The private triumph of Kross

Photo: PP

In the January of 2012, with Eerik-Niiles Kross crossing the Indian Ocean as exchange seaman on board of sailing vessel Nordea, the Russian Federation’s investigative committee issued an accusation regarding him organising in the seajacking Arctic Sea, officially announcing that they are asking the federal security service FSB to declare him an international fugitive. In spite of Russia’s application, however, Mr Kross never entered the Interpol wanted list.

As early as January 19^th 2012, the criminal police information bureau boss Reijo Valgjärv hinted to Postimees that Interpol may, in the matter of Mr Kross, refuse to cooperate with Russia, should they conclude that Russia is motivated by political revenge. Interpol being an officially apolitical organisation, the constitution of which forbids it from interfering with cases of political, military or religious nature.

To Postimees’ knowledge, Russia filed to Interpol to declare Mr Kross an international fugitive a lot later than they originally announced it – whether knowingly or not, it was dome on August 8^th, 2012, on the fourth anniversary of the Russian-Georgian war. As we know, Estonia unofficially treats the linking of Mr Kross with the freighter Arctic Sea saga as Russia’s political vengeance for the way Mr Kross helped the embattled Georgians win the Russian-Georgian information war.

In January 2012, Mr Kross told Reporter in an interview that «in making this an international issue, the Russians will sooner or later be looking like fools, as, for Interpol, factual evidence would have to be presented, which they do not have and indeed cannot have.»

As confirmed by Mr Kross to Postimees, yesterday, in this January he did send the Interpol so called files check committee a «proactive» application to remove his name from their data base, should it be listed there, substantiating his appeal by the obvious political revenge by Russia.

In essence, Mr Kross – a private person – was disputing with the law enforcement authorities of Russian Federation. Evidently, weighing the demands of a major power against an Estonian private citizen caused Interpol to think deeply, as a decision by its General Secretariat in the Kross case was only announced on June 21^st.

The decision reads as total defeat of Russia by Mr Kross. «For your information, any international police cooperation via Interpol channels regarding the Eerik Kross case contradicts Interpol’s constitution and rules,» states the Interpol announcement, sent to all member states from its headquarters. In addition to that, Interpol lets it be known that it has blocked all Kross-related information sent by Russia.

A person recently running a Kross-style gauntlet is a well known British investment banker and Hermitage Fund CEO William Browder, a worldwide public figure thanks to the Sergey Magnitsky case. Russia having accused Mr Browder, in the Magnitsky case and succeeding to set up his arrest order in the Interpol system. This May, Mr Browder was apprehended in the German border, and freed only after interference by the German minister of justice.

«The Interpol decision in the Kross case shows that Russia is systematically abusing Interpol to illegal and politically motivated ends. It is very important that Interpol as refused to be used by the Russian government in this issue. The fact of such a variety of politically motivated issues being launched by Russia, such as the cases of Mr Kross and myself, serves to raise the question whether Russia should be eliminated from use of Interpol due to systematic abuse of the system by Russia,» said Mr Browder in the wake of the decision regarding Mr Kross.

Lauri Mälksoo, professor of international justice at University of Tartu, commented the Interpol judgement as follows: «The Interpol decision is a personal victory for Eerik-Niiles Kross. At the same time, generally speaking, it is a disturbing story of the negative tendencies regarding Russia’s behaviour in international communications. In essence, the Russian government has, in this case, attempted to abuse the authority of the international police organisation, for some other purpose, probably for political revenge.»

Prof Mälksoo thinks that Interpol member states may have to start finding ways of punishing countries abusing the system. Asked if he will endeavour to take further steps in the issue, Mr Kross said he was planning to continue dealing with the substance of the matter. «Personally, I definitely welcome the Interpol decision, which – to put it frankly – was unavoidable. It is regrettable that Russia should, on state level, be involved in such foolishness. It is good, however, that Interpol succeeded in sobering them up a bit,» said Mr Kross.