Tony Halpin
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Britain has directly challenged Russia’s insistence that its Constitution bans extradition of the man who is suspected over the murder of the dissident former spy Alexander Litvinenko.
Sir Anthony Brenton, the British Ambassador in Moscow, said yesterday that Russia could get around the prohibition if it wanted to cooperate in bringing Andrei Lugovoy to trial. Mr Lugovoy is accused of poisoning Litvinenko with radioactive polonium210 at a London hotel in November, but insists that he is innocent.
In comments timed to infuriate the Kremlin, Sir Anthony highlighted sections of the Constitution that are routinely ignored in Russia. His remarks came as Britain prepared to step up pressure on Russia by raising Mr Lugovoy’s extradition at a meeting of European Union foreign ministers in Brussels today. Russia’s Prosecutor-General is expected to respond by setting out details of the cooperation that it has given Britain in investigating the case. Russia says that Article 61 of its Constitution forbids extradition of citizens to face trial abroad.
It has offered to try Mr Lugovoy in Moscow if Britain presents sufficient evidence, but the Crown Prosecution Service has insisted that the trial should take place in London. Sir Anthony told Interfax and the Kommersantnewspaper that Russia’s Constitution, like those of other countries, was “clearly capable of interpretation in the light of circumstances”.
“For example, it states that economic activities aimed at monopolisation are prohibited (Article 34); that people have the right to choose freely their place of residence in Russia, including in Moscow (Article 27), and that Duma deputies cannot engage in paid work (Article 97),” he said. “We are not asking Russia to violate its Constitution, but to work with us creatively to find a way around this impediment, given the serious and unprecedented nature of this murder. Such cooperation has not been forthcoming.”
Despite the constitutional provisions, Gazprom has a monopoly on gas supplies in Russia, citizens can live in Moscow and other main cities only if they can get a registration certificate, and most deputies in the Duma, Russia’s parliament, have outside business interests. The Constitution also guarantees the right to demonstrate, but police routinely break up opposition marches against President Putin.
Sir Anthony rejected suggestions that Britain had jeopardised relations by expelling four Russian diplomats last week. Moscow expelled four British envoys in retaliation. “It is surprising to me that the Russian authorities do not see their own national interest in putting on trial, in the place where most of the evidence and witnesses are available, a suspected murderer and carrier of highly toxic radioactive substances,” Sir Anthony said.
There was no comparison between this case and the refusal by British courts to extradite the exiled billionaire Boris Berezovsky and the Chechen separatist envoy Akhmed Zakayev to Russia. “It is the Russian Government, not the courts, who have decided not to extradite. It was done not on the basis of the evidence submitted, but on the basis of an alleged constitutional ban without any supporting evidence or desire to work constructively around this issue. And that is unsatisfactory,” Sir Anthony said.
Mr Putin has played down the dispute with Britain as a “mini-crisis”. Sergei Ivanov, Russia’s Deputy Prime Minister, made clear that the Kremlin was ready to disregard criticism of its behaviour in the West. Mr Ivanov told a pro-government youth camp: “Unfortunately, in our country the entire external world is taken to mean the West alone. This is a great mistake. We have China and India as well. They can hear us and see our points.”
Alexander Shokhin, president of the Russian Union of Industrialists and Entrepreneurs, suggested that the crisis could damage the City of London as Russian companies looked to other stock markets.
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It should be possible to determine from which Country came the Plutonium-210.
It is very possible that it came from a Russian or USSR Laboratory.
The main point being missed by most folk is that this highly dangerous substance was carried on british aircraft between Russia & the UK, apparently Russia does not dispute this fact.
Had something similar been transported from UK to Russia and consequently been used to murder a Russian citizen as well as place other citizens in peril, then the Russian Government would have been up in arms and demanded that the UK extradite whomsoever they believed responsible.
I do not know who is right or who is not in regards to this case.
I do however know that the Russian authorities have not expended any of their vast resources in locating whether and how the Plutonium-210 came from their own laboratories nor whom might have been responsible for transporting it from Russia to the UK.
