Interfax's Interview

Do you think that Russian-British relations have entered a crisis? If so, will it last for long?

I wouldn’t use the word ‘crisis’ to describe Russo-British relations.  We have a booming economic relationship, closer and closer ties between our peoples, and a growing record of close cooperation on a range of international issues, such as Iran’s nuclear program, the status of Kosovo, and the need for stability in the Middle East.  Where we differ sharply at the moment is over the Litvinenko affair.  It is surprising to me that the Russian authorities do not see their own national interest in putting on trial, in the place where most of the evidence and witnesses are available, a suspected murderer and carrier of highly toxic radioactive substances.

Why are you jeopardizing Russian-British relations for this one case?

First, we are not jeopardizing British-Russian relations.  We have said a number of times - indeed, the Foreign Secretary made clear on Monday - that we want strong relations with Russia across a range of issues.  However, the Russian authorities must understand the seriousness of the death of Mr. Litvinenko for us.  This wasn't an everyday incident - a UK citizen suffered a horrifying and lingering death; hundreds of others were put at risk of radiation contamination; and we have a duty to ensure the safety of all citizens, from all communities, living in the UK.  And remember, the British public would not accept such crimes going unsolved because British courts cannot try the main suspect - this is not the British way of administering justice.

But if it is a criminal issue, why are you politicizing it?

We are not.  The criminal justice system in the UK works independently of politics.  That system has weighed up the evidence, and found that Mr. Lugovoi has a case to answer.  This legal route remains open.  But the Russian refusal to provide a satisfactory response to our extradition request for Mr. Lugovoi means that the justice system is temporarily blocked.  It is therefore entirely proper that the Government steps in to protect the integrity of our legal system.

The Russian authorities have offered to hold a trial of Lugovoi in Russia.  Why have you rejected this?

We considered carefully the option of a trial in Russia.  But the Crown Prosecution Service - which, I should remind you, is independent of Government - rejected this proposal.  They note that the crime was committed against a British citizen, and took place in London.  The appropriate venue for the trial is therefore London.  Moreover, both the UN and the EU have stated publicly their concern that the law in Russia is applied selectively.  There would therefore be grounds for a legal challenge against any attempt to accept a trial in Russia.

Ultimately, Article 61 of the Russian Constitution could not be clearer.  We cannot extradite our own citizens.  Knowing this, why do you continue to demand the extradition of Mr. Lugovoi?

Russia's Constitution, like those of other States, is clearly capable of interpretation in the light of circumstances.  For example, it states that economic activities aimed at monopolization are prohibited (Article 34); that people have the right to choose freely their place of residence in Russia, including in Moscow (Article 27); and that Duma deputies cannot engage in paid work (Article 97).  We are not asking Russia to disobey its own Constitution - but to work with us creatively to find a way around this impediment, given the serious and unprecedented nature of this murder.  Such cooperation has not been forthcoming.

The Russian Foreign Ministry has argued that you are being hypocritical - demanding the extradition of Lugovoi from Russia while refusing the extradition of Berezovsky or Zakayev to Russia.  What is your response?

These are all separate cases.  The British Government cannot just 'decide' to extradite anyone - it is up to the independent British courts, weighing up the evidence provided by the Russian side, and taking into account the UK's obligations under European and international treaties.  The courts have not yet agreed to extradite, and there is therefore nothing the Government can do. 

Indeed, we have cooperated closely and at length with the Russian Prosecutor General's Office to explain how these rules work.  Lugovoi's case is entirely different.  It is the Russian government, not the courts, who have decided not to extradite.  And it was done, not on the basis of the evidence submitted, but on the basis of an alleged Constitutional bar, without any supporting evidence or desire to work constructively around this issue.  And that is unsatisfactory.

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