BORODIN'S LAWYERS CONTINUE STRUGGLING








NEW YORK, MARCH 7, 2001 (FROM RIA NOVOSTI CORRESPONDENT) -- A new application to cancel the requirement of Switzerland to extradite Pavel Borodin was handed in to the New York court by his lawyers on Tuesday evening, reported the office of the leading lawyer of the State Secretary of the Belarus-Russia Union State Barry Kingham.


	The memorandum signed by Kingham and his colleague Jacques Simmelman says that the governments of the USA and Switzerland could not substantiate the three key issues, necessary to win the case, in the documents submitted to the court. First, these documents do not prove the principle of the so-called double guilt for committing crime, Kingham and Simmelman write. The crimes which Borodin allegedly committed in Switzerland and what he is accused of in accordance with these documents are not punished as a crime in the USA.  


	Second, the memorandum further points out that it has not been established that Borodin was accused in Switzerland of committing any law violation. Such accusations have not been made. The Swiss investigator only suspected Borodin in law violation and would like to interrogate him. But this is not enough to require the extradition.


	Third, it has not been established that there are grounds to believe that Borodin committed any law violation in Switzerland. Speculative suggestions of the Swiss investigator cannot be regarded as obligatory arguments in the US court.


	The lawyers again point out that contrary to the assertions of the Swiss investigator Borodin did not commit any crimes in Russia, too. And there exists an officially registered position of the Russian government to this account. At the same time, they stress, only a notice, and not a warrant on arrest were received from Switzerland. In compliance with this notice Borodin should come to the interrogation.


	In connection with the absence of proof of Borodin's guilt the court should cancel the request of the Swiss and US governments on his extradition and terminate the case for the absence of the formal elements of a definition of a crime, the lawyers write in conclusion.


	The hearing on this application is scheduled for April 2.


	As far as the application of the lawyers to release Borodin on a bail is concerned it will be considered on March 9.