International Extradition Updates--Hamdi, Kozeny, and Mexico

A number of the stories we have been following recently have had some interesting developments.

First, we begin with Mohammed Ali Hamadi, who we last discussed when Germany released him from prison and he returned to his native Lebanon. If you recall, Mr. Hamadi was imprisoned in Germany for hijacking TWA Flight 847 in 1985, during the commission of which, a US Navy diver, Robert Stethem, was killed. At the time of his release in late December, there was a question of whether the United States could seek his extradition because there is no extradition treaty between the US and Lebanon. But we also noted that both the US and Lebanon are parties to the Convention for the Suppression of Unlawful Seizure of Aircraft, which has extradition provisions. Now it turns out that the US has indeed “formally asked the Lebanese government to extradite” Mr. Hamadi.^[1]

According to officials, the US ambassador to Lebanon, Jeffrey Feltman, “has asked Lebanese authorities on several occasions to arrest [Mr.] Hamadi and turn him over to the United States for trial.”^[2] The formal request was submitted to Prime Minister Fouad Siniora last week.^[3] Three other men who are allegedly linked to the hijacking—Ali Atwa, Hasan Izz-al-din, and Imad Fayez Mugniyah—are also included in the request, “but it is unclear whether those men are in Lebanon.”^[4] Whether Lebanon agrees to extradite Mr. Hamadi depends on its domestic law addressing extradition and double jeopardy.

The next story that needs updating is that the extradition hearing for Viktor Kozeny is proceeding haltingly. As we have mentioned before, his hearing has been delayed a number of times already, and it has been delayed again. It has been adjourned until March 8 “at the request of Bahamian prosecutor Francis Cumberbatch.”^[5] Unlike the last time there was a delay, the prosecutor is not ill. Instead, Mr. Cumberbatch has “not yet received the documents supporting the U.S. extradition request he wanted to submit as evidence.”^[6]
Finally, in the last story that has had developments, we look at Mexico. As we mentioned before, it is widely expected that Mexico will greatly liberalize its extradition policies vis-à-vis the United States now that the Mexican Supreme Court has made a couple of landmark decisions. Yesterday, Mexican President Vicente Fox announced that “he's confident the country will soon begin extraditing top drug suspects to the United States, thanks to a recent high court ruling easing restrictions on who can be sent north for trial.”^[7] According to Mexican Attorney General Daniel Cabeza de Vaca, “18 major drug lords have been captured since Fox took office in December 2000.” At the top of that list are Benjamin Arellano Felix and Osiel Cardenas, who are wanted on U.S. drug charges.^[8]

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[1] Elise Labott et al., U.S. Seeks Extradition of Accused Killer, CNN.com, Feb. 13, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Kozeny’s Extradition Trial Adjourned, Prague Daily Monitor, Feb. 13, 2006.
[6] Id.
[7] Fox Says Mexico Will Soon Begin Extraditing Drug Suspects to U.S., Associated Press (via Tucson Citizen), Feb. 13, 2006.
[8] Id.