Extradition from Jamaica to the United States—“Rasta Teddy”

Ivan Kenneth Huggins, who is also known as “Rasta Teddy,” has waived his right to an extradition hearing in Jamaica.^[1] The Montego Bay businessman is wanted in the United States, along with six other men, for allegedly trafficking tons of cocaine into the United States.^[2] Those six men faced extradition hearings and were ordered to be extradited; they are appealing their decisions.^[3]

Mr. Huggins was arrested last week by Jamaica’s Fugitive Apprehension Team, and has apparently “decided to go to the U.S. to face his trial.”^[4]

The extradition treaty between the US and Jamaica contains a dual-criminality clause.^[5] It also contains a “simplified extradition” clause which states that the person sought can agree “in writing to extradition after personally being advised by a judge or competent magistrate of his right to further extradition proceedings.”^[6] This allows the Requested State to grant extradition without formal proceedings. However, the clause still requires the Rule of Specialty to be adhered to, forbidding prosecution for any offenses that are not approved of in the extradition order.^[7]

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[1] Businessman Waives Right to Extradition Trial, Jamaica Gleaner, Jan. 20, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Extradition Treaty, Jun. 14, 1983, U.S.-Jamaica, art. II, S. Treaty Doc. No. 98-18 (1991).
[6] Id. art. XV.
[7] Id. (referring to art. XIV).

Extradition from Australia to Croatia—Captain Dragan Continued

Dragan Vasiljkovic, who we discussed earlier in the week, has been taken into Australian custody.^[1] Acting under an order by Australia’s Attorney General, the Australian Federal Police arrested Mr. Vasiljkovic in Liverpool, Australia last night.^[2] A magistrate judge will now determine whether he should be extradited, and if it is determined that he should be, Australia’s Minister of Justice, Chris Ellison will make the ultimate decision.^[3] Magistrate Judge Allan Moore refused Mr. Vasiljkovic bail, and ordered him to appear again next Friday.^[4]

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[1] Malcolm Brown, Accused Serb War Criminal in Custody, Sydney Morning Herald, Jan. 21, 2006.
[2] Id.
[3] Id.
[4] Id.

US-Greece Extradition Treaty and MLAT—New Protocols

The United States’ 1931 bilateral extradition treaty with Greece and their 1999 mutual legal assistance treaty have been updated, pending ratification.^[1] According to the US State Department, the agreements will “modernize the U.S.-Greek criminal law relationship,” allowing law enforcement officials in both countries “to cooperate more effectively in bringing criminals to justice and in combating international terrorism.”^[2] Unfortunately, the State Department is bereft of details, stating only that Assistant Secretary of State for European and Eurasian Affairs Daniel Fred “noted that the agreements show that ‘the Greek-American friendship is strong, and we are putting it to work in the service of a better world,’” a sentiment echoed by his Greek counterpart, Ambassador Alexandros Mallias.^[3]

The Protocol to the extradition treaty will be the second protocol signed between the two nations, after the first protocol was signed in 1937.

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[1] US Dept. of State, U.S., Greece Sign Extradition, Mutual Legal Assistance Accords, Jan. 18, 2006.
[2] Id.
[3] Id.

Extradition from South Africa to Canada—Trevor Robinson

South Africa is experiencing quite a controversy over the extradition of a man who fled from Canada to escape his three-year sentence for sexually abusing a teenage girl.^[1] Trevor Robinson was convicted in the Ontario court of justice, and immediately “fled Canada and began a new life in South Africa where, for the last six years, he and his wife, Lillian, have been fighting local justice and prosecution authorities to avoid extradition.”^[2] Mr. Robinson claims that he was convicted with no forensic evidence being introduced against him.^[3]

The South African Constitutional Court ruled in 2004 that Mr. Robinson was extraditable, and Justice Minister Mabandla “ordered that he be handed over to the Canadian authorities in August last year.”^[4] The Cape High Court, however, granted an order staying the extradition, “pending a review of Mabandla’s decision which will be argued on February 10.”^[5]

