High Court Ruling on Do Kwon Overturned: US Detention Request Not Extradition Request

The Council of the Appellate Court assessed that the decision of the High Court "is affected by significant violations of the provisions of the criminal procedure from Article 386 paragraph 1 items 8 and 9 of the CPC, because there are no clear and valid reasons regarding decisive facts regarding the order of arrival of petitioners".

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Do Kwon, Photo: Boris Pejović
Do Kwon, Photo: Boris Pejović
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

After today's panel session, the Court of Appeals issued a decision accepting the appeal of the defense attorneys of South Korean citizen Do Kwon, annulling the decision of the High Court in Podgorica from February 20 and returning the case to the first instance court for retrial and decision.

The first-instance decision of the High Court allowed the summary extradition of citizen Do Kwon, for the purpose of criminal prosecution for several criminal offenses at the request of the United States of America, while the summary extradition of Do Kwon was refused at the request of South Korea.

"Deciding on the appeal of the defendant's defense attorneys, the panel of the Appellate Court assessed that the decision was affected by significant violations of the provisions of criminal procedure from Article 386 paragraph 1 items 8 and 9 of the CPC, because there are no clear and valid reasons for decisive facts regarding the order requests are arriving," the announcement states.

The Court of Appeal further explained the decision.

"The first-instance court stated in the explanation of the decision that the request for extradition from the USA came one day earlier, on March 27.03.2023, 28.03.2023, compared to the request from the Republic of Korea, which arrived on March 13.02.2024, 19.02.2024, which conclusion does the first-instance court draw from the letter of the Ministry of Justice dated February 27.03.2023, 24.03.2023, and from the documents on which there are reception stamps with the dates of receipt. However, he did not give reasons regarding the content of the Ministry of Justice document dated February 26.03.2023, 6 and its attachments, in which it is stated that it is not in dispute that through the Ministry of Foreign Affairs of Montenegro, a note from the US Embassy requesting temporary detention was delivered to the Ministry of Justice on March 2, 15, and that a day later a note from the Embassy of the Republic of Korea accompanied by a request for extradition was delivered, but that the Ministry of Justice of the Republic of Korea e - submitted a request for the extradition of this defendant in English by email on March XNUMX, XNUMX, and also in Montenegrin by email on March XNUMX, XNUMX. The court of first instance did not link this act with the attachments and evaluated it in accordance with the provision Article XNUMX, Paragraph XNUMX of the Law on International Legal Assistance in Criminal Matters, which stipulates that the domestic judicial authority will act on a request for international legal assistance from a foreign judicial authority and when the request is submitted by electronic means that provides confirmation of receipt, if it can determine its credibility, and the foreign judicial authority is ready to submit the original of the request within XNUMX days," the Court of Appeal states.

"Also, the reasons why the first-instance court considers the act of the USA dated March 25.03.2023, 27.03.2023 (submitted to the ministry on March 1901, XNUMX) as a request for extradition, bearing in mind that it requests temporary detention, which are two different a formal act in the sense of Article IV of the Convention on the Extradition of Criminals concluded between the Kingdom of Serbia and the United States of America from XNUMX, which is to be applied in the specific case, and which is all significant because of the determination of the order of requests for extradition," the statement added. .

The decision of the Appellate Court with detailed reasons will, as they state, be published on the court's website.

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