Text 8991, 96 rader
Skriven 2010-07-07 10:34:47 av Michiel van der Vlist (2:280/5555)
     Kommentar till en text av Roy Witt (1:387/22)
Ärende: Extortion?
==================
Hello Roy,

On Tuesday July 06 2010 18:14, you wrote to me:

 RW>>> None required when you have the evidence. Recording of the 'demand'
 RW>>> and 'payment' transaction, receipt of money via wire and cash in
 RW>>> hand. And then of course there are the witnesses at hand.

 MvdV>> Recorded during a covert operation outside US territory.
 MvdV>> Inadmissible in court.

 RW> What say thee!? It wasn't recorded in Aruba, but the US.

Recorded in a hotel room in Aruba.

 RW>>> The crime was an offense commited on a US citizen by wire,

 MvdV>> As I wrote before, in most countries the nationality of the
 MvdV>> victim is irrelevant.

 RW> Says a whole lot about victims rights, eh...

Your opinion is irrelevant. The USA is alone in their position that the
victim's nationality is a determining factor for jurisdiction.

 MvdV>> That is... unless the treaty between Peru and The Netherlands
 MvdV>> that allows convicts to do their time in a prison in their own
 MvdV>> country, gets signed.

 RW> They'd have to have a retro-active clause in it to waive extradtion to
 RW> another country where he commited another crime. That means that the
 RW> extradtion treaty with that country must also either have a
 RW> retro-active clause in it, or be re-negotiated.

Wrong. Extradition for an an alleged crime committed in another country does
not take precedence over the execution of the crime that the subject is
convicted for. If Peru and The Netherlands come to the agreement that Joran van
der Sloot can spend the remainder of his time in a Dutch prison, that is what
will happen, whether the US likes that or not.

 MvdV>> The Netherlands has many such treaties with many countries. Du

 RW> Big deal.

It is indeed a big deal. It allows convicts to choose the country where they
will do their time. Choosing between a Dutch prison and a prison in Peru is not
all that hard a decision...

 MvdV>> tch citizens that were convicted in Thailand have been
 MvdV>> allowed to do their time in a Dutch prison. Since JVDS will be
 MvdV>> in Peru for a long time, there is a fair chance there will be
 MvdV>> such a treaty before his sentence is finished.

 MvdV>> And then he will be in The Netherlands...

 RW> See above.

See above.

 MvdV>> Well... Peru is a banana republic where the separation between
                ^^^^^^^^^^^^^^^^^^^^^^^^^
 MvdV>> the executive and judicial branches does not seem to be so
 MvdV>> strict.

 RW> You're overlooking the fact that Peru is a banana republic.

You are overlooking the fact that Peru is a banana republic.

 RW> They can pretty much do as they wish.

And so they can tell the US to shelve it where the sun don't shine when they
file an extradition request.

 MvdV>> So maybe some "diplomacy" may have some effect on the court's
 MvdV>> decision.

 RW> It won't be diplomacy that sways the prosecution...it'll be a
 RW> negotiated deal between two prosecutoral peers.


The decision does not lay with the prosecution, the decision lays with the
court.

 MvdV>> But then if that works, the Dutch can do the same and try
 MvdV>> to influence the court in favour of allowing him to do his time
 MvdV>> in a Dutch prison. And the Dutch are better in diplomacy.

 RW> If you and Joe are prime examples of that, I doubt the success of
 RW> Dutch deplomacy will succeed at all...

Your doubt has no influence on the outcome.

Cheers, Michiel

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