After a long conversation with Ely Goldin I wrote up this report.
Roman
Seleznev, renditioned from the Maldives to Guam by US agents, will most
likely be sent to the United States to face charges of cyber fraud in a
case that has dangerous implications in that the impunity with which
the US kidnaps suspects of any country anywhere in the world will be
allowed to stand.
The fact that
the hearing determining whether the US acted within the law in
kidnapping Mr. Seleznev was held in a US Court raises serious questions
as to the impartiality of the decisions, again underlining the
double-standards which seem to be the foundation of US foreign policy
and it actions with regard to international law.
In
a telephone conversation with Rossiya Sevodnya correspondent John
Robles, Roman Seleznev’s US based lawyer Ely Goldin gave Rossiya
Sevodnyat the latest update on the case, revealing that the removal
hearing and the eventual transportation of Roman Seleznev to the United
States will take place very soon.
According
to Mr. Goldin after a day-long hearing in the US Federal Court in Guam
Judge Frances Tydingco-Gatewood denied the motion to terminate the
prosecution on the grounds of “Outrageous Government Conduct” that
shocks the conscience of the court.
The
judge stated that the court in Guam has limited jurisdiction in the
case and can only decide on the validity of the indictment out of the
Federal Court in Seattle Washington and on whether the Roman Seleznev
appearing in her court is the same Roman Seleznev as in the indictment.
According
to Ely Goldin the US based lawyer for Seleznev Judge Frances
Tydingco-Gatewood stated that Mr. Seleznev would be free to pursue
litigation and file complaints in the US Federal Court in Seattle,
Washington. She stated that the court in Guam was just a “waypoint” and
its authority was limited and circumspect.
Judge
Frances Tydingco-Gatewood stated that given prior decisions in US
Appelate Courts and in the Supreme Court wholesale kidnapping and even
torture do not deny a court jurisdiction and in fact are irrelevant. The
only thing that matters is that the person appears in front of the
court.
According to lawyer Ely
Goldin the last step before a removal hearing has already been carried
out. This step was an informal identity hearing where Judge Frances
Tydingco-Gatewood determined that the “minimal burden” of proof had been
met to continue the prosecution and removal of Mr. Seleznev. In meeting
a “minimal burden”, in effect, the government merely has to state the
name.
As Mr. Seleznev’s name is
the same on the indictment according to US federal law, this is enough
to arrest and prosecute him. Therefore in practice any person in the
world with the name Roman Seleznev can be renditioned and forced to
appear in front of a US court and it does not matter how that person was
forced to appear in the court or even if the person is a citizen of the
United States or was captured in a country without relevant treaties
for extradition.
Lawyer Ely Goldin
said the next step will be the removal hearing but that the court has
not yet set a date. However this will occur in the very near future.
___________________________________________________________________________________________________
Hello, this is John Robles. I am
speaking with a source at Male airport in the Maldives, who witnessed
the detention of Roman Seleznev. The speaker's name has been kept
anonymous for his own safety.
Robles:
Hello, sir, thank you for agreeing to speak with me in the middle of the
night, I really appreciate it. You witnessed the detention of Mr.
Seleznev, can you tell us what you saw?
Source:
What I saw was while they were at the departure hall: there was one of
my friends, who was accompanying the three of them, one was a man, there
was a little daughter and there was a woman.
Clearly, there were two white guys who
were having a conversation with him. The other guy, he did not resist
anything. I was a bit far away, but I saw him being cuffed by the two
Americans (as we later found out).
And I thought it was a normal Interpol
operation which we often see in Male airport anyway, so we did not
bother to check who he was, we did not bother to come near him, but
after three days we realized it was not a normal arrest. It was the
Americans and it was the Secret Service. I found it from the news that
it was not Interpol.
Anyway, clearly, it was not local
police who talked to him; it was the two white guys. I can remember one
very clearly, one was wearing a green T-shirt and jeans type pants. He
cuffed him.
Then we started watching the guy who
was being cuffed, and he was very cool actually, very calm. What he did
was he put his jacket or shirt on his wrist so that we couldn't see that
he had been cuffed. He was cuffed from the departure hall and then he
was walked by these two guys (two American guys), there were some local
police behind him, but they were not engaging in anything, they were
just behind him. And he was walked to the CIP lounge, which is the
"Commercially Important People" lounge which is normally called the VIP
lounge, and he was taken there in front of everybody!