Stuart, Zavalla, USA
The CPS has a substatial body of evidence it is withholding from the general public. Lugovoi is one a several suspects. There is evidence of probable complicity by Berezovsky and Nevzlin that has not been released. As Russian Deputy General Prosecutor Alexander Zvyagintsev stated today: "We've been saying all along that Alexander Litvinenko was a very important witness for us and his death was a blow to the investigation into several cases..." Among those cases include Litvinenko's cooperation with Russian authorities on Berezovsky's funding of Chechen rebels and on Nevzlin's involvement in Yukos Spain money laundering operations tied to Russian/Georgian crime familes.
Justice in the UK, who has not only allowed Berezovsky to ferment a revolution but whi has failed to identify him as a probable suspect for his complicity in Litvinenko's death and who has allowed Nevzlin to submit false evidence without prosecuting him for perjury! The UK has yet to enforce the its own laws.
Brian K. Doan, Burlington, VT USA
It is rather pathetic to hear such arguments from an envoy of Great Britain, the country that is such proud of it's law-abiding tradition. He calls my goverment "To work creatively" to circumvent Russian constitution. I.e to violate the Article 61. which reads unambiguously qoute The citizen of the Russian Federation may not be deported out of Russia or extradited to another state. unquote. I guess that British authorities deem sacred only their own laws . For other countries laws they seem to have only imperial contempt and nothing else.
I am not sure that is the right way.
Alexey, Moscow, Russia
I would be grateful if the Russians commenting on this issue would kindly exclude me from their allegations against "britons" etc. As a brit I didnt want any of this you know and didnt want our guys in Iraq or wherever. I didnt want all these wanted people from all over the world living in my country and I dont want unelected failed politicians turning my country into just a county within a "super state" as I dont think it will be particularly super at all.
Its senior members of governments who start wars and they seem to be posturing that way now.
alan, warks , uk
The hostile reporting of the Western media against Russia has been evident for a long time now; clear for anybody to see who bothers to read several international news papers.
The question is what is the purpose of antaginising Russia?Looking for a pretext to pick a fight as the USA and UK eye the country's enormous mineral and oil/natural gas wealth?
Britain has continuously refused Russia's request to extradite Berezovsky and Zakayev,eventhough there are criminal charges against them (embezzlement,terrorist acts in the case of Zakayev etc).The same Government is now weeping crocodile's tears about Russia's legitimate refusal to extradite one of its citizens, stating that investigations against him are ongoing in Russia.According to the European extradition treaty of 1957,signed by the UK and the then USSR;Russia does have the right to refuse extradition but has to offer to try the suspect by its own courts.They offered this but the UK declined.Did UK offer the same for Berezovsky?
Dr.Piskolti, Signy, Switzerland
Thompson, if you have such a huge hatred for Britain and all things British, what on earth are you doing living in London?
Mishka, London,
How many of the writers here are actually motivated in seeing real justice for a man most foully murdered, or are just pleased to see Britain at the epicentre of a terrible dilemma?
To you, I ask, whether in France, or New Zealand, or China or South Africa,, frankly wherever, if this had happened in the capital of your own country, would you rather have a trial in Moscow, which is NOT the country of the crime, or a trial under the laws of your own land, and which would make you feel better about the moral and judicial health of your country?
Tom Lister, London, UK
Why do the Russian population allow themselves to be dragged into a continual mire - by following leaders who continue to live in the past.
How can an interlectual country which has much to present to the modern world let itself be dragged into conflict rather than look for compromises with the other nations of the world.
Russia has a continued problem with shutting itself of from the real world - look at its history - killing more of its people itself than in all the conflicts it has been embroiled with combined.
It needs leaders with a world perspective not an inward looking nature only out for their own gains.
Peter Griffiths, Ammanford, Uk/Carmarthenshire
Propanganda, like so many of britain's gift to the world, is surely is at its fullest form in here.
Its a bit ususual as well that both british meadia and govt speaking the same language, are there better spin
kk, Columbus, Indiana
... and there we have Sir Anthony as a brainy expert in Russian constitutional law telling the Russians to work with the British government "creatively to find a way around this impediment". Bending laws - sorry, didn't he say "interpreting" them? - is nothing to which either the Crown or its transatlantic patrons are strangers. The Russian refusal must surely puzzle HM's Government. That's no problem though, they'll get over it.