The extradition treaty between Canada and South Africa was signed on November 12, 1999, and it came into effect on May 4, 2001. It contains a dual criminality clause,^[6] and where the extradition request “relates to a person sentenced to deprivation of liberty by a court of the Requesting State for an extraditable offence,” it will only be granted if six months of the sentence remain to be served.^[7] South Africa does have the discretion, “in exceptional cases,” to refuse the extradition on humanitarian grounds, but only after “taking into account the seriousness of the offence and the interests of the Requesting State [as well as] the personal circumstances of the person sought.”^[8]

When requesting extradition for a person “sought for the imposition or enforcement of a sentence,” the Requesting States must provide “a statement by a judicial, prosecuting or corrections official describing the conduct for which the person was convicted and attaching a copy of the document that records the conviction and, where applicable, sentence of the person. This statement shall be certified by the judicial, prosecuting or corrections official to be accurate.”^[9]

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[1] Karyn Maughan, Minister in Extradition Row with Sex Abuser, Independent On-line, Jan. 18, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Extradition Treaty, Nov. 12, 1999, Can.-S. Afr., art. 2, para. 1, CTS 2001/20.
[7] Id art. 2, para. 2.
[8] Id art. 4, para. 4.
[9] Id. art. 7, para. 1(C)(i).

McNabb in the News (1-18-06)

Senior Principal Douglas McNabb was quoted in an AP story that focuses on the upcoming trial of three people accused of human smuggling. The prosecution is linked to Tyrone Williams, who we have discussed here.

Due to a gag order, neither prosecutors nor defense attorneys are commenting on the case.

Douglas McNabb, a Houston attorney who specializes in federal criminal defense, said the intense media coverage the case has garnered will hurt the defense.

"It will be very difficult to weed out jurors who may be predisposed against the defendants," he said. "It's going to be an uphill climb for the defendants."^[1]

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[1] Jury Selection to Begin in Smuggling Deaths Case, Associated Press (via KRISTV.com), Jan. 18, 2006).

Extradition from Britain to Israel—Haephrati

A husband and wife team of hackers will be extradited from Britain to Israel after they withdrew their appeal.^[1] Michael Haephrati and his wife, Ruth Brier-Haephrati, are accused in Israel of developing a Trojan Horse program for use in industrial espionage.^[2] Last year, it is alleged, the couple hacked into “scores of computers in Israel, including computers belonging to large and leading companies,” from their residences in Britain and Germany.^[3] The Trojan Horse program acted as a type of spyware that “extracted computer files and entire directories from infected computers” which were then sent to servers in Israel and other countries.^[4] The program was sold to private investigators who offered industrial espionage services to various companies; those companies are currently being investigated in Israel, but “prosecutors are struggling to indict the companies that ordered the business information, due to the legal difficulties in proving that they that the information was obtained by illegal means.”^[5]

They were arrested in May of 2005, and in July, Israel formally requested their extradition.^[6] They were ordered to be extradited two months later, and Home Secretary Clarke signed the extradition order.^[7]

The Haephrati’s case highlights the increasingly global nature of criminal investigations, including the expansion of countries’ extraterritorial jurisdiction; all of “their criminal acts were allegedly carried out in Europe,” and the Israeli Ministry of Justice “stresses that cross-border crime in an era when acts committed in one country constitute crimes in another can only be fought against by effective international cooperation.”^[8]

Extradition from Britain to Israel is governed by an agreement signed in 1960^[9] and two exchanges of notes, one done in 1978,^[10] and the other done in 1996.^[11] It is the latter exchange of notes which governs extradition in this case. That exchange of notes concerned the applicability of the European Convention on Extradition of 1957, which establishes a dual-criminality rubric for extradition.^[12]

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[1] Noam Sharvit, Trojan Horse Developers to be Extradited to Israel Soon, Globes Online, Jan. 17, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] See Extradition Agreement, Apr. 4, 1960, U.K.-Isr., TS 77/1960 Cmnd 1223.
[10] Exchange of Notes, Aug. 16, 1978, U.K..-Isr., TS 99/1978 Cmnd 7375.
[11] Exchange of Notes, Feb. 14, 1996, U.K.-Isr., TS 38/2000 Cm 4668.
[12] European Convention on Extradition, Dec. 13, 1957, art. 2, para. 1, ETS No. 024.

