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Former President Alejandro Toledo will remain free on bail until an appeal he filed a few weeks ago against his extradition is approved by the US State Department. USA
Judge Thomas S. HicksonFederal Court of the Northern District Californiaruled this Thursday in favor of defending the former president of Peru, who asked him to wait Ninth Circuit Court of Appealsbased in San Francisco, allowed the said appeal.
As you know, a few weeks ago the government USA He asked that judge to place Toledo on remand, as approval of his extradition might increase the risk of absconding.
Judge’s arguments
However, this Thursday, Hickson decided to keep his freedom Toledo although he assured that if he Ninth District determines that extradition should be carried out, orders the former President of Peru to surrender.
“If they did, I would grant the motion[for arrest]and then order Toledo to surrender,” Hickson said, adding that it would not require a new hearing, but would only require an arrest warrant and pre-trial detention. given to the former president.
He also asked how long it would take the Peruvian authorities to contact the United States to hand over Toledo if they decided to arrest him and place him in pre-trial detention.
“My tentative thought is to take no action on the government’s motion (to detain him) until the 9th Circuit decides on this,” the judge said. Thomas S. Hicksonat the hearing this Thursday.
The situation with the audience
both his own Toledoacting virtually as his lawyer, assured that the former president would turn himself in if they lost their appeal, and federal prosecutors who had intervened in the case insisted on being detained.
The state of health of Toledo (aged 76) was another argument that his legal representatives used throughout the process, as they believe that the final decision “might take months”, for this reason he would “languish waiting in a cell”.
This aspect was taken into account by the justice of the peace, who explained that he had decided not to put the politician in jail for the time being, since as long as the appeal remains in force, no extradition deadlines have been set.
Resort Toledo
Before the start of the hearing this Thursday, it became known that Toledo sued for Secretary of Statebut now before the court Colombia (USA) for wanting to extradite him without due process and allegedly violating Fifth Amendment to the Constitution.
In this line, according to Tradedemanded that the said court order, by way of a precautionary order, temporarily stay his extradition and that the judge be ordered Thomas S. Hickson suspend the hearing to assess the cancellation of his bail so that he can be detained.
“The fact that the Department did not provide Dr. Toledo with these minimum guarantees in accordance with Paragraph due process deprives him of his freedom without due process of law and therefore violates the fifth amendment to the Constitution,” Alejandro Toledo said through his lawyers.
(According to EFE and El Comercio)
Source: RPP
I am Emma White and I currently work for Buna Times. My specialty is the politics section of the website, where I aim to provide readers with informative and engaging content on current events. In addition to my professional experience in journalism, I hold a Bachelor’s degree in English Literature from Princeton University.