Lazarenko seeks political asylum in U.S. (02/28/99)

Lazarenko seeks political asylum in U.S.

Former PM remains in custody of INS

by Roman Woronowycz

NEW YORK - Ukraine's former Prime Minister Pavlo Lazarenko, beleaguered by accusations of improper financial dealings in Ukraine and facing money laundering charges in Switzerland, has requested political asylum in the United States after initially being detained by immigration officials for attempting to enter the country with an improper visa.

According to one of his lawyers, Mr. Lazarenko met with U.S. immigration officials on February 24 for four hours to determine whether the current member of Parliament and leader of the Hromada Party has a credible fear of returning to Ukraine, which would be grounds for granting political asylum.

"Mr. Lazarenko has asked for political asylum," said attorney James Mayock of the San Francisco-based law firm Elliot and Mayock. He said he was satisfied that the interview went well for his client. "My understanding is that it took longer than the average interview. The INS is taking this very seriously," said Mr. Mayock.

Mr. Lazarenko, 46, was detained by United States immigration officials at John F. Kennedy International Airport in New York on February 19 after he attempted to enter the country with a passport that carried two visas: one an expired diplomatic visa and the other a standard tourist visa. The immigration officer who inspected Mr. Lazarenko's documents decided that the former Ukrainian prime minister's legitimate visa did not suit his stated reason for visiting the United States and had him detained.

"In our discussions with him, it was clear that the purpose of his entry was not simply to be a casual visitor into the United States," said Immigration and Naturalization spokesman Russ Bergeron.

Mr. Lazarenko was traveling alone when he was detained, said his attorney, Mr. Mayock.

The detention in New York was the culmination of a very unlucky week for Mr. Lazarenko. First, the national deputy saw his immunity from criminal prosecution, a privilege granted all members of the Verkhovna Rada, lifted by his peers in a resounding vote on February 17. The next day a warrant for his arrest was issued by Ukraine's Procurator General's Office. The Ukrainian government has accused Mr. Lazarenko of embezzling funds to the tune of some $4 million, illegally transferring money out of the country and maintaining illegal foreign bank accounts, according to Bohdan Yaremenko, first vice-consul of Ukraine's Consulate General in New York.

Mr. Lazarenko left Ukraine for Greece a day before the vote in the Parliament, and while there issued a statement that he was being treated for a heart ailment. After the warrant for his arrest was issued by the Procurator General's Office, authorities asked Interpol on February 20 to have Mr. Lazarenko extradited back to Ukraine from wherever he was found to be staying. Mr. Mayock said the state of Mr. Lazarenko's health remains precarious and that he has been examined by doctors during his detention.

Ukraine officially asked the U.S. to return Mr. Lazarenko on February 21. Although no extradition treaty exists between the U.S. and Ukraine, a spokesman for Ukraine's Ministry of Foreign Affairs said that is not a reason not to return the former Ukrainian prime minister. "The absence of such an agreement is not reason enough to deny Kyiv its extradition request for Lazarenko," said Georgy Ilchenko in Kyiv on February 23.

However, Mr. Bergeron of the INS said the immediate issue was to determine whether Mr. Lazarenko had attempted to enter the U.S. without the proper documents. Originally Mr. Lazarenko was in what is referred to as an "expedited removal process,"; this has now changed since he requested for political asylum. Mr. Bergeron explained that extraditions normally go through the Department of Justice and the Department of State.

Ukrainian government representatives, including National Bureau of Investigation Director Vasyl Durdynets and Deputy Procurator General Olha Kolinko, who happened to be in Washington the week of February 22 for an international anti-corruption conference, met with U.S. Deputy Attorney General Eric Holder of the Justice Department on February 23 to discuss the Lazarenko case. According to a press advisory issued by the Embassy of Ukraine in Washington, the group emphasized to the Justice Department official the need to have Mr. Lazarenko deported back to Ukraine.

While Mr. Lazarenko remains in INS detention, a March 2 court date that had been scheduled for him in Switzerland on money laundering charges brought by Swiss officials has been postponed indefinitely. Manuel Sager, press attaché at the Embassy of Switzerland in Washington said Swiss officials expect that Mr. Lazarenko will still be in the hands of U.S. officials at that time. Mr. Sager also said that no extradition proceedings to bring Mr. Lazarenko back to Switzerland to face trial have begun. "He hasn't yet violated his bail agreement, so there has been no need to begin extradition proceedings," said Mr. Sager.

Last December 3 Mr. Lazarenko was arrested by Swiss border authorities after he had attempted to enter the country using a Panamanian passport that identified the Ukrainian politician as Pablo Lopez. The charges that were subsequently brought were based on information that the Ukrainian government had been supplying to Swiss authorities for most of the year. Swiss authorities said in December that the money trail they were investigating involves nearly $40 million. Mr. Lazarenko was released on $3.5 million in bail, and allowed to leave the country, with the stipulation that he return when the court process resumes.

As he did while incarcerated in Switzerland, Mr. Lazarenko has refused to meet with Ukrainian consular officials in the United States. "We ask the Immigration and Naturalization Service for a meeting with him every day," said Mr. Yaremenko. "They confirm that they relay the message to him, but he does not respond," he added.

While Mr. Lazarenko's attorney would not comment on the substance of the four-hour interview between his client and INS officials on Mr. Lazarenko's "credible fear" of returning to Ukraine, it is well known that Mr. Lazarenko has been at odds with President Leonid Kuchma since the Ukrainian leader dismissed him from the post of prime minister in mid-1997, allegedly over his lackadaisical attitude towards corruption in his government and his lack of movement on economic reform.

Since then Mr. Lazarenko has waged political battle with Mr. Kuchma in the press, and the president has, in return, shut down newspapers close to his former political ally.

In a New York Times article from February 12 Mr. Lazarenko stated that President Kuchma "is out to get him" and that he is suffering political persecution at home. A week later he was in the city where the newspaper is published seeking political asylum.

Recently Mr. Lazarenko had gone so far as to suggest that someone was planning to assassinate him, although he did not identify the persons involved.

Mr. Lazarenko also has said lately that, when he returns to Switzerland for his court date, he will name names and bank accounts of people close to the president who he knows have broken Ukraine's financial laws.

In Ukraine the Hromada Party, which Mr. Lazarenko heads, repeated accusations that the Kuchma administration is engaged in political persecution of their leader and is using the United States law-enforcement system to punish him. In a press release the party also said that Mr. Lazarenko is ready to return home with his family if "Ukrainian authorities could guarantee his and his family's personal security."

Mr. Lazarenko's family preceded him to the United States and is currently living in California. Mr. Mayock said that he was not at liberty to discuss when the Lazarenko family arrived in the United States or their current visa status.

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