The former president Alexander Toledoaccused in Peru of receiving US$35 million in bribes, sued the United States Department of State for approving his extradition without complying with “due process.”
His complaint also includes Under Secretary of State Wendy Sherman, who was the one who signed the approval of the repatriation on February 21, 2023.
Toledo filed the appeal before the Columbia Court through the attorneys David Bowker and Kelsey Quigley; he did not resort to the courts of California, jurisdiction in which he lives and where his criminal proceedings are maintained.
In his letter of March 7, to which he agreed Peru21the defense indicates that the State Department made the decision unaware that there was a judicial process underway that has not concluded.
“The State Department says in its February 21 letter that it reviewed all the material it received and referred to the Under Secretary of State for a decision. Receiving and reviewing the material is not a Fifth Amendment “process.” More importantly, the Department did not declassify materials for Dr. Toledo or his advisers; there were no meetings with Dr. Toledo or his advisors, despite repeated requests; The facts, premises, positions, policies or other foundations for this decision were not revealed, much less allowed Dr. Toledo or his advisers an opportunity to be heard”, he points out.
For this reason, the lawyers for the former head of state asked the Columbia Court to issue a resolution indicating that the government has violated Toledo’s rights; that he be given all the documentation that supported the decision to extradite him; and that the former president be given the opportunity to be heard.
At the judicial level, there is a key pronouncement that must be resolved: suspend the extradition process until California judge Thomas Hixson decides whether to order the preventive detention of the former leader of Peru Posible so as not to be admitted to a prison.