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Peru: What's next for ex-President Toledo's extradition case?

19:06 | Lima, Mar. 5.

The active extradition of former President Alejandro Toledo and his wife, former First Lady Eliane Karp —requested to the United States over the Ecoteva Case— has been declared admissible by the Peruvian Supreme Court's Permanent Criminal Chamber, and here is an overview of what comes next.

According to the publication "The ABC of Extraditions and Transfers of Sentenced People," issued by the Ministry of Justice and Human Rights (Minjusdh), the procedure is as follows:

1. After declaring the extradition admissible, the Supreme Court must submit the extradition file to the Ministry of Justice and Human Rights (Minjusdh).

2. Once there, the Official Commission on Extraditions and Transfers of Sentenced People shall prepare a technical report proposing that the Council of Ministers accept or deny the extradition request.

Said commission comprises members of Minjusdh and the Ministry of Foreign Affairs.

3. The Executive Branch will decide —via supreme resolution— if the request is accepted or denied.

4. A translation of the extradition file must be submitted with the request, if the latter is accepted by the Executive Branch.

5. Once this is done, the Attorney General's Office will formally submit the request with the assistance of the Ministry of Foreign Affairs.

6. Similarly, the case will be monitored until a response is received from the requested State, in this case, the United States of America.

7. If the U.S. grants the extradition request, the Attorney General's Office will supervise its implementation in accordance with the conditions set by the requested State.

In Peru, the Attorney General's Office is independent from the Executive Branch.


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Published: 3/5/2020