Legal Defense of R. Martinelli requested dismissing extradition
The defense of former President Ricardo Martinelli yesterday filed an urgent motion with the Federal Court in Miami, asking the judge in charge of the case to dismiss the extradition request that the Panamanian Government submitted, since it does not include a formal arrest warrant.
- Actualizado: 17/6/2017 - 04:04 pm
The defense of former President Ricardo Martinelli yesterday filed an urgent motion with the Federal Court in Miami, asking the judge in charge of the case to dismiss the extradition request that the Panamanian Government submitted, since it does not include a formal arrest warrant.
According to the publication of the New Herald, the judge presiding over the case, Edwin Torres, issued an order after receiving the motion saying that he will hear the arguments for and against the motion concerned, during an already scheduled hearing for next Tuesday afternoon in his courtroom, when whether or not the possibility of granting bail to Martinelli will also be determined.
"President Ricardo Martinelli requests, a matter of urgency, for the request of extradition to be dismissed and for his immediate release, on the grounds that the Government has not presented an arrest warrant issued by Panama for an extraditable offence, which is a basic requirement under the extradition treaty", according to the motion filed by the lawyer of the former President, Marcos Jimenez.
The publication adds that the presentation of the motion marks the first skirmish between Martinelli and the Government of the United States, at the start of what is expected to be a long judicial process, after the former President was arrested in Coral Gables on Monday, at the request of Panama.
It was also highlighted in the publication, that judge Torres said that while he agrees that the arguments upholding the request are significant enough to be considered immediately, this can wait until the hearing already programmed for Tuesday at 2:00 p.m., during which bail for Martinelli will be analyzed.
"After reviewing the motion and the documents supporting it, the issues raised in the motion justify an immediate decision and that will be addressed during the already scheduled hearing", in accordance with the decision of judge Torres.
Shortly after Martinelli had submitted his motion, the federal prosecutor assigned to the case, Adam Fels, responded in writing that the request of the lawyer of the ex-leader is not valid because the Panamanian law allows for a temporary detention.
"The certification of the provisional detention order transmitted to the United States by the Government of Panama serves in the Panamanian legal system as arrest warrant against a fugitive for offences on which the request for extradition is based," said Prosecutor Fels in his motion.
Only yesterday attorney Wilfredo Allen, migration specialist, said that Martinelli has great possibilities to come out on bail, next Tuesday, June 20, once it is determined that his is a political issue and not a criminal one.
Allen said that during the hearing, Martinelli will have more time to revisit his situation, because such hearing has been fixed to look into the specific bail issue.
He explained that "there is some guarantee that he will not abscond and there are great opportunities to get bail, even more so with attorneys that he has there is a big chance to get bailed out, and thus be able to fight his extradition outside".
"In these cases bail is assessed, and lawyers do not have to be afraid of what could come up", he said. He recalled that Martinelli has very good lawyers defending him.
He even recalled that the fact that he has not been denied political asylum would indicate that the judge has understood the situation of the leader of Democratic Change (political party).
The jurist believes that the third hearing could be (carried out) to address the issue of extradition.
He recalled that federal trials or hearings are relatively fast, "but what is fast for you or me can represent weeks or months for them, it all depends on what happens in the bail hearing and on how fast the Government gets to support their case and how fast the legal defense gets to defend him".
The lawyer said that contrary to what some sectors sustain, the USA is not a refuge for criminals, "criminals would always retreat in Venezuela and Cuba".
He added that the US "is a country of laws" where justice is respected
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