Magistrate's findings issued in Noriega extradition case

FROM A
DIFFERENT ANGLE by Kenneth Rijock

Financial Crime Consultant, for World-Check

30 August 2007

US Magistrate Judge William Turnoff has issued a " Certification of Extraditability [sic] and order of Commitment" in the Miami case styled: In the Matter of the Extradition of Manuel Antonio Noriega. Due to the large amount of controversy generated by the issues, we are summarising the Court's findings of fact and conclusions of law for our readers.

The Court found that:

It was authorised to conduct an extradition hearing.

It had both personal jurisdiction over General Noriega, and subject-matter jurisdiction over the case.

There is currently in force an Extradition Treaty between the US & France.

An extradition warrant was duly issued against General Noriega, charging criminal violations of French law.

That the French offences are extraditable offences within the meaning of the Extradition Treaty.

The French request included an assurance that Noriega will receive a new trial in his case.

After reviewing the documentary evidence submitted, the Court finds that there is Probable Cause that General Noriega committed the offence charged.

That Noriega's claim that the Geneva Convention bars his extradition was not properly raised before this court, due to its limited role by statute in extradition proceedings.

District Judge Hoeveler's ruling of 24 August, to the effect that the Geneva Convention does not bar extradition*, is adopted by reference.

Based upon the foregoing, the Court ruled that General Noriega was " extraditable for the offence for which
extradition was requested, and hereby certifies this finding to the Secretary of State as required...."

The Court also ordered that Noriega be committed to the custody of the United States Marshal for the Southern District of Florida pending final disposition of his case by the Secretary of State, and surrender to designated agents of the Government of France.
_____________________________________________________________________________________________________________ * See US Court rules that Noriega can be extradited to France to face Money Laundering charges, World-Check 25 August, 2007.

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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