What IS the problem, is that instead of scrutinizing the factual basis on which the Government relies to bully a sovereign state to change it's constitution (and let's admit it, there doesn't appear to be a wealth of it), the "independent" British media happily joins the smearing campaign against Russia. After all, isn't shouting "the Russians are bad (again)" much easier than admitting the complexity of the crime and the apparent difficulty with which the investigation unfolds?
Meanwhile, Litvinenko's true assassins are laughing even harder.
Victor, Windhoek,
I donât think British ambassadorâs duties include interpretation of Russian constitution; they have a Constitutional court for it. My guess: he had enough of his job and wants to be sent home. Otherwise his statements are very provocative.
elli, Riga, Latvia
Well, the MAGNITUDE of hypocricy pouring out of british officials is simply appauling. Guys, just sober up: it is not the 15th or 17th or even early 20th century - it is a new age where Great Britain is no longer in any possible way 'Great'. The process of losing grip on world affairs by your country that started under John Major reached its crescendo during the tenancy of Mr.Blair who single-handedly eradicated the very notion of Brithish independence - you continue to be an "independent nation" - but is only on paper - all decisions your country have been following over the past decade were made in Wahsingon: when the US administration spoke your errand boy Tony just stood to attention and rushed to carry out the orders given, trying to put on a brave face. It has not worked, however, with the result: that today the imprtance of once a truly Great Britain having dwindled to the size of a third country - why bother and talk to you if you DO NOT DECIDE ANYTHING - only execute orders.
bonch, moscow, russia
I am surprised and ashamed by the policy of new government of GB. Shame on you and your behavior on the case of Litvinenko, Berezovskiy and other historical garbage (all together 21 persons). Why shouldnât you publish the evidences, if you of course dispose of them, which confirm the participation in this crime of Mr. Lugovoy or you act in accordance with opened or told fortunes by coffee grounds? Doesnât your government have another more serious and vital problems connected with terrorists or you have already settled and got rid of them? If âyesâ, then let me congratulate people of GB and now on they can sleep the sleep of the just. I am still surprised how people with such history and traditions could stand such adventurers as Zakaev and Bezovsky. I am sure next generation wouldnât understand or at least would despise todayâs history makers. From Russia With Love
Vlad, Moscow, Russia
Never thought Britain would get involved in murder of a third rate goon Litvinenko. He was killed in gang war of Russian criminals, what part is Britain trying to play ?
Kamil Mian, London, UK
The funniest thing of all is the current Russian 'constitution' is a sham foisted on the nation by Boris Yeltsin back in 1993, as the smell of innocent blood still hung in the air following the butcher job at the Russian parliament house. Ostensibly, his 'constitution' was approved at a December 1993 referendum, yet all the ballots were summarily destroyed shortly afterwards for some unclear reason, preventing any recount. Moreover, Yeltsin had expressly warned the media against a 'NO' campaign in the run-up to the referendum, which, given the circumstances, was no empty threat. By most standards, that fact alone invalidates the referendum's outcome and thus the constitution.
Anatoly, Moscow, Russia
Since the decision to refuse the extradition of the 20 or 21 Russian and Chechnyan people was made by the british Courts, NOT the British Government, I suspect it's slightly disengenuous to compare them to the Russian GOVERNMENT refusing to extradite Lugovoy.
It is also true that the constitution does NOT bar the extradition of Russian nationals from their country - what it says is that Russia has the right to refuse an extradition request. BIG difference.
Raymon Shah, London,
Kudos to Sir Anthony. It is high time the west shine light on the continuing hypocracy of Russia and its leadership. Bravo!
Alf, Odessa, Ukraine
Guys, you have to listen what Lugovoy says in press conferences in Moscow. The British Authorities have not provided any real evidence that Lugovoi killed Litvinenko. Lugovoi has said that he is willing to see the official extradition document, which the Brits did not even bother to send to him. And by the way, Lugovoi is wondering, on what grounds particularly he have to be sent to jail, but not his partner Kovtun, who was also at the table that evening. Therefore, the Britt's just want everything happen their own way and their obsessive ideas about the change of Russian constitution shows that the Foreign Ministry is absolutely incompetent.
