Terra’s Do Kwon Scores Victory in Montenegro Extradition Appeal
On March 5, 2024, the Court of Appeal of Montenegro decided to accept Do Kwon and his defense attorneys’ appeal. The court has annulled the decision of the High Court in Podgorica, which had previously allowed Kwon’s extradition to the United States.
The decision to overturn the High Court’s ruling comes after the Appellate Court found significant violations of criminal procedure provisions in the initial decision.
The primary issue revolves around the order in which the extradition requests from the United States and South Korea were received.
Key points:
- The High Court had stated that the US extradition request arrived one day earlier than the South Korean request.
- However, the High Court failed to address the contents of another Ministry of Justice document dated February 19, 2024.
- The Appellate Court found that the High Court did not properly evaluate the document.
- The High Court also did not provide clear reasons for considering the US document dated March 25, 2023, as an extradition request.
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The U.S. First Requested Do Kwon Extradition in March 2023
In March 2023, the United States submitted an extradition request for Kwon. This was following his arrest alongside Han Chang-joon at Podgorica Airport in Montenegro. The two individuals were apprehended as they were preparing to board a private jet bound for Dubai.
Kwon, who was convicted in the previous year for utilizing a falsified Costa Rican passport, has remained in custody in Montenegro since the arrest.
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The Appellate Court’s decision highlights the importance of carefully examining the chronology and nature of extradition requests in cases involving multiple jurisdictions. The court emphasized the need for clear and valid reasons when determining the order of arrival of such requests.
As the case returns to the High Court for a retrial and decision, legal experts and the international community will closely follow the proceedings. This is particularly true given the high-profile nature of the case and the potential consequences for Do Kwon.Ā