- Montenegro’s Appellate Court overturns High Court ruling in Do Kwon extradition case.
- It cited significant procedural violations in the decision-making process.
- The case has been remanded to the first instance court for retrial.
The Appellate Court of Montenegro has overturned a high court ruling by accepting the appeal filed by the defense attorneys of disgraced Terra Luna founder Do Kwon. According to a local report, the decision comes following a session yesterday, February 7.
The High Court in Podgorica issued the initial ruling, which determined that the legal requirements for the extradition of Do Kwon were met. Notably, this decision stemmed from requests made by both the Republic of South Korea and the United States of America for prosecution on multiple criminal charges.
However, the Appellate Court highlighted significant procedural violations in the decision-making process. Notably, the report pointed out that the Higher Court failed to recognize the specific circumstances of the case, which involved a shortened extradition procedure. Under this procedure, the court, rather than the Minister of Justice, holds the authority to decide on extradition.
Furthermore, the Appellate Court emphasized the necessity for clarity regarding the order of arrival of extradition requests. The report noted that his process is particularly necessary when multiple nations seek extradition for the same individual.
Given these circumstances, the High Court’s decision was annulled, marking a pivotal moment in the legal proceedings surrounding Do Kwon’s extradition.
Last month, Kwon’s defense lawyers sought to delay his impending trial with the U.S. regulator until his extradition proceedings from Montenegro conclude. The legal team formally requested the U.S. court to postpone the trial, citing uncertainty about the extradition timeline. Now, the case has been remanded to the first instance court for retrial and a subsequent decision.
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