Do Kwon (Il)legally in Aliens Shelter: No Freedom for Crypto King After Time Served

Lawyer Goran Rodić assessed that the Police Directorate acted illegally towards the South Korean citizen

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Do Kwon after hearing with the inspector for foreigners, Photo: Boris Pejović
Do Kwon after hearing with the inspector for foreigners, Photo: Boris Pejović
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Although the South Korean citizen's prison sentence expired yesterday morning To Kwon, he was not released - from the walls of Spuš, the police officers took him to the inspector for foreigners, and then, after a five-hour interrogation, they took him to the Reception Center for foreigners.

He will stay in that building until a new decision on extradition is made, and yesterday's action by the authorities was his legal representative, a lawyer Goran Rodić, deemed illegal and announced an appeal to the Administrative Court.

The decision that the so-called the king of crypto-currencies was immediately brought to the Shelter by the inspectors for foreigners, where Do Kwon was detained yesterday morning under increased security measures.

Rodić told reporters that the interrogation of Do Kwon at the Police Directorate lasted for five hours and said that the South Korean citizen should have waited for the extradition proceedings and defended himself from freedom.

"From nine to two in the afternoon, there was an illegal treatment in the Police Department against our client, who, according to the court's decision, was supposed to wait for the extradition procedure and defend himself from freedom after serving his prison sentence today, because the court determined the measure of confiscating his travel permit document. However, it seems that an order has arrived, like the order for the previous two days for the action of the Supreme State Prosecutor's Office and the urgent action of the Supreme Court of Montenegro in this case, and the basis is certainly illegal action, and according to that illegal decision today, Do Kwon will be located in Prihvatilište", said Rodić.

He announced that he will file a complaint with the Administrative Court.

"But we'll see in the coming days how this race will unfold. We can predict some things, but unfortunately the situation in the Cnogorsk judiciary is like this", said Rodić.

Urgent treatment

The High Court announced that Do Kwon's travel documents will be confiscated two days ago, with the explanation that they are doing it so that the South Korean citizen does not leave Montenegro.

According to the decision of the High Court in Podgorica, he was supposed to be extradited to South Korea, which is looking for him because of criminal proceedings, but the extradition was postponed by the decision of the Supreme Court.

Two days ago, they made a decision to postpone Do Kwon's extradition to South Korea, pending a decision on the request submitted by the Supreme State Prosecutor's Office (VDT) for the protection of legality.

The Supreme Court explained that it was decided on the proposal of the VDT from March 6 and the decision of the Court of Appeal from March 20, submitted with the request for protection of legality.

"... It passed a decision which determined the postponement of the above-mentioned decisions on the extradition of the defendant Kwon Do Hyeong to the Republic of South Korea, and at the request of the Ministry of Justice of the Republic of South Korea, from March 24, 2023, until the decision on the submitted request for the protection of legality ", announced on Friday from the Supreme Court.

They announced that after the decision, they will also inform the Ministry of Justice, which is now obliged to inform the state that requested the extradition.

In the request of the Supreme State Prosecutor's Office, it is stated that the lower courts found that the legal prerequisites for the extradition of Do Kwon to South Korea were met, as well as that the defendant gave his consent for the extradition to be carried out in a simplified procedure...

It says that the quoted decisions "violated the law and that this violation is reflected in the fact that extradition in abbreviated procedure is applied only in those cases of extradition when a single application has been submitted"...

In the request for the protection of the legality of the VDT, of which he is the head Milorad Marković, it also says that in other situations, when there are two or more requests for extradition, there is no room to apply the shortened extradition procedure, but the regular extradition procedure is applied.

"When the court decides on each request for extradition in terms of the fulfillment of the legal conditions for extradition, after which the Minister of Justice...decides on the permission of extradition", it is stated in the request of the VDT.

The Council of the Supreme Court presided over by a judge Milenka Seka Žižić, which also includes judges Ana Vuković, Zoran Scepanovic, Vesna Vuckovic i Seka Piletić, as members of the council, issued a decision on postponement of execution in accordance with the provisions of Article 440 paragraph 4 of the Code of Criminal Procedure.

In its explanation, the VDT states that the court exceeded the powers that belong to it under the Law on International Legal Assistance in Criminal Matters and took over powers that are within the competence of the Minister of Justice...

The request for the protection of legality was also raised because the Court of Appeal did not hear the state prosecutor in the Supreme State Prosecutor's Office in the appeal procedure contrary to the provisions of the Law on International Legal Assistance in Criminal Matters and the Law on the State Prosecutor's Office, which stipulates that only the Supreme State Prosecutor's Office acts before the Appellate Court. by the court, which violated the provisions of the criminal procedure, and which had an impact on the adoption of a legal court decision.

The Supreme State Prosecutor's Office proposed to the Supreme Court to determine that the request for the protection of legality was founded and to issue a verdict that would change the court's decision.

The day before yesterday, the Court of Appeal rejected the appeal of Do Kwon's defense attorneys and confirmed the decision of the High Court in Podgorica from March 6.

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

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