Extradition from Romania to the United States - Luis Felipe Moreno Godoy and Tareq Mousa al Ghazi

Luis Felipe Moreno Godoy of Spain and Tareq Mousa al Ghazi of Lebanon, both of whom face federal terrorism and conspiracy charges, were extradited from Romania to the United States on Tuesday.^[1] The extradition was of a historic nature, as it marks the first time Romania has extradited a suspect charged with terrorism to the U.S.^[2]

The two men are accused of selling weapons, including surface-to-air missile systems, rocket-propelled grenades, thousands of machineguns and millions of rounds of ammunition to the Fuerzas Armadas Revolucionarias de Columbia, or FARC, a U.S.-designated foreign terrorist organization.^[3]

The men allegedly arranged these weapons transactions with the assistance of Monzer Kassar, a purported Syrian arms dealer, via telephone calls, emails and in-person meetings that occurred between February 2006 and May 2007.^[4] Kassar allegedly furthered his arms business through his international network of criminal associates, front companies and bank accounts in countries including Britain, Spain, Lebanon, Syria, Iraq, Poland, Bulgaria and Romania. Kassar is sought by the U.S. for extradition on the same charges as Godoy and al Ghazi.^[5]

All three were arrested in June when the trio attempted to sell weapons to two U.S. Drug Enforcement Agency (DEA) confidential sources; Godoy and al Ghazi were apprehended in Bucharest, Romania while Kassar was arrested in Madrid, Spain.^[6] Having successfully extradited Godoy and al Ghazi, prosecutors are expected to turn their attention to Kassar’s extradition.^[7]

Godoy and al Ghazi face four charges : conspiracy to kill U.S. nationals, conspiracy to kill U.S. officers or employees, conspiracy to acquire and use anti-aircraft missiles, and conspiracy to provide material support or resources to a designated foreign terrorist organization.^[8]

Michael Garcia, U.S. Attorney for the Southern District of New York, praised the efforts of, among many, the DEA, the Spanish National Police, the Romanian Border Police, the Romanian Ministry of Interior Frontier Police, and the Public Ministry of Romania.^[9] Mr. Garcia cited, "outstanding investigative work and unprecedented international cooperation," in bringing Godoy and al Ghazi to the U.S.^[10]

Extradition from Romania to the United States

Extradition between Romania and the United States is governed by the bilateral extradition treaty signed in 1925.^[11] Obviously a relatively dated treaty, it describes extraditable offenses by employing the laundry list method of specifically designating certain offenses.^[12] The relatively limited list includes:

• Murder
• Attempted murder
• Rape, abortion, carnal knowledge of children under the age of twelve years.
• Abduction or detention of women or girls for immoral purposes
• Bigamy
• Arson
• Wilful and unlawful destruction or obstruction of railroads
• Crimes committed at sea (piracy, wrongful sinking of vessels, mutiny/conspiracy to mutiny, assault aboardship)
• Burglary
• Breaking and entering into office of the Government and public authorities, etc.
• Robbery
• General Forgery / Forgery or falsification of the official acts of the Government
• Counterfeiting
• Embezzlement
• Kidnapping
• Larceny
• Obtaining money, valuable securities or other property by false pretences
• Perjury or subornation of perjury
• Fraud or breach of trust by a bailee, banker, agent
• Slave trade crimes
• Wilful desertion/non-support of minor/dependent children^[13]
• Crimes against bankruptcy laws (added via 1937 Supplement)

Not surprisingly, modern criminal concepts such as terror-related offenses do not appear on the laundry list, nor has there been any supplement to the treaty been enacted to amend the list for terrorism crime additions. Therefore, often times the extradition treaty does not serve as the basis for extradition. In these instances, extradition is usually accomplished by adhering to Article 19 of the Romanian Constitution and the formalities it requires. Article 19 states:

(1) No Romanian citizen shall be extradited or expelled from Romania.
(2) By exemption from the provisions of paragraph (1), Romanian citizens can be extradited based on the international agreements Romania is a party to, according to the law and on a mutual basis.
(3) Aliens and stateless persons may be extradited only in compliance with an international convention or in terms of reciprocity.
(4) Expulsion or extradition shall be ruled by the court.

