Extradition Treaty Between Belarus And The United States: What's The Status?

Belarus and the United States do not have an extradition treaty. This means that the United States is unlikely to gain custody of defendants in the United States who are in Belarus. This has been the case for defendants charged with conspiracy to commit aircraft piracy and for an American who has been indicted on charges related to the Capitol riot.

The US does not have an extradition treaty with Belarus

The United States does not have an extradition treaty with Belarus. This means that the U.S. is unlikely to gain custody of defendants in criminal cases unless they travel to a country that does have an extradition treaty with the U.S.

For example, in 2021, U.S. citizen Evan Neumann was charged with assaulting police officers and other crimes related to the January 6 riot at the U.S. Capitol. Neumann fled the U.S. and sought asylum in Belarus. As there is no extradition treaty between the two countries, Neumann cannot be extradited to the U.S. to face charges.

Similarly, in 2021, Belarusian officials arrested journalist Roman Protasevich and his girlfriend Sofia Sapega after forcing a Ryanair flight to land in Minsk. The U.S. Attorney for the Southern District of New York filed a one-count indictment against several Belarusian officials, charging them with conspiracy to commit aircraft piracy. However, as there is no extradition treaty in place, the U.S. is unlikely to gain custody of the defendants.

The absence of an extradition treaty between the U.S. and Belarus has implications for law enforcement and national security. It provides a potential refuge for individuals seeking to evade U.S. jurisdiction and can hinder efforts to apprehend fugitives and other wanted criminals.

The lack of an extradition treaty also reflects the strained diplomatic relations between the two countries. Belarus has been accused of human rights abuses, including torture, arbitrary detention, and restrictions on freedom of expression and media freedom. The U.S. has imposed sanctions on Belarus and targeted individuals and entities with asset freezes and visa restrictions.

The US has indicted a US citizen seeking asylum in Belarus

The United States has indicted Evan Neumann, a US citizen who is seeking asylum in Belarus, on 14 criminal counts related to the January 6 riot at the US Capitol. Neumann, who owns a handbag manufacturing business, is accused of assaulting police officers, obstruction and other offences.

Neumann has been indicted in Washington on charges that expand on those contained in a criminal complaint filed against him in March. A warrant has been issued for his arrest, and the case is being investigated by the FBI.

Neumann, who was interviewed by Belarusian state-controlled TV channel Belarus-1, said he had followed his lawyer's advice and fled to Europe. He stayed in Switzerland and Italy for some time, then went to Ukraine for four months. In August, he was detained by Belarusian border guards for illegally crossing the border from Ukraine. He decided to flee to Belarus and seek asylum there after Ukraine's security services started expressing interest in him.

The US does not have an extradition treaty with Belarus, and it is therefore unlikely that the US will gain custody of Neumann unless he travels to a country with an extradition treaty with the US.

Neumann is one of over 700 people who have been arrested for crimes related to the breach of the US Capitol, including over 220 individuals charged with assaulting or impeding law enforcement.

Belarus has a history of human rights abuses

Belarus does not have an extradition treaty with the United States. This has allowed some individuals, such as Evan Neumann, who was indicted on 14 criminal counts relating to the Capitol Riot, to seek asylum in the country.

Freedom of Expression

The right to freedom of expression is severely restricted in Belarus. Amendments to the criminal code have made it easier for authorities to prosecute individuals for "crimes of an anti-state orientation" and introduced liability for "discrediting" the armed forces and government forces. Books and printed products are outlawed for featuring "extremist content," and people are routinely arrested for subscribing to "extremist" Telegram channels. Independent media outlets are excluded from state distribution networks, and journalists are often arrested and censored.

Freedom of Association

The Belarusian government has intensified its crackdown on independent civil society organizations, NGOs, professional organizations, and ethnic and religious communities. All 12 parties opposed to the government were refused re-registration and dissolved ahead of the 2024 elections. Arbitrary charges of "extremism" have been used to close civil society organizations, and individuals have been arrested and sentenced for "financing extremist activities or organizations."

Freedom of Religion and Belief

As part of a crackdown on dissent, all religious organizations were required to undergo re-registration or face closure. There has been continued repression against Catholic priests, with several priests beaten during a search of a cathedral in Minsk. The authorities have also continued to persecute the New Life Protestant Church, demolishing their church building and arresting pastors.

Freedom of Peaceful Assembly

The right to freedom of peaceful assembly is severely restricted. Authorities continue to track down, prosecute, and imprison both peaceful protesters and those who support them, including through donations.

Torture and Ill-Treatment

Torture and ill-treatment are widespread and endemic in Belarus, with perpetrators enjoying impunity. Individuals convicted under politically-motivated charges face harsh treatment and inhumane conditions, including denial of adequate healthcare and contact with family members.

