Extradition to Malta—Extradition Dismissed

Chilean Navy Lieutenant Hernán Sepúlveda Mery is free to return to Chile.^[1] Lt. Sepúlveda Mery was arrested on October 5 after ending a honeymoon at Disney World, based on an extradition request from Malta.^[2] Malta requested his extradition because it accuses Lt. Sepúlveda Mery of an attempted murder he allegedly committed during a street fight while on shore leave in 1999.^[3] He does not deny that he was in the brawl, which left a Maltese bouncer with a punctured liver, but denies having anything to do with the stabbing of the bouncer.^[4]

US authorities dismissed the extradition request based largely on an investigation conducted by the defense team. Victim statements and forensic reports that had been omitted from the evidence supplied by Maltese officials led federal prosecutors to determine that there was not enough evidence to warrant the extradition.^[5]

According to the extradition treaty with Malta, attempts to murder are extraditable offenses.^[6] However, extradition can take place only if there is sufficient evidence, according to the laws of the requested state, to justify the committal of the prisoner for trial.^[7] Furthermore, sufficient evidence for the extradition must be provided within two months from the date of the fugitive’s apprehension.^[8] If it is not so provided, then the fugitive must be set at liberty.^[9]

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[1] See Theresa Bradley, Court Dismisses Extradition Case Against Chilean Naval Officer Wanted in Malta, Miami Herald, Dec. 6, 2005.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Extradition Treaty, Dec. 22, 1931, U.S.-Malta, art. 3, para. 1, 12 Bevans 482.
[7] Id. art. 9.
[8] Id. art. 11.
[9] Id.