RUSSIA - Apr. 18 - Gusinsky's Extradition Refused.Spain's Highest Court refuses to extradite ex·tra·dite v. ex·tra·dit·ed, ex·tra·dit·ing, ex·tra·dites v.tr. 1. To give up or deliver (a fugitive, for example) to the legal jurisdiction of another government or authority. 2. Gusinsky who is battling the Kremlin to face fraud charges in Moscow. The judges rule, 2 to 1, that there is no criminal case to answer. But Gusinsky is ordered to remain under house arrest in Sotogrande until the Spanish prosecutor, acting on Moscow's behalf, decides in the next three days whether to appeal the decision. (Moscow accuses Gusinsky of fraudulently fraud·u·lent adj. 1. Engaging in fraud; deceitful. 2. Characterized by, constituting, or gained by fraud: fraudulent business practices. raising $300m in loans from Gazprom. He says the case against him is politically motivated). The three judges note "questionable and peculiar circumstances, not usually seen in a judicial accusation A formal criminal charge against a person alleged to have committed an offense punishable by law, which is presented before a court or a magistrate having jurisdiction to inquire into the alleged crime. of fraud" surrounding the extradition extradition (ĕkstrədĭsh`ən), delivery of a person, suspected or convicted of a crime, by the state where he has taken refuge to the state that asserts jurisdiction over him. request. They note that nations are obliged o·blige v. o·bliged, o·blig·ing, o·blig·es v.tr. 1. To constrain by physical, legal, social, or moral means. 2. "to deny extraditions in which they have detected motives other than judicial persecution Persecution Albigenses medieval sect suppressed by a crusade, wars, and the Inquisition. [Fr. Hist.: NCE, 53] Camisards uprising of Protestant peasantry after the revocation of Edict of Nantes in 1685 was brutally suppressed by the " and say the accused has claimed "with some reason" to have identified such a motive. The ruling recognises an "economic conflict" between Gusinsky and Gazprom, but says it should be resolved in a civil, not a criminal, court, adding Gusinsky's actions do not amount to a crime under Spanish law. Gusinsky's Spanish lawyer Domingo Plazas says his client "is happy with the decision" but was "obviously worried about what is happening in Moscow at the moment. The events of the past few weeks in Russia show that the intention of the Russian government in making the extradition request is to silence the voice of the country's only independent media group". He also accuses Moscow of "illegally deposing Gusinsky from his group of companies", adding: "We don't know Don't know (DK, DKed) "Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. yet what he is going to do, but he'll try to fight for his companies and for his people in Russia". On Apr. 18, the State Prosecutor at the High Court in Madrid Eduardo Fungairino said he would not appeal a ruling that rejected Moscow's request to extradite Gusinsky. He said he believed an appeal would not succeed because the arguments against the extradition "are very solid". Gusinsky said: "We taught the government the power of journalists. That's why Mr. Putin wants to control us. We aren't in opposition to the government, we are just not standing in its line". Gusinsky will be free to travel within three days. |
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