Judgment
IN THE BOW STREET MAGISTRATES' COURT RUSSIAN FEDERATION V BORIS BEREZOVSKY
Judgment
01 June 2006
I am proposing to decline to issue a warrant in respect of Boris Berezovsky whose extradition is sought by the Prosecutor General's Office of the Russian Federation. Boris Berezovsky has the benefit of political asylum in this country, and under the provisions in relation to the Geneva Convention he cannot be returned to the Russian Federation whilst he has the benefit of that asylum. Therefore, if this court is to entertain this application, a lengthy process involving great expense to the British taxpayer would be embarked upon which would in effect be futile. This is because it would be impossible for the Secretary of State to order his extradition to the Russian Federation.
I am therefore exercising my discretion not to issue the warrant which would start a long and expensive exercise at the end of which the Secretary of State would be bound by the Geneva Convention, and unable to order extradition. It is not an abuse of process; the issuing authority are entitled to make the application, but the process would be futile, and that being so I decline to issue the warrant.
Tim Workman
Senior District Judge
01 June 2006