Do Kwon's Extradition Case Sent Back to High Court after Appeal: Report
The decision to extradite Do Kwon to either the US orSouth Korea has been returned to the High Court after the Court of Appeal in Montenegro granted an appeal by the Terraform Labs' Co-Founder and his lawyers.
Kwon's Appeal Granted
Montenegrin news outlet Vijesti reported today(Friday) that the countrys Court of Appeal accepted the arguments from Kwonslawyers. This action canceled a previous decision by the High Court and sentthe case back for retrial. This move represents the latest legal strategy byKwons team to postpone his extradition to either the US or South Korea,where he faces multiple criminal charges.
The initial ruling from the High Court in Podgorica onApril 8, 2024, determined that Kwon, a South Korean national, could beextradited for prosecution. However, the Court of Appeal found that thisdecision lacked decisive facts. Specifically, the High Court failed to providevalid reasons for its ruling, merely quoting an earlier decision by the SupremeCourt without adequate explanation.
The Court of Appeal highlighted the necessity of a cleardecision based on legal and factual issues. When multiple countries request theextradition of the same individual, specific criteria guide the decision. Thesecriteria are detailed in various international agreements, including theEuropean Convention on Extradition and the 1901 convention between Serbia and theUnited States. The first-instance court had not reportedly adequately examinedthese factors in Kwons case.
The High Court will now determine the case, ensuringKwon's consent to extradition was voluntary, informed, and irrevocable. Montenegros High Court now stands at acrossroads. The upcoming decision will determine whether Do Kwon will facejustice in the United States or South Korea.
Competing Extradition Requests
In March, Montenegro's Office of the Supreme StateProsecutor challenged the High Court's decision to extradite Kwon to SouthKorea. Montenegro's top prosecutor contended that the High Court oversteppedits authority by opting for an "abbreviated proceeding" to extraditeKwon to South Korea, bypassing a more thorough legal process.
The appellate court upheld the High Court's decision,but the Supreme State Prosecutor sought protection of legality from the SupremeCourt, asserting that only the Minister of Justice has the final say in suchmatters.
The United States has also requested Kwon's extradition,filing eight charges against him and indicating a willingness to prosecute himin absentia. Additionally, the US Securities and Exchange Commission hasbrought civil charges against Kwon and Terraform Labs. Kwon disappeared from public view after thecatastrophic collapse of TerraUSD and Luna cryptocurrencies in 2022, whicherased nearly $37 billion from the crypto market and led to several projectbankruptcies, before being arrested in Monetgenro.
This article was written by Jared Kirui at www.financemagnates.com.