There're other witnesses as well. It
wasn't very secret; he was taken away in front of us. And the lady with
the daughter went through the normal departure hall.
Robles:
Why was he taken to the lounge and did the wife and the daughter protest
or did they just go and get on the plane?
Source:
They were talking, they were engaged in some conversation, but I didn't
hear it.
Later I asked the guy who was the
representative of Kanifushi, which is the resort he was based in, he
told me, the two guys came and said: "You will come with us", or
something like that. And there was no paper produced at the time of this
arrest.
Robles:
They didn’t produce any papers, warrants…? Nothing?
Source:
Nothing, just cuffed him; that is what we saw. And why he was taken to
the VIP lounge; well, the process is if they are leaving by private
jets; anybody can go through that lounge. It's a private lounge, so
nobody could actually see what is going on when they go through there. I
later talked to the guys who were handling the flight; the guy told me
that he was calm, but the two guys literally threw him onto the flight.
Robles:
They threw him onto the airplane?
Source:
Yes. They were very nice on the inside, but at boarding time they
literally pushed him into the plane.
Robles:
They physically threw him, pushed him into the plane?
So, what you are telling me is: when
people could see them, they were polite and normal, but when they though
no one was watching, they were very violent.
Source:
I can't say violent or anything like that, but the guy who handled the
flight said it wasn't nice. He said he was pushed into the plane.
Robles:
His wife Anna gave a press conference and said that while these guys
were in the lounge with her husband, she heard them screaming at him,
and he kept saying "No! No!"
Source:
There was definitely a heated conversation. I mean he physically didn't
resist, but he was saying something, I could see that. Like I said, we
didn't go near there; we didn't bother to check that because it is a
normal sight that people are being carried away in front of us here.
These arrests.
Robles:
That's normally Interpol or is it Americans who do that?
Source:
They were one hundred per cent Americans. That's not… It was confirmed
only three days later. I even Tweeted about it the day it happened but I
wanted to disregard it because I thought it was just a normal case.
Robles:
I'm sorry, what I was asking is it normal for Interpol to arrest people
or is it normal for Americans to arrest people there?
Source:
For Interpol. Because we are working in the airport, for us an arrest is
just a normal thing. Sometimes people are drunk and they have to be
arrested. But in this case, it was definitely not locals, it was
Americans, I mean too white guys, it was not locals.
Robles:
Ok, because the news reports out of the Maldives… The Maldive
authorities said that it was locals.
Source:
That's not locals, that's not true. If you go through my Twitter
timeline on that day you can see exactly.
Robles:
Everyone who has been there has said the same thing. Does Interpol
normally use local police?
Source:
There are some cases that I know of which happened in 2011. Even then
the president was involved in a case, but he didn't want to handle just
like that, without any warrant or without any court case. But this time
it is different, this time they just came, cuffed, took him.
Robles:
As far as I know, in the Maldives the law is that if someone is going to
be extradited they have to go through a court, right? Then they have to
have a finding and after that they have to have an extradition order,
right?
Source:
Right! Yes! Through the news I read that they tried for the court order
but the judge refused.
Robles:
For Mr.Seleznev the judge refused an order?
Source:
The judge refused to give an arrest warrant to police.
Robles:
What did you hear? What was the reason?
Source:
There was no reason, I have the article which is in local. They changed
some parts yesterday, but I have a copy which I have saved locally, in
which it is said he was arrested on the advice given by the Attorney
General that when they put the exit stamp on his passport, they can
arrest him.
Even though he is in the Maldives, if
his passport is stamped "exit", they could arrest him.
Robles:
Did they stamp his passport?
Source:
I don't think they did in the departure hall when they were there. They
could have done that in the lounge.
Robles:
I see. Or they could have done it later.
Source:
They could have done that, but everybody knows it is a stupid reason for
an arrest.
Robles:
This is also very important. You have just mentioned that they changed
the story.
Source:
They changed the story and they have a local version on their site. I
have the original and it states that they arrested him on the advice by
the Attorney General. If they put this exit stamp on his passport they
could arrest him.
Robles:
In the new story that is not there?
Source:
That part has been cut out. Nobody gave an explanation why.
Robles:
I see. Very interesting. Do you know anything about this airline?
Source:
The company that handled the aircraft, I think, was SkyTours from here,
locally. Normally they are the handling agents for jets.
Robles:
Did you see this aircraft? Again the company is called "VistaJet"!
