New Court Transcript Supreme Court Rejects Appeal To Stop Extradition of Cocaine Kingpin To USA

Tuesday 12th Latest Weather St Maarten News

Date of judgment
12-07-2022
Date of publication
12-07-2022

Caribbean case. Prosecution extradition of the claimed person to the United States for (i) conspiracy to distribute cocaine internationally, (ii) conspiracy to import cocaine and (iii) international distribution of approximately 64 kilograms of cocaine.

https://www.sxmgovernment.com

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1. Has the Extradition Order of Aruba, Curaçao and Sint Maarten lost its binding force? 2. Should violation of the provisions of art. 12 Extradition decision of Aruba, Curaçao and Sint Maarten (procedure for deprivation of liberty of the requested person) lead to a declaration that the request for extradition is inadmissible? 3. Did the court ignore the fact that the person claimed was prosecuted, or at least had been arrested, on account of one or more of the offenses for which his extradition was requested?

HR: art. 81.1. RO.

Correlation with 21/04844 UC, 21/04845 UC, 21/04846 UC and 21/04978 UC.

SUPREME COURT OF THE NETHERLANDS

penal chamber

Number 21/04979 UC

Date 12 July 2022

JUDGMENT

on the appeal in cassation against a final judgment of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba, dated 16 November 2021, number HAR 108/2021, at a request from the United States of America until extradition

from

[claimed person],

born in [place of birth] on [date of birth] 1983,

hereinafter: the claimed person.

1Process in cassation
The appeal was lodged by the person claimed. On behalf of the latter, C. Reijntjes-Wendenburg, lawyer in Valkenswaard, has proposed means of cassation in writing. The written form is attached to this judgment and forms part of it.

Advocate General DJMW Paridaens has concluded that the appeal should be dismissed.

2Assessment of the grounds of appeal
The Supreme Court has assessed the complaints about the court’s ruling. The outcome of this is that these complaints cannot lead to the annulment of that decision. The Supreme Court is not required to provide reasons for its decision. When assessing these complaints, it is not necessary to answer questions that are important for the unity or development of the law (see Article 81 paragraph 1 of the Judicial Organization Act).

3Decision
The Supreme Court dismisses the appeal.

This judgment was rendered by Vice-President J. de Hullu as Chairman, and Counselors MJ Borgers and T. Kooijmans, in the presence of Deputy Clerk E. Schnetz, and pronounced in open court on 12 July 2022 .