(DOWNLOAD) "Extradition Law - Criminal Defendants Extradited Outside of Treaties Lack Standing to Assert Rule of Specialty - United States V. Valencia-Trujillo." by Suffolk Transnational Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Extradition Law - Criminal Defendants Extradited Outside of Treaties Lack Standing to Assert Rule of Specialty - United States V. Valencia-Trujillo.
- Author : Suffolk Transnational Law Review
- Release Date : January 22, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 300 KB
Description
International law does not impose a duty on nations to extradite criminals, but the United States, along with most other countries, has imposed such an obligation through individually-negotiated bilateral treaties. (1) In an effort to maintain cooperation and good faith between the parties of extradition treaties, courts began recognizing the "rule of specialty," which prohibits the requesting state from prosecuting criminal defendants for charges not contained in the request for extradition. (2) In United States v. Valencia-Trujillo, (3) the U.S. Court of Appeals for the Eleventh Circuit considered whether a criminal defendant extradited from Colombia to the United States could assert the rule of specialty to enforce assurances made by the U.S. government in order to secure extradition. (4) The court held that the defendant lacked standing to assert the rule because he was not extradited pursuant to a treaty. (5) In 2002, a U.S. grand jury indicted Colombian citizen Joaquin Mario Valencia-Trujillo for running an international, multi-million dollar drug smuggling and money laundering enterprise. (6) The American Embassy sent a diplomatic note to Colombia that requested Valencia-Trujillo's extradition. (7) The note invoked applicable provisions of the Constitution of Colombia, Colombia's Criminal Procedure Code, and principles of international law. (8) Colombia authorized Valencia-Trujillo's extradition for the charges set forth in the indictment, but expressly limited this authorization to acts committed after December 17, 199). (9)
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