Source: "Vistajet"
could be the parent company, but the local handling party was not Vista
anything. It was SkyTours.
Robles:
Did you see any other Americans or did you only see two? Did you see any
people with bulletproof vests?
Source:
No, nothing. They were in normal casual clothes because the Maldives is
a very peaceful place and I don't think anybody would need bulletproofs
and all sorts of weapons in the airport. It's really very calm.
Robles:
What else have you heard that would be interesting for our listeners?
Source:
The interesting part would be the part that I've told you: this arrest
was done on an advice by The Attorney General and because the judge
refused to issue a warrant.
And now the American counterpart is
saying that the Maldives arrested him and for the past two or three days
we can see from official US statements that Interpol was not mentioned,
it was clearly mentioned "Secret Service", but all of a sudden day
before yesterday we saw it was on Interpol's Notice.
Robles:
What do you mean it was on Interpol’s notice?
Source:
They said he was on Interpol’s watch list, but in none of the official
statements from the US could we see any Interpol mentioned – it was
clearly said Secret Service.
Robles:
So, one: there was no Interpol, it was the US Secret Service; originally
there was advice from the Attorney General, that was taken out of the
news, right? And originally there were stories that the judge refused to
issue a warrant. To whom? To the Americans or to the police?
Source:
To the police, but I'm not sure. Anyway, if there was any operation, it
would be the police, but the judge refused.
Robles:
Let me make sure I have this correct: the Americans wanted to arrest Mr.
Seleznev and therefore, asked the judge for a warrant, or the police
asked the judge for a warrant. But the judge refused to issue the
warrant against Mr. Seleznev. Then, on the advice of the attorney
general the Americans kidnapped Mr. Seleznev as long as he had an exit
stamp in his passport: it was ok to do that?
Source:
Yes, that is what we learnt from the news. That part has been cut out.
Robles:
Is there anything else you can tell us?
Source:
It's basically it, because it didn't take much time. It took maximum
five minutes from the departure hall to the VIP longue.
Robles:
Were his wife and his daughter detained or harrassed or pushed around in
any way?
Source:
No, nothing of that sort. They immediately separated his family and took
him away with them after handcuffing him.
Robles:
So, he didn't have a chance to say goodbye to his wife or talk to her?
Source:
After they cuffed him, we got out of the departure hall. Then again we
saw him been walked in front of us to the arrival hall.
Robles:
Is it normal when they arrest people to take them to this CIP "VIP"
lounge?
Source:
No, it's not normal. They would be taken out from some other entrance.
Robles:
So, it was very unusual that he was taken through the VIP lounge.
Source:
Yes, we were talking about it because there were so many people in the
arrival hall, and they saw that he was cuffed and was being walked from
the departure hall through the arrival to the VIP-lounge. When we
started watching him, he put his jacket or coat on his wrist.
Robles:
He did it himself?
Source:
Yes.
Robles:
What do you mean "he was walked"? Was he forced?
Source:
He was, obviously, cuffed, the other two on both sides.
Robles:
Did they have guns?
Source:
Not visibly.
Robles:
Is it possible, that they were pointing a gun at him?
Source:
No.
Robles:
Okay. Thank you, I really appreciate this.
This is John Robles, I am speaking
with an anonymous source at Male airport in the Maldives, who witnessed
the detention of Roman Seleznev. The speaker’s name has been kept
anonymous for his own safety.
__________________________________________________________________________________________
Americans involved
Roman Seleznev's common law wife Anna
Otisko, who was with him at the airport when he was detained, described
Roman's captors during an emotional press conference she gave to Russian
media along with Roman’s father, Russian MP Valery Seleznev. She
described how American CIA agents arrested and interrogated Roman. She
said that the agents were clearly not from among the local population as
they were Caucasian and spoke in clear American English. With tears in
her eyes she described how she could hear the agents aggressively
questioning Roman and how he repeatedly replied "No! No!" to their
questions.
Other witnesses also report that a
team of American agents was seen whisking Mr. Seleznev away to an
awaiting private aircraft and treating him in a very aggressive and
forceful manner. Witness statements contradict the official statements
coming out of the Maldives that it was a completely local operation and
that police were lawfully carrying out an Interpol red notice warrant.
Given that local laws that require such suspects to be allowed a hearing
in a court before extradition after which a proper order must be handed
down were completely ignored, the case is completely identical of the
detentions of Victor Bout and Constantin Yaroshenko.