Igor , London, UK
Thompson - have you ever visited planet Earth?
Peter, London,
Brits, look around and face it: In the resolution of what internatioanl crises or conflicts is your country involved?
Where does your country's voice count today?
Who listens to what you say? It is always US, Russia, European Union, China, and sometimes Japan. Who cares about "Great" Britain's opinion as long as it ALWAYS COINCIDES with that of the White House? Tony Blair single-handedly "sold out" the legacy of Mrs. Thatcher, under whom (whatever she did wrong domestically - it just nobody's business but yours) your country was a major player whose opinion mattered almost as much as that of US or USSR? And look at the way things are now: Tony Blair turned your once powerhouse country into a mediocre, almost third-rate state accountable to Washington, and in the eyes of most in the world having a reputation of an APPENDAGE to the US.
I am not gloating: I want you to really wake up and think hard how to return the Britain that MATTERS and not the DOCILE one that OBEYS and COMPLIES
bonch, moscow, russia
I always find it amusing to see the Russian diaspora jumping in to defend the country they fled to the West from. Surely if Russia was so fair and just we wouldn't be seeing 67 Russians move to Britian for every Brit that emigrates to Russia... Britain of course has nothing to apologise for, and every right to pursue justice in what seems to be a state-sponsored killing. I struggle to think of a clearer indicator of Lugovoi's involvement than a trial of radioactive toxicity precisely matching his movements.
adrian, London/New York,
I think everyone has finally realised how much money there is to be made out of this trial. I have been doing some research on the OJ Simpson case. CNN had extra windfall ad revenue of $45m ALONE from that case, and that was 12 years ago. Global GDP in dollar terms is probably 50% higher than it was 12 years ago. Global television rights could easily fetch $100m. And don't forget the merchandising. "South Park" characters have generated $500 m worth of revenues over the last 3 years, so I reckon that a Lugovoy doll (with or without the pins inserted) could easily generate $100m. And as for a Beresovsky doll, who knows. Any ideas for the "optional" extra's on this one?
T.R.E Hugger, Anglesey,
Briton must behave itself properly. Shamelessly they are still thinking that they are the unquestionable âlordsâ like in 17th century. Briton must respect other countryâs constitution. How dare you Britons make such an issue while Britons are pampering 20 criminals, killers and terrorists from Russia? Britons are hosting almost all terrorist organisations in the world. The final aim of UK is to destabilise other countries and suck their lifeblood. Even historically Britons are looters. They want to do it again. THIS IS THE ANOTHER GAME OF US â UK EVIL AXIS. They failed in Middle East and they are desperately in need of money and oil for the survival of their economy. Now they are targeting Russia. YOU CAN EXPECT ANOTHER WAR TO DESTROY RUSSIA AND SUCK THEIR BLOOD OF OIL by these US-UK hyenas. It is for that they are now continuously disturbing Russia by some funny cases and missile shield. JUST IMAGINE HOW WILL IT BE IF RUSSIA DO THE SAME THING AGAINST UK AND USA.
Thompson, London, UK
This has got so out of hand, my only theory now is that berezovsky is paying of uk government officials... get real he is the one that orchastrated this whole thing
Ilya, Beijing, China
The interesting thing about this case, is that it almost certainly wasn't Lugovoy who carried out the poisoning. It looks to me as if he is being framed, probably by the inner FSB; a complex chess game indeed. Britain is in danger of being completely out-witted, if they are charging the wrong person. Never mind, I have a suggestion; Ms Rowling can write a new Harry Potter title, Harry Potter and the Two-headed Eagle: full of light, and dark, and more than a little magic! A bit more adult than her earlier style; but it'll be a killer.
H. Grattan, Johannesburg, South Africa
Briton must behave itself properly. Shamelessly they are still thinking that they are the unquestionable âlordsâ like in 17th century. Briton must respect other countryâs constitution. How dare you Britons make such an issue while Britons are pampering 20 criminals, killers and terrorists from Russia? Britons are hosting almost all terrorist organisations in the world. The final aim of UK is to destabilise other countries and suck their lifeblood. Even historically Britons are looters. They want to do it again. This is another war game of US â UK evil axis. They failed in Middle East and they are desperately in need of money and oil for the survival of their economy. Now they are targeting Russia. It is for that purpose they are now continuously disturbing Russia. Just imagine how will it be if Russia behaves the same way to UK and US?
