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October 18, 2011 - The International Extradition Law Daily
October 18, 2011 - The International Extradition Law Daily
Extradition Lawyers
www.McNabbAssociates.com
Laws governing the extradition of Britons to the US are fair, an independent review has concluded. It follows high-profile cases, including that of Gary McKinnon, the alleged hacker who has been fighting extradition to the US for years. The review, led by the former Court of Appeal judge Sir Scott Baker, says the treaty "does not operate in an unbalanced manner". But Gary McKinnon's mother Janis Sharp said the finding as a "whitewash". Home Secretary Theresa May commissioned the review - but it calls for her to be stripped of powers to determine extradition requests on human rights grounds and to let courts decide instead. Sir Scott's report also says some criticism of the Extradition Act is based on a "misunderstanding" of how it works in practice. The former judge also found the European Arrest Warrant system does not operate "unfairly or oppressively". "No significant difference" There is no practical difference between the information submitted to and from the United States, Sir Scott Baker. Several ministers criticized the Extradition Act 2003 while in opposition and the review follows widespread concern that the system is biased against Britain. They argue it is unfair for the US to require "sufficient evidence to establish probable cause" before agreeing to extradite anyone to the UK, while Britons are denied the same protection.
But Sir Scott's 486-page report finds: "In our opinion, there is no significant difference between the probable cause test and the reasonable suspicion test. "There is no practical difference between the information submitted to and from the United States." The review contradicts the findings of Parliament's Joint Committee on Human Rights (JCHR), which called for the Government to renegotiate the UK's extradition treaty with the United States to ensure British citizens get the same protection as Americans. "Unacceptable" Nine cases, including those of Abu Hamza and Babar Ahmed, are still awaiting rulings, including two which involve allegations dating back to 1997. "Delays of this kind are, in our view, unacceptable; they are unfair to the individual and militate against the prospects of a fair trial," the report says. The family of Babar Ahmad, a counter-terrorism suspect held in jail for seven years contesting extradition to the United States, is among those who had called for a rethink. Mr. Ahmad's e-petition to government, asking to face trial in the UK, has recently gained enough signatures to make the top 10. Ashfaq Ahmad, the suspect's father, said: "In June 2011, the Joint Committee on Human Rights expressed concern about Babar's case. That British Citizens accused of committing crimes in the UK can be extradited to the US in cases where the CPS has found no evidence to charge them in this
country, completely undermines our criminal justice system." Figures released in the report show between January 2004 and July 2011, there were 130 requests by the US for people to be extradited from the UK, compared with 54 requests from the UK to the US. A total of seven US requests were refused by the UK, compared with none of the UK's requests. But Sir Scott points out that the US population is about five times that of the UK. The human rights group Liberty says it rejects Sir Scott's report and is urging the government to ignore it. Shami Chakrabarti, director of Liberty, says: "We don't just disagree with this review but are completely baffled by it. "This is not a court judgment, merely policy advice - and government cannot abdicate its responsibility to honor the promises of both Coalition parties in opposition. But US Attorney General Eric Holder, who met the panel during their work on the review, said the "fundamental fairness of the treaty has been demonstrated by its application during the years the treaty has been in force". "The treaty has enabled us to work closely with our partners in the United Kingdom to pursue the interests of justice in both our nations." The home secretary said she would consider the report's recommendations carefully. This article was published on October 18, 2011 by BBC News.
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back them," Holman said. "After more than 20 years, you wonder if you would have known him if you'd ever see him." Holman remembers promising both girls' families the manhunt would continue until Reyes was brought to justice. County authorities collaborated with the FBI and relied on the cooperation of an informant. Reyes, known to enjoy the party scene and frequent pool halls, was arrested May 27 in a Tijuana pool hall by FBI agents and Mexican federal police. "My hat goes off to the San Joaquin Sheriff's Department and their detectives in continuing to pursue him. I think that's really commendable," Holman said. "I'm glad we have an opportunity to bring closure to this case." Local prosecutors originally anticipated that transporting Reyes might have taken up to a year. Norwood said her family waited anxiously, worrying that any potential paperwork error could have delayed the process, or that Reyes could have been set free by Mexican authorities before local prosecutors had the chance to extradite him. The District Attorney's Office had only two months to file an extradition request with Mexican officials, and it had to agree that Reyes would not be subjected to the death penalty. Mexico instituted anti-capital punishment laws in 2005 that prevent the transfer of suspects who would otherwise be sentenced to death. Norwood said her family was initially disappointed that the death penalty wasn't an option, but they're thankful that Reyes at least and at last - is being prosecuted. "I believe Nancy just hasn't been able to rest until this piece of the puzzle is solved," Norwood said. Prosecutors are confident they have the evidence to convict Reyes.
Monday was the day Linda Norwood has been waiting for since 1982. A fugitive wanted on the 29-yearold double murder and rape of her cousin, Nancy Rubia, and Rubia's friend, Renee Rontal, finally has been charged, following a complicated extradition process from Mexico that took U.S. authorities four months to attain after his long-awaited capture. "We feel numb," Norwood said. "We're happy, and we're glad he's been captured. It's just sad that it had to take all these years. "But we're glad the investigators never gave up." Alfredo Reyes Reyes, who had been hiding in Mexico for nearly three decades, was arraigned Monday on suspicion of the premeditated murders and rapes of Rubia and Rontal, who both were 13.
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practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at [email protected] or at one of the offices listed above. offices listed above.
