Judge Laurel D. Beeler halted extradition for a week, but gives Alejandro Toledo a chance to get a longer stay in a higher court in the United States.
This Thursday 23, the judge Laurel D. Beelerof the Court of the Northern District of California, temporarily suspended the extradition process —approved by the Department of State— of the former president Alexander Toledowho seeks to prevent the United States Government from turning him over to the Peruvian authorities so that he can be prosecuted for the alleged crimes of collusion and money laundering in the Interoceanic Case. According to the Prosecutor’s Office, the former president received about 35 million dollars in bribes from odebrecht.
According to the resolution to which he agreed The Republicthe magistrate rejected Toledo’s main claim: to suspend the extradition until the Court of Appeals for the Ninth Circuit resolves, in second instance, a habeas corpus with which it seeks to annul the entire repatriation process.
D. Beeler, same as June 2022did agree to the secondary request of the former head of state and ordered to suspend the extradition for a period of 7 days or “until the date on which the Ninth Circuit rules on the petitioner’s request for suspension.” For this to take place, the appeal must be filed with the higher instance within a week.
According to the resolution, Toledo Manrique promised to file his stay request with the Ninth Circuit “no later than” Monday, February 27. Said legal maneuver was not questioned by the Government of the United States.
tight deadlines
Alexander Toledo He announced that he will present on February 27 a request to suspend his extradition before the Ninth Circuit until this instance resolves the habeas corpus.
Fairly, The Court of Appeals for the Ninth Circuit scheduled for Monday, March 6, a hearing in which oral arguments will be heard in the former president’s habeas corpus case.
“Oral arguments have become increasingly rare during the pandemic. (Between January and the first half of March 2020, 69% of 9th Circuit cases were decided without oral argument.) At the very least, the 9th Circuit has determined that Dr. Toledo’s appeal is debatable and complex enough that the panel’s decision is significantly aided by oral argument,” Toledo’s defense said.
Meanwhile, on March 9, the judge Thomas S Hixson scheduled a hearing to discuss the request of the Prosecutor’s Office to revoke the former president’s bail with the aim of executing the extradition and handing him over to the Peruvian authorities.
The arguments
The judge Laurel D. Beeler only accepted Toledo Manrique’s argument regarding the eventual irreparable damage against him upon returning to Peru in a context of violent protests after the vacancy of Pedro Castillo and the assumption of Dina Boluarte.
“Conditions are much more dangerous now than a year ago. Since the removal of President Castillo, the country has been in a state of emergency, resulting in the suspension of various constitutional rights, including freedom of movement, freedom of assembly, and the right to privacy in the home. (…) The result has been rampant violations of human rights; the use of excessive and lethal force against the indigenous population; and the death of at least 48 people killed by law enforcement,” Toledo said.
The former president could not show that his habeas corpus is likely to be found founded in the Ninth Circuit or dismiss that his case is not in the public interest.
