The Supreme Court of Montenegro has delayed the extradition of Do Kwon, the embattled founding father of Terraform Labs, to South Korea. This resolution got here in response to a request for the safety of legality filed by the Supreme State Prosecutor’s Office (VDT) on August 2, 2024.
Supreme Court Delays Do Kwon’s Extradition To South Korea
The VDT’s request seeks to delay the enforcement of earlier selections by each the High Court in Podgorica and the Court of Appeal. These courts had earlier accredited Do Kwon’s extradition to his house nation, South Korea. The Supreme Court panel, led by Judge Seka Piletić, decided that the extradition can be postponed till the court docket can evaluate the VDT’s request.
Moreover, the choice was influenced by considerations raised about potential authorized violations within the course of resulting in the preliminary rulings. Hence, the VDT requested that the Supreme Court consider whether or not the extradition selections adhered to Montenegrin legislation and worldwide treaties. They additionally requested an analysis whether or not the extradition ought to proceed to South Korea reasonably than the United States, in accordance Montenegro information outlet Vijesti.
Hence, the Supreme Court’s resolution successfully halted the instant execution of the extradition. This places the plans of the Montenegrin Police Directorate and Ministry of Justice on maintain. This transfer additionally provides one other layer of complexity to an already convoluted authorized saga that has seen a number of court docket selections and revisions over the previous a number of months.
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Arguments By Prosecutor’s Office
The Supreme State Prosecutor’s Office submitted the request following a ruling by the Court of Appeal that upheld the High Court’s resolution to extradite Do Kwon to South Korea. The VDT argued that there have been potential breaches of the Law on International Legal Assistance in Criminal Matters. Hence, they warranted an intensive evaluate by the very best court docket.
The VDT’s assertion defined, “On August 2, 2024, the Supreme State Prosecutor’s Office filed a request for protection of legality before the Supreme Court of Montenegro against the decision of the High Court in Podgorica and the Court of Appeal in the aforementioned case, due to the violation of the Law on International Legal Assistance in Criminal Matters.”
Moreover, the VDT additional requested that the Supreme Court briefly halt the enforcement of those selections. The prosecutor’s workplace has requested a closing ruling on the legality of the extradition course of, which may decide the enforcement.
Terra Founder’s Legal Defense
Do Kwon’s authorized consultant, legal professional Goran Radić, has expressed concern over “inconsistent legal decisions” all through the extradition course of. Furthermore, Radić famous that the prosecution didn’t object to an earlier resolution by the High Court to extradite Kwon to the United States.
However, after that call was overturned, a subsequent ruling allowed for extradition to South Korea. This locations the ultimate resolution within the arms of Montenegro’s Minister of Justice. Hence, Radić identified that the modifications in selections and the involvement of various authorities within the extradition course of have raised questions concerning the legality and consistency of the actions taken.
He remarked, “Revision of a final decision, which is in favor of the defendant, is not possible except with abuse of position. Since a final decision cannot be changed in a legal way, then there is no point in delaying its execution.” Do Kwon’s protection lawyer additionally emphasised the broader implications of this case for Montenegro’s authorized system.
He highlighted the “judicial disgrace” of getting seven separate court docket selections concerning Kwon’s extradition, an unprecedented scenario in Montenegrin authorized historical past. For context, Do Kwon, who has been in custody in Montenegro since March 2023, is accused of orchestrating a $40 billion crypto fraud. The scheme allegedly entails his corporations, Terraform Labs and its related cryptocurrency, Terra (LUNA).
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Kritika Mehta
Kritika boasts over 2 years of expertise within the monetary information sector. Currently working as a crypto journalist at Coingape, she has constantly proven a knack for blockchain know-how and cryptocurrencies. Kritika combines insightful evaluation with a deep understanding of market tendencies. With a eager curiosity in technical evaluation, she brings a nuanced perspective to her reporting, exploring the intersection of finance, know-how, and rising tendencies within the crypto area.
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