How Not To Get Extradited

Author:
Publish date:

Well, today the word is that Kobi Alexander has already left Sri Lanka. Maybe he read our last post and realized his island hideaway wasn’t as safe as he had hoped. But since our last post people have been asking, “How does extradition happen? For that we turn once again to Douglas McNabb of McNabb Associates, a law firm specializing in extradition.
When a fugitive from the US is found in another country with which the US has an extradition agreement, the US government will often attempt to have him (or her, but we’re going to use the generic “him” here because we cannot think of many fugitive chicks off the top of our heads) extradited to face justice here. This begins with the US filing a temporary arrest warrant with the country hosting the fugitive, asking that he be detained pending a full blown extradition petition.
The hearing on a full blown extradition petition works like a probable cause hearing in the US. The accused will usually raise factual arguments intended to show that there isn’t probable cause to justify continuing to detain him or sending him to the US. He may also raise legal arguments—attempting to show that he isn’t extraditable under the relevant treaty.
“These things are very fact dependent,” McNabb tells us. “You don’t get a full-blown trial but you can argue about sufficient cause and legal issues.”
But Kobi is most likely gone from Sri Lanka anyhow. Down side--all our research into Sri Lankan extradition treaties is probably useless. Upside? We can once again play “Where in the world is Kobi Alexander?”

Related