Extradition and Cross Border Criminal Defense News: Viktor Bout: Brings Separate Action for Alleged Violations by US Government

Tuesday, June 30, 2009

Viktor Bout: Brings Separate Action for Alleged Violations by US Government

The New York Times June 30, 2009 reports that Viktor Bout has brought a separate proceeding alleging that the US violated Thai law.

"The procedure could delay the extradition process and, if successful, result in criminal charges filed against three agents of the Drug Enforcement Administration who took part in Mr. Bout’s arrest, according to the lawyer, Chamroen Panompakakorn. Mr. Chamroen said Monday that American agents had violated Thai law by apprehending Mr. Bout on their own before calling the Thai police to arrest him. They were also carrying firearms in violation of Thai law, he said. They invaded a public place without a search warrant,” Mr. Chamroen said in an interview. “They have no power to do this.”

Can a Defendant Be Released pending International Extradition?

Traditionally, release has not been granted in US courts, in an international extradition case, unless there is a showing of special circumstances".

There is no statutory definition of “special circumstances” and courts generally discuss the concept in ruling that they do not exist. However, this trend may change, particularly if a court can be persuaded that the magistrate is likely to deny extradition or the case is defensible, and there are other alternatives. (For example, see Court Finds Special Circumstances.)

What is the Rule of Specialty?

The Specialty Doctrine is a firmly established principle of international law provides that a criminal defendant extradited from one nation to another may be prosecuted only for only those offenses for which the surrendering state agreed to extradite.

In other words, when a nation hands over an accused for trial on specified charges, both the surrendering and requesting nation are implicitly agreeing that the accused will not be prosecuted on other, unspecified offenses for which the surrendering nation did not agree to extradite.

The surrendering nation is ceding personal jurisdiction over the defendant only with respect to the charges on which he or she was extradited, and an American court cannot force a defendant to face additional charges.

Extradition Law Basics for Criminal Defense Lawyers

Criminal defense attorneys will discover that extradition law issues have an increasing relevance to their practice. Not infrequently, foreign nationals who have criminal charges pending abroad are found and arrested in the United States for extradition. Similarly, a growing number of the foreign nationals who are being prosecuted in American courts have been brought to the United States through the extradition process.

Defending an Extradition from the United States (Part I).

Generally, in the absence of an extradition treaty, there is no duty to extradite. The extradition of an alleged criminal from within the United States to a foreign country is governed by the relevant extradition treaty, the procedures as set forth in 18 U.S.C. § 3181 et seq, and principles of customary international law. The extradition treaty, as a duly ratified treaty entered into by the United States, is federal law pursuant to U.S. CONST. art. VI. § 2. “Each extradition treaty between the United States and a foreign nation is sui generis, and as a contract between two sovereigns, sets forth its own law.” It is essential for counsel to have an accurate copy of the relevant extradition treaty, and any protocols that may have amended the original treaty or extradition convention. Each extradition treaty has been negotiated separately, some treaties are much older than others, and each treaty may be worded differently. For a list of all treaties in force, see http://www.state.gov/s/l/treaty/treaties

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Extradition Defense in the 21st Century

Tuesday, June 30, 2009

Viktor Bout: Brings Separate Action for Alleged Violations by US Government

Law Offices of Linda Friedman Ramirez PA

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