Refugees' and Migrants' Rights

Belarusian authorities have lured refugees and migrants to the country with false promises of easy passage into the EU, only to forcibly push them across EU borders, where they face pushbacks and abuse.

Death Penalty

Belarus is the only European country that continues to use the death penalty.

Right to a Healthy Environment

According to the WHO, air pollution in Belarus, mainly from vehicle emissions, is three times greater than the recommended safe limit and contributes to a significant number of deaths from stroke and heart disease. The country's climate policies are incompatible with its obligations under the Paris Agreement.

The US has indicted Belarusian officials for aircraft piracy

The U.S. Attorney for the Southern District of New York has indicted four Belarusian officials for conspiracy to commit aircraft piracy. The four accused are the Director General and Deputy Director General of the Belarusian state air navigation authority ("Belaeronavigatsia"), and two officers of the Belarusian state security services. The indictment alleges that the defendants conspired to convey a false bomb threat to the pilot of Ryanair Flight 4978, forcing it to divert to Minsk, Belarus, where a dissident journalist on board, Roman Protasevich, was arrested.

The U.S. indictment charges the defendants with violating U.S. federal law by committing aircraft piracy on a plane where a U.S. national was aboard. There were four U.S. citizens among the approximately 132 passengers and crew members on the flight. The indictment further alleges that the defendants provided false information to endanger the safety of an aircraft in flight, in violation of the 1971 Montreal Convention.

The U.S. does not have an extradition treaty with Belarus, so it is unlikely that the U.S. will gain custody of the defendants unless they travel to a country with which the U.S. has such a treaty. The Belarusian defendants remain at large. However, the U.S. Attorney's Office has stated that U.S. authorities will rely on the assistance of foreign law enforcement to bring the defendants to the U.S. for trial.

The indictment against the Belarusian officials is one of the most detailed accounts of how the fake bomb threat was used to force the Ryanair flight to land in Minsk. It alleges that the head of Belarus' state aviation authority, Leonid Mikalaevich Churo, and a state security official, identified as FNU LNU, conveyed the false bomb threat to air traffic controllers before the flight departed from Athens. Churo and FNU LNU then allegedly barred the controllers from alerting authorities in Ukraine about the threat while the flight was in their airspace. Once the flight entered Belarusian airspace, the pilots were informed of the false bomb threat and told that it would explode if they diverted to Vilnius. An air traffic controller then declared a "code red," indicating a credible threat requiring an immediate landing.

After the plane landed in Minsk, the passengers were ordered off and detained at the terminal, where Protasevich and his girlfriend, Sofia Sapega, were arrested. Belarusian officials then began a cover-up, which included ordering subordinates to create false incident reports. The charge against the defendants carries a maximum sentence of life in prison and a mandatory minimum sentence of 20 years in prison.

Belarus has a poor record of freedom of expression

Belarus does not have an extradition treaty with the United States. This was highlighted in a case where an American citizen, Evan Neumann, fled to Belarus after being charged with assaulting police officers and other crimes related to the January 6 riot at the U.S. Capitol.

Belarus has a poor record when it comes to freedom of expression, particularly in the realm of media freedom and the treatment of journalists. Here are 4-6 paragraphs detailing Belarus's poor record on freedom of expression:

The country has been ranked low on various press freedom indices and has been designated as "Not Free" in terms of press freedom. The government routinely harasses and intimidates independent and foreign media, especially when reporting on sensitive issues such as human rights abuses and the deteriorating economy. Journalists face detention, censorship, and even physical violence for their work. The Belarusian government has also blocked and filtered websites and social media platforms, and employed sophisticated surveillance techniques to monitor its citizens' online activities.

Since the 2020 presidential election, there has been an increase in repression against online journalists, activists, and internet users. The government has used systematic surveillance to monitor citizens and control online communications without independent authorization or oversight. They have also sought surveillance and hacking tools from other countries, as well as developed domestic capabilities to access communications data from various sources.

State television in Belarus has been complicit in this repression by obtaining surveillance footage and wiretap transcripts from state security services to produce pro-government documentaries and coverage. Telecommunications operators are required to install surveillance equipment, allowing the government to monitor traffic and access user data without judicial oversight. Internet service providers must retain information about their customers' browsing histories and turn over this information to the government upon request.

Independent media outlets in Belarus have faced significant challenges. The government has shut down major independent media organizations, prohibited or censored reporting, and tightly controlled the content of state-owned broadcast and print media. Journalists have been subjected to arbitrary detention, arrests, and harassment, with some even facing threats to their lives.

Additionally, Belarus has laws that restrict freedom of expression, such as a law that makes insulting the president punishable by up to five years in prison, and another that makes criticizing Belarus abroad punishable by up to two years in prison. These laws have been used to charge and detain journalists.

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