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US opposed to fines on Russia over return of historic books
Source: Agencies |
September 11, 2012, Tuesday
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THE Obama administration is opposing a Jewish group's bid to have civil fines levied against Russia for failing to obey a court order to return historic books and documents.
In a recent court filing, the Justice Department argued that judicial sanctions against Russia in this case would be contrary to US foreign policy interests and inconsistent with United States law.
The Jewish group, Chabad-Lubavitch, based in the Brooklyn borough of New York City, claims the tens of thousands of religious books and manuscripts, some up to 500 years old, which record the group's core teachings and traditions.
Chief Judge Royce Lamberth of the US District Court ruled the records are unlawfully possessed by the Russian State Library and the Russian military archive. In 2010, he ordered the Russian government to turn them over to the US Embassy in Moscow or to the group's representative.
Russia, which doesn't recognize the authority of the US court, has refused. It says the collection is part of Russia's national heritage.
Chabad's lawsuit and earlier rulings in the case by Lamberth have already had unintended consequences: Russia has completely halted the loan of its art treasures for exhibit in the US, for fear that they will be seized and held hostage in the court battle.
Lamberth is known for issuing largely unenforceable multimillion-dollar judgments against foreign governments he believes are hostile to the US and have harmed US citizens. Last year he granted Chabad permission to seek attachment of Russian property in the US So far, the group has not done so.
Lamberth also is currently weighing Chabad's motion to hold Russia in civil contempt of court and impose fines of at least US$25,000 a day.
Alarmed at the prospect of having its property seized, Russia has refused to loan any art to the country, even though Chabad has said in court filings that it will not go after any art deemed culturally significant by the US State Department.
At issue are two collections: 12,000 religious books and manuscripts seized during the Bolshevik revolution and the Russian Civil War nearly a century ago; and 25,000 pages of handwritten teachings and other writings of religious leaders stolen by Nazi Germany during World War II, then transferred by the Soviet Red Army as war booty to the Russian State Military Archive.
Chabad-Lubavitch, a Hasidic movement within orthodox Judaism, is estimated to have more than 200,000 adherents and to draw perhaps a million to some of its services in about 70 countries. It was founded in the late 1700s in Eastern Europe, and has been led through its history by seven "Rebbes," who amassed the books and writings. The group was incorporated in New York City in 1940.
In its filing, the Justice Department said that Chabad's bid for sanctions is precluded by the Foreign Sovereign Immunities Act.
The department argues that this law doesn't allow a court to compel compliance with an order for property held by a foreign state within the state's own territory.
In a recent court filing, the Justice Department argued that judicial sanctions against Russia in this case would be contrary to US foreign policy interests and inconsistent with United States law.
The Jewish group, Chabad-Lubavitch, based in the Brooklyn borough of New York City, claims the tens of thousands of religious books and manuscripts, some up to 500 years old, which record the group's core teachings and traditions.
Chief Judge Royce Lamberth of the US District Court ruled the records are unlawfully possessed by the Russian State Library and the Russian military archive. In 2010, he ordered the Russian government to turn them over to the US Embassy in Moscow or to the group's representative.
Russia, which doesn't recognize the authority of the US court, has refused. It says the collection is part of Russia's national heritage.
Chabad's lawsuit and earlier rulings in the case by Lamberth have already had unintended consequences: Russia has completely halted the loan of its art treasures for exhibit in the US, for fear that they will be seized and held hostage in the court battle.
Lamberth is known for issuing largely unenforceable multimillion-dollar judgments against foreign governments he believes are hostile to the US and have harmed US citizens. Last year he granted Chabad permission to seek attachment of Russian property in the US So far, the group has not done so.
Lamberth also is currently weighing Chabad's motion to hold Russia in civil contempt of court and impose fines of at least US$25,000 a day.
Alarmed at the prospect of having its property seized, Russia has refused to loan any art to the country, even though Chabad has said in court filings that it will not go after any art deemed culturally significant by the US State Department.
At issue are two collections: 12,000 religious books and manuscripts seized during the Bolshevik revolution and the Russian Civil War nearly a century ago; and 25,000 pages of handwritten teachings and other writings of religious leaders stolen by Nazi Germany during World War II, then transferred by the Soviet Red Army as war booty to the Russian State Military Archive.
Chabad-Lubavitch, a Hasidic movement within orthodox Judaism, is estimated to have more than 200,000 adherents and to draw perhaps a million to some of its services in about 70 countries. It was founded in the late 1700s in Eastern Europe, and has been led through its history by seven "Rebbes," who amassed the books and writings. The group was incorporated in New York City in 1940.
In its filing, the Justice Department said that Chabad's bid for sanctions is precluded by the Foreign Sovereign Immunities Act.
The department argues that this law doesn't allow a court to compel compliance with an order for property held by a foreign state within the state's own territory.
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