Bout's wife initiates resumption of trial on husband's illegal arrest.

21/9 Tass 139

BANGKOK, September 21 (Itar-Tass) - Viktor Bout's wife initiated a
resumption of trial hearings under Article 90 of the Thai Criminal Code on
illegal arrest and keeping in custody of the Russian businessman.
Alla Bout explained in an interview with Itar-Tass on Tuesday that
"the appeal complaint, as we expect, will be examined by the Royal Supreme
Court". "Appropriate documents were already forwarded to the court, and we
are waiting for a chance to review the case by the supreme instance," she
said.
Mr. But was arrested in Bangkok on March 6, 2008 on a written request
by the US embassy. According to the defence, the American side "did not
possess official documents for extradition, and therefore, requested
assistance from Thai colleagues in detention". Thailand slapped down
charges on Mr. But with material support for terrorist activities, and the
detention was made with an arrest order, issued by the police.
In the meantime, on March 7, that is a day later, a prosecutor
forwarded to court already an official order, "concealing the fact of the
presence of the first one, thereby, hoodwinking the judge". Under law,
this is a crude violation of procedure and, as a consequence, the very
arrest and keeping under custody are also illegal.
If defence lawyers succeed in proving this fact, the Russian should be
immediately released. Besides, the very procedure of the arrest was
conducted with crude violations: with the participation of agents of
American secret services, who having no jurisdiction in Thailand, searched
the businessman's hotel suite and participated in the detention process.
A month later, in April, the Thai prosecutor's office ruled not to
institute a criminal case against Mr. Bout over the absence of evidence
and to release the businessmen. However, he was not freed from custody
after all. The US forwarded an official request for his extradition, and
Bout was again arrested.
According to data of Alla But, Article 90 "is a priority document,
since given the arrest were illegal, a process of extradition is out of
question at all. According to Mr. Bout's wife, the criminal court ruled in
August 2009 that the arrest was legal after all. The defence tendered an
appeal; however, as Bout's wife reported, these documents were dismissed
by the instance.
"Now we want to resume the trial and to prove that the arrest was
illegal at all, and, consequently, Viktor is to be freed," she noted.
On August 20, the Court of Appeals satisfied the request of the
American side on the businessman's extradition to the US. However, the
plaintiff, unsure of the outcome of the case, slapped down new accusations
on the Russian, which eventually froze the extradition process. Americans
now ask Thailand to withdraw accusations.
However, this question is now under the jurisdiction of the Criminal
Court whose first session will be held on October 4.
-0-bur/gor