McNabb in the News (1-17-06)

Senior Principal Douglas McNabb was quoted in an article by the Czech News Agency concerning Viktor Kozeny. In the article, Mr. McNabb suggested that the US government would not take over the Czech Republic’s own case against Mr. Kozeny.

U.S. defence lawyer and legal expert Douglas McNabb said that it is almost ruled out that a U.S. court would deal with the crimes Czech-born businessman Viktor Kozeny has been charged with in the Czech Republic as the Czech Justice Ministry hopes.
…
McNabb also told CTK that he considers it little probable that the United States would extradite Kozeny to the Czech Republic before he serves a possible sentence in the USA.
…
McNabb said that the United States is very offensive in dealing with international level corruption and that laws give it powers to prosecute even cases that seemingly do not concern the United States.
…
McNabb said that the Kozeny case is far from being isolated and that proceedings have been launched against several Britons whose extradition has been applied for by the Untied States where they have been charged with corruption and fraud.
…
McNabb said [Mr. Kozeny’s lawyer] will base his defence on that the United States wants Kozeny to be extradited for acts that are not punishable in the Bahamas.

[The lawyer's] other argument will be, McNabb estimates, the fact that the Czech Republic had applied for Kozeny's extradition earlier than the United States and that he should therefore be extradited to the Czech Republic.
…
McNabb said that even if the Bahamas rejected both the U.S. and Czech extradition applications, Kozeny will not win. He will remain a Bahamian "prisoner" because the United States will see to it that he be arrested anywhere outside the Bahamas.

Besides, both the United States and the Czech Republic can repeatedly apply for his extradition, so the rejection of one practically solves nothing for Kozeny, McNabb said.^[1]

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[1] U.S. Expert Says USA Will Not Take Over Czech File on Kozeny, Czech News Agency, Jan. 17, 2006.

Extradition from Canada to the United States—Michael John Welch and Lori Romero

A couple who are facing charges stemming from a shootout in Colorado have been arrested in Canada.^[1] Michael John Welch and Lori Romero were located by the Royal Canadian Mounted Police on Vancouver Island two days after missing a pre-trial conference which was intended to “ensure everything was ready” for their January 24 trial.^[2] The trial originates from a November 2, 2004 incident at their home in Wellington, Colorado.^[3]

A Colorado State Patrol officer allegedly stopped their car—which held Mr. Welch, Ms. Romero, and Mr. Welch’s father—and as the officer was checking for warrants, they allegedly sped to their home, where they “holed up inside”; police surrounded the building when Mr. Welch’s father allegedly fired at them from inside.^[4] He was killed as a police sergeant returned fire.^[5] Mr. Welch and Ms. Romero have both been charged in Colorado with assault, and, in addition, Mr. Welch has been charged with possession of a dangerous weapon.^[6]

After their arrest in Canada, they are awaiting extradition from Canada to Fort Collins, Colorado.^[7] The extradition treaty between the United States and Canada takes a dual-criminality approach, which means that extradition is possible for any act which is an offense in both countries punishable by deprivation of liberty for more than one year.^[8] Both assault and possession of dangerous weapons are punishable crimes in both countries.

The United States now has 60 days to make a formal extradition request.^[9]

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[1] Pamela Dickman, Fugitives Captured in Canada, Loveland Daily Reporter-Herald, Jan. 16, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Protocol Amending the Extradition Treaty with Canada, Jan. 11, 1988, U.S.-Can., art. I, S. Treaty Doc. No. 101-17 (1991).
[9] Id. art. VI.

Extradition from Australia to Croatia—Captain Dragan Updated

It is being reported today that Captain Dragan, who we discussed last week, will not be detained by Australian authorities until Croatia makes a formal extradition request.^[1] According to The Australian, that government will place no restrictions on his passport, which means that he could go into hiding.^[2]

Australian Senator Joe Ludwig is upset and has accused the Australian government of apathy and has demanded an explanation.^[3]

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[1] ”Captain Dragan” Won’t Be Detained The Australian, Jan. 17, 2006.
[2] Id.
[3] Id.