CIA
flight exposed
As with all CIA rendition operations
the devil is in the details, and although the CIA always attempts to
keep their infrastructure secret there are always clues left behind that
an alert investigator can use to cross the "T"s and dot the "I"s, the
rendition of Mr. Seleznev being no exception.
Mr. Seleznev was supposed to have
taken TransAero flight UN 510 departing from Male International Airport
in the Maldives at 11:55 to Moscow’s Vnukovo Airport but was never
allowed to board that flight.
According to flight tracking
information after his quick detention and questioning Mr. Seleznev was
whisked away on a Bombardier Global 5000 aircraft owned by VISTA JET
with flight number Vistajet 510. According to flight information the
scheduled departure time was 11:00 local time but for some reason it was
delayed and departed 19 minutes later. This delay was no doubt due to
the unpredictable nature of the rendition, though it shows that the CIA
expected the procedure to take much less time. The time also coincides
with the fact that Roman would have arrived on the airport earlier to
register for the flight and although his hotel could not be reached I
would assume that the CIA already knew in advance when Roman would
arrive by taxi to the airport. Vista Jet flight VJT510 arrived in Guam
at 02:33, four minutes ahead of schedule.
After arriving in Guam the aircraft
then flew to Dalian, Liaoning in the People’s Republic of China - a fact
which may be unrelated but seems rather suspicious given the nature of
the aircraft and the mission it had just been on. Perhaps the aircraft
had legitimate clients on board, however Vista Jet refused to comment on
any aspect of this story.
Under current difficult economic
times when airlines continue to go belly up worldwide, Vista Jet seems
to be an exception as it is flourishing, which is fully in line with the
fact that the airline appears to be used by the CIA for operations such
as rendition flights. Again Vista Jet refused to comment when I
contacted their representatives. According to Vista Jet’s site in
November of 2012 Vista Jet placed the single largest transaction in the
history of business aviation by placing an order for Bombadier Global
Jets worth $7.8 billion dollars.
Identity theft
After reading the Grand Jury
Indictment handed down against Roman Seleznev it becomes clear why a
Secret Grand Jury was used to target him. The United States has no
evidence and is basing their persecution on the fact that the name Roman
Seleznev was used by the criminals they are seeking in what can only be
described as identity theft. If the date on the indictment is correct,
March 16 2011, then it is also suspicious why Roman was involved in a
terrorist attack shortly thereafter. If we recall Roman was one of the
victims of a terrorist attack in Marrakech, Morocco on April 28th 2011,
a fact that may point to a failed CIA execution attempt and might be
fuel for conspiracy theorists.
The indictment covers the targets of
the alleged hackers and any investigator worth his salt would probably
never file charges against an individual on such contradictory
circumstantial evidence. Hence the reason the Grand Jury mechanism was
used. The targets of the "hacker" include small local cafes and
localized targets that no international "super hacker" would go after. I
would suggest the investigators look into disgruntled local residents if
they are really interested in finding the perpetrators of the crimes
they allege. As Roman only has basic computer knowledge it is not
possible that he is the person the US seeks.
In the US Grand Juries meet in
secret, their evidence is kept hidden and their findings are not subject
to oversight, hence it is the ideal tool for political prosecutions with
a pre-determined outcome like those of Julian Assange and other
information activists. In such cases evidence is almost impossible to
gather, which also explains why Roman was being pressured and kept under
conditions amounting to torture as US agents attempted to force him to
confess that he is the Roman Seleznev they are looking for.
Rather than admitting they have made
a mistake, free the illegally detained Seleznev and apologize for
conducting yet another illegal rendition, the US Government will
continue to make an abomination of international law and illegally
detain yet another Russian citizen for a crime he did not commit. Here
we can recall Victor Bout and Constantin Yaroshenko who are locked up in
American prisons for "conspiracy to commit crimes" and not for actual
crimes committed.
I hope that Roman will be freed soon
as he has done nothing wrong, but as with all political prosecutions the
US will be highly unlikely to admit they made a mistake. As for Vista
Air, they may be just an innocent organization used by the CIA and not
involved in anything nefarious, but nevertheless I would fly on Aeroflot
or Transaero just to be on the safe side. Given the fact that Mr.
Seleznev is a Russian citizen and was taken against his will illegally
from the Maldives, one might take up the issue with Vista Jet, their
number is 44 207 0 605 700. For some reason they did not want to talk to
me.
Please
contact me if you have any information on this issue.