Given his ongoing fight against extradition, youd have thought Julian Assange might want to keep a low profile. But the founder of Wikileaks ended up drawing more attention to himself when he turned up at an anti-City protest in London wearing a Guy Fawkes-style mask. Police used the Public Order Act to demand that the self-styled defender of liberty remove the disguise. He then used a megaphone to address a crowd telling them that protesters should have the right to mask their identities. Assange, 40, is currently fighting extradition to Sweden for questioning over the rape and sexual assault of two women, which he denies. On Saturday he turned up at the British end of the worldwide wave of anti-capitalism protests that began in New York on Friday, and led to violence in Rome and Berlin. He arrived wearing a black hooded cape and mask of a type featured in a British film about a prodemocracy activist of the nearfuture, V For Vendetta. The controversial Wikileaks chief - who angered the US and other governments by leaking tens of
Murder Suspect
McNabb Associates, P.C. (U.S. Extradition Attorneys)
Submitted at 12:16 PM October 18, 2011
Federal officials have had all the information they need for a year to begin the extradition process in a Weslaco murder case, according to U.S. Congressman Ruben Hinojosa's office. Fourteen-year-old Robert Castro Jr. was shot to death in August 2008. Castro's father had confronted some men who had stolen their truck. A stray bullet killed the teen as the men drove away. Since then, Manuel Enrique Garcia has been sentenced to 18 years in prison for his part in Castros murder, but the alleged gunman, Jose Antonio Sanchez Zapata, remains free in Mexico. A few months back, CHANNEL 5 NEWS started working with Castros family and Hinojosas office to get the extradition process moving forward that could bring Zapata back to the Valley to stand trial in the case. Salomon Torres, a spokesman for the congressman, says they finally received a copy of the full incident report on the crime Wednesday. They had first requested it from Weslaco police back in August. Torres says they have also now met with Hidalgo County District Attorney Rene Guerra. Torres says Guerra sent officials in Washington everything they would need to begin the extradition process about a year ago. He says now the congressman will send the U.S. State and Justice departments a letter asking where the extradition process stands. Torres says they expect now to get a formal response within about 45 days. This article was written by Kirk Chaisson and published by KRGV News on October 14, 2011.
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"They're using tactics to keep my brother's mouth shut because he knows too much," Abel Valdez told the Express-News. The suspected trafficker's lawyers also allege that they're not given access to their client. "La Barbie" -- a former high school football player in Laredo -also became an unexpected fashion icon after he was presented to the media wearing the clothes he was wearing when captured: a pinegreen Ralph Lauren polo shirt with "London" on the front. These shirts -- or more precisely, large quantities of knock-off versions -- have since become hotselling items in the notorious Tepito market of downtown Mexico City and other dense streets where vendors hawk pirated goods, raising concern among Mexican officials about the rise of "narcofashion". This article was written by Daniel Hernandez and published by World Now on October 13, 2011. To find additional global criminal news, please read The Global Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at [email protected] or at one of the offices listed above. offices listed above.
The U.S.-born drug trafficking suspect known as "La Barbie" has gone on a hunger strike at the highsecurity prison in Mexico where he awaits extradition to the United States because authorities are denying him conjugal visits over discrepancies in his partner's documents, authorities say. Edgar Valdez Villarreal, a 38year-old Texas native known as "La Barbie" for his fair looks, has not eaten prison-prepared food since Oct. 2, authorities said. He is still receiving food and cleaning products that inmates are able to buy inside the Altiplano prison in the central state of Mexico, the federal public safety ministry said in a statement released Thursday. The statement comes after a brother of the suspected drugtrafficker told the San Antonio Express-News that Valdez stopped
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To find additional global criminal news, please read The Global Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at [email protected] or at one of the offices listed above. offices listed above.
An alleged plot to assassinate the Saudi Arabian ambassador to the United States may have violated a U.N. treaty protecting diplomats and could escalate the crisis to an international court. U.S. authorities have arrested Iranian-American Manssor Arbabsiar for the alleged plot and accused a second Iranian man, Gholam Shakuri, who is believed to be at large in Iran and a member of the country's elite Quds Force. If they were involved in a plot to kill Saudi Ambassador Adel alJubeir, that would likely violate the U.N. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons. The treaty, which Iran signed in 1978, would require Tehran to consider prosecuting Shakuri in its court system or extradite him to a requesting country, potentially the United States or Saudi Arabia, both longtime foes. An important sticking point to any prosecution or extradition is that Iran has fiercely denied the allegations and is unlikely to turn Shakuri over to any country. "This is one of those areas where there's not really too much fuzziness. It's very clear that these kind of people (diplomats), these kind of officials, they're immune from attack," said David Kaye, executive director of the UCLA School of Law's International Human Rights Law Program. Jubeir was named Saudi ambassador to the United States in early 2007 after serving in the embassy in Washington. He is considered a close adviser to Saudi King Abdullah, a key U.S. ally in the volatile and oil-rich Middle East region. Secretary of State Hillary Clinton made a point on Wednesday of noting that Iran had agreed to the U.N. treaty. "This kind of reckless act undermines international norms and the international system. Iran
A man wanted for murder in Las Vegas was ordered Friday to surrender himself for extradition to the U.S. In May last year, Leandro LopezTuratiz, 27, was arrested in Vancouver on a warrant for the May 2009 murder of Francisco Lambert-Cordero, 23. U.S. authorities allege that LopezTuratiz killed Lambert-Cordero by shooting him in the back of the head in a Las Vegas home. Lopez-Turatiz attempted to clean up the bloody scene in the house and then moved the body to the garage, say authorities in documents filed in B.C. Supreme Court. While he was moving the body, Lopez-Turatiz touched the garage with his hand and made an imprint