The decision to extradite Do Kwon to either the US or
South Korea has been returned to the High Court after the appeal by the
Terraform Labs’ Co-Founder and his lawyers was granted by the court of appeal in Montenegro.
Montenegrin news outlet Vijesti reported today
(Friday) that the country’s court of appeals accepted the arguments from Kwon’s
lawyers. This action canceled a previous decision by the High Court and sent
the case back for retrial. This move represents the latest legal strategy by
Kwon’s team to postpone his extradition to either the U.S. or South Korea,
where he faces multiple criminal charges.
The initial ruling from the High Court in Podgorica on
April 8, 2024, determined that Kwon, a South Korean national, could be
extradited for prosecution. However, the Court of Appeal found that this
decision lacked decisive facts. Specifically, the High Court failed to provide
valid reasons for its ruling, merely quoting an earlier decision by the Supreme
Court without adequate explanation.
The Appellate Court highlighted the necessity of a clear
decision based on legal and factual issues. When multiple countries request the
extradition of the same individual, specific criteria guide the decision. These
criteria are detailed in various international agreements, including the
European Convention on Extradition and the 1901 convention between Serbia and the
United States. The first-instance court had not reportedly adequately examined
these factors in Kwon’s case.
The High Court will now determine the case, ensuring
Kwon’s consent to extradition was voluntary, informed, and irrevocable. Montenegro’s High Court now stands at a
crossroads. The upcoming decision will determine whether Do Kwon will face
justice in the United States or South Korea.
Expect ongoing updates as this story evolves.
The decision to extradite Do Kwon to either the US or
South Korea has been returned to the High Court after the appeal by the
Terraform Labs’ Co-Founder and his lawyers was granted by the court of appeal in Montenegro.
Montenegrin news outlet Vijesti reported today
(Friday) that the country’s court of appeals accepted the arguments from Kwon’s
lawyers. This action canceled a previous decision by the High Court and sent
the case back for retrial. This move represents the latest legal strategy by
Kwon’s team to postpone his extradition to either the U.S. or South Korea,
where he faces multiple criminal charges.
The initial ruling from the High Court in Podgorica on
April 8, 2024, determined that Kwon, a South Korean national, could be
extradited for prosecution. However, the Court of Appeal found that this
decision lacked decisive facts. Specifically, the High Court failed to provide
valid reasons for its ruling, merely quoting an earlier decision by the Supreme
Court without adequate explanation.
The Appellate Court highlighted the necessity of a clear
decision based on legal and factual issues. When multiple countries request the
extradition of the same individual, specific criteria guide the decision. These
criteria are detailed in various international agreements, including the
European Convention on Extradition and the 1901 convention between Serbia and the
United States. The first-instance court had not reportedly adequately examined
these factors in Kwon’s case.
The High Court will now determine the case, ensuring
Kwon’s consent to extradition was voluntary, informed, and irrevocable. Montenegro’s High Court now stands at a
crossroads. The upcoming decision will determine whether Do Kwon will face
justice in the United States or South Korea.
Expect ongoing updates as this story evolves.
