Alexander Savenkov On Tuesday, the decision by Montenegro’s Higher Court to extradite Terraform Labs co-founder Do Kwon was nullified by the country’s appeals court. This development came amidst indications that Justice Minister Andrej Milovic had unofficially consented to the extradition.
Kwon’s Stay in Montenegro Continues, Awaiting Justice Minister’s Determination
Currently, Kwon is poised to remain in Montenegro following the Dec. 14 ruling by the Appeals Court Council. This ruling annulled the previous decision by the Higher Court in Podgorica to extradite him to the United States, prompting a reevaluation and new decision by the lower court.
The Appeals Court’s cessation of Kwon’s extradition process was deemed invalid due to non-compliance with certain procedural norms under Montenegrin Criminal Procedure Code. Particularly, the court overstepped its legal authority. In Montenegro, the role of the court in extradition cases is limited to ascertaining the legal basis of the extradition request.
Nevertheless, the authority to postpone or cancel the extradition of Terraform Labs’ former CEO does not fall under the court’s purview. Instead, this responsibility lies exclusively with the Minister of Justice, as per Montenegrin laws on international legal assistance in criminal matters. In this instance, the appeals court made a decision that was beyond its legal scope, leading to its revocation.
Facing substantial legal accusations from both the U.S. and South Korea, Kwon consistently denies any fraudulent activities. He faces charges from the U.S. Securities and Exchange Commission (SEC) and South Korean financial regulators, including commodities fraud, securities fraud, wire fraud, and conspiracy to commit fraud and market manipulation. The final decision regarding Kwon’s extradition rests with the Justice Minister.
We invite you to share your views and perspectives on the appeals court’s decision about Do Kwon’s extradition request in the comments section below.
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Frequently Asked Questions (FAQs) about Do Kwon Extradition
What was the decision of Montenegro’s Appeals Court regarding Do Kwon’s extradition?
The Montenegro Appeals Court overturned the decision to extradite Terraform Labs co-founder Do Kwon to the United States, remanding the case to the lower court for a new evaluation.
Why was the extradition of Do Kwon halted by the Montenegrin Appeals Court?
The court’s decision to halt Kwon’s extradition was invalidated due to a violation of specific legal protocols under the Montenegrin Criminal Procedure Code, as the court exceeded its jurisdiction.
Who holds the final decision on Do Kwon’s extradition in Montenegro?
The final decision on whether to extradite Do Kwon lies with the Justice Minister of Montenegro, as per the country’s legislation on international legal assistance in criminal matters.
What charges is Do Kwon facing in the U.S. and South Korea?
Do Kwon faces multiple charges including commodities fraud, securities fraud, wire fraud, and conspiracy to commit fraud and manipulate the market, filed by the U.S. Securities and Exchange Commission and South Korean financial authorities.
More about Do Kwon Extradition
- Montenegro’s Legal System
- Terraform Labs Background
- International Extradition Procedures
- U.S. Securities and Exchange Commission
- South Korean Financial Regulations
