The Human Rights Court in Strasbourg, France has ruled: Russia may not extradite an Israeli to Colombia, where he would likely have faced an acute danger to his life.
Leading figures in both Israel and Europe believe that the ruling has likely saved the life of former IDF paratroopers officer Ya'ir Klein, 67, for two reasons: The broad extent of vilification to which he has been subject in Colombia, and the inferior level of civil rights in Colombia’s prison system.
The question now is whether Russia will honor the international court's ruling.
Klein was tried in absentia in Colombia on charges of training anti-government guerilla groups involved in terrorist activities in the 1980’s, and was sentenced to more than 10 years in prison. Following the issuing of an Interpol international warrant, he was arrested in Moscow in August 2007, and has been incarcerated there ever since.
Klein Says No Exchange
Last June, Russia said it would release Klein to Israel – if Israel would extradite in return Leonid Nevzalin, a Jewish Russian who is a top enemy of Russian President Vladimir Putin. A former president of the Russian Federation of Jewish Communities, Nevzalin is wanted in Russia for what many feel are trumped-up murder charges.
Klein, for his part, said he did not want to be replaced in Russian prison by another Jew. In a letter to his family members in Israel, Klein wrote, "I ask the government [of Israel], via my lawyers: Do not exchange me for Nevzalin. I have already undergone the difficult period of being under the Russian justice system... and there is no reason that another Jew should have to go through this nightmare.”
Klein's Life Endangered in Colombia
One of Klein’s Israeli lawyers is Mordechai Tzivin of Tel Aviv, an international-affairs lawyer specializing in representing Israelis incarcerated abroad and who is representing Klein at no charge.
Tzivin [at left] told Israel National News that he welcomed the court's decision: "This is a life-saving decision stating that a Colombian court ruling that was made illegally and in Klein's absence should not be honored. The Strasbourg ruling, which is based on reports we submitted from the UN, Amnesty and the European Union, accepts all our claims that Klein can expect torture and dangers to his life in Colombia, both because of the poor civil rights record there and because of his specific situation."
Optimistic About Russia
Asked whether he believes that Russia would honor the Strassbourg court ruling, Tzivin says he is optimistic: "For nearly two years, the Russian court system honored a temporary injunction by the international court against his extradition. Based on my long experience with the Russian legal system, I can say that the civil rights situation there is better than some countries in western Europe and, in some aspects, even better than in the United States. The stigma that America and Europe attribute to the Russians in this respect is not true, and is rooted in propaganda purposes. There is no reason why the Russian legal system should not respect the international human rights court ruling not to extradite him."
Others noted, however, that Colombian pressure on Russia, as well as Israeli ties with both Russia and Colombia, could complicate the matter. Colombia reacted with anger to the court ruling, saying it marked a "black page" in the history of civil rights.
Tzivin said that though he did not receive help from all quarters within Israel, he noted that "Avigdor Lieberman, before he became Foreign Minister, and former IDF Chief of Staff Amnon Lipkin-Shachak, General Giora Eiland and Brig.-Gen. Shimon Hefetz" had all helped.