#26 - JRL 2007-163 - JRL Home
Russia Profile
July 27, 2007
Russia Profile Weekly Experts Panel:
A Tit-for-Tat with Great Britain
Introduced by Vladimir Frolov
Contributors: Nicolai N. Petro, Eugene Kolesnikov, Andrei Zagorski, Stephen
Blank
Last week, the new British government expelled four Russian diplomats and
tightened visa requirements for Russian officials in response to Moscow's
refusal to extradite Andrei Lugovoi, a Russian citizen whom the British Crown
Prosecution Service wants to be tried in Britain for the murder of Alexander
Litvinenko, who died of polonium poisoning last year.
There was no word of economic sanctions yet, which probably reflects the
British business community's reluctance to lose the handsome profits they are
making in Russia.
The United States strongly supported Great Britain, with Secretary of State
Condoleezza Rice calling on Russia to extradite Lugovoi. The EU, however, was
quite lukewarm to the idea of being dragged into another brawl with Russia on a
matter that did not directly concern other EU states.
The British move was met with surprise in Moscow, which up to the last moment
thought that the case could and should be dealt with as a criminal, rather than
political, matter.
Moscow's response was restrained and proportionate, expelling four British
diplomats, placing a visa ban on British government officials and suspending
joint secret service efforts on fighting terrorism. President Vladimir Putin
tried to play down the significance of the diplomatic crisis, and the Russian
authorities hastened to reassure British investors that they were safe doing
business in Russia.
Moscow also sought to emphasize that the British were simply asking too much
to change Russia's Constitution, which directly prohibits the extradition of
Russian nationals. The Brits were also accused of double standards and
duplicity, since London has a long track record of not extraditing those even
suspected of terrorism to third countries, including Canada and Germany, to say
nothing about Russia's most wanted man Boris Berezovsky. In 2001, British Home
Secretary Jack Straw refused to carry out the extradition of former Chilean
dictator Augusto Pinochet, despite a request from Spain and a concurring
decision of a British court.
Then almost immediately reports emerged that the British police arrested and
subsequently deported a Russian national who was plotting to assassinate
Berezovsky. The latter immediately claimed to be the target of a Kremlin attempt
on his life.
What is the real political significance of this stand off? Did the British
overplay their hand by insisting on Lugovoi's extradition while fully aware that
the Russian Constitution does not allow it? Was the Russian response justified?
What is the view from Washington and Brussels on the diplomatic war between
Russia and Britain? How will it all develop? What will be the consequences for
Russia's relations with the West and Russia's domestic developments in an
election year?
Professor Nicolai N. Petro, Department of Political Science, University of
Rhode Island
Leading Western press outlets like the Washington Post and The Times of
London have set new standards of journalistic inventiveness by speculating that
Britain's refusal to share evidence with Russia about the murder of Alexander
Litvinenko must mean that it has evidence that implicates the Russian
government!
Why has this evidence not been made public? Because the recently installed
Prime Minister Gordon Brown does not want to start his term by damaging
relations with Russia. The fact that the British have already done so by
expelling four Russian diplomats seems to have escaped their attention.
In contrast, the Russian press has been suggesting for months now that no
evidence is forthcoming because there simply is none. But, after all the media
frenzy in Britain about Litvinenko, admitting this would abruptly end Brown's
honeymoon with the press.
Both interpretations suffer from a lack of hard evidence, but as Mary
Dejevsky, lead writer for The Independent cogently notes, there are some rather
"perplexing" aspects to the UK's position.
The first is that British officials have failed to provide their Russian
counterparts with any evidence for the charges against Andrei Lugovoi (not even
an autopsy report on Litvinenko's death!), even though they know that, under the
terms of the 1957 European Convention on Extradition, an extradition request
cannot be fulfilled without some evidentiary basis. Britain has not invoked
Article 16 ("Provisional arrest") or even asked Russian authorities to institute
appropriate proceedings against Lugovoi, presumably because this would require
sharing "the files, information and exhibits relating to the offence."