Recently, the governments of the United States and Romania have made strides in streamlining the extradition process. Last month, Romanian Minister of Justice, Tudor Chiuariu, and Nicholas F. Taubman, US ambassador in Romania, signed a new Extradition Agreement and Mutual Legal Assistance Agreement.^[14] Should the new extradition agreement eventually come into force as an official treaty, it will replace the 1925 version and, among other provisions, eschew the laundry list of extraditable offenses for the more modern dual criminality standard.^[15]

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^[1] Reuters Staff, Romania extradites two to U.S. in terrorism case, Reuters Newswire, October 16, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] AP Staff, In a first, Romania extradites 2 terrorism defendants to U.S., Associated Press Newswire, October 16, 2007, available at LEXIS, News Library, Wire News Services File.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] U.S. Department of Justice, Press Release: United States Announces First Extraditions From Romania on Terrorism Charges, Oct. 16, 2006.
^[9] Id.
^[10] Id.
^[11] Treaty between the United States and Rumania for the Extradition of Fugitives from Justice, U.S.-Rom., Apr. 14, 1925, 44 Stat. 2020.
^[12] Id. at Art. 2.
^[13] Id.
^[14] U.S. Embassy, Bucharest, Romania, Press Release: Signing of new U.S.-Romania Extradition Agreement and Mutual Legal Assistance Agreement, Sept. 10, 2007.
^[15] Id.

Extradition from Cyprus to the United States - Yazeed Essa

Yazeed Essa, an Ohio emergency room physician accused of fatally poisoning his wife with cyanide in 2005, has lost his extradition appeal to Cyprus’ Supreme Court.^[1] Essa, a U.S. citizen, disappeared before he was indicted on aggravated murder charges in Cuyahoga County, Ohio. He alledgedly traveled to Syria, Greece and Lebanon before being arrested in Cyprus while trying to clear customs, and has been in custody on the Mediterranean island for the past year.^[2] Essa faces life imprisonment with eligibility for parole after twenty years served.^[3]

In June, a Cypriot district court approved a request from U.S. prosecutors to extradite Essa.^[4] Essa argued that his extradition should be denied on the basis that he could be charged and convicted on the federal level of the same charges he faces in Ohio, and thus could receive the death penalty; Cypriot law bans the extradition of suspects who face capital punishment.^[5] In addition, Essa argued state prosecutors could amend the charges against him in light of the indictments of his brother and sisters, who are charged with theft of over $2.4 million from Essa and his wife’s estate, to make him eligible for capital punishment under Ohio law.^[6]

Judge Takis Eliades characterized both of Essa’s arguments as groundless, and saw no reason to justify why Essa’s case would be transferred from state court in Ohio to federal court.^[7] Essa’s attorneys plan to challenge Eliades’ decision before a larger panel of Cyprus’ Supreme Court.^[8]

State Law - Aggravated Murder (Ohio)

A person commits aggravated murder if that person purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another’s pregnancy.^[9]

Such a crime is punishable death or life in prison, unless an aggravating element is missing.^[10] Such aggravating elements include, among others: the victim was the President of the United States or a person in the line of succession, the victim was a law enforcement officer, murder for hire, the murder was committed to escape detection, apprehension, trial, or punishment for another offense or the murder was committed at large after breaking detention.^[11]

If one or more of these aggravating elements is missing, the punishment ranges from life imprisonment without parole, to life imprisonment with parole eligibility after twenty, twenty-five or thirty years served.^[12]

Federal Law - Murder

Under 18 U.S.C. § 1111, murder is the unlawful killing of a human being with malice aforethought.^[13] First degree murders include murders:

• perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing
• committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery
• perpetrated as part of a pattern or practice of assault or torture against a child or children
• perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed.^[14]

All other murders are second degree murders.^[15] First degree murder is punishable by death sentence or life imprisonment.^[16] Second degree murder is punishable by imprisonment of a term of years, with a maximum of life.^[17]

Extradition from Cyprus to the United States

Extradition from Cyprus to the United States is governed by the bilateral treaty of 1999.^[18] It is a dual-criminality treaty, stating that extraditable offenses are both those offenses punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty, as well as conspiracy to commit an extraditable offense.^[19] The treaty also states that when the offense for which extradition is sought is punishable by death under the laws in the Requesting State and is not punishable by death under the laws in the Requested State, the Requested State may refuse extradition unless the Requesting State, if so requested, provides assurances that the death penalty, if imposed, will not be carried out.^[20]

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^[1] AP Staff, Doctor fighting extradition to Ohio loses Supreme Court Appeal, Associated Press Newswire, October 12, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Ohio Rev. Code Ann. § 2903.01
^[10] Ohio Rev. Code Ann. § 2929.02(A)
^[11] Ohio Rev. Code Ann. § 2929.04(A)
^[12] Ohio Rev. Code Ann. § 2929.03(A)(1)(a)-(d)
^[13] 18 U.S.C. § 1111(a)
^[14] Id. (emphasis added)
^[15] Id.
^[16] Id.
^[17] Id.
^[18] Extradition Treaty between the Government of the United States of America and the Government of the Republic of Cyprus S. Treaty Doc. 105-16, 1996 U.S.T. LEXIS 50.
^[19] Id. at Art. 2.
^[20] Id. at Art. 6.