The Northern California Judge who presides over the extradition case of former
Instead, the authority affirmed that Toledo must remain under house arrest until the extradition case is definitively resolved.
According to an order denying motion to revoke bail and remand to custody signed by
U.S. Magistrate Judge Thomas Hixson, "the Court has always considered Toledo to be a flight risk. It has attempted to mitigate that risk through conditions of release, including cash bail, electronic monitoring, and other conditions."
"To date, despite being vaccinated against COVID, Toledo has not attempted to flee. The Court thinks that Toledo's and his wife's deteriorating physical condition further mitigates against the risk of flight," the document said.
Moreover, the order indicated that "they both need ongoing medical treatment, and they are in a stable living situation in which they are able to get it. Fleeing to another country would disrupt this situation for them, especially since Toledo's first stop in another country as an international fugitive might well be jail."
"Jailing Toledo while he challenges the Court's certification to the Secretary of State —or even just for the two months until 18 U.S.C. § 3188 kicks in— would be an unnecessary cruelty," the document added.
Last September —following judicial proceedings that lasted for more than two years— Judge Hixson agreed that the ex-president should be extradited to Peru, where he is accused of having received bribes during his term in office.
After that ruling, Toledo filed a habeas corpus appeal that must yet be resolved.
Toledo was arrested in July 2019 in California, where he has lived over recent years and spent 8 months in prison when the judge considered a risk of flight. Nonetheless, he was allowed to leave the penitentiary facilities and be placed under house arrest in March 2020 due to the COVID-19 outbreak.
As is known, Toledo is being investigated by Peruvian authorities for allegedly having received up to US$35 million from Odebrecht in exchange for favoring the Brazilian company in its business in his country of origin, while he was still President of the Republic.