In light of Britain's totally implausible demand that Russia violate its own
Constitution (Article 61, para. 1: "The citizen of the Russian Federation may
not be deported out of Russia or extradited to another state"), Russian
officials have called attention to their right, under Article 6 of the 1957
treaty, to refuse extradition. Still, the British government had the temerity to
make its request after having refused 21 separate Russian requests for
extradition!
Finally, there is the peremptory rejection of the idea that Lugovoi could be
arraigned on murder charges in Russia if, as required by the treaty, evidence to
support such prosecution were provided. Sir Ken Macdonald, director of public
prosecutions, even went out of his way to question the integrity of the Russian
judicial system, though he surely must know that it actually has a very good
track record when it comes to trying Russians for crimes committed abroad of
two hundred such cases, nearly a half has ended in convictions.
It would appear that Gordon Brown sees the entire Litvinenko affair as an
embarrassment from which to extricate himself, while scoring a few domestic
points with the British press for "standing up to Moscow." He could thus extract
maximum political benefit from an essentially empty hand, while simultaneously
distancing himself from his unpopular predecessor.
In the long run, however, if no new evidence emerges to build a case against
Lugovoi, Britain's only recourse may be to follow the terms of the 1957 treaty
and to participate in a trial of Litvinenko's murderer in Russia. Before it
comes to that, however, we will most likely see a far more sober-minded Gordon
Brown seeking to make amends with Moscow.
Eugene Kolesnikov, Private Consultant, the Netherlands
When a politically significant news story breaks out, the state and national
elites send signals to the media on how the story is interpreted by the
establishment in order to frame further discourse in accordance with state
interests. There are hundreds of ways to do that without violating the
principles of free media: news conferences, interviews and off-the-record
opinions of state officials, statements by opinion leaders and think tanks,
leaked documents etc.
Let's take a look at some of the signals sent by the UK establishment during
the first week after Litvinenko's death on November 23, 2006. Immediately
afterward, Peter Hain, Northern Ireland secretary, said that Putin's rule in
Russia was "clouded" by an "extremely murky murder" of Russian investigative
journalist Anna Politkovskaya, and that there had been "huge attacks" on liberty
and democracy during Putin's presidency.
He was soon joined by the Liberal Democrats' leader, Sir Menzies Campbell,
who said the government should have been "much tougher" on Putin, adding that it
would have to consider relations carefully if it were established that "state
terrorism" was perpetuated on British soil. British legislator Malcolm Bruce
joined the chorus by accusing Russia of backsliding on democracy, human rights
and media freedoms. "We have treated Mr. Putin with too much respect while we
have been watching him pursue these post-Soviet tendencies. I think we have a
situation where there is a growing realization that you can't really trust
Russia." he said.
During the same first week, press reports suggested that British intelligence
sources increasingly suspected that Alexander Litvinenko was the victim of a
plot involving "rogue elements" within the Russian state. When Russian
authorities confirmed that Russian citizens cannot be extradited to Britain and
have to be interrogated and persecuted in Russia, Tony Blair declares that no
political or diplomatic barrier would be allowed to stand in the way of the
British investigation into Litvinenko's death. At the same time, British
officials in Moscow were reportedly trying to explain the nature of the judicial
system in Britain and the fact that detectives operate independently of
political pressure, making clear that in Russia this would not be the case.
Thus, very quickly and efficiently, before the ink had dried on the
investigation order, the UK, as well as the Western establishment in general,
launched a public campaign against Russia. It was the second major campaign in a
row, the first being the assassination of Anna Politkovskaya, also spun in the
same manner. The fact that it should take a real stretch of the imagination to
suggest that Russian authorities would want to kill a minor former KGB officer
and cover half of Europe in radioactive traces leading back to Russia did not
matter as the story took hold with the public.
My reading of this and many other related stories is that the UK is playing a
geopolitical game against Russia in full coordination with the United States.
