Right of Reply to the Russian Federation
As delivered by Chargé d’Affaires, a.i. Harry Kamian
to the Permanent Council, Vienna
August 31, 2017
Thank you, Mr. Chair.
As my delegation only learned this morning that Russia intended to speak about my country under this Current Issue today, I reserve the right of reply to return to this topic as necessary in the future.
I would like to reiterate the facts about Mr. Yaroshenko’s case as we have stated in the Permanent Council previously:
The United States fully complied with all of its international and domestic legal obligations in the apprehension, prosecution, and conviction of both Mr. Yaroshenko and Mr. Bout. Officials from the Republic of Liberia National Security Agency arrested Mr. Yaroshenko on May 28, 2010. The Government of Liberia subsequently issued an expulsion order, and Liberian officials transferred custody of Yaroshenko to the U.S. Drug Enforcement Agency (DEA) on May 30, 2010. The DEA then transported Yaroshenko to the United States along with four other individuals also under indictment.
No evidence supports the claim that Mr. Yaroshenko was beaten or tortured, either during his detainment in Liberia or during his transfer to the United States. The Federal Bureau of Prisons medical intake form that was completed by Yaroshenko, although it referred to his medical history in Russia, did not state that he suffered from any painful conditions or injuries. No medical or dental record of Yaroshenko generated since his arrival in the United States substantiates his claims of torture or beatings. Yaroshenko, who speaks English, regularly sees doctors and has voiced no complaints through official channels.
Yaroshenko was tried in a court of law, in New York, in November 2011, and afforded due process. Mr. Bout was convicted of conspiracy to kill U.S. citizens and officials, attempting to acquire and use anti-aircraft missiles, and of providing aid to a terrorist organization – the Revolutionary Armed Forces of Colombia (FARC). In April 2012, he was sentenced to 25 years imprisonment and is currently in the U.S. Penitentiary in Marion, Illinois. His appeal was denied in 2013.
The United States categorically rejects any claims that the United States government is involved in the kidnapping of foreign nationals and that it operates in manner inconsistent with its international obligations. Upholding and respecting those obligations is a responsibility we take very seriously.
Regarding the Guantanamo Bay detention facility, the Administration is continuing to review its policy regarding the future of the facility.
Thank you, Mr. Chair.