Thompson, London, UK
Ah, bad Russians again!. The Cash for Honors enquiry has resulted in nil procecution and BAE investigation was stopped by the British PM. Had these taken place in Russia we'd hear no end of how corrupt Russians are, but here in UK, they even don't call it "sleaze" as in the old days. Maybe the whole Lugovoi affair was started to distract the public from these. British have a marvelous ability to see ills in other people backyards - never in the own.
And, dear Times, you never publish my messages - probably too contovercial for you. So much for free press in UK.
Eric, NY - Moscow,
What does the ambassador mean by saying extradition was refused "on the basis of an alleged constitutional ban without any supporting evidence or desire to work constructively around this issue." He should know if the ban is in the constitutuion or not. And is it the opinion of a country which respects the rule of law to suborn others to "work round" their own laws.
stephen Bull, fotes, france
Of course the suspect must be tried in England. But I don't think the matter was brought up in the right way to the Russians. I mean, you challenge an entire country and now it is of course a matter of saving face and preserving national pride for the Russians and that is why they are refusing to extradite the guy.
This should have been handled more quietly and without a public challenge to another country that would leave them no other choice but to act defiant to "save face". Putin knows that if he were to agree he would loose the image of power he's created for himself. Basic psycology...
Katerina M., Dubai, UAE
What was law in UK stopping Government sending back Chechen terrorists suspected of killing women and children In Russia, of for that matter sending back the Indian Music director suspected of involvement together with terrorists in murder of Hindu music producer in India, or for that matter suspected terrorist required for acts carried out in Yemen, or Abu Hamza required by US?
Ashwin Shah, London, UK
Well said Mr Holmes. 1 alleged terrorist and 20 other crooks seems to be a fair exchange for one alleged murderer - or does it? After all we were told there was a good case against some for political corruption here in the UK but surprise, surprise that case appears to have evaporated. Oh and then there were the Nat West 3 and the public outcry about uneven extradition rules - seems we like these when we are protecting our own. We have become a nation of riddled with sleaze and hypocrisy - is it surprising that the World laughs at us? BTW nip over to Russia and find out the truth about Mr Putin - or read Martin Cruz Smith's insightful account in The Times on the weekend. Having travelled extensively in Russia I can vouch for the accuracy of his comments.
John Swainson, Chippenham, UK
russia is new russia ,he want to kill all it enemies.they start from british.in asia they are have more powerful allies like india and china even pakistan is also on same boat. Russian are looking toward asia not europe.so they start at right time when american are fight a war of it own serviving
khan, gujranwala, pakistan
A diificult time ahead no doubt, thank goodness we have the strenth of the EU behind us. The influence countries like France and Germany can bring to bear to support us will be consideralble- i.e. Germany could cancel it's German/Russian oil/gas? pipe line which circumvents Poland- (so it won't affect other developing countries!) and France.........well France could............and France............
mike, oxford, england
What about Lugovoi's previous convictions ? Surely he merits Wanted posters throughout the EU airports ?
TomTom, Leeds, England
Looking through these posts I wondered whether D. Stanley inhabited the same universe as the rest of us or one of her/his own?
Extracting political capital indeed ... perhaps in the "stanley reality" the crime should have been quietly forgotten about.
Rohan, Solihull, UK
I love Russians, they have style
Bryan, Hong Kong, China
The fact the British government has replaced diplomacy with a smear campaign in the newspapers is an action without honour suggesting intentions are political and go far beyond the scope of this case. A gruesome premeditated murder was committed, whatever the truth of the matter, attempting to extract political capital from it is repulsive.
D. Stanley, Gourge, France
It's high time someone pointed this out. The Constitution is routinely violated in Russia and means little, if anything...
adrian, London/New York,
Britain should deport back to Russia the 21 that Russia has asked to be returned, one of them who has been involved in terrorism. I think Britain is being pathetic over this issue.
Barry Holmes, Christchurch, New Zealand