The aim of this game is to contain Russia and bring Europe back into the
Transatlantic alliance with a consolidated front against Russia. The West still
does not want to come to terms with Russia's independent foreign policy course.
Russian response to the British political and diplomatic escalation has been
measured and conciliatory to the extent possible, providing confidence that
Russia cannot be so easily shaken by political provocation.
Andrei Zagorski, Professor, MGIMO-University, Moscow
The case of Lugovoi does not have a political solution but can have a legal
one. The British authorities should recognize that the Russian Constitution
prohibits extraditing Russian nationals. Meanwhile, Moscow needs to realize that
London has good reasons to mistrust the Russian courts and prosecution. It would
be fair to expect reassurances from Moscow that the case would receive a fair
and politically unbiased court hearing. For this, the trial could admit not only
international observers, but British investigators should be given the
opportunity to conduct required investigative activities in Russia and to
represent the side of the prosecution.
Alternatively, Mr. Lugovoi could himself sue the British government either in
the UK or in a third country. He has good reasons to do so, since his
reputation, business and travel opportunities are affected by the current
dispute. He would not have to appear in court himself but could, instead, be
represented by lawyers.
Moscow should have a vested interest in bringing the case to a legal
resolution as soon as possible unless it fears that the eventual consequences
would outweigh the benefits.
Firstly, Moscow seems to suffer more from the unresolved dispute than the UK
does. It fits into the chain of cases, such as the assassinations of
Politkovskaya and Litvinenko, which fuel the impression that those murders have
been politically motivated and that Moscow is covering those who might have been
involved. This continues to damage both the image of Russia and that of Putin
personally.
Secondly, the attempt to compare the Lugovoi case to London's refusal to
extradite an exiled Russian oligarch Boris Berezovsky and the former
representative of the separatist Chechen government Akhmed Zakayev does not help
but, rather, hurts the Kremlin's reputation. This argument reinforces the
impression that the reason not to extradite Lugovoi is political, with the legal
argumentation provided only as a flimsy excuse.
Professor Stephen Blank, The US Army War College, Carlyle Barracks, PA
(Dr. Blank's views as contributed to Russia Profile do not represent the
position of the U.S. Army, Defense Department or the U.S. Government)
While we are only at the beginning of the controversy over Lugovoi's
extradition, this episode will surely further damage Russian relations with the
West because it reinforces the perception of the values gap separating Russia
and Europe. The issue over the Russian Constitution not permitting extradition
is overblown because, as the Economist has pointed out, such issues have in the
past been handled by other countries in an expeditious way.
As for Britain's refusal to extradite people wanted by other states, this
must be understood in terms of the British tradition of hosting political
refugees and giving them shelter. Lugovoi's murder however, is not a political
crime as in Pinochet's case but rather a purely criminal act.
Russia's incomprehension of the British response and of the EU's support for
it underscores once again that it believes everyone conducts their affairs with
the same cynicism and brutality that Moscow does, and that talk of democracy is
nothing more than a sinister power play aimed at undermining Russia. While such
talk may play well in Russia, it is utterly misguided and ultimately reflects
the self-isolating, even paranoid and ethnocentric elements of Russian policy so
prevalent these days.
Although this episode is unlikely to affect U.S.-Russian ties in any serious
fashion, it is another blow to Russo-European relations. Litvinenko's murder and
the Russian reaction to it have re-invoked the presumption of political murder
being a standard Russian response to domestic dissent, raising questions about
Russia's G-8 membership and claims for special rank and privilege. In addition,
a fugitive tycoon Leonid Nevzlin in Israel also has claimed that Putin's people
have tried to kill him, and the revelation of a recent murder plot aimed at
Boris Berezovsky only heightens this presumption.
As for the justifications offered for Russia's response, the most one can say
is that it was proportionate to Great Britain's actions. Its restraint suggests
that Moscow knows full well that London's stance was justified. Unfortunately
such episodes only reinforce the conviction that Russia is regressing to
behavior redolent of the Soviet period and that it cannot be completely trusted
as a full partner for Europe.
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