin does not intend to intervene to protect
his former boss, which gives us some hope that deep down, he does believe in
the rule of law.
Most Russian politicians are outraged, especially in the Duma. A lot of this
may be because they are terrified by the thought that they too may be
brought to justice one day. If someone as powerful as Borodin can be
arrested, then there are many other Russian officials who should restrict
themselves to holidaying inside the FSU for the time being.
Borodin was travelling on an ordinary passport, with a tourist visa. He
apparently has a diplomatic passport, but did not get a US visa for this
passport in time. Apparently he would have been arrested in any case, as
diplomatic immunity only applies to those who are accredited to an embassy.
Borodin probably also thought that he was there as an official guest of the
government, in which case he would have been protected by the protocol that
officially invited guests of the government have diplomatic privilege. It
was a reasonable mistake - in Russia the government and the campaign to
elect the President are the same thing, but in America, they are very
separate.
The only hope now for Borodin is that the US court will decide that there is
no case to answer. Borodin is accused of money laundering, which requires
that the money be acquired illegally. So the Swiss will have to show that
Borodin came by his money illegally, but their problem is that the Russians
have said that Borodin has no case to answer.
I think that the Swiss have evidence that Borodin acquired his money as
bribes, because the Swiss contractors for the Kremlin renovation, Mabetex,
listed these bribes as legitimate business expenses for tax purposes. This
is legal in Switzerland. So Mabetex have gone on record as paying these
bribes, and the Swiss can easily find a Russian law that shows that Borodin
was breaking the law when he took them.
On the subject of legal reform, Putin yesterday sent the Duma changes to the
legal code, which will prevent prosecutors from putting anyone in custody
without a court decision. This, for instance, would have stopped them
locking up Gusinsky. Another piece of good news is that Pashin, a liberal
judge in Moscow who was fired last year, has been reinstated.
We may therefore be in the middle of a rush of good news, which started when
it was announced that Adamov, the minister of atomic energy, was questioned
by the prosecutors. Adamov is close to the Family, and although we do not
think that Putin is about to go after the core of the Family, he does seem
to be attacking its most trusted advisers.
